FROM BONDAGE TO FREEDOM
13
She proposed a definition of trafficking, which should have following
elements:
i)
the lack of consent;
ii)
the brokering of human beings;
iii)
the transport; and
iv)
the exploitative or servile conditions of the work or
relationship
Thus, any definition of trafficking must capture these elements. The
definition, which Coomaraswamy proposed and which was accepted by
the Commission on Human Rights, is:
“Trafficking in persons means the recruitment, transportation,
purchase, sale, transfer, harbouring or receipt of persons:
(i)
by threat or use of violence, abduction, force, fraud, deception
or coercion (including the abuse of authority), or debt
bondage, for the purpose of:
(ii)
placing or holding such person, whether for pay or not, in
forced labour or slavery-like practices, in a community other
than the one in which such person lived at the time of the
original act described in (i)”
It comes out from the definition that it covers all persons involved
in the trafficking chain: those at the beginning of the chain, who provide
or sell the trafficked person, and those at the end of the chain, who receive
or purchase the trafficked person, hold the trafficked person in forced
labour and profit from that labour. Criminalizing the activities of all
parties involved throughout the process of trafficking would facilitate
efforts to prevent trafficking and punish traffickers.
The Global Alliance Against Trafficking in Women (GAATW), the
International Human Rights Law Group and the Foundation Against
Trafficking in Women, in conjunction with other NGOs worldwide,
developed a definition of trafficking based on their collective experience.
This definition is given in Human Rights Standards for Treatment of
Trafficked Persons (HRS)31 in Chapter 2 as: 31
Global Alliance Against Traffic in Women, Foundation Against Trafficking in Women,
International Human Rights Law Group, Human Rights Standards for the Treatment of
Trafficked Persons, Bangkok, 1999. Also available on www.globalrights.org