TRAFFICKING IN PERSONS

ORGANIZED FOR JUDGES,PUBLIC

PROSECUTORS AND POLICE
OFFICERS

JUSTICE ORGANS PROFESSIONALS

TRAINING CENTER
2OO9

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 CONTENT

Topics Pages
Introduction-----------------------------------------------------------------1
A) The objective of the training-------------------------------------2

B) Expected outcome of the training-------------------------------3

PART ONE
The concept of trafficking in persons-----------------------------------4
Sub part one
1.1 Historical development-----------------------------------------------4
1.2 Definition---------------------------------------------------------------5
1.3 Anonyms and Synonyms of TIP with other crimes---------------7
A) Synonymy with other crimes------------------------------------7
B) Anonymity---------------------------------------------------------7
1.4The gender perspective of human trafficking---------------------8
1.5Human trafficking from the child rights perspective------------10
1.6 Human trafficking from the context of labor exploitation-------11
1.7 The identity of traffickers--------------------------------------------13
1.8 Victims of trafficking in persons------------------------------------13
1.9 Modus Operandi used by traffickers to control the victims------14
Sub part two
The process of trafficking in persons and the role of involving
countries------------------------------------------------------------------------------15
2.1 The source countries-----------------------------------------------------15

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 2.2 The transit countries-----------------------------------------------------16
2.3 The destination countries------------------------------------------------16
Sub part three
Situations, causes, problems and challenges of tip--------------------------------17
3.1 Situation-------------------------------------------------------------------------17
a) General------------------------------------------------------------------------17
b) Ethiopia-------------------------------------------------------------------------18
c) The category of countries-----------------------------------------------------19
3.2 Causes of trafficking--------------------------------------------------------------20
3.3 Problems of trafficking in persons-------------------------------------------23
3.4 Challenges of tip---------------------------------------------------------------24
Conclusions----------------------------------------------------------------------------26
Questions for discussion--------------------------------------------------------------26
PART TWO
Legal framework of tip---------------------------------------------------------------27
Sub Part one-international instruments specifically referring to tip-----------28
1.1 Historical over view--------------------------------------------------------------28
1.2 Protocol on trafficking in persons specially women and children----------29
A.) Scope, purpose and definition of trafficking ------------------------------29
B.) Trafficking in children and protection of trafficked persons--------------29
C.) Status, Repatriation, border control and law enforcement-----------------31
D.) Preventing trafficking-----------------------------------------------------------32
Sub part; - Human rights instruments relating to trafficking in persons-------33
2.1 The UN charter---------------------------------------------------------------------34
2.2 UDHR, ICCPR, ICESCR AND CAT------------------------------------------34
2.3 RIGHTS freedoms in international human rights instruments applicable to trafficking
in persons-----------------------------------------------------------------------------------------34
2.4 Obligations under the instruments----------------------------------------------------36
Sub Part three-Human trafficking in relation to ILO.CEDAW, CRC and the ICC statute--
3.1 ILO-------------------------------------------------------------------------------------37
3.2 CEDAW and Other gender specific instruments----------------------------------39

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 3.3 Child specific and other related instruments---------------------------------------42
3.4 Human trafficking in relation to the Rome statute of the international
criminal court-----------------------------------------------------------------------------------45
Sub Part four-Legal frame work on human trafficking in Africa-------------------------47
4.1 The African charter on human and peoples' rights------------------------------------47
4.2 The protocol of the African charter on human and people's rights on the right of
women in
Africa-----------------------------------------------------------------------------------------------48
4.3 African charter on Minors------------------------------------------------------------------48
Sub Part five-The legal framework of human trafficking in Ethiopia-----------------------49
5.1 General--------------------------------------------------------------------------------------49
5.2 Human trafficking vis-à-vis the constitution--------------------------------------------50
5.3 The Criminal code of Ethiopia------------------------------------------------------------52
5.4 Human trafficking in relation to proclamation no.104/1998--------------------------58
Summary-------------------------------------------------------------------------------------------60
Discussion points----------------------------------------------------------------------------------61
Part three-Strategies and techniques of controlling TIP--------------------------------------62
Introduction----------------------------------------------------------------------------------------62
Sub part one;-International cooperation and the need for coordinated effort among stake
holders---------------------------------------------------------------------------------------------63
Sub part two; - Controlling techniques and strategies-----------------------------------65
2.1 Prevention techniques and strategies before the commitment of the crime---------65
2.1.1 Awareness and education----------------------------------------------------66
2.1.2 Reducing vulnerability-------------------------------------------------------69
2.1.3 Administrative controls---------------------------------------------------------70
2.1.4 Fighting corruption and organized crimes-----------------------------------72
2.2 Disposing criminal cases effectively-----------------------------------------------72
2.3 Separating and providing support to the victims----------------------------79
2.3.1 Identifying the victims--------------------------------------------------------79
2.3.2 Interviewing the victim ---------------------------------------------------82
Sub part three-TIP data management--------------------------------------------------91

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Conclusion-----------------------------------------------------------------------------93
References --------------------------------------------------------------------------94

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Trafficking in Persons

Introduction
Arms trafficking, drug trafficking and human Trafficking are the main organized crimes
challenging the peace, security and dignity of human beings anywhere.

Involvement in the illegal business of the above mentioned crimes usually ends up in
collocating significantly large sum of profit with out having been a subject of
prosecution.

It has been argued also Trafficking in persons undermines efforts employed to eliminate
if not to minimize social political and economical problems that human beings in any
country face.

Trafficking in persons violates the human rights (the right to life, the right to liberty, the
right to security and the right to free oneself from any form of exploitation and slavery)
Traffickers are successful in corrupting government officials by providing them with
large sum of money they have collected from this illegal business. Therefore, good
governance and rule of law will be at stake if government officials are corrupt. On the
other hand, human trafficking is alarmingly expanding in all corners of the world. It is the
3rd largest organized crime in terms of the amount of money it involves (the UN estimates
7-10 billion dollars circulates in the business annually)

Although the benefit it renders to traffickers, buyers, sellers and other people involved in
the process is high, it can’t be denied that the physical and psychological damages
trafficking causes on the victims is worst. The physical and psychological injuries the
victims face begins right from the moment the victims start leaving their country and
continuous in its worst form after arrival to the destination country.

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Ethiopia is a country where men, women and children both internationally and
domestically trafficked. It is only with strong coordination of government, civil societies
and the public it can be effectively contained.
In the first day training, an attempt will be made to precisely explain the meaning, the
historical background, the situation, the processes, causes, challenges, and problems of
trafficking in persons. The second day is allotted to the international, regional and local
legal frame works. The third day will be covered with strategies and techniques of
preventing and controlling TIP.

A. The objective of the Training

The level of trafficking in Ethiopia is increasing from time to time. The justice organs
(courts, prosecution offices and police) should primarily work towards preventing human
trafficking. If this crime is committed, an effort should be made to bring all offenders
(traffickers) before justice. The judgment passed over the traffickers should be efficient,
fair and just and in fact it should be some thing that could be implemented. Efficiency
refers to the time taken to dispose the case and there should be expedition. Fairness and
justice may be expressed in terms of quality of the judgment. Judgments that are not
effectively executed are considered were not delivered. Failure to execute judgments has
a devastating effect in the over all justice system. This training is therefore, aimed at
equipping justice professions with required knowledge, skill and attitude which will
enable them achieve the above mentioned objectives.

B.Expected outcome of the Training

At the end of the 3 days training program, trainees are expected to know the definition
causes, problems, challenges and other issues related with trafficking.

Therefore, it is expected that the justice organs will be strongly engaged in preventing
and controlling trafficking of human beings and also will work towards increasing
prosecution of traffickers.

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PART ONE
The Concept of Trafficking in persons
SUB PART ONE
THE CONCEPT OF TIP

1.1. Historical Development

The history of slavery can be traced back to the ancient primitive society. It has since
then existed thousands of years changing its forms and techniques.
Human trafficking is a modern day slavery where by physical, psychological and mental
wellbeing of individuals is seriously injured.

The issue of human trafficking comes in to picture when different people in Europe
started voicing about abusing of white women.

Even though, there is no a uniform definition for white slavery, it has been said that it
refers to recruiting, transporting, exploiting, etc of white women through coercion, drugs,
false promises, etc. in order to use them as prostitutes. The movement towards
eliminating white slavery was started after formal abolishing of the so called ‘black
slavery’.
The history of Trafficking in women can be traced back to the end of 1800 and the
beginning of 1900, where the Hamburg Police revealed the names of 402 traffickers in
1912.

Several Consultations and conferences had been held in 1895 and 1899 in Par, Budapest
and London among European states to eliminate white slavery.

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The scope of white slavery was limited to Europe and white women. But the scope has
been changed after series of criticism made on the term white slavery from all directions
which eventually changed the term in to trafficking in women. The change of
terminology also reflects the move of discussion form the National to international level.

Human trafficking has been described in detail in 1927 League of Nations report. The
report revealed that the main destinations include Argentina, Brazil, Mexico, Panama,
Uruguay, Egypt, Algeria and Tunisia. The principal countries of origin at the time were
Austria, France, Germany, Greece, Italy, Spain etc. The movement of trafficking victims
currently is contrary to the situation in 1927.

Even though, significant efforts had been exerted since the end of League of Nations, it is
clear that satisfactory result has not been achieved in tackling human trafficking.

1.2 Definition

The 2002 United Nations protocol to prevent, suppress and punish Trafficking in persons
defines Human trafficking as ‘the recruitment, transportation, transfer or receipt of
persons by means of threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation.’

Activities in human trafficking include

⇒ Recruitment
⇒ Transportation
⇒ Transfer
⇒ Harboring
⇒ Receipt of persons
The Means or methods of (TIP) include
- Threat

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 - Force
- Other forms of coercion
- Abduction
- Fraud
- Deception
- Abuse of power
- Position of vulnerability
- Giving or receiving of payments or benefits (to achieve the consent of a person
having control over another person)
The purpose or intention of Trafficking in persons is exploitation
Exploitation includes
- Prostitution
- Other forms of sexual exploitation
- Forced labor or services
- Slavery
- Servitude
- Removal of organs
The ‘consent’ of the Victims is irrelevant where any of the means /methods set forth
above have been used. ‘Consent’ is irrelevant in case of children even if it does not
involve any of the means set forth above.

Finally, the existence or non existence of human trafficking cannot be determined only by
looking at the type of activity the victim is obliged to do. The existence of exploitation
has to be proved.

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1.3. Anonyms and Synonyms of TIP with other Crimes
A. Synonymy with other crimes

Trafficking in persons has strong ties with other crimes, such as beating, rape,
kidnapping, sexual assaults, forced labor and the like.

Even though the above mentioned crimes are by them selves punishable under almost all
legal systems, they can be considered as a human trafficking crime if the definition
provided to human trafficking is met.

Traffickers are often highly successful because of links with other criminals involving in
trans national crimes, such as trafficking in arms, drugs and other crimes, which provide
them with safe and tested routes, access to cash and the like.

It is also possible that some terrorist groups are involving and profiting from human
trafficking as trafficking in persons is one of the most profitable illegal businesses in the
world. (Focus on dangers of Cross-border crimes, IRIN, Lagos 130 October 2002)

B/ Anonymity
(The Difference between Human Trafficking and Smuggling)
Human Trafficking and smuggling apparently seem unanimous but the two are in
now way the same.
Smuggling differs from human trafficking because the former does not include the
elements of force, fraud, deceit, etc. And people voluntarily request the smuggler’s to
help them cross the boarder for fees.

The other difference between the two is the victim of human trafficking is obliged to
stay under the control and supervision of the trafficker even after crossing the border

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and arriving to the destination place. But unlike the victim of trafficking in persons,
the smuggled person is usually freed on arrival to the destination country.

1.4. The Gender Perspective of Human Trafficking

There is no a uniform and universally accepted definition of trafficking for sexual
exploitation. But, it is understood by many people that trafficking for sexual
exploitation encompasses the movement of people, usually women, between
countries and within countries for sex work with the use of physical coercion,
deception, bondage through forced debt and the like.

In many cases traffickers initially offer legitimate work for the victims , though in
majority of cases the fate of women ends up completely in a situation which is out of
their expectation (i.e.: prostitution)

Despite the case of the majority of women, deportees from Japan said that about 80
percent of them went there with the intention of becoming prostitutes. Women from
Philippines, Thailand and Colombia constitute the majority of victims trafficked to
Japan for sexual exploitation.

Research Conducted by University of California shows that about 46% of people in

slavery in the United States are forced in to prostitution. Domestic servitude claims
27%, agriculture 10% and other occupations 17% (www.archive.org)

On the other hand, it has been stated that trafficking for the purpose of prostitution in
Canada, is estimated to be worth 400 million dollars annually.
(www.unpac.ca/econmy/g-migration)

It has also been provided that the sex of the person contributes to a type of
exploitation the victim is subjected to. In most cases men are forced to work in
agricultural fields and fishery where as women and girls are preferred for domestic
service, prostitution and forced marriage.

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 Some of the severe health consequences of trafficking for commercial sexual
exploitation include exposure to HIV/AIDS and other sexually transmitted diseases.
The victims of commercial sexual exploitation are some times forced to undergo
compulsory medical examination while people with whom they are having sex are not
required to do so.

The other issue which needs to be raised at this point is, even though, many people
think that men can’t be victims of human trafficking, it is the reality that men can also
be victims. The belief of people that ‘men can only be smuggled but women can be
trafficked’ is a wrong thinking and may hinder the effort of governments employed to
avert trafficking of men and boys. Finally, the victims of trafficking for sexual
exploitation not only face physical injuries but also incur series psychological and
mental damages.
The victims usually feel that they are isolated from their society and the society with
whom they are living. It therefore, becomes difficult for them to reunite with their
society. Due to the above mentioned difficulties, human trafficking is considered to be
the dark side of Globalization.

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1.5. Human Trafficking from the Child Rights perspective

Together with women, children represent the largest number of victims of human
trafficking. Due to this transnational crime, large numbers of children are forced to enter
into prostitution, forced marriage, compulsory military service, begging and the like.

According to the US State Department data, an estimated 600,000 to 820,000 men,

women, and children are trafficked each year. From the above mentioned number of
victims, it is stated that approximately 70% are women and girls. It is also added that
50% from the total number of women and girls are minors. We can conclude from this
data that the number of children who are trapped in to human trafficking is extremely
large.

It is also stated by international labor organization (ILO) that Africa has the highest
percentage of child laborers with 41 % of African children involved. The children are
between 5 and 14 years old, with the largest percentage being young girls engaged in
domestic work.

It is the estimation of ILO that 200,000 to 300,000 children are trafficked each year for
forced labor and sexual exploitation in west and central Africa. It is also stated that 40%
of the street children in Nigeria are trafficking victims. These children, according to the
ILO report had served as domestic servants, beggars, agricultural laborers and prostitutes.

According to UNICEF, 10,000 to 15,000 West African children are working on cocoa
plantations in Cote d’Ivoire, sold by middlemen to farm owners for up to $ 340 each.
It is also stated by the UN office for the coordination of humanitarian affairs that
approximately 250 Somali Children, some of them as young as two to three years old, are
found abandoned by traffickers who took money from their parents to ‘place’ them.

Though, it has been stated earlier that most of the child victims of trafficking are forced
into labor exploitation, the number of children trafficked for sexual exploitation is not to

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be undermined. For example, there are at least 28,000 children in commercial sexual
exploitation in South Africa’s urban centers.

Child prostitution is alarmingly rising in Africa than any part of the glob because of the
belief that sex with a virgin will cure HIV/AIDS or that sex with a child decreases the
likely hood of contracting HIV/AIDS or another sexually transmitted disease.

Another fuelling factor for expansion of child prostitution in Africa is sex tourism.
Tanzania, Kenya, South Africa and the Gambia are some of the known destinations for
sex tourists. In fact Thailand is the most vulnerable country with the problem of sex
tourism in the world.

1.6. Human Trafficking From the Context of Labor

Exploitation

Though, most of the victims of human trafficking are lined up for prostitution, others are
forced to work as domestic servants, factory workers, Agricultural field workers, without
having paid all or some of the benefits and payments they deserve for the work they are
forced to do. The exploitation even goes beyond the issue of payments to violation of
their human dignity.

The Indian Supreme Court has ruled in 1982 that in any situation where a trafficking
victim is not getting minimum wages, the presumption shall be that the victim is a
bonded laborer. The burden of disproving this presumption is on the employer/ trafficker.

Victims of forced labor are unprotected by labor laws and long working hours as well as
lack of holiday is common.

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For example:-
 Chinese victims in France are usually forced to work 15 hours a day.
 In Japan, Thai trafficking victims also complained of breach of work contracts,
non-payment of wages, mandatory night work and poor accommodation.

The other aspect of trafficking people for forced labor is called peonage - peonage is
restricting the right of victims to freely move in the destination country because some one
has spent on them for the transportation and the like.

A number of Ethiopian young girls are put under peonage after they are trafficked to
Middle East countries. It has been said that they will be confiscated their passports and
travel documents by the traffickers or employers as soon as they arrive the destination
country. This has the effect of prohibiting the victims from returning to their home
country. But the interest of the victims to cross the boarder and work there, doesn’t pave
the way to traffickers or employers to restrict the free movement and to pose threats on
the victims so that they pay back the debts they owe.

Trafficking people for forced labor happens in any part of the world, though, the situation
in Africa and Developing Countries is worst. According to the estimate by ILO, 12.3
million people most of whom are Africans are trafficked for forced labor.

People are trafficked from and in Ethiopia primarily for the purpose of forced labor and,
to a lesser extent, for commercial sexual exploitation. Forced labor in this case refers to
trafficking of people internationally and domestically for the purpose of labor
exploitation. Though, the actual situation of trafficking of people for the purpose of
forced labor domestically is alarmingly high, many people usually under estimate the
number of the victims of domestic trafficking.

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1.7 Identity of traffickers
Several people, among others including, recruiters, transports, middle men, employers
and victims parents (if they let their child trafficked knowing the situation) are considered
as traffickers.

Therefore, for a question, “who is a trafficker?” one can answer saying a trafficker is any
person involved in a process of trafficking and gaining some kind of benefits or profit.

The followings may also be mentioned as traffickers:-

 Sellers of trafficked person,
 Placement agencies,
 Agents of recruiters,
 Financers,
 Conspirators,
 People who keep in custody of the victim during the act of trafficking,
 Any other person who is involved in any act in the process of human trafficking,
etc.

1.8 Victims of Trafficking in persons

The victims of human trafficking are usually poor people, those who do not have job
opportunity, migrants, displaced people, people deprived of human rights, Children from
families with more brothers and sisters, Children who lost one of their parents, people
who don’t have access to social services (schools, health centers, etc), people who live in
a country where there is no rule of law, people who live in society where public officials
are corrupt, people who live in a society where there is discrimination among people,
people who live in a society where there is weak social interaction, etc.

The victims of trafficking include women, men, girls, boys and children. Women, girls
and children represent the majority of the victims of trafficking in persons.

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It should be noted at this point that identifying the victims of human trafficking is not as
easy as one might have expected.
This is because several tactics are employed by the traffickers to prevent the victims from
revealing the outrages (the exploitations) and also there is lack of awareness on the part
of the public and the victims about the problem.
.

1.9 Modus Operandi Used by Traffickers to Control the

Victims

Victims of human trafficking are usually tricked by false promises and several tactics
employed by the traffickers that the victim will be able to live a better life. After
controlling the victim, the trafficker takes away the basic human rights of the victim and
forces him to stay in a worst condition.

Some of the modus operandi used by the traffickers to control the victims include:

 Debt bondage which commonly includes initial transportation fee, charges for
food, housing, clothing, medical expenses, fines for failing to meet daily quota of
production, etc and increasing with time, the victim can never get out,
 Isolation from family, community, religious fathers and limiting contact with
outsiders
 Confiscating passports and other travel documents,
 Use or threat of violence towards victims and/or family members,
 Threat of shaming victims by exposing circumstances (physical, sexual abuse,
etc) to family and/or public,
 Telling victims that they will be imprisoned or deported if they contact
authorities,
 Controlling victims’ money and other personal belongings,
 Moving victims from location to location resulting in a situation where victims
may not know which town (city) etc they are in and are thus unable to seek help,
 Creating a dependency using tactics of psychological and emotional abuse.

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 SUB PART – TWO
THE PROCESS OF TRAFFICKING IN
PERSONS AND THE ROLE OF INVOLVING
COUNTRIES
Human trafficking is a continuous process which begins by identifying and recruiting
victims and ends up in exploitation of the victims. Several networked traffickers are
involved throughout the process by looking at the role of countries in the process of
trafficking; we can categorize them into source, transit and destination countries.

2.1. The Source Countries

A source country is a country that victims are trafficked from. Usually, these countries
are destitute and may have been further weakened by war, corruption, natural disasters
etc. Some of the main source countries include Nepal, Guatemala and Nigeria. Even
though, there are difficulties associated with identifying trafficking routes in Africa, it is
revealed by some researches that most of West, Central and Eastern African Countries
are primarily countries of Origin. Ethiopia is a major country of origin for trafficking in
persons. It may also be transit country for women trafficked from Burundi to Lebanon as
well.

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2.2. Transit Countries

A transit country is a temporary stop of trafficked victims’ journey to the country where
they will be enslaved. Countries like Mexico and Israel are known as transit countries.
Sothern and Northern African Countries are also well known transit countries in Africa.

2.3. Destination Countries

A destination Country is a country where trafficked persons end up.

These countries are generally affluent, since they must have citizens with enough income
who will invest up on the trafficking. India, Japan and most of Europe and United States
are destination countries. Some West African Countries, Egypt and South Africa can also
be categorized under this group.

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 SUB PART_THREE
SITUATION, CAUSES, PROBLEMS AND
CHALLENGES OF TRAFFICKING IN
PERSONS

3.1. Situation
A.General
Due to the illegal nature of human trafficking and different methodologies employed to
calculate the level or the situation, the exact extent is hard to identify.

The fact that 600,000 to 820,000 people are trafficked across international borders each
year and around 12.3 million people in the world are trapped into forced labor leads us to
conclude that trafficking in persons is currently alarmingly increasing.

It has been revealed by National Human Rights Center in Berkeley, California, that there
are currently about 10,000 forced laborers in the US. It is also stated that more than
50,000 people are annually trafficked into USA.

The practice of giving young virgin girls as slaves in traditional shrines to be used
sexually by priests and provide them with free labor in parts of Ghana, Togo, Benin and
other African Countries shows the situation of Human Trafficking in Africa.

It has been stated by Roman Catholic Church Pope Benedict XVI that human trafficking
in Africa is more devastating than the 19th century African slave trade.

A common misunderstanding is that human trafficking only occurs in poor countries. But
what is actually happening is every country provided with a difference in extent, are
involved in this illegal lucrative business.

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 B. Ethiopia
Women, girls, boys from all corners of the country are trafficked mainly to Lebanon,
Saudi Arabia and United Arab Emirates. Those who are trafficked to Bahrain, Djibouti,
The Sudan and Yemen are also considerable in number.

Djibouti, Yemen and Somali Land are the main transit countries through which Ethiopian
are transported.

It has been provided that some Ethiopians end up in prostitution, though; they were
trafficked initially for domestic service.

Reports show also more than 1,000 young Ethiopians are monthly trafficked to Middle
East Countries mainly to Beirut and Lebanon. According to IOM, the traffickers earn
800 Dollars from each Ethiopian victim trafficked to the Middle East.

The Ethiopian government, after careful consideration has decided in May 2008, that
Ethiopians should not travel to Lebanon as domestic servants. Besides the government
has exerted its maximum effort to reduce the exploitation by providing with three-hour
pre-departure orientation on the risks of labor migration and working conditions in the
destination countries (more than 18,259 people have got the pre-departure orientation).

The Federal High Court’s 11th Criminal Bench was established in late 2007 to hear
transnational trafficking cases.

Accordingly, a court, in June 2008, sentenced a man under proclamation 104/1998 for
imprisonment and fined him $1,357 for illegally sending an Ethiopian woman to Lebanon
who was forced to work as domestic servant and latter thrown from a building by the
employer.

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A second defendant was also sentenced to five years imprisonment and 452 dollar fine
for the same woman’s trafficking for domestic servitude.

The effort to contain human trafficking by imposing tough procedures and controls over
employment agencies has been challenged by the fact that most Ethiopian victims are
trafficked via neighboring countries.
Besides, the exploitation resulting from international trafficking, many Ethiopians are
suffering from trafficking taking place with the country.

Domestic service, Agriculture, Weaver, Gold mining and Beggary are some of many
objectives for which Ethiopians are trafficked domestically.

Internally, children are trafficked from Southern Nations and Nationalities Peoples and
Amhara regions to Addis Ababa for weaver and domestic work with no or under
payment.

It has been provided that in 2008, the Ethiopian police have collected complaints about
trafficking of 899 children in Bus terminals.

C. The category of countries

The American State department annually issues a report about the level and the situation
of trafficking in almost all countries by preparing mainly three tiers on which every
country can be categorized.

Countries that are put under tier-one are those who fully comply with the minimum
standards under the American Anti-trafficking legislation.

The 2009 US trafficking in persons report which was released by the secretary of state
Hilary Clinton, categorizes Canada as a Tier-one Country. However, it has been
repeatedly said Canada was not good with this regard.

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Countries listed under tier-two are those who don’t fully comply with the minimum
standards set in the US anti-trafficking proclamation, but exert maximum efforts to
comply with it.

Tier-three countries, according to the US state department are those countries who don’t
fully comply with the minimum standards and who do not exert maximum effort to
comply with the standards.

Some of the countries listed under tier-one include most of European countries and
Malawi and Morocco from Africa. About 26 African countries including Ethiopia are
listed under tier-two. The Sudan and Zimbabwe are the only countries listed under tier-
three (this classification and list is based on the report of the US state department in
2006).

3.2. Causes of Trafficking

Depending up on the difference in approaches, the causes of human trafficking can be of

different types.

Some people argue that the immigration laws enacted by some countries are the causes of
trafficking. Some other people on the other hand say the ineffectiveness of criminal
justice in a country is the cause. There are also people who argue that human right
violations in source countries are the causes of human trafficking. The number of people
who think the combinations of the above mentioned situations is the cause of human
trafficking is not to be undermined.

The advocators of the approach that immigration laws enacted by some countries are the
causes of human trafficking, argue immigration policies and laws, the difference in
employment opportunities, economic globalization, ineffectiveness of development
strategies, and etc are also the causes of trafficking in persons which need to be carefully
handled.

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Those who say ineffectiveness of criminal justice system in a certain country is the cause
of human trafficking complement their reasoning by adding laws, implementations,
policies and strategies, challenges in the prosecution process, less attention given to
contain organized crimes are all the causes of human trafficking.

Abuse of power, corruption, discrimination, Violations of (Social, Economical, Civil

rights ) by governments are the causes of human trafficking according to the advocators
of the approach which stick to the causes of human trafficking to violations of human
rights.

It has been provided by the US state department report released in 2004 that the causes of
human trafficking can be seen from the supply and demand perspective.

According to the report the causes of trafficking from the supply perspective are the
victims themselves and the causes from the demand perspective may be employers.
Some of the factors leading the victims to contribute to the supply aspect include:-
 Unplanned resettlement,
 Wishing better life,
 Weak economic and social interrelation,
 Absence of employment opportunity,
 Weak border control,
 Organized crimes,
 Violations against the rights of women and children,
 Discrimination against women,
 Ineffectiveness of governments in providing their people with access to education,
health, etc.,
 Corruption in government,

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  Vulnerability of children (children sometimes are breadwinners of their family),
 Political instability,
 Expansion of international media like cable televisions,
 Civil war (armed conflicts),
 Dissolution of marriage,
 Traditional slavery,
 Tight procedures required to legally get out of one’s country.
Success stories and remittances by some victims of trafficking are also the other causes
which lead parents to send their child into the business.

It is also provided that even though the bad lucks and stories don’t usually reach to ears
of the people, the good stories and achievements come exaggerated and faster. The
reason why the bad stories don’t reach to the ears of the people is because the victims
don’t easily reunite with the his community.

The other reasons which motivated the employers to contribute to the demand aspect of
human trafficking are:-
 Legal processes that prosecute victims instead of traffickers,
 Insufficient penalties against traffickers,
 The need for cheep labor,
 Expansion and growth of sex industry including sex tourism and the need for
pornography (minimal law enforcement on global sex industry),
 Expansion of communication technology.
Example: - it is not easy to identify the identity and address of traffickers who trade on
internet.

