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The first obstacle to counter the crime is the inability of
all concerned in the anti-trafficking community to come together
and create a comprehensive, truly multi-sector strategy that
works towards reducing human trafficking. There is a certain
lack of recognition amongst police personnel about their role
in combating the crime.
Much
could be achieved to counter trafficking if the police sought
to be more community focused, rather than act simply as an
arm of an often unsympathetic government. Anti-trafficking
efforts would be greatly aided by a shift in policing culture
and approach by promoting closer links between the police
and at-risk communities.
Police
have to grasp the economic dynamics of the trade so that effective
interventions can be made in the trafficking chain. Three
simple characteristics define a successful trafficker -one
who stays out of the gaol, stays alive, and stays profitable.
Much money and time has been spent against trafficking, and
yet the international community often decries its lack of
impact on the trade. This lack is largely due to the limited
range of interventions and the failure to employ criminal
intelligence methods to determine the same. Very often the
actual act is identified at the end of the trafficking sequence.
At best, victims are passed off as illegal migrants or asylum
seekers. The continued deprivation of the victim's liberty
is tantamount to the state authorities sanctioning the act.
Human
trafficking as generally perceived in the eyes of the public
and law enforcement is a lesser crime than say homicide. In
numerous cultural contexts specifically in the Commonwealth,
the concept of human servitude is accepted, particularly in
the case of women and children. The extent to which the trade
in humans is facilitated by social acceptance, or at least
a lack of social opposition, varies in degree and nature from
jurisdiction to jurisdiction but plays an important role in
inhibiting enforcement in many countries.
Government,
international organisations and academia, continue to debate
on basic concepts of trafficking despite international conventions
such as Transnational Organised Crime Convention and its Trafficking
Protocol having offered internationally agreed definitions
of the crime. If a police officer fails to comprehend human
trafficking on a basic conceptual level, then investigating
it on the ground level becomes almost impossible.
There
is a distinct lack of access and knowledge about laws governing
human trafficking. This problem is one that can be addressed
by, for example targeted media campaigns, workshops for at-risk
people, and telephone hotlines designed to provide assistance
to possible victims of trafficking.
Tight
migration controls, especially over labour movements, serve
to frustrate the trafficking sequence often leading to traffickers
in adopting desperate measures for the 'smuggling' phase of
their operation and taking greater risks in concealing the
crime. With a human cargo, this can often prove to be fatal.
There has to be change at policy level for the police to be
able to deal effectively with human trafficking. Most of the
Commonwealth legal systems require that for violations against
persons to be recorded, as opposed to states, there must be
a tangible human victim who is the complainant. In the absence
of such a complaint, the police are not empowered to act.
In case of trafficking, victims are generally reticent to
file a complaint or are deemed as unfit witnesses and thus
not competent complainants.
Human
trafficking is not just any illegal trade being carried out
across borders but concerns real people whose basic right
to live is under constant threat. An attempt to combat it
effectively can be made if only a more humane approach is
adopted by the police who are tasked with protecting every
person's dignity and rights.
Brian
Iselin
Former
Sr. Liaison Officer
Australia Federal Police
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