Naming and Explaining Two Laws or Legislation that Protect Citizens against Human Trafficking Human trafficking remains one of the most egregious violations of human rights, perpetuating exploitation and suffering on a global scale. In response to this heinous crime, legislation plays a crucial role in combating trafficking and protecting the vulnerable.
Two Laws or Legislation that Protect Citizens against Human Trafficking
Law 1: The Prevention and Combating of Trafficking in Persons Act 7 of 2013 aims:
- to give effect to the Republic’s obligations concerning the trafficking of persons in terms of international agreements;
- to provide for an offence of trafficking in persons and other offences associated with trafficking in persons;
- to provide for penalties that may be imposed in respect of the offences;
- to provide for measures to protect and assist victims of trafficking in persons;
- to provide for the coordinated implementation, application and administration of this Act;
- to prevent and combat the trafficking in persons within or across the borders of the Republic; and
- to provide for matters connected therewith.
Law 2: Palermo Protocol, a supplement to the UN Convention against Transnational Organized Crime (2000).
The first universal instrument dealing exclusively with all aspects of human trafficking is the United Nations (UN) Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organised crime 2000,
The Trafficking Victims Protection Act (TVPA)
Enacted in 2000, the Trafficking Victims Protection Act (TVPA) stands as a landmark legislation in the United States aimed at preventing human trafficking, prosecuting traffickers, and protecting victims. This comprehensive law addresses both sex trafficking and labor trafficking and emphasizes the importance of international cooperation in combating this transnational crime.
Key Provisions:
- Prevention: The TVPA focuses on prevention efforts both domestically and internationally, allocating resources to raise awareness, provide training for law enforcement, and implement programs to address the root causes of trafficking.
- Prosecution: It strengthens penalties for traffickers and provides tools for law enforcement agencies to investigate and prosecute trafficking cases effectively. The law also enables the prosecution of U.S. citizens who engage in sex tourism abroad.
- Protection: Recognizing the vulnerability of trafficking victims, the TVPA establishes protections and assistance programs for survivors. This includes access to temporary visas for foreign victims, allowing them to remain in the U.S. to assist in the investigation and prosecution of traffickers.
- Partnerships: The TVPA emphasizes international cooperation by incentivizing countries to meet minimum standards for combating trafficking and providing assistance to those that demonstrate significant efforts to do so.
The Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons)
The Palermo Protocol, adopted by the United Nations in 2000, supplements the UN Convention against Transnational Organized Crime and specifically targets human trafficking. Named after the Italian city where it was adopted, the protocol provides a framework for international cooperation and sets out guidelines for preventing trafficking, protecting victims, and prosecuting perpetrators.
Key Provisions:
- Definition: The protocol offers a comprehensive definition of human trafficking, encompassing the recruitment, transportation, transfer, harboring, or receipt of persons through force, fraud, or coercion for the purpose of exploitation.
- Protection of Victims: Similar to the TVPA, the Palermo Protocol prioritizes the protection of trafficking victims, emphasizing their rights to assistance, support, and access to legal remedies. It encourages countries to adopt measures to prevent re-trafficking and to provide specialized support services for survivors.
- International Cooperation: Recognizing the transnational nature of trafficking, the protocol calls for enhanced cooperation among countries in investigating and prosecuting trafficking cases. It encourages the exchange of information and the development of bilateral and multilateral agreements to combat trafficking more effectively.
- Prevention: The protocol emphasizes the importance of addressing the root causes of trafficking, such as poverty, inequality, and lack of opportunities. It calls on countries to implement measures to raise awareness, educate vulnerable populations, and strengthen legal and institutional frameworks to prevent trafficking.