Human trafficking is growing incredibly because it is a lucrative business from which

very large sum of profit is collected and also there is a very law risk of prosecution. It
has been said, many African traffickers are usually not arrested, prosecuted. The reason
for this has been said absence of rule of law resulting from the corruption and
inefficiency of the justice organs.

26
There fore, strategies and policies prepared to contain human trafficking should be
forwarded towards addressing the root causes.

3.3. Problems of Trafficking in Persons

The social, Political and Economic implications, posed on a country by trafficking in

persons is said to be of the worst.

Trafficking in person is a transnational crime and used to finance some of the dangerous
crimes like terrorism.

A lot of problems can be posed by human trafficking. Some of them are listed below.
1. Trafficking leaves most African countries efforts to get out of poverty in question.
This is because forcing children to work at early age denies them access to
education. If children are not educated, they can’t acquire the skills necessary to
compete in their country’s labor market. They can’t know their rights and the
negative implications of trafficking in persons.

Children will therefore be forced to leave their country. Those few people who
are competent in the domestic labor market will be left to care for an increasing
number of elderly. In general, trafficking causes countries to loss productive
human resource.
2. Human trafficking undermines public health. Because it exposes men, women
and children to HIV/AIDS and other transmittable diseases. Victims are usually
returning with HIV/AIDS and other transmittable diseases, which ultimately pose
a danger to the public at large.
3. Human trafficking causes social imbalances in the proportion of males to females.

27
 4. Trafficking in persons weakens ties of parental affection, decreases families
control over the child. It therefore, interrupts the passage of knowledge and
cultural values from generation to generation.
5. Many African women and children die while crossing borders before arriving
destination country.
6. The victims of trafficking usually face several physical and psychological traumas
(abuses). Some of these physical and psychological abuses include: - rape, sexual
exploitation, beating, hunger, threat to death, a threat to death on their families
etc.
7. The victims of trafficking are subjected to dangerous (harsh) working conditions,
poorly balanced diets, addiction to drugs and alcohol. Due to this, they become a
threat to the public at large.
8. Most women victims of trafficking are subjected to prostitution. As the result,
they are exposed to HIV/AIDS and other sexually transmitted diseases. After
their return to the society, they are not usually willing to go to medical centers and
this as a result defeats the efforts of governments to eradicate diseases.

3.4. Challenges of TIP

The efforts that need to be employed to control trafficking in persons require facing and
over passing several challenges.

1. Building the capacity of Justice Organs Professionals (Polices, Prosecutors and

Judges), building the capacity of Ethiopian diplomats abroad, involving Middle
East countries in the issue, creating awareness internationally, nationally and
locally are some of the main measures to be taken to contain human trafficking in
Ethiopia.
2. Organized offenders are becoming challenges of governments to control borders.
For example, in 1992, immigration officials attempting to capture child traffickers
were attacked by the well-armed traffickers and forced to retreat in Nigeria.

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 3. The efforts of governments to protect and maintain the human rights of their
citizens are challenged by a large sum of money paid to government officials by
the traffickers in the form of bribe.
4. The underestimation of the number of the victims is also another challenge in
controlling the crime.
5. Laws penalizing the victims, absence of protective measures towards the
vulnerable section of the society in some countries are challenges of TIP.
6. The involvement of the families of the victims is also a challenge of eradicating or
minimizing TIP.
7. The re trafficking of drugs and arms is very likely less but the possibility of re
trafficking of human being is high. Therefore, it is also a challenge in containing
TIP.
8. A trend of defining human trafficking only from the aspect of prostitution
disregards the other aspects of trafficking in persons such as trafficking for the
purpose of Agricultural work, domestic service, begging, etc. This in effect
results in narrowing the definition of TIP and becomes a challenge in protecting
TIP.

Of course, there are other people who argue that defining trafficking in persons from the
aspect of prostitution is right. These people complement their argument by saying
defining TIP in that way reduces TIP by 70%. Besides, they argue that from the
estimated 700,000 annual victims of TIP, 80% are women and 70% of whom are the
victims of prostitution.

In general, insufficient protection of witnesses, involvement of the families of the victims

in the process, fear of retaliation from the traffickers, fear of stigmatization from the
society, in effectiveness of international treaties against governments, rebels forcing
children to towards obligatory military services are some of the causes challenging the
efforts of protecting trafficking in persons.

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3.5. Conclusions
Trafficking in person is a threat as well as danger to stable and healthy society. The
crime is categorized under organized crimes and it is one of the dangerous crimes ever
committed against human beings.

The victims should not be arrested, convicted or penalized by the fact that they are
entering in to the territory of a certain country without having legal permission to do so.;
they should not be arrested or convicted if they are the victims of trafficking (UN Human
Rights Commission on TIP).

An attempt has been made to list down and explain some of the causes of TIP and it is
advised that the problem of human trafficking should be solved by addressing the root
causes.

Questions for Discussion

1. One of the factors fueling towards TIP is, traffickers can easily use the trafficked
people for the purpose they intend to use. Why is it easy to use victims?
2. What are the common myths and misconceptions of trafficking in persons?
3. What are the general indicators of TIP?

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 PART TWO
2. Legal Framework of Trafficking-in-
Person
There exist several instrument regarding the prevention and suppression of trafficking-in-
person. These instruments are classified as international, regional and national; binding
and non-binding; “formal and informal”. Hence, we attempt in this chapter to discus
international, regional and national instruments pertaining to Trafficking in person by
sub-dividing them in three categories. These three categories will be dealt respectively in
two headings: Trafficking in person Vis-à-vis other instruments and instruments
specifically dealing with the issue of Trafficking in person only.
Therefore, in this chapter, international instruments enacted with specific reference to
trafficking in person will be dealt under Part I. Part II, trafficking Vis-a-Vis to all
human rights instruments will be discussed. Trafficking-in-person with reference to
instruments pertaining to children and women’s rights will be covered under Part III and
the statute of Rome. Part IV and V will analyze the legal documents existing in regional
and national level with regard to trafficking in person respectively.

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Part One
1. International Instruments Specifically Referring to
Human Trafficking

1.1. Historical overview

In examining the historical development of international legal measures to combat
trafficking, different instruments have dealt the issue since 2000. To began, in 1904 an
international agreement was signed in Paris. The agreement aimed to ensure that women
and girls are protected against criminal traffic “White slave traffic”. The 1990
international convention was also the second instrument for the suppression of the white
slave trade. Though the two instruments have similar concepts hold different ideas in
terms of the focal area given by each. While the 1904 agreement dealt the migration side
of the issues, the 1910 convention focused on the criminalization side of trafficking.
Subsequent treaties, such as the 1921 international conventions for suppression of Traffic
in Women and Children, the Traffic in Women of Full Age, make progress by
abandoning the term “white slave traffic” and by including children of both genders.
Following the early international treaties on human trafficking, the next landmark step
occurred in 1994. Until the recent efforts of the past decades the 1949 convention stood
as the primary international treaty on trafficking. This is because, early treaties focused
on women and children, it stands to prevent trafficking to all person.
However, while the 1949 convention represent a step forward, several criticisms are
raised against it. The first and main critic is that the convention focused solely on
trafficking for the purpose of prostitution. For example, the convention failed to cover

32
labor trafficking. The other critic is to lack of clear definition for the term trafficking in
person and mechanisms for law enforcement.
Thereafter, agreement on TIP was entered in 2000. This Agreement was adopted in a
meeting held at Palermo, Italy. Suring this meeting, two more protocols were adopted in
addition to the agreement on TIP. The first of these two is the protocol for the prevention
of TIP and the second is the Protocol for the prevention of Trafficking Migrants by land,
Sea, and Air. These protocols were adopted on top of The already existing for the
prevention of organized Transnational crimes.
Of these three the protocol for the prevention of TIP is already in force as an international
instrument and the details will be discussed here in below.

1.2 Protocol on Trafficking in Person Especially Women and

Children
1.2.1 General Overview of the Protocol
A. Scope, Purpose and the definition of trafficking

The earliest drafts of the trafficking protocol limited its application to trafficking in
women and children. However, based on the different comments, they agreement was
reached for the expansion of the protocol. Hence, following a recommendation,
subsequently agreed to modify so as to enable that the scope of the proposed protocol be
expanded to cover trafficking in person, especially women and children.
Hence, since men are also part of the issue, the protocol is free from gender based.
The stated purpose of the trafficking protocol is found under its Article two (2). Hence
the purposes are:-
• To prevent and combat trafficking in person, paying particular attention to the
protection of women and children,

• To promote and facilitate cooperation among states parties to this end.

Application on the protocol is limited to situations of international trafficking
involving an organized criminal group.

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 B. Trafficking in Children and Protection of Trafficked
Persons

As far as trafficking in children is concerned, despite the origins of the protocol in

the issue, the matter of child trafficking did not especially occupy delegations
during the negotiations. As early as 1999, the high commissioner for Human
Rights urged the Ad-Hoc committee to include special provisions to prevent
trafficking in children and to protect its victims. In February 2000, group
consisting of the office of the UN high commissioner for Human Rights
(OHCHR), the United Nations Children Found (UNICEF) and the United Nations
High Commissioner for Refuges (UN HCR), in joint submission to the Ad-Hoc
committee, part of the recommendation in this issue were as follows;
 The Protocol should include an explicit acknowledgment of the fact that
Children have special rights under international law, and in particular in
the height of the convention on the Rights of the child:

 Those child victims of trafficking have special needs that must be

recognized and met by states parties are some of the opinions.

On the other, as far as protocol contains activity expected from states parties in relation
with such matter. However, critics are forwarded as the protocol lacks to state the
activities in the way of hard obligation. As a result, states parties are instead enjoined to
provide assistance for and protection of trafficked persons “in appropriate cases and to
the extent possible under domestic law.
Subject to these critics, the protocol contains the following activities that are expected
from states parties:
 Protect the privacy of trafficking victims, and ensure that they are given
information on legal proceedings and facilities to present their views and concerns
during criminal procedures against offenders:

 Consider implementing a range of measures to provide for the physical and

psychological recovery of victims of trafficking:

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  Endeavor to provide for the physical safety of trafficking victims within their
territory:

 Ensure domestic law provides victims with the possibility of obtaining

compensation.

C. Status, Repatriation, Border Control and Law

Enforcement

The status of the victim in the receiving state was a critical issue in the negotiations. The
debate was made into two sides of the groups NGOs and other parties on one side argued
strongly for the inclusion of some kind of right of trafficked person to remain in the
receiving Country. On the other most delegations were took an opposite side that the
inclusion of such right would further encourage illegal migration and actually benefits
traffickers.
However, the final text provides that state party is to consider adopting legislative or
other measures permitting victims of trafficking to remain in their territories temporarily
or permanently.
In addition to this, the related issue of repatriation deal with in separate article was also
very sensitive. The Add-Hoc committee did not prove the view of the UN high
commissioner for Human Rights that: “safe and, as far as possible, voluntary return must
be at the core of any protection strategy for trafficked person. The Ad-Hoc committee
did agree, however, that repatriation was a border to be shared between states of origin
and states of destination and that the protocol’s repatriation provisions were to be
understood as being without prejudice to the obligations under customary international
law regarding the return of migrants.
Besides, other opinions, the final protocol were ratified by incorporating the following
statement.
“States parties of origin are to facilitate and accept, without
undue and unreasonable delay, the return of their trafficked
nationals and those who have a right of permanent residence
within their territories with due regard to the safety of those

35
 Persons”

A related issue in relation to law enforcement and Border control are another part and
parcel of the protocol. It is obvious that protocol on trafficking in person is a binding
international instrument upon states parties. Chapter III of the protocol, entitled
“prevention, cooperation and other measures” contains detailed provisions relating to law
enforcement and border control. In area of law enforcement, state parties accept a
general obligation to cooperate through information exchange aimed at identifying
perpetrators or victims of trafficking, as well as method and means employed by
traffickers. States parties are also to provide or strengthen training for law enforcement,
immigration, and other relevant personnel aimed at preventing trafficking as well as
prosecuting traffickers and protecting the rights of victims. Training is to include a focus
on methods to protect the rights of victims. It should take into account the need to
consider human rights, children, and gender-sensitive issues, while also encouraging with
NGOs as well as other relevant organizations and civil society.
Regarding to protocol states as border control are to be border control, strengthened as
necessary to detect and prevent trafficking and legislative or other appropriate measures
taken to prevent commercial transport being used in the trafficking process and to
penalize such involvement. States parties are also required under the protocol the
integrity of travel documents issued on their behalf and to prevent their fraudulent use.

D. Preventing Trafficking

The protocol contains a number of provisions aimed at preventing trafficking all of which
in non-obligatory style. Regarding to such issue under the protocol, states parties are
required to establish policies, program and other measures so as not to be expose victim
of human trafficking and deals on specifically on the objectives of suppression of human
trafficking. Further more, the protocol incorporates the of initiation by state parties
measures like expanding information system and step taken on social, economic
measures so as to suppress human trafficking. These measures require to include
cooperation made with groups and other NGO, s.

36
However, beyond these, the protocol does not give any clue and recognition regarding to
the fundamental causes for human trafficking. Despite special emphases given to the
issues by the Ad-hoc Committee, it did not asses the problems on using national laws in
violating the rights and freedoms of persons who wish to leave their own country legally.

SUB PART TWO

2.1 Human Rights Instruments relating to
Trafficking in person
Human rights are protected by a number of international instruments. These international
instruments provide a tool to combat trafficking in person. Hence, this part seeks to
explain the key provisions of international human rights instruments that pertain to
trafficking in persons.
Similarly, this part is mean to bean overview highlighting the rights and obligations of
human rights instruments is relation to trafficking in person.
Still, the sub-section considers that International legal Instruments addressing ‘Rights’ & ‘Duties’
attributed to international human rights. The Crucial’’ point to be noted here would be identifying
the particular condition by which ‘’ Illegal Human Trafficking’’ & Int’l Human Right law
conventions’’ may be linked responding to this quarry. Some commentators tend to describe the
link between the two based on ‘’ cause & effect relationship ‘’
Saying that:
- Violations of Human Rights may be the consequence

Of the crime of Illegal Human Trafficking

OR that
- Illegal Human Trafficking may serve as Input for the Crime of Human Right
violations.

