Legal Commitments, Political Failures: Rethinking the Enforcement of Anti-Trafficking Laws

Introduction of Human Trafficking

By compelling or coercing a person to provide labor or services, or to even engage in commercial sex acts, human trafficking is thereby viewed as a violation of human rights. Every year, countless children, men, and women worldwide fall victim to the crime of human trafficking. Vulnerable individuals – particularly children, migrants, and those living in poverty – are often prey to traffickers as these groups typically lack sufficient legal protection and access to support systems, hence making them easier to exploit. Forced labour, sex slavery and organ trafficking. On that score, traffickers would isolate and limit their victims’ freedom in order to maintain control over them and to prevent their escape. Furthermore, victims are often stripped of their identification, thus cutting off all traces of the victim, which eventually makes it difficult to identify the victims of human trafficking. Human trafficking is not merely a domestic matter, as it has long been recognised as an issue to the international community, with its genesis marked by the creation of the 1904 International Agreement for the Suppression of the White Slave Traffic, a convention addressing slavery and human trafficking, while shedding light into the illegal trade of white people.  Individuals from selected  regions  are targeted and transported by traffickers across multiple jurisdictions. Due to its nature as a cross-border or transnational crime,  human trafficking thereby necessitates coordinated international responses. In this vein, addressing the crime of human trafficking requires robust cooperation between states, harmonised legal standards, effective information-sharing mechanisms and consistent legal enforcement. In order to create shared obligations for the prevention, protection and punishment of human trafficking, transnational legal instruments, such as the Palermo Protocol, are vital. Nevertheless, it would be easier said than done, as effectively putting these ideas into practice remains a significant challenge for numerous states across the world.

The Ever-Developing Ways of Human Trafficking

The methods employed by traffickers have become increasingly sophisticated;  schemes of deception by fraudulent agencies online, as well as personal relationships and family involvement are the most common methods of human trafficking in this modern era. These methods can be facilitated through various channels such as fraudulent documents obtained through legal methods and illegal transport, social media, fake advertisements, and other relevant trafficking methods. In light of the vast technological developments, the rise of online interaction and social media platforms has made it effortless for traffickers to target potential victims, especially those lacking digital literacy. As such, the developing  means and methods  of human trafficking has led to an increase in the number of victims, with verified data demonstrating that the number of victims identified globally has risen from approximately 30,000 to nearly 134,000 between 2008 and 2023.

International Legal Frameworks on Human Trafficking

Today, human trafficking has been addressed through numerous legislations and legal frameworks, both international and domestic. Internationally, the prohibition of human trafficking is regulated under several conventions and protocols, including the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Furthermore, The International Labour Organisation has also created several conventions regarding domestic workers, forced labour and child labour, all of which may implicitly result in human trafficking. States parties to such conventions are obligated to implement the prohibition of human trafficking, as well as to incorporate it within their national laws. For instance, Indonesia as a state party to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others since  2003, has criminalised the act of human trafficking under its national law through Law Number 21 of 2007 on the Eradication of the Criminal Acts of Human Trafficking. As such, it is important to note that the ratification of these legal instruments reflects states’ recognition of human trafficking as a violation of human rights.

The Ineffectiveness of the Current Regulation in Combating Human Trafficking

Despite their ratification by numerous states, the aforementioned legal frameworks nevertheless entail certain weaknesses, including complexities within the legal framework itself, a concerning lack of enforcement, as well as threats directed at prosecutors responsible for handling human trafficking cases. Each of these weaknesses will be further addressed within the following sub-sections.

a. Lack of Resources

Through time, numerous regulations and protocols were established to strengthen the criminalisation of human trafficking. However, despite the significant efforts by the international community, it is apparent that many gaps and imperfections persist. For instance, the enforcement of anