Both models offer vast improvements over virtually any model used as recently as the late 1980s, when horror stories were emerging and statistics were first being gathered to identify the problem.74 These two dominant models have come about through a series of legislative drafts and counterproposals made by various governments, international institutions (IOs), and consortiums of interested international organizations and NGOs.
Both models contain provisions touching on enforcement and protection, but vary in their emphasis according to their motivations. Governments and institutions interested primarily in curtailing organized crime or illegal migration craft prosecution-oriented models, while those interested primarily in human rights develop victim-protection models. Because these models cover, to varying degrees, everything from witness protection to victim restitution and tiffanys sentencing guidelines for traffickers, the following sections will focus on one aspect touched upon, but not satisfactorily covered in either model-immigration benefits for trafficked persons. Immigration solutions should be viewed as both a victim protection measure and a mechanism for enhancing prosecution of traffickers.
As recently as the late 1980s government authorities in virtually all countries tended to treat trafficked persons as criminals, rather than victims of both a crime and of human rights violations.75 Governments were regularly jailing trafficked persons for violations of tiffany bangles uk status, unauthorized employment, or prostitution, and deporting them.76 Some countries, such as Bosnia, Serbia, and Montenegro still arrest and deport, as a matter of practice,77 even when it contravenes newly adopted laws or international obligations.
Grassroots anti-trafficking workers state that prosecutors do not want to tackle the difficult charge of prosecuting a trafficker when they can win the easier charges of prosecuting the victim for prostitution, document fraud, or immigration or labor violations.78 The deplorable treatment of trafficked persons by police, prosecutors, and judges,75 who are themselves sometimes complicit in the trafficking, serves only to discourage victims from agreeing to cooperate with prosecution. In one case in Bosnia, a woman had been accepted into an International Organization for Migration (IOM) program as a trafficked person and agreed tiffany bracelets uk testify against her "owner." On the stand as a witness, the judge turned her into a defendant, charging her with use of false documents, despite the fact that she had just testified that her owner had purchased and provided her with a false passport, beaten her regularly, and forced her to work in a brothel for a year without a salary.80
This model emphasizes prosecution of the trafficker, and all examples of this model have certain elements in common, with different degrees of emphasis. They use illegal migration and the combat against organized crime, in this instance trafficking, as their tiffany cufflinks uk point and focus on prosecuting traffickers. They use strong language when referring to law enforcement mechanisms for prosecuting traffickers, and weak language when discussing victim protection measures; and they condition those protection measures on the willingness or ability of a victim to aid the prosecution of traffickers.
The current legal standard-bearers for anti-trafficking initiatives, the tiffany earrings uk Crime Convention81 and the Trafficking Protocol,82 are both wholehearted instruments that emphasize the prosecution of traffickers.83 Developed by a law enforcement body, the United Nations Commission on Crime Prevention and Criminal justice (UN Crime Commission), the Organized Crime Convention, and the Trafficking Protocol respond to the international battle against transnational crime.84 While the Trafficking Protocol takes steps in the direction of victim protection, it does not go far enough.
Commentaires
Il n'y a aucun commentaire sur cet article.