37
Illustrating the above Dual- phased aspects, the proponents of the theory reckons the prescription
of such rights as: Freedom of movement, protection from slavery, freedom and security of the
person within International Human right documents being considered as fundamental rights of
Human Beings. In fact, illegal human trafficking represents one of the crimes violating the
mentioned rights. Hence, when a person is subjected to slavery- the act constitutes both the
cause & effect of violating similar Human rights at the same time.
so, if we consider Human trafficking as both the cause of effect of Human right violations, it is
logical to argue that various International Human right documents governing the prevention of
the act will have relevance in fighting Illegal Human Trafficking’’ Accordingly, we will look
into the UN charter as principal source on the one hand and provisions of ‘human trafficking’ in
the contexts of the UDHR(Universal Declaration of Human Rights), ICCPR(International
Convention on Civil and Political Rights), ICESCR(International Convention on Economic
,Social Cultural Rights) & CAT (Convention Against Torture) on the other.

2.2 The UN Charter

The UN charter is the foundation of International Human rights law. Such vital entitlements us
fundamental Human rights, dignity & Honor of the Human being, equal rights and freedom of
men and women – all gotten recognition in the charter.
From this, we can assert that the crime of illegal human trafficking violates Human
dignity. Any act, including the crime of ‘Illegal Human Trafficking’’ which violates this
right is condemned by the charter. In the same token, the discriminatory practice over
women shows us that the human trafficking contravenes the right of equality of women
recognized in the charter. To sum up, we can take the UN charter as the fore most Int’l
Human right document dealing with the prevention of and Illegal Human Trafficking’’.

2.1.2 UDHR, ICCPR, ICESCR and CAT

2.1.2.1 Rights and Freedoms in International Human Rights
Instruments Applicable to Trafficking in persons
Trafficking in persons violates fundamental human Rights and freedoms that are
recognized and protected by international human rights instruments. These rights and
freedoms are;

38
 Article 1 of the Universal Declaration of Human Rights(UDHR) Provides that
”All human being are born free and equal in dignity and rights” Trafficking in
persons by its very nature deprives people of their freedom through the use of
various forms coercion and/or deception. Trafficking in persons further deprives
people of their dignity and rights.

 Article 1(1) of both international convention on civil and political rights (ICCPR)
and international convention on Economic, Social and cultural rights (ICESCR)
guarantees the right of all people to “Freely pursue their economic, social and
cultural development trafficking in persons interferes with the ability to pursue
one’s own economic, social and cultural development.

 UDHR and ICCPR guarantee the right to life with different reasons trafficking in
persons deprives people of their life hence every person has the right to such act.

 Torture is prohibited by specific provisions of the UDHR and the ICCPR as well
as by the convention on torture in any stage trafficking in persons exposes people
into torture and cruel punishment hence these instruments are guarantee for
prevention of trafficking in persons.

 Article 4 of the UDHR and article of the ICCPR guarantee the right to freedom
from slavery servitude and the slave trade. Trafficking in person holds people in
slavery, servitude and slavery like particles. Trafficking in person involves forced
and compulsory labor the human rights committee recognized trafficking in
women and children and forced prostitution as violation of article 8 of the
ICCPR.

 Article 3 of the UDHR, article 9 of the UDHR guarantees the right against
arbitrary arrest and detention. Trafficking in person may involve the deprivation
of liberty and security by traffickers additionally the human rights committee put
in opinion their that as prevention, rescue, rehabilitation, return and integration
processes do not arbitrary deprives victims of trafficking in persons that to treat
persons who have been deprived of then liberty including victims of trafficking.

39
  Article 11 of the ICCPR guarantees the rights not to be imprisoned for failure to
fulfill a contractual obligation hence trafficking in may expose or involve
empoisoning a person or depriving them of their liberty until they have paid off
legal or illegal debt.

 Article 15 of the UDHR guarantee the right of every person to a nationality status
may not arbitral deprived a person of his or her nationality nor deny a person the
right to change his or her nationality the lack of a nationality makes people more
vulnerable to trafficking this primitive action to prevent trafficking .

2.1.2.2 Obligations under the instruments

Basic rights of human person such as civil, political economic, social and cultural rights,
which are indicated under UDHR, is also included in broad manner to all covenants as
indicated in those instrument(under article 2 of UDHR, article 2(a) of the ICCPR and
Article 2(2) if ICECR) status parties are required to respect and ensure the rights
enunciated in both instruments with out discrimination based on race, colure, language,
sex or other status from this it can be understand that the instruments help to take in to
cognizant universal enjoyment and freedom from discrimination.
In addition, the equality of men and women are provided in the instruments to take in to
cognizant of such rights, the instruments requires states to ensure the equal right of men
and women to enjoyment of the rights set forth in each instrument . Hence, trafficking
may not be the cause or effects for violation of human right if states implement the
aforementioned obligation
In order to implement the obligation, the instruments impose duty on status to take all
legal measures among the measures taken by states, the instrument require status ensure
these rights through up isolative and other measures so as not to violate by trafficking and
impose an obligation on status parties enact laws so as to provide for victims an effective
remedy for violation

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 SUB PART THREE

3) Human Trafficking in relation to ILO,

CEDAW, CRC and the ICC Statute

3.1 ILO (International Labor Organization)

Human trafficking often occurs for the purpose of labor. It often takes place by means of
forced or compulsory labor or debt or bonded labor, in violation of human rights
instruments. It also involves child and migrant labor and often involves exploitative
conditions or hours of work in violation of international labor instruments.
The International Labor Organization (the ILO) is a United Nations specialized agency
that seeks to promote social justice and internationally recognized human and labor
rights. The ILO formulates international labor standards in the form of Conventions and
Recommendations that set minimum standards of basic labor rights. Conventions are
legally binding on the ILO Member States that ratify the convention.
At the time of publication there are 183 ILO Conventions and 194 recommendations
covering a number of issues and a variety of industries. Nevertheless, this chapter only
discusses the conventions and recommendations generally applicable to labor as it relates
to trafficking.

41
ILO abolish of forced labor Convention NO. 105 of 1957 requires States to suppress, not
make use of and secure the immediate and complete abolition of any form of forced or
compulsory labor as a means of political coercion or education or as a punishment for
holding or expressing political views or views ideologically opposed to the established
political, social or economic. These obligations have direct relation with human
trafficking. Practices of forced or compulsory labor for such purposes lead to migration
and hence in order to escape such exploitation increasing vulnerability to trafficking.
ILO’s Convention No 100 and recommendation No 90/195 define equal remuneration for
men and women workers for work of equal value as rates of remuneration and further
recommends that States take all necessary and appropriate measures . If not, Women who
lack opportunities are more vulnerable to trafficking.

As is indicated under Article 5 of ILO Convention No. 95, it prohibits a relative or any
other person from obtaining an advance on wages payable to the trafficked person
without consent. Moreover, ILO’s Convention No 95 art. 7 prohibit traffickers from
forcing trafficked persons to purchase goods or services from the trafficker. Further more,
Article 8 of ILO Convention No. 95 prohibits deductions to be made from wages except
under conditions prescribed by national laws or regulations or fixed by collective
agreement or arbitration award.

ILO minimum wage fixing convention NO. 131 OF 1970 and minimum wage fixing
recommendation NO. 135 OF 1970 provides persons who fail to apply minimum wages
liable to appropriate criminal or other sanctions. Hence, ILO Convention No. 131 under
its Art.2 provides that failure to pay trafficked persons or paying them less than minimum
wage is a criminal offense.
ILO Convention No. 181 and Recommendation 188 , in its articles provides Job brokers,
job agents or others who arrange work for trafficked persons and charge the trafficked
persons fees or costs violate ILO Convention No. 181.

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3.2 GENDER RELATED INSTRUMENTS

3.2.1 THE CONVENTION ON THE ELIMINATION OF ALL

FORMS OF DISCRIMINATION AGAINST WOMEN

The Convention on the Elimination of All Forms of Discrimination against Women (the
CEDAW) Convention is also another binding international legal instrument that helps for
prevention of trafficking in women. This instrument incorporates several provisions
relating to women rights. Nevertheless, this chapter is not aimed to overview the whole
provisions rather those related with trafficking in women. It is, therefore, provisions
dealing on such issues are the following;

 Article 2 of the CEDAW Convention provides appropriate means and without

delay a policy of eliminating discrimination against women and, to this end,
undertake. As per this provision, the elimination of discrimination under the
CEDAW Convention is not restricted to action by or on behalf of the State rather,
the state is required to ensure made by any person, organization or enterprise –
thereby extending state obligation into the private sphere of life.

 Article 3 of the CEDAW Convention requires States to take all appropriate

measures, including legislation, to ensure the full development and advancement
of women, for the purpose of guaranteeing them the exercise and enjoyment of
human rights and fundamental freedoms on a basis of equality with men. In the

43
 context of combating trafficking, such measures would include, for example,
public information campaigns on the risks of trafficking and other preventive
measures and extend to providing adequate support services for rehabilitation of
victims and survivors of trafficking, half way houses and other refuges.

 Article 6 of the CEDAW Convention requires States to take all appropriate

measures, including legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.

 Article 9 of the CEDAW Convention requires States to “grant women equal rights
with men to acquire, change or retain their nationality”. Lack of nationality or
citizenship is one of the main factors leading to vulnerability to trafficking.
Ensuring the rights of women with respect to themselves and their children will
help combat trafficking.

 Article 10 of the CEDAW Convention puts an obligation to “take all appropriate

measures to eliminate discrimination against women in order to ensure them equal
rights with men in the field of education. In the context of combating trafficking,
if women are not provided with educational opportunities or the effective right to
pursue educational opportunities they will be more vulnerable to trafficking.

 Article 11 of the CEDAW Convention requires States to “take all appropriate

measures to eliminate discrimination against women in the field of
employment ...” Article 11 also sets forth particular rights that States must ensure.
If women are not given equal opportunities and their rights ensured in the
legitimate employment sector they will be vulnerable to exploitation in the illegal
sector.

 Article 12 of the CEDAW Convention requires States to “take all appropriate

measures to eliminate discrimination against women in the field of health care ...”

44
 Article 12 also sets forth particular rights that States must ensure. In the context of
trafficking, trafficked women are often deprived of access to health care.

 Article 13 of the CEDAW Convention, Similar to the above, it prohibits

discrimination against women in other areas of economic and social life. If
women do not have equal access to financial resources they will be more
vulnerable to trafficking.

 Article 14 of the CEDAW Convention requires States to “take all appropriate

measures to eliminate discrimination against women in rural areas. Many women
become trafficked in the process of economic migration from rural to urban areas.
Hence, improving the livelihood of rural women will decrease their vulnerability
to trafficking.

 Article 15 provides equality of women with men before the law. In such case,
ensuring the equality of women before the law also reduces their vulnerability to
trafficking

 Article 16 of the CEDAW Convention deals on all appropriate measures to

eliminate discrimination against women in all matters relating to marriage and
family relations. In the context of combating trafficking, such measures will
reduce the vulnerability of women and children to trafficking in the form of
forced marriage and child marriage.

3.2 2 OTHER GENDER SPECIFIC

INSTRUMENTS

In addition to the Convention on the Elimination of All Forms of Discrimination against

Women, other international and regional instruments specific to the rights of women
contain provisions against trafficking in women, including:

45
• The Declaration on the Elimination of Violence against Women and
• The Beijing Declaration and Platform for Action

As it indicated at the beginning of this chapter we have tried to seen that international
instruments may be categories as binding or non-binding and formal or informal. Thus it
is important to not that, these two instruments, unlike CEDAW, have no legal binding
nature. Taking into account of such features of the instruments, their provisions dealing
on women trafficking are presented here under.

The Declaration affirms that violence against women violates the rights and fundamental
freedoms of women and impairs or nullifies their enjoyment of those rights and freedoms.
(Preamble). Article 4 of the Declaration provides that States should condemn violence
against women and Article 4 requires States to pursue by all appropriate means and
without delay a policy of eliminating violence against women.

The Beijing Declaration and Platform for Action considered Trafficking in women and
forced prostitution constitute violence against women under Platform for Action. The
Platform for Action calls for review and strengthening of the implementation of the
1949Convention for the Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of Others (the Platform of Action was adopted before the Trafficking
Protocol came into force) as well as other relevant instruments.

3.3 CHILD SPECIFIC AND OTHER RELATED

INSTRUMENTS

The 1989 Convention on the Rights of the Child (the CRC or the Convention) is a major
tool in Combating trafficking in children and related exploitation and abuse. CRC
contains articles relevant to trafficking in children. Among these, Article 35 of the CRC
most directly addresses trafficking in children: can read as follow:

46
 “States Parties shall take all appropriate national, bilateral and multilateral measures to
prevent the abduction of, the sale of or traffic in children for any purpose or in any form.”

Nevertheless, all articles of the CRC are interdependent and none should be considered in
isolation. Thus, the issue of trafficking is also addressed in a number of other articles
relating to specific circumstances. In addition, other CRC articles and their
implementation are closely related to that of article 35. The majority of these articles
focus on measures to be taken for the prevention of trafficking and related exploitation
and abuse against children. They include: articles 4, 7-11, 15-21, 28 and 31-40. These
articles in general can be seen as

 legislative, administrative and other measures for the implementation of the rights
under the CRC
 As to birth registration, adoption, education, child labor, family reunification and
others.

Among these provisions, Article 39 of the CRC addresses the special needs of victims. It
is therefore a very important article to consider when using the CRC to address the needs
of child victims of trafficking
In addition to the abovementioned international instruments, which incorporates different
provisions regarding to the issues, there are also other international instruments that helps
to combat child trafficking. These instruments are the following

 Optional protocol on any form of act slavery or acts similar to slavery like sale of
children and illegal trafficking, living in servitude, recruitments of child by force
for armed conflict including forced labor.
 The Optional Protocol to the CRC on the Sale of Children, Child Prostitution and
Child Pornography. This Optional Protocol is a protocol to the Convention on the
rights of the child and was adopted in May 2002, and came into force in January

47
 2002. One of the key factors that led to the adoption of the Optional Protocol was
concern for “the significant and increasing international traffic in children.

These two instruments have paramount significance in suppression of child

trafficking. Including the CRC relevant provisions of the instruments are the
following;

1. Article 6 of the CRC provides that “every child has the inherent right to life”.
Article 6 requires States to “ensure to the maximum extent possible the survival
and development of the child”. (Trafficking in children violates the right to life,
survival and development.)

