FROM BONDAGE TO FREEDOM
12
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;
(b)
The consent of a victim of trafficking in persons to the intended
exploitation set forth in sub paragraph (a) of this article shall
be irrelevant where any of the means set forth in sub
paragraph (a) have been used.
The definition indicates three stages in the crime of trafficking:
1.
An action consisting of recruitment, transportation, transfer,
harbouring or receipt of persons.
2.
By means of threat or use of force or other forms of coercion,
abduction, abuse of power, or position of vulnerability.
3.
For the purpose of exploitation.
While the above three stages would be critical in case of trafficking
in adult persons, only the first and the third stage would be crucial in
case of trafficking in children.
This definition, though, contains all the human rights elements, is
essentially a “crime prevention” definition and its crime prevention focus
detracts from the concern of the basic rights of the victims. Also, it fails
to distinguish clearly a trafficked person from a smuggled migrant or
where smuggled migration ends and trafficking begins. Therefore in order
to fill these gaps a comprehensive human rights definition is required.
The Special Rapporteur on Violence Against Women, Radhika
Coomaraswamy, has given one such definition. In her report30, she
elaborated the need for new and unambiguous definition of trafficking
that is based on respect and defense of the human rights of all persons.
30
Integration of the Human Rights of Women and the Gender Perspective, Report of the Special
Rapporteur on Violence Against Women, Its Causes and Consequences, Ms. Radhika
Coomaraswamy, on Trafficking in Women, Women’s Migration and Violence against Women,
submitted in accordance with Commission on Human Rights resolution 1997/44, E/CN. 4/2000/
68, 29 February 2000.