Examination Of The Legal Framework For Combating Human Trafficking

General Introduction

This research seeks to examine the legal framework for combating human trafficking in Nigeria. The term “human trafficking” is the trade of humans, most commonly for the purpose of sexual slavery, forced labor or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage , or the extractions of organs or tissues. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim’s rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, and does not necessarily involve the movement of the person from one place to another.

Human trafficking represented an estimated $31.6 billion of international trade per annum in 2010 . Human trafficking is thought to be one of the fastest-growing activities of trans-national criminal organizations . According to report, the most common form of human trafficking (79%) is sexual exploitation. The victims of sexual exploitation are predominantly women and girls. Surprisingly, women make up the largest proportion of traffickers. That is, women trafficking women is the norm. Trafficking is driven by gender inequalities, social exclusion, the absence of equal opportunity and prospects for employment.

Human trafficking has affected nearly all countries around the world either as countries of origin, transit or destination. Consequently, within the last one and half decades, it has become highly imperative to combat the scourge. The United Nations Protocol against Trafficking in Persons – the foremost international agreement in this area – entered into force in 2003. Report shows that in the past few years the number of Member States seriously implementing the Protocol has more than doubled (from 54 to 125 out of the 155 states covered). However, there are still many countries that lack the necessary legal instruments or political will.

Prior to the passage of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003, amended in December 2005, Nigeria was in a state of denial and did not recognize trafficking in humans as a problem. Non-Governmental Organizations and human rights activists forced the Nigerian government to pay attention to the problem of trafficking of women to Europe that was fast gaining notoriety across the globe. Even at that, the Nigerian government only started responding to the problem in 2003. Consequently, there was no specific law prohibiting the trafficking of persons irrespective of gender.

However in 2015, President Goodluck Jonathan assented into law the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 on 26th March, 2015. The Act primarily intends to reflect recent developments in trafficking that were not included under the repealed Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2003. It also ensures that the penalties for breaching the provisions of the law are consistent with the letter and spirit of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, 2000.

Thus, this research seeks to evaluate the issue of human trafficking in Nigeria and examine the current legal framework for combating trafficking of persons in Nigeria and discuss sanctions and punishment available for offenders.

…Chapter one continues