2. Article 7 of the CRC guarantees the right of every child to be registered

immediately after birth and to have the right from birth to a name, the right to
acquire a nationality and, as far as possible, the right to know and be cared for by
his or her parents”. The lack of birth registration and nationality increases the
vulnerability of children to trafficking.

3. Article 12 requires State Parties to “assure to the child who is capable of forming
his or her own views the right to express those views freely in all matters
affecting the child, the views of the child being given due weight in accordance
with the age and maturity of the child”. States must allow a child who is a victim
of trafficking to freely express his or her views and have his or her views be given
due weight.

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 4. Article 28 of the CRC recognizes the right of the child to education. The lack of
education increases vulnerability to trafficking. Trafficking deprives children of
the right to education.

5. Article 31 of the CRC recognizes the right of the child to rest and leisure.
Trafficking in children violates the right to rest and leisure.

6. Article 32 recognizes “the right of the child to be protected from economic

exploitation and from performing any work that is likely to be hazardous or to
interfere with the child’s education, or to be harmful to the child’s health or
physical, mental, spiritual, moral or social development”. Trafficking in children
violates this right.
7. Article 37 of the CRC provides that “no child shall be subjected to torture or other
cruel, inhuman or degrading treatment or punishment”. Trafficking in children
violates this right.

3.4 Human Trafficking from the aspect ICC (Rome Statute of

the International Criminal Court)

The Rome Statute was adopted by UN Diplomatic Conference on the establishment of an

International Criminal Court on 1992. It entered into force 1 July 2002. As of 15 July
2002, it has 108 state parties, 139 signatories. Ethiopia is one of the countries which
have not yet signed the statute. The Rome Statute is also a Universal Treaty establishing
the International Criminal Court with Jurisdiction over the crime of genocide, crime
against humanity, war crimes and the crime of aggression.
The issue to be raised here is, whether there exists a relation ship between the statute and
illegal human trafficking. In fact, like in the case of other Instruments, the statute has no
direct bearing on illegal trafficking upon the Establishment of the court, the scope of the
statute rests on prosecution of person’s guilty of committing of the aforementioned
crimes.

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In the light of these, given the non-inclusion of human trafficking in the Statute, what
will be the relevance of the document to the issue under consideration may appear to be a
crucial question worth asking. In this regard, attention should be given to interpret the
idea of ‘’ Human trafficking ‘’ based on the wider concept of ‘’ crimes against
Humanity’’ Providing in the statute. Accordingly, a close look at the provision of the
‘’Crimes against Humanity’’ enshrined in the statute will lead us to realize that ‘’ the act
of subjecting someone to custody by use of force or confining others, even if secretly, in
condition of slavery or servitude’’ is part and parcel of crimes against humanity. Based
on this premise, interpreting ‘’ human trafficking’’ as a component of ‘’ Crimes against
Humanity’’ will give as no room to scrap the former act from the jurisdiction of the
criminal court consequently, one can safely argue that, the statute stands out to be one of
the many international instruments incorporating ‘’human trafficking’’ within global
frame work of human right law.

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SUB PART FOUR
4 Legal Frame Work on Human Trafficking
in Africa
For various reasons, Africa remains one of the continents most affected by human
trafficking. In view of these, a look at continental legal instruments designed to regulate
the crime is indispensable. Hence, the purpose of this sub-section is to assess the legal
setting laid down to fight and forestall this criminal act. In the preceding sections,
attempt has been made to examine the content and scope of International Instruments on
illegal human trafficking in various degrees. Accordingly, we have considered global
human trafficking from two perspectives i.e. - as dealt on a separate International human
right document and vis a’ vis other human right instruments.
In this regard, unlike Int’l Law, the in existence of a separate document governing illegal
human trafficking in Africa prevents us from providing a comprehensive and detailed
assessment on the Illegal status of the crime in the region. Yet, notwithstanding the
absence of a separate regional human trafficking document, this section aims at showing
the place of Illegal Human Trafficking in Africa within other continental Human Right
Instruments.

4.1 The African Charter on Human and Peoples’ Rights

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The charter was adopted in 1979 and all members of states of the Africa continent are
parties to this charter. This regional human rights treaty deal with gender in its preamble
and in Articles 2,3 and 18(3). Article 18(3) addresses specifically the rights of women by
making it a duty on states to “eliminate all forms of discrimination against women and
ensure adequate protection of women and children’s rights as they are stipulated in
international conventions and declarations’’. Hence, the charter can be taken as an
instrument for prevention of human trafficking.

4.2 The protocol of the Africa Charter on Human and people’s

Rights on the Right of Women in Africa.
This protocol was adopted in 2003 and out of 53 of member states of the continent, 26 are
parties and 45 are signatories to the protocol as of January 2009. This protocol on its
article 4(2) (9), impose a duty to states parties to take appropriate and effective measures
to “prevent and condemn trafficking in women, prosecute the perpetrators of such
trafficking and protect women.

4.3 The African Charter on the Rights and Welfare of the

Child
This charter was adopted in 1990 and entered into force in 1999. Among the 53 member
states of the continent, the charter has 44 state parties and 40 signatories as of 2008.
Ethiopia becomes a party to it in 2002. This charter, on its article 29, imposes on state
parties to take all appropriate measures to prevent the abduction of, the sale of or traffic
in children for any purpose or in any form by any person including parents and legal
guardian of the child.

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SUB PART FIVE

5. The Legal framework of Human Trafficking in

Ethiopia
5.1 General
In the preceding sections, attempt has been made to look into regional
(continental) & international instruments dealing with ‘’ Human trafficking’’ based on
the discussion, one can learn that, from the perspective of International documents,
‘Human trafficking’’ ‘’ has been dealt independently by some Instruments while still
others devote provisions for ‘’ Human trafficking’’ without considering it solely. On the
other hand, as presented in the section analyzing the status of ‘’ Human trafficking’’ in
the African continent, it is realized that there is no separate continent document solely
regulating ‘’ Human trafficking’’’’ in Africa. Nonetheless, it was also found out that, ‘’
Human trafficking’’’’ is accorded with notable importance in the AU charter and other
AU/OAU Instruments.
That said, the purpose of this sub-section is to asses the status of laws on ‘’ Human
trafficking’’’’ under Ethiopian legal system, Taking in to account the hierarchical stage
of the laws of the land. In this connection, it is indispensable to rote that, like in the case

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of Africa, a separate document solely dealing with ‘’ Human trafficking’’ is non-existent
in Ethiopia. However, this assertion will in no circumstances justify to claim that the
country is devoid of all sorts of ‘’ Human trafficking’’ laws designed to forestall or
prevent ‘’ Human trafficking’’’. Despite the absence of special legislation treating the
matter, there exists a catalogue of national laws subsuming the same within their
provision. Here under is a presentation of these legislations.

5.2 Human trafficking’’ vis-a-vis the Constitution

The Ethiopian constitution is a document representing the expression of sovereignty of
the countries Nations, Nationality & peoples. As a supreme legal document, it
incorporated numerous provisions dealing with a variety of socio-economic & legal
matters. Further more, the constitutions’ place as superior law of the land gave way to the
derivation of legitimacy by other national laws from this very document. In view of this,
it sounds reasonable to commence our discussion the issue at hand from the constitution.
The 1994, FDRE constitution installed a legal frame work capable of protecting citizens
from ‘’ Human trafficking’’. First of all, the constitution, under article 9 (4) states that ‘’
International agreements reified by Ethiopia Makes an In Integral part of the law of the
land.’’ From this express constitutional provision, it is easy to conclude that, ratified
International Agreements Enumerated under part 1 & 2 of this document are enforceable
with full legal force any where in the country (Ethiopia) and that hierarchically they are
deemed to be at par with other domestic enactments. Besides this, the constitution
stipulates that, International Human rights Instruments & Conventions will be used as
guiding principles to interpret Human Right clauses of the constitution. In this regard,
article 13 (2) of the constitution reads.
‘’ The basic rights & freedoms confined in this chapter
Shall be Interpreted is consistence with Int’l Human
Right provisions, Int’l Human Right conventions &
Documents Adopted by Ethiopia.
Ethiopia is a party of most of the major international convention thus, except for:
- The optional Protocol to ‘’the convention on Elimination of all forms of
discrimination against women’’

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 - Optional protocol to ‘’ the convention for the prevention of child trafficking
prostitution & the spread of pornographic materials’’ and

- The protocol on the prevention of prosecution in legal Human trafficking in

particular on women 8 children’’ – Addition to the ‘’ convention on the prevention of
organized crimes of Trans boundary nature’’

The country is a signatory party to all international instruments. Not to mention, in the
conventions in which she is a party, Ethiopian bears a legal obligation to enforce the provisions
prescribed there in. Yet, in such international documents as UDHR – while the country is not
signatory party to it and that the instrument merely represents a declaration fall short of legally
binding effect- its current status as element of customary international law qualifies it to be
enforceable on Ethiopia. If not this, the importation of all of the documents Human Right clauses
into ICCPR & ICESCR – which intern are ratified by Ethiopia – presupposes UDHR’s
enforceability over the country.
Secondly, apart from the general considerations outlined above, the FDRE constitution stipulates
detailed provisions geared towards the regulation of human trafficking and protection of people
from the adverse impacts of the crime .In this respect, article 1813) of the constitution provides
for the phrase’’…… for whatever purpose….’’ in prescribing the prohibition of in legal
trafficking on human beings without any reference to discrimination on the grounds of sex, race
etc. On top of these, besides a general prohibition on Human trafficking’’ stated under art 18, sub
(2) of the same article clearly provides that‘’ No one shall be held in slavery or servitude.
Trafficking inhuman beings for whatever purpose is prohibited . Cognizant of the severity
of the damage from ‘Human trafficking’’’ on women & children, the constitution contained a
specific clauses meant to prefect these segment of the society from the adverse impacts of this
criminal Act. In this context, art. 35(4) out proscribes the application of all articles of laws,
traditions & cultures resulting in the infection of physical or mental Injury on women in addition
to imposing obligation to eradicate back word & Harmful traditional practices and realizing the
enforcement of yeomen’s rights.

From this, it is safe to conclude that, the inclusion of the said detailed clauses in the document is a
tangible prove to show that the constitution plays a pivotal role to prevent human trafficking.
With regard to minors, art. 36(1) of the FDRE Constitution clearly provides that “Every child
has the right; to life acquire name and nationality, and other human rights.

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Further more, apart from detailing the reasons for and consequences of human
trafficking, the constitution, and goes as far as, outlying the specific implementing
mechanisms of the preventive legal tools. In particular, this supreme legal document
emphasizes on the specific mandates on states organs to enforce the mentioned articles
both at the federal and regional levels.

As explained above, despite their generality, the constitutional clauses on human

trafficking have a paramount importance to combat the crime. Yet the somewhat general
guidelines of the constitution as to the subject matter in question can be justified by, the
obvious constitutional norms which provide that a constitution is supreme document to
stipulate general principles on legal matters. Therefore, the need to enact legislations
charting out detailed rules of implementation on constitutional clauses appears be a
matter falls short of controversies. In this context of human trafficking, we have had a
host of lower legislations enacted as per constitutional guidelines. These detailed Statutes
are presented as follows.
Detailed legislations, with direct or indirect bearing, on human trafficking at the national
level include patches of provisions on Family Code and labor proclamation which reflect
the legal regimes on women and minors enshrined on international documents.
In his section, the principal focus will be to examine the treatment of human trafficking
on the 2004 criminal code of Ethiopia (as amended) and the 104/2006 Establishment
Proclamation of the Agency for Employee-Employer liaison.

5.3 The Criminal Code of Ethiopia

As far as human trafficking is concerned, the notable national legal document to be cited is the
2004 Federal Criminal Code. Here, we can observe that, the criminal code has embodied
numerous provisions dealing with the crime of human trafficking. In this regard, we see that
provisions on human trafficking being clustered among them articles 580-600 which are provided
under section of the code dealing with “crimes committed against personal liberty”.

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For instance, article 597 of the code deems trafficking on women and children to be a criminal
act. Despite the confinement of its scope to children and women trafficking, this provision has a
pretty clear resemblance with the international instruments as far as the nature and the ingredients
of the crime are concerned. This can be gathered from the content of the article which stated that;
Whoever by violence, threat, deceit, fraud, kidnapping
or by the giving of money or other advantage to the
Person having control over a woman or child, recruits,
Receives, hides, transports, exports or imports a woman
or a minor for the purpose of forced labor,
is punishable with rigorous imprisonment from
Five years to twenty years, and fine not exceeding fifty thousand Birr.
As per the above provision, the following three cumulative requirements shall surface for
the qualification of the act as a crime
1. The act that the persons victimized by the act represent women or minor children

2. The recruitment, custody, concealment or relocation, smuggling from the country

or inside it; of the victim by means of coercion, threat, malice, fraud or abduction
or payment of money or extension of benefit for anyone responsible for the
women or child victimized by the crime.

3. The above mentioned acts are committed for the sake of deploying the victim on
forced labor.

At this juncture, it is important to note the distinction between the constitution and the
2004 Federal Criminal Code in the treatment of illegal human trafficking. Accordingly,
while the constitution widens the extent of prohibition on illegal human trafficking by
providing the phrase “for any purpose whatsoever” and without any discrimination on
the ground of gender, social origin and religion, the one stipulated in the 2004 criminal
code is much restrictive in its application. According to article 636 of the 1997 criminal
code, punishment imposed on those benefiting from engaging women & minor children into
prostitution and those responsible for smuggling the same will be aggravated, especially if the

57
act is committed by descendants. please discuss the rational behind the non-Applicability of the
article on Ascendants

Hence, unlike the constitution, the code consider human trafficking to be illegal if the
intention is for the purpose of forced labor and that the victim is a female (not male)
person who has not reached majority. Given this fact, it appears reasonable to ask
whether or not similar other offence committed against persons who has not reached
majority is punishable by the code.
To get a satisfactory answer for such kind of question, a close examination of the
provisions of the code dealing with related matters is worthwhile. One among these may
be art 596 (1). Article 596 (1) of the criminal code clearly stipulates that, the custody or
retention of a Human being is a condition of slavery, even if in disguised form is
punishable. To this end the article reads:

Whoever:
a) Forcibly enslaves another, sells,. alienates,
Pledges or buys him, or trades or traffics in or
Exploits him in any manner; or
b) keeps or maintains another in a condition of
Slavery, even in a disguised form,
Is punishable with rigorous imprisonment from
Five years to twenty years, and fine not exceeding
Fifty thousand Birr.
It is to be noted that, the purpose or motive of the actor I pursuance of the aforesaid
actions are not taken into account for making them a crime, Moreover, the person
committing this crime will be subject to a penalty of 5-20 years imprisonment and a fine
of 50,000 (fifty thousand) Ethiopian Birr.
This penalty will be applicable also for anyone who participated in the commission of the
crime or those who have extended assistance in the process though this article deems the
commission of similar acts on anyone a crime. It envisages only the situation whereby
the act is carried out through the use of coercion.

