IHRL Essay Noblesse.docx - University Of Nairobi Institute...

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University Of Nairobi Institute Of Diplomacy and International Studies A Mid Term Paper presented by: Noblesse MUKENDI MUSA R67 / 46286 /2017 Subject: “You have been retained to advise on the human trafficking, the various pieces of legislation to counter the abuses and suggested possible global law for securing the protection of the rights of the victims’’ In partial fulfillment of the requirements for academic assessment of International Human Rights Law RMA 202 Lecturer Mr. Felix ODIMMASI
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Nairobi, Kenya August, 2018 Human Trafficking Trafficking in persons is a serious crime and a grave violation of human rights. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims. UNODC, as guardian of the United Nations Convention against Transnational Organized Crime (UNTOC) and the Protocols thereto, assists States in their efforts to implement the Protocol to Prevent, Suppress and Punish Trafficking in Persons (Trafficking in Persons Protocol) ( United Nations Office on Drugs and Crimes (2018): Human Trafficking and Migrants Smuggling; Human Trafficking, United Nations). What is Human Trafficking? Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs ( United Nations Office on Drugs and Crimes (2018): Human Trafficking and Migrants Smuggling; Human Trafficking, United Nations)
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Elements of Human Trafficking On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements; The Act (What is done): Recruitment, transportation, transfer, harbouring or receipt of persons. The Means (How it is done): Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim. The Purpose (Why it is done): For the purpose of exploitation which includes: exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.
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  • Fall '18
  • Dr. Felix Odimmasi

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