Self-help method of human trafficking

Human trafficking refers to the recruitment, transportation, transfer, provision or acquisition of a person for the purpose of exploitation and utilization. The process of human trafficking usually involves illegal means, such as threats of violence, other forms of coercion, kidnapping, fraud and so on. The content of exploitation includes forced prostitution or other types of sexual exploitation, forced labor, slavery, organ removal and so on. Other forms of child exploitation include illegal international adoption, forced early marriage, recruitment of child soldiers or involuntary begging.

Solution measures

(a) Building political will

Cooperation between countries or governments is a necessary prerequisite to combat transnational crime, especially transnational human trafficking. The importance of high political support between relevant countries and governments is self-evident. Without such political will, all legal efforts will be built on the beach and will be wasted sooner or later. Therefore, it is necessary to promote more extensive cooperation between the state and the government in the traditional and non-traditional security fields to combat terrorism, drug trafficking, human trafficking, illegal immigration, telecom fraud and cyber crime. (1) The cooperation practice in the above areas has created a necessary environment and provided a platform for cooperation in effectively cracking down on such crimes. Without this institutional platform embodied in political will, nothing can be said.

The government has the responsibility to bring traffickers to justice to help victims, but they are also big customers, spending hundreds of billions of dollars on products and services every year, from construction and armaments to office supplies and technical equipment. In this way, they can have an immediate impact on demand. The government should review their procurement supply chain and strive to greatly reduce the exploitation of vulnerable groups. In order to end slavery in the supply chain, both enterprises and governments must play an important role. In this era of increasing consumer awareness, companies must trace the source of materials more thoroughly and supervise their supply chains. The government must work harder to enforce the existing laws and regulations. With the adoption of the new law, the traceability of raw materials is changing from voluntary best practice to legal responsibility. All industries are facing increasing pressure, so we should know more about the production environment of raw materials they get.

(two) the establishment of "prosecution and conviction first" law enforcement model.

Without the cooperation and implementation of domestic legislation and law enforcement departments, the ratification of relevant treaties is just a dead letter. It is very common for a country or government to shelve the provisions of the treaty, not properly translate domestic laws, and not make efforts to create the crime of trafficking in human beings and distinguish it from related crimes in law. It can be seen that even if there is political will, there is no guarantee for effective follow-up cooperation. The only way is for the state and the government to step up prosecution of traffickers and provide justice for the victims.

In recent years, governments and various non-governmental organizations have responded to the crime of transnational human trafficking in two ways: one is to emphasize the prosecution and conviction of criminals, and we summarize it as the "prosecution and conviction first" mode; The other is the victim-centered model, which emphasizes the protection and relief of the rights of the rescued victims. We call it the "human rights protection priority" model. Of course, both models cover all aspects of strengthening law enforcement and protecting victims, and there are some overlapping contents, but the starting point and emphasis are not the same.

(3) Establish a specific long-term mechanism for police enforcement.

The government must provide incentives to the police and other law enforcement officers to encourage them to search for victims of human trafficking purposefully and actively investigate signs of trafficking. Some successful strategies include actively investigating prostitution sites and workplaces with frequent labor cases, and conducting routine inspections of enterprises that employ many foreign workers. However, we can't rely entirely on law enforcement departments. Medical personnel, teachers, immigration authorities and children's rights organizations all have the ability to find and rescue victims of trafficking. For them, positive identification means recognizing that modern slavery can happen to anyone and overcoming cultural stereotypes and xenophobia. The government must train all units that may come into contact with victims (including the largest range of potential victims), and it is best to make training a mandatory requirement.

Pay attention to the role of non-governmental organizations

NGOs can provide care for victims of trafficking, cooperate with law enforcement agencies and provide feedback on government policies. Recently, the "Baby Going Home" which has aroused widespread concern is a good example of the successful cooperation between the government and non-governmental organizations. Although the growing soil of NGO in China is not deep, and its specific actions are restricted by many conditions, it is still a force to be reckoned with in the anti-abduction movement. Facing the relative shortage of judicial resources, it is urgent to recognize the status of non-governmental organizations, expand non-governmental channels and establish a flexible and effective cooperation mechanism between the government and the people.

Although non-governmental organizations are of great value as partners in combating human trafficking, the government often neglects to provide financial support to non-governmental organizations, prevent them from participating in legal proceedings and exclude them from efforts to combat human trafficking. The author believes that funding, guidance, trust and support for non-governmental organizations are necessary, because the government is not always in the best position to provide victims with the services they need. Non-governmental organizations can be ideal partners to fill the protection gap, including providing shelter for victims, legal aid and consulting services on immigration status. However, non-governmental organizations should not bear the cost of government protection responsibility. Funding non-governmental organizations can show that the government is committed to providing protection by increasing services. This funding, in turn, enables victims to participate in investigations and prosecutions, thus helping law enforcement.

(v) Possibility of considering transnational trafficking in persons as a crime against humanity.

Crime against humanity is a constantly developing and changing concept. "Now, torture, illegal human experiments, slavery and other acts related to slave activities are all included in the category of crimes against humanity." According to Article 7 of the Statute of the International Criminal Court, a crime against humanity refers to any of the following acts committed as part of a widespread or systematic attack against any civilian population with knowledge of such an attack: (1) murder; (2) extinction; (3) slavery; (4) deportation or forcible transfer of personnel

Mouth; (5) Imprisonment or other serious deprivation of personal freedom in violation of the basic rules of international law; (6) torture; (7) Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable gravity; (8) Persecuting any identifiable group or collective on the basis of politics, race, nationality, ethnicity, culture, religion, gender as defined in the third paragraph, or other reasons generally recognized as impermissible by international law, in combination with any act mentioned in this paragraph or any crime within the jurisdiction of the Court; (9) enforced disappearance of persons; (10) the crime of apartheid; (1 1) Other inhumane acts of the same nature that intentionally cause great pain or cause serious harm to human body or physical and mental health. The above provisions reflect the development of international humanitarian law since the Nuremberg trial.

In essence, human trafficking has always been one of the most hidden crimes in the world, and it may also be one of the most misunderstood crimes. The crime of trafficking in human beings is often wrongly classified as personal injury, harboring illegal immigrants and accessory crimes, which has caused obstacles to cracking down on crimes and even failed to make accurate statistics to some extent. Today, China is still a developing country, and the problems of unbalanced, uncoordinated and unsustainable development are still outstanding. Influenced and restricted by the level of natural, historical, cultural, economic and social development, the international situation it faces is also extremely complicated, which determines that the fight against transnational human trafficking still faces many challenges from the political level and legal framework, and it has a long way to go. However, we "protect victims, punish abusers and help survivors"