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On the other hand, article 580 through 589 focuses on detailed description of criminal
acts committed against “privacy of Individuals” in various ways. These include:-

 Threat:

Which comprises threatening anyone with a warning to cause huge

assault or Defaming of his good will to cause him/her engage in
concession to do something without his consent or pressure him to
enter into a commitment for fear of facing a law suit pertaining to his
honor (580 & 81)?

 Coercion:

Coercion constitutes the compulsion of anyone to do something

without his consent (582).

 Denial of Decision Making Power:

Depriving a person of his thinking ability & rational decision making

power by hypnotizing him with such thing as Alcohol or any other
means (583)

 Illegal custody

Illegal custody constitutes custody or detention of anyone by another

in a manner contrary to law (585).

 Black making a person, Abduction of Women or a minor child.

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  Whosoever kidnaps another, or uses such facts as threat, force, malice,
fraud in pursuance of this act or involves in similar acts in order to get the
consent (586, 580)

Nonetheless, the code emphasis that the crimes enumerated under 580-589 will carry
aggravated penalty of the offenders perpetrated the acts neither the intention to get undue
advantage, or to benefit others, or of undertaking adultery or promiscuity or in pursuit of
an act contrary to sexual charity or handing over the victim for others for the commission
of the same or the abuse by the injured party. This is to mean that, a more severe penalty
will be imposed on the perpetrator of the crime. If he/she subjected anyone to threat,
coercion, abduction or denial of decision making power using force, fraud, intimidation
or malice for the purpose of trafficking on the victim & or abusing the latter.
From all these, we can understand that, the criminal code qualified any act of similar to
illegal human trafficking to be a crime and punishable. Besides this, article 598 states:-

Sub (1) “Whosoever, without having obtained a license or by any

other unlawful means, sends an Ethiopian woman for work abroad,
is punishable with rigorous imprisonment from five years to ten years, and fine not
exceeding twenty-five thousand Birr.
Nevertheless, Where the Ethiopian woman sent abroad, owing to the
act mentioned above, suffers an injury to her human
rights, or to her life, body or psychological make-up, the
. sender shall be punishable with rigorous imprisonment
from five years to twenty years, and fine not exceeding fifty thousand Birr.

The code further prescribes a punishment of legal persons as follows; Where the injury to
liberty, whether by intimidation, trickery, coercion, abduction, illegal restraint,
enslavement, traffic or exploitation in one of the above forms stated in this Chapter, is the
work of an association or band formed to 'engage in, or engaging in, the slave trade, no
matter in what form, such band or association shall be punishable with a fine not
exceeding one hundred thousand Birr and its dissolution shall be ordered. This penalty is

60
without prejudice to the punishment applicable to the criminal or criminals on the count
of their personal criminal guilt. (i.e. In another context, when the crimes mentioned above
are happened to be committed by an institution having independent legal personality,
apart from the criminal viability of the individuals responsible for the Act, the juristic
person will face liquidation in addition to a viability for a fine not exceeding 50,000.-
ETB (599)).
In this regard, the code prescribes a penalty of up to 50,000.- Birr fine the relevant
government official fall short of preventing Illegal Human Trafficking due to his/her
restraint for taking appropriate measure required by his Administrative organ. While the
offence thus committed by the official is caused by negligence, art 600 provides that the
penalty will be reduced to a fine up to 10,000. - Birr.
Still, related crimes of Human Trafficking can be found in art 634 and following
provisions dealt under the section of the code entitled, Whoever, for gain, makes a
profession of or lives by procuring or on the prostitutions or immorality of another, or
maintains, as a landlord or keeper, a brothel, is punishable with simple imprisonment and
fine.
Article 634 penalizes the act of benefiting oneself at the expense of others sexual abuse
by supplying the victim, sexual brokerage or allowing the use of his room/house for Acts
of prostitution with a simple imprisonment and fine.
Article 635 also prescribes as Whoever, for gain, or to gratify the passions of another:
traffics in women or minors, whether by seducing them, by enticing them, or by
procuring them or otherwise inducing them to engage in prostitution, even with their
consent is punishable with rigorous imprisonment not exceeding five years, and fine not
exceeding ten thousand Birr, subject to the application of more severe provisions,
especially where there is concurrent illegal restraint.
On the other hand 636 provides for aggravating circumstances, the aggravating
circumstances will be applicable on these individuals engaged in the supply of people for
prostitution smuggling for the same purpose professionally and these are ;

 the victim

• is a minor; or
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 • the victim is the wife or a descendant of the criminal, his adopted child or the
child of his spouse, his brother or his sister, or his ward, or where the victim has
been entrusted, on any ground whatsoever, to his custody or care; or

 the criminal has taken

• unfair advantage of the material or

• mental distress of his victim, or
• of his position as protector, employer, teacher, landlord
or creditor, or’ of any other like situation; or

• the criminal has made use of trickery, fraud, violence, intimidation, coercion, or
where he has misused his authority over the victim; or

 the victim

• intended for a professional procurer, ,

or
• has been taken abroad or

• where the victim's

Whereabouts or place of abode cannot be established; or

 the victim has been driven

• to suicide by shame

• distress or

• Despair.

The law provides that any one who commits the aforementioned act is punishable with 3-
10 years of rigorous imprisonment and fine with not less than ten thousands birr. On the
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other hand, article 673 provides any act of attempting of bringing minors and women for
the purposes of prostitution considered as a crime and further article 638 provides the
liability of legal person when found committing the above mentioned crimes.

5.4 Human Trafficking in Relation Proclamation No. 104/1998

Being a legislation pertaining to a Liaison Agency for private Employers and Employees,
it represents one of the legal instruments in the Ethiopian Legal arrangement geared
towards criminalizing Illegal Human Trafficking.
Pursuant to art 18 of this proclamation, unless the 2004 criminal code prescribes for
liability, whosoever, without getting license, according to the procedure of the
proclamation.
A) ....” Involved in securing creating Employment

Opportunity for workers in Ethiopia….

B) ….” Send an Ethiopian National overseas for employment will be
criminally liable. In line with this, the proclamation prescribes
those persons who commits an act under ‘A’ is punishable with 3-
5 years of rigorous imprisonment and with fine ten thousands birr
and whosoever commits an act under “B” is punishable with 5-10
years rigorous imprisonment and fine with twenty-five birr.

One of the discrepancy between the criminal law and the proclamation is that, while the
criminal law is applicable to any act of sending to oversee, the scope of application of the
proclamation is only in case where sending is made by unlicensed organizations.

The other discrepancy in Implementation stems from the cover employed by the licensed
& unlicensed traffickers in the pursuit of the same criminal Act. Article 13 (2) is
concerned with the criminal Act to be committed by the licensed person. pursuant to this
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article, if a person having lawful license (i.e. the agency linking private Employees &
Employee or its Agent) is found being involved in receipt of a payment, in cash or in
kind, from the employee, in addition to announcement of his license, he will be liable to
an Imprisonment of up to two years or a fine up to 10,000 ETB, as per article 18 (2) . On
the contrary, act of receiving money was committed by a person not having lawful
license, his liability will be determined by art 598 of the criminal code & 18 (1) of the
proclamation.

SUMMARY

In this section, we have discussed the following points exhaustively

 The Historical development of Int’l agreements on illegal

human trafficking since 1904.

 The Objective & scope of the 2002 protocol and its

limitations.

 Provisions of illegal Human trafficking contained in various

Int’l documents

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  Bilateral & Multilateral Agreements concluded between
African States.

 Detailed provisions of human trafficking under Ethiopian law.

DISCUSSION POINTS

1. In what respect does the ICC relate with illegal human trafficking?

2. From the Ethiopian perspective, what options are there for effective implementation
of Human right Instruments of in order to prevent illegal trafficking?

3. The 1997 criminal code states that, illegal trafficking for the purpose of prostitution
& forced labor is punishable only if the victim is Female, Does this stipulation is
meant to exclude the scope of Application of the code from’’ Males who reached
Majority? How do you see it? Also in relation to the constitution?

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4. According to Article 636 of the 1997 criminal code, the punishment imposed on
those benefiting from engaging women and minor children into prostitution and
those responsible for smuggling the same will be aggravated, especially if the act is
committed by descendents.

What do you think is the rational behind the non-applicability of the article on
ascendants?

PART THREE
Strategies and Techniques of Controlling
TIP
Introduction
In part one of the training material, an attempt have been made to present the
definition, problems, causes and challenges of trafficking in persons. The first task to
control the crime of TIP is making it illegal. TIP has been made illegal in international
treaties ratified by Ethiopia and domestic laws. Even though, making TIP illegal is basic
and important step, it is not an end by itself. The purpose of enacting a law is to control

66
the crime form being committed and if a crime is committed violating the rule set forth,
the purpose will be bringing the alleged criminals before the court. But the purpose of the
law is said to be met, if we can make sure that crime is not committed from the
beginning.

This part of the training material is aimed at explaining what should be done to
ensure the trafficking in person from being committed. It will not be appropriate to say
we can absolutely control human trafficking from being committed. On the other hand, as
bringing the alleged offenders before the court is one of the measures required to combat
TIP, we will be dealing about investigative techniques, framing charges and processes of
hearing. An attempt shall be made to ensure protection of human rights &provide proper
handling of victims while we bring the alleged offenders before the appropriate court. It
will also deal with proper administration of information which will be used by different
stakeholders to control trafficking.

3.1. International cooperation and the need for

Coordinated Effort among Stakeholders

International cooperation is required to control the crime of human trafficking. The

cooperation among source, transit and destination countries will significantly contribute
to the efforts employed to control human trafficking as this crime has transnational
nature.

To establish effective cooperation among countries, signing as well as ratifying

international conventions and protocols is also necessary.

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 There fore, international cooperation should emphasis on:-
- Amending those laws which make international migration difficult.
- Creating coordinated system to control human trafficking, particularly making
joint investigation and adopting similar judicial proceedings.
- Efficient and timely response to the questions of extradition.
- Discouraging the traffickers by imposing tough sentences.
- Confiscating the property of the traffickers as these properties are the fruits of the
crime.
- Signing, ratifying and implementing international treaties concerning minimum
working conditions, employer – employee relationships, return of migrants to
their home countries.

In addition to the international cooperation, national cooperation among different

justice organs also plays a key role in controlling human trafficking. It is not possible to
control human trafficking with out having cooperation among different stake holders. The
experience of other countries also shows the same.

Philippines is a victim of human trafficking. A national joint team has been set up to
control the crime. The members of the national joint team among others includes Minister
of Justice as a chairperson, social affairs minister as vice chairperson, minister of foreign
affairs, minister of labor, office of Immigration, police commission, national committee
for women affairs, 3 representatives from civil society organizations.
The main tasks carried out by the national joint team are:-

• Preparation of laws on TIP

• Preparing guidelines for proper functioning of the national joint team
• Organizing various units that work for controlling TIP and preparing
guidelines.
- Preparing manuals for investigators and public prosecutors which will enable
them effectively handle their duties.

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 - Institutionalizing the consultation and collaboration forums that are carried out
with civil society organization.
- Collecting, organizing and disseminating information’s on trafficking in persons.
- Preparing training materials and modules on trafficking in persons.
- Provide training for police officers, public prosecutors, security personnel,
immigration officers, etc
- Publish and disseminate laws, regulations and other articles on TIP
- In Philippines a six year national strategy on controlling trafficking in persons has
been prepared by the national joint tem and is being implemented.
- 6 years national strategic action plan is aimed at fighting and controlling human
trafficking.

- Women and children divisions are set in the police structure to take care of the
problems of trafficking towards women and children.
- The police institution in Philippines works towards rescuing victims of human
trafficking and bringing alleged traffickers before the appropriate justice organ.

A guideline has been prepared for public prosecutors what will help them to
effectively frame charges and present it before the court. Accordingly, a department
responsible for handling only TIP cases has been set down in the prosecution office. A
procedure which allows priority for human trafficking case is also established.

Therefore, a lesson as to how to prevent and control human trafficking, the role of
the stake holders in controlling the crime can be learned from the experience of
Philippines. Moreover, identifying the goal and preparing detailed actions plan to control
human trafficking are also other lessons learned form the Philippines experience.

3.2. Controlling Techniques and Strategies

3.2.1. Prevention Techniques and Strategies

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 An attempt has been made to explain the general procedures to control
human trafficking.

Studies show that several techniques can be employed to control human trafficking
before the end result is achieved. This training material will be focusing on the principal
measures that could be taken to control human trafficking.

Setting general TIP strategy is the first step to be taken to effectively control and
prevent human trafficking.

This general strategy includes preparing a policy and strategy to control human
trafficking. More over preparing laws, rules & regulations is also accordingly required to
implement the policy and strategy already set.

While doing this emphasis needs to be given to strengthen international cooperation

and filling gaps that exist in creating effective international cooperation.

Without having complete legal frame work, the issue of preventing human trafficking
can’t be achieved. More over, national system needs to be established to effectively
implement the international agreements. The legal frame work and the gaps in the
domestic laws have been dealt in part two of the training material.

In addition to filling gaps that exist in international agreements and laws, the general
preventive measures should include the following techniques

1. Working towards brining paradigm shift that will help to effectively fight human
trafficking by creating awareness, providing training and education about the
meanings, problems, prevention methods and techniques of human trafficking.
2. Minimizing vulnerability
3. Strengthen administrative units that are set forth to perform licensing, supervising
and border controlling purposes.

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 4. Effectively controlling corruption and organized crimes as they are strong
contributors to the expansion of the crime.
5. Bringing the alleged criminals before the court and effectively penalizing when
they are found guilty and also discouraging the criminals by confiscating the fruits
of the offense.
6. Collecting information, disseminating and transmitting any information that is the
out come of the researches conducted on human trafficking.

An attempt will be made to explain the details of each technique listed above.

A. Awareness and Education

One of the basic solutions considered to be vital in controlling human trafficking is
bringing paradigm shift about the causes of the problem.

If the awareness of the community with regard to the danger and harmfulness of the
crime is raised, we can say a strong base is built to prevent the crime. From this aspect, it
will be easy to control human trafficking if the community at large is aware of the danger
of the crime and has basic knowledge as to how to prevent it.

Though, it is obvious that by brining attitudinal change, human trafficking can be

controlled, attitudinal change can’t be brought in a night. There fore, long term efforts are
required to achieve the objective.

The human rights of women and children should be protected. Awareness should be
raised about the rights of women & children.

Attitudinal change is required as the gender equality. Empowering women and

working to change the negative attitude towards them will make it easy for women to
involve in different jobs.

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 The following should be taken place to do so:-
- documentation of the story of victims
- providing the above information to the potential victims and traffickers
- Providing information to different institutions to enable them fight human
trafficking.
- By creating positive understanding and attitude towards women, human
trafficking can be significantly minimized.
- Providing sufficient information to those who legally travel abroad will help them
to get prepared for the possible challenges they will be facing.

Identifying the victims, raising their awareness on TIP and creating a system where
by they will be provided with the required information is a very important task to be
carried out.

Using different forums at the grass root level such as woreda and kebele
administrations to expand awareness creation on trafficking in persons is required.

Government, woreda, keble and other voluntary groups may contribute to the effect
of creating awareness.

More over, making TIP part of a curriculum in universities, colleges and training
centers has also par amount importance.
Moreover, using various training methods like street children can be used for raising
public awareness.

Providing training for the media on how to provide awareness raising educations to
the public is also equally important. The media is not only supposed to propagate success
stories of few people on foreign soil but also should tell the people based on examples
and true stories of those who ended up in worst situations.

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 One of the factors contributing citizens to become victims is mischief’s (undercover)
used by the traffickers and providing sufficient information to the potential victims helps
to control the crime.

Using different forums like religious gathering, social gathering, etc for awareness
raising is also required.

Story telling by the victims them selves and using an entertainment as a tool for
teaching is considered to be effective.

Attitudinal change includes change in some wrong perceptions like sex with a virgin
will cure HIV/AIDS; sex with a child decreases the likelihood of contracting HIV/AIDS
or other sexually transmitted diseases

One of the challenges of the victims in reunifying themselves with their original
society is stigma and segregation. To change the stigma against the victims, intensive
effort in bringing attitudinal change should be made. By providing psychological and
other logistic supports to the victims, an effort has to be made to reunite victims with
their community.

This helps to prevent the victims from being a victim of re trafficking and others from
getting trapped because they don’t have information.

Beyond creating awareness, equipping law enforcement agencies, immigration

workers and other concerned parties with investigation and prosecution skills is required.

Some of the points that should be included in this training may be

• Controlling TIP investigation and prosecution, rescuing the victims, providing

safety and shelter to the victims.

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 • Providing incentives to the victims who report to the law enforcement agencies
and establishing a system to this effect.
• Human rights, women and child rights.
• Cooperation with other non-governmental organizations.

B. Reducing Vulnerability
Reducing vulnerability means avoiding or reducing the causes contributing to human
trafficking. From this angle, the causes of vulnerability may be social and economic
factors such as poverty, unemployment, economic dependence and the like.

Reducing vulnerability requires preparing a long term poverty reduction strategy.

One of the techniques of reducing vulnerability is providing job opportunity for the
victims as well as the traffickers

From this perspective,

• expanding education opportunities
• short term vocational trainings
• providing general program to overt gender violence
• Creating coordination between source, transit and destination
countries to work for protection of human rights are required.

Prohibiting people in search of employment from traveling across the borders will
not help human trafficking from being committed. Therefore, encouraging legal
movements by avoiding obstacles and laws prohibiting free legal movement is instead
important.

Enforcing employment agencies to submit reports about the type of job the employees
are working abroad and the protection of their rights is also one of the methods of
reducing vulnerability.

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 Violation of human and democratic rights is one of the causes of expansion of human
trafficking. If has been explained in part one of the paper that violation of human and
democratic rights forces citizens to become victims. Protection of human and democratic
rights of citizens can be maintained by raising the skill and knowledge of law
enforcement agencies and other organs towards the principles of the rights.

The other reason contributing to the expansion of human trafficking is unplanned

resettlement.
While implementing resettlement, the possible negative impacts it may cause on citizens
should be carefully observed.
By doing so, vulnerability can be reduced.

C. Administrative controls
Administrative control includes issuing regulations to control domestic trafficking,
controlling and supervising international employment agencies and the like.

Domestic controls may include

1. Licensing and supervising those who are working on human movement, brining
before justice those who are working with out license.
2. Establishing quality and careful licensing procedure
3. Establishing travel documents screening mechanism in source and destination
countries and enhancing coordination towards achieving the objective.
4. Monitor vulnerable sectors such as construction, cottage industry, bars/hotels,
tourist agencies etc.
5. Monitor the legality of employment relations, implementing the labor laws like
prohibiting unlawful salary reduction, under payments, etc.
6. control & supervise the equality of payment between women and men for works
of equal value

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 7. intercepting the crime before the objective of trafficking is achieved
8. Providing safety and care for the rescued victims so that they will not be re
trafficked.

The pre border follow up helps to control people trying to travel with false or forged
travel documents and it helps to create a coordinated relation with the country where
people are traveling.
- The border control on the other hand helps to intercept the crime from achieving
its objective.
- Several measures should be taken to effectively intercept the crime from being
carried out. These among others include:-
 Building the capacity of border police, immigration and tax personnel so
as to enable them control the crime.
 Listing down and organizing personal profiles of traffickers as well as
suspects
 Carefully looking at children traveling with out their parents and looking
into the relations between the child and the man with whom the child is
traveling
 Establishing coordination between justice organs of neighboring countries.

Therefore, to achieve the above objectives, coordination and systematic information

exchange is inevitable.

D. Fighting Corruption and Organized

Crimes
Corrupting people who are in charge of TIP is one of the reasons why the crime of human
trafficking is committed

Trafficking in persons is mainly committed for huge profit and it also involves
several people in various countries who are systematically networked. Organized crimes

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& corruption are therefore the bridges for human trafficking and we need to find them so
that we will be able to control trafficking in persons indirectly.

From this aspect,

• Take visible actions against corruption and respond with
investigation and prosecution when the crime is committed
• Maintain code of conduct in public administration
• Provide incentives for public officials who report
corruption
• Maintain independence of judiciary
• Include the issue of trafficking in persons in the anti
organized crimes and anti corruption control action plans.
• Fighting terrorism is also another technique of indirectly
fighting human trafficking

E) Disposing criminal cases effectively

It is clear that investigating and prosecuting crimes is one technique of prevention
method. Effective legal proceeding means settling the cases efficiently and providing
proportional and fair sentences on those who are found guilty of committing the crime.
This will have a deterrent effect. Therefore, strong effort is required to punish the
offenders with proportional sentences.

Investigation of TIP cases can be carried out in one of the following techniques
 Investigation that is carried out after the commitment of the crime (reactive – led
investigation)
 Reactive – victim – led investigation is an investigation that is carried out with the
initiation of the victim or any other person.
 The other technique of investigation is proactive investigation.
 Proactive investigation is an investigation carried out by the investigation police
with out waiting for a complaint to come. It is carried out based on the
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 information the police has at hand. It is an investigation technique which may
involve undercover deployment, surveillance, intelligence information gathering,
etc.

The investigators may begin their investigation in any of the above techniques. But
there are basic principles which should be followed by the investigators

The principles may include:-

1. Trafficking in person is committed while people are traveling. It is not easy to
identify the specific place where the crime is committed. Therefore, the place
where the victim is found is considered to be the place of the crime scene. It is
provided that the investigating and collecting the evidences should be started from
that place. Collecting the evidence should be continued in roots where the victim
has traveled.
2. The investigator should provide protection and care for the victims
- Confidentiality of victims identity
- Protection and care for victims from getting re trafficked.
- Confidentially handling information about the victims so as make sure they are
not stigmatized by the public

3. Special protection and care for children as they are vulnerable sectors of the
society.
4. Carefully planning before starting investigation. Priority should be given to
identifying type of information or evidence required from the victims and
witnesses.

The following should be followed in searching in to the house of suspects. The search
team should encompass,
 Interpreter
 Camera man
 Special search experts team
 Forensic experts team
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 Special technical experts like computer specialists etc.

5. The team assigned to take care of the suspects should be organized in two sub
groups. The first group will be responsible to separate the victims from the
suspects and the second group will be responsible to take control over the
suspected criminals.
6. Video recording and photographing. The place of the crime, human rights
violation on victims and any injuries incurred by the victims are vital evidences to
be presented in courts.
7. When victims are found, help them to collect their personal belongingness. Even
though victims may be responsible for holding false traveling documents, they are
primarily victims who need to have protection and care. They may be also very
important witnesses.
8. Provide the victims with immediate medical service. Recording health status of
the victims by providing them with a medical checkup (intact with their consent)
is very important specially if they are victims of sexual violence.
9. Separating victims who are under the age of 18 from those are above the age of 18
10. As far as possible, gathering information in alternative methods than using child
victims as witnesses.
11. Collecting and recording all types of evidences found during search.

These evidences may be

 Letters, keys, notice papers, appointment diaries

 Cash, checks, credit cards, any financial transfer documents, house rent
contracts
 Documents showing any payment by the victim to traffickers
 ID cards, travel documents and tickets
 Contract of employment, any forms prepared to study languages
 Any documents showing prostitution or evidences like condoms, price
lists, etc.

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  Any communication facilities like mobile phone, personal diary,
organizers, web addresses, etc.
 Any valuables believed to be bought in more than the regular income of
the suspects
 All the above evidences may be important to prosecute the traffickers and
should be collected

12. All living places may be searched, recruitment places, safe houses, homes of
suspects, etc.

Before searching these places, the environment and the houses should be recorded in
video and used with other evidences in a court. Any automobiles could also be subject to
search.

13. If child victim is found, the first task should be reuniting him with his parents. But
as parents may be involved in the crime, the interest of the victim should be
carefully considered.
14. Coordination between regional and federal organs with neighboring countries
should be encouraged and other means’s of collecting evidences should be
employed.
- Some times, the evidences collected during search may not be sufficient to
constitute TIP but still may be important to prosecute the suspects with other
offences. For example:- sexual harassment, rape, etc. Therefore, the investigation
should not come to its end though sufficient evidence is not found from the search
that may be used to prosecute the suspects with human trafficking.

From this aspect, the suspects may be charged with:-

o Body injury
o Homicide
o endangering ones life
o Pornography
o Organ removal

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 o Rape and sexual violence
o Sexual violence on children
o Homosexuality
o Kidnapping
o Restrain freedom of movement
o Violation of the freedom to work
o Money laundering
o Early marriage
o Corruption
o Forced abortion
o Omission in helping others who are in need of help.
o Breach of official duties, etc.

Continuing investigation has the importance of discouraging the suspects from

committing the crimes as it will not allow the suspects to escape prosecution though the
evidences collected are not sufficient to change them with human trafficking. More over,
the evidences may be supportive evidences for the future investigation of human
trafficking.

- Taking measures on early marriage is important to indirectly fight trafficking in

persons and it has been dealt in the first part of the paper that early marriage is
one of the causes of TIP.

One of the reasons that make trafficking in persons attractive is the amount of profit
that can be obtained from this illegal transaction. Therefore, confiscation of the property
of the traffickers will have a discouraging effect. Ethiopian penal code article 98 provides
that any property that is the result of the criminal act should be confiscated. The public
prosecutor should include in the charge that the property which is the result of the
criminal act should be confiscated.

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- Before judgment is passed over, the suspect may hide the properties and the
question here is how this property can be secured until the date of judgment. It
seems there is a gap in Ethiopian penal code with this regard. However, the
property which is the fruit of the crime can be secured until the date of judgment
by the court order for a civil suit instituted by the victim against the trafficker for
the wrongs committed against them.

Witness protection and care helps to get significant evidences to prosecute the
offenders. Creating a situation where the victims may be compensated by the
traffickers will have the effect of victims interest protection and will encourage
victims to provide information for the public officials. Providing, safety for the
victims during investigation is important. From this aspect, the investigators are
supposed to undertake the following activities.
• It is the duty of the investigator to provide safety and
protection for the victims and his families
• The protection and safety of the victims and his families
should be continuous.
• The investigator shall provide sufficient information to the
victims so that they can decide the effects of any of their activities.
• Providing support and consultancy for the victims if any
can be provided.

Preparations to be made for the court proceeding.

1. The investigator and the prosecutor shall work together to convince the victim to
be a witness.
2. Efficiently setting any crimes related with TIP so as to provide protection to the
victims and maintain justice.
3. If there a threat on the victims while they testify as a witness, their names should
be kept in secret, and they should testify in closed trials.
4. Arranging friendly court environment for the victims by arranging them with
separate entrance, separate room, etc.

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 5. Court judgments should be kept recorded and may be used for reference, statistics
or intelligence purpose.

Investigators, prosecutors and judges should take the following in to

consideration when the victims are called to testify.

1. There may be psychological disturbance on the part of the victims

2. Due to the traumatic effect, the victims may not be able to testify properly in the
court.
3. Recalling the past trauma, the victims may interrupt their testimony and express
their feelings by crying.

2.3. Separating and providing support to

the victims

2.3.1. Identifying the victims

Rescuing and intercepting the victims before the crime ends in achieving its objectives is
so important. This helps to take control over the traffickers during recruitment,
transportation or border crossing.

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 The victims have the possibility of knowing the identity of the trafficker, his address,
phone number, etc.

The above information is significant to start with the investigation. But identifying
the real victims may be a challenge ahead. Because,
1. The victim may not speak the local language.
2. Some victims may not consider them selves as victims.
3. Victims may not trust the police because they may be told by some traffickers if
they tell what happen to them to the police, they may be handed back to the
traffickers
4. Victims may fear their traffickers as well as they may develop loyalties and
positive feelings towards their traffickers. Therefore, victims may be unwilling to
admit that they are trafficked
5. Victims may have little knowledge about the law and their rights. This may limit
cooperation of victims to give detail information
6. If their identity is known, they fear they may be deported. And they are unwilling
to provide information.
7. May be unwilling to provide information because they are embarrassed or
humiliated.
8. May be unwilling because they are drug addicted
9. May be unwilling because they are in debt to the alleged traffickers

Therefore, any measures to identify the victims should take the above challenges into
consideration.

One of the means’s for identification of the victims is organizing and supporting
voluntary committees in the grass root level. These committees may be involved in
raising public awareness in their communities and may identify and intercept children
traveling with strange adults in their villages. By providing only minimal support like
paper and stationeries to these committees, an effective work can be done in victim’s
identification. Various techniques can be used to identify domestic victims like involving

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bus and taxi drivers and their assistants by providing trainings and only small amount of
incentives. Providing trainings for border police immigration officials, civil society
employees and the like will significantly contribute to identifying the victims.

There are some indicators that a person might be trafficked. These include:-

 Traveling with minimal or inappropriate luggage’s

 Accompanied by someone who speaks for them
 Appear to be fearful or are under intimidation
 Unfamiliar with the neighborhood
 Lack identity cards or passports
 Speak confusing things about their traveling & story
 Not working the job which was originally promised
 Have no choice about hours of work or condition of work
 Can’t leave their job in search of another one
 No control over their salaries
 There is sign of physical abuse or injury
 Owe debt to their employer or another person
 Work without having being paid
 Have health problem that have not been taken care of

In addition, child victims may

• Give rehearsed or far too mature or unnatural answer to questions

• Look to ask accompanying adult for permission to answer to questions
• Travel with adult who is not biological parent.

Moreover, there may be other possibilities of contracting victims. These may include
when the victims:

• Escape from the traffickers and seek the help of law enforcement agencies.
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 • Discovered by police during investigation of other crimes (example, during
boarder patrol or organized crime investigation)
• A police operation /example, a raid on a brothel or an illegal employment
agency/
• Through a notice of third party
• By a government or non government organization working on trafficking in
persons
As soon as the victims are identified the police shall

• Do a pre identification work. The names, the age, sex, the place of their stay
/example, bar/, etc. should be identified and recorded. Age and sex are
usually the basic indicators of human trafficking.
• Looking for complete history of the victim /by asking the victim himself/
• Collecting and analyzing additional information/evidences (for example,
documents, passports, transport recites, employment contracts etc.).
• In Ethiopia, most of the time traffickers who transport their victims to Saudi
Arabia request the victims to get a passport with a Muslim name and
showing an age above 25 years. In most cases the traffickers may confiscate
the travel and identity documents and this creates a difficulty in collecting
the documents.
• Analyzing and defining all the documents collected
• If the person is found to be the real victim, provide him with support and
protection

2.3.2. INTERVIEWING THE VICTIMS

One of the tasks of the investigator in identifying real or genuine victims is
interviewing him. The purpose may be 1) to find out whether the person is really
trafficked (recruited, transported and exploited) and 2) to collect facts that will help to
prosecute the traffickers.

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 While the victims interviewed by the investigators, they may reply in any one of the
following ways.

 They may be totally unwilling to cooperate with the investigator or

 May be willing to provide information to the police but unwilling to testify
in the court room or
 Willing to testify in the court rooms

From these aspects, a risk assessment could be undertaken, the police is supposed to raise
the following questions

 If the victims doesn’t provide information that is relevant to the

investigation, the police should tell them that they may be allowed to
return back to the place where they come or the police shall assess any
threats on the victims or their families in case they are sent back to the
place where they come. If the victims are at risk, he should decide other
alternatives.
 If the victims are responsible for holding false travel documents or other
offences, the police shall decide whether the victims should be charged
with or not, etc.
 If the victims are willing to some extent to cooperate with the police, the
police shall make a risk assessment. What type of information are they
willing to provide? If the victims provide such information, is there any
threat on the victims or their parents? Can theses threats be avoided? If
any real threats can be posed on the victims or their parents, the police
should refrain from collecting that information
 If the victim fully consents to provide information and testify in the court
room, similar questions should be raised answered. Taking into
consideration any challenges the victim may be fear while testifying in
court rooms, the police shall look into other alternative methods of
collecting this information.

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After doing a risk assessment, the following principles should be followed during the
interview.

1) Build trust. If you build trust on the victims, they will be honest and will
give you accurate information. Let the victims know that the investigators
care about them. Speak slowly and don’t raise your voice. listen patiently
and respectfully
2) Ensure confidentiality. Tell the victim before the interview starts that you
will maintain confidentiality. Inform the victim that it is only officers
working on the case who will have access to their personal details and the
information they provide.
3) Avoid traumatizing the victims. Some times asking people about the
experiences that were frightening, humiliating and painful can cause
anxiety. Many victims feel ashamed of what happened to them. They may
hide to provide information you are looking for.
When it is to find out what happened to them, you should remind them their
strength for having survived the difficult experiences and should get strong this
time also.

Interview conditions (where and how to conduct the interview)

1) The interview should not be preferably take place in the regular police station.
An interview should be taken place in a closed and private setting. If necessary,
an interpreter and a social counselor may join.
2) Moreover, interviewing one victim at a time is preferred than interviewing group
of victims.

Preparation and process of interviewing a victim

1) Planning and preparation.

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 The investigator should get prepared for interview that might likely take several
days and require writing a report of several pages. Contacting police officers in other
countries to make sure the information gathered about the victim is genuine is required

- Contracts with the police institutions in other countries can be made through inter
pool.

Investigation plan may have two forms. Strategic planning refers to the availability of
resources including recording equipments, the ability of staff to interview, equipment
supply, possible use of translators and etc.
From this aspect a long term plan is required.

Tactical planning concerns the management and conduct of training.

• At the planning stage, the safety and well being of the victim must be
addressed. Any threats should be avoided. Measures should be taken if the
families of the victims are at risk.
• At the planning stage, the place where the interview will be conducted,
availability of recording equipment for the interview, the duration of the
interview, and the need for translator should be in advance addressed.
• The victim should be given a choice as the location of the interview
• Recording the interview can be done in a number of ways including a
video recording, audio recording, written or other ways. Therefore, a
planning should indicate in which way the interview is going to be made.
It is important the victim understands and consents why such recording
equipment is used.
• Sex may be taken into consideration while deciding the interviews
• Plan to prepare questions for the interview
• Starting by general and simple question and eventually proceeding to very
specific questions.

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 2) Engage and explain

• The investigator (the interviewer) should start the interview by introducing

himself and by giving short explanation of the purpose of the interview.
He should tell them that he wants to find out what happened to them
• Inform them that they can take time in answering his questions and that
they may take a break at any time during the interview.
• Inform them that they may ask questions any time.
• Tell them that they may request you repeat or clarify any question
• Tell them that they have the right to refuse to answer a question
(Afterwards, you may discuss neutral subjects that are not related to the
investigation like general situations of marriage, the whether, the national
economy etc)
• The interviewer should maintain respect, sympathy and understanding of
the victim during the interview.
Depending on physical and mental situation of the victim interrupting the
interview may be required. The interview should progress at a pace set by the
victim.

3) To have full account of the victims, the investigator shall begin by asking the
history of the victims. For example, when and where they were born, grown up,
how did they reach the place they are staying, etc.
In no way should the investigator interrupt the victims while they are speaking about
their stories. You can ask specific questions once the victim has finished telling his/her
story

These detail and specific questions may be

Asking questions about recruitment. Are they recruited by deceit, threat, use of force or
abduction, etc
Asking questions about transportation. This will help to find out how the person was
transported and what routes were used

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Asking question about exploitation. This helps to find out the type, form and magnitude
of exploitation

4. Closing the interview

Even if the victim has provided little or no information, he should be left in a positive
state of mind.
The victim should be given a copy of the formal written statement he provided and
allowed the opportunity to read through and sign it.
The victims should be given an explanation as to what is to happen to them next.
A contact name and phone number of the investigating officer should be given to the
victim should he wish to provide any further information at a later date.
At the end of the interview, it is a good practice to ask the victim about his feeling of the
interview.
If victims are in need of protection, it should be offered to them.
No promises should be made to victims that can’t be kept for example; a person will be
charged with causing offence against the victim.

5. Evaluation

The evaluation may focus on

Whether the aims and objectives of the interview have been achieved, if any
improvements could be made in the future, if further inquires need to be made.
 If another interview is to be conducted, what kind of preparation should be
made

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  The mental and physical condition of the victim and any thing to be
provided to the victim after the interview.

6. Analyze additional evidence

Careful consideration and evaluation of additional evidences like any travel documents,
letters or a diary, employment contracts, etc.
If the victim was referred to you by another person, you may talk to that person for
additional information.
Careful examination of victims pass port provides us with the victim’s full name and
address.
First examine the date on which the passport was issued. Then compare the passport issue
date with the victim’s departure date.
A new passport issued just before the person’s departure for his country may suggest two
things

The victim is trying to travel out of the country for the first time.
The victim was advised by the trafficker to apply for another

Make a list of countries the victim has visited using this passport

Ask the suspected victims about each of the countries they have visited, the purpose of
their visits, the length of stay and how they paid for each trip. This may give us some
information about the victims.

7. Asking the following questions may help us to learn more

about the Victims Background

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Does the passport contain an entry stamp, showing that the person entered the destination
regularly?
Does the type of visa match with what the victim told you about the travel
What type of visa does the victim hold? (Tourist, business or student, etc)
How many times has the victim been to the country?
Is there a visa in the passport allowing the person to remain in that country?
For how long does the visa allow that person to remain in the country?
Is the visa still valid or has it expired?

8. After collecting all the above information, the interview, additional evidences, etc, then
you should decide whether the person is really a Victim or not. If you are in doubt, you
should give the benefit to the suspected victim

2.3.3 Providing support to the victims

Providing support to the victims can be an effective way to fight Trafficking in

persons. It helps for effective investigation and prosecution of the traffickers. That
means, if the victims are provided with support, they will be wiling to cooperate
with police. They will be willing to reveal the names, home addresses, phone
numbers and type of vehicles used by traffickers, waiting places, other victims,
etc.

Anti trafficking strategies must at their core include a comprehensive victim protection
and assistance system. Victim protection and assistance may include safety and
protection from other crimes, reintegration, justice, etc

To maintain safety of the victim, the following measures should be step by step taken:-
After the victim is rescued, ensure his safety, provide housing, food, clothing and medical
service.

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Make sure there is no another victim, ask the victim him/her self and neighbors as to the
existence of other victims
Make sure traffickers are not hiding with in the victims
Make sure the victims don’t consider them selves as criminals
Record the detail identity of the victims
Help the victims to go to their family, medical center, etc.

The support and protection that need to be provided to the victims should not be based on
their willingness to give information to the investigator. In any circumstances the victims
should be provided with support and protection.
After rescuing the victims, the support and protection intended to be provided may
include the following:-

Safe and appropriate accommodation

Legal assistance and counseling
Keeping the identity of the victims confidential during testimony
Providing different alternatives so as to empower them to achieve their plans.
Provide medical as well as psychological supports.

If the victims understand that they will be immediately deported, they may not cooperate
with the investigators.

To provide support to the victims, the following four steps should be followed.
1) Secure the victim.
Separate the victim from the trafficker
make the victim feel secured (reassure the victim that he/she is now safe and secure by
telling them “you are safe now”, ”you can trust me”, “we want to make sure that what
happened to you doesn’t happen to any one else”, “ what happened to you was wrong”,
etc )
don’t arrest or treat the victim as a criminal
Provide information and give options.

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If they are interested to remain at the place of destination and help in a police
investigation
If they want to remain at the place of destination and seek assistance
If they are interested to help in a police investigation and return to the place of origin
If they are interested to return to the place of origin
Refer the victim for psychological and other supports
Provide shelters
Help them to get counseling
Provide them with medical service
Reunification and reintegration
Trace their families
Send them back
Reunifying or reintegrating victims with family
Follow up and monitoring
Effective law enforcement requires cooperation in between and among governments and
non-governmental organizations in terms of providing victims with medical care,
physical and psychological supports.

These supports may include:-

Temporary waiting rooms
Legal assistance and counseling
Medical and psychological supports
Job opportunities, education or training opportunities, etc

Sub part three

TIP Data Management

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In order to prevent and control human trafficking, systematic information or data
management is required. Controlling TIP requires a very strong effort, long time,
cooperation in between different stakeholders, etc
Form this aspect, making all relevant information and data available, making it accessible
to the actors involved and exchanging it regularly is significant.

There are some principles or guidance’s that must be followed to this end.

1) Setting common definitions among existing data sources will help to a free and easy
dissemination of information. Therefore, setting common definitions for trafficking,
smuggling and illegal migration is as such important.
2) Data collection on trafficking should be linked to migration related information
systems. The data collection should focus on the following:-

Criminal groups involved in the process

Socio-economic profiles of perpetrators and victims and of their societies of origin
Main root causes of trafficking
Consequences for the individuals as well as for the countries involved
Modus operandi, means, purpose and actions
3) Information management should cover all areas such as prevention, protection and
prosecution.
4) Personalized and non-personalized data should be collected but the exchange of
personal data should be subject to the victim’s consent.
Questions that may be raised at the stage of information collection and data management
may be who should collect and manage the data?
It should be collected by a national central institution. It may be ministry of labor and
social affairs (MOLSA).
The body should hold an official mandate to collect information.
It should be also responsible for monitoring

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Data may be delivered by various organs. On international level, information exchange
should involve relevant agencies such as Inter POL, WCO, etc
Dissemination of information may took place via annual reports, websites, etc.

Conclusion

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In this part, we have discussed various techniques of prevention and control of TIP,
including
The need for international and national cooperation among deferent stake holders
Changing the attitude of the people
Provide awareness raising trainings focusing on the problems, effects, and prevention
techniques of TIP.
Avoiding the causes of vulnerability
Strengthening administrative control and frame works
Fighting corruption, organized crimes and terrorism
Establishing strong criminal justice system to effectively and efficiently prosecute the
traffickers
Carefully planning and providing protection and support to the victims in the plan
Building strong information management system
And exchange the information in between and among the concerned bodies.

References

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The FDRE constitution proc No 1/1987
Ethiopian criminal code, proclamation No 414/1996
Private employment agency proclamation No 104/1998
Human rights and the UN protection on trafficking and Migrant Smuggling: A
preliminary analysis at http://ssm.com (accessed on 11/08/2009)
Law, otherness, Human Trafficking at http://ssm.com (accessed on 11/08/2009)
Handbook of TIP Guidelines for Protection of Trafficking Victims and Management of
Traffickers
Improving the law enforcement response to trafficking in persons, (internet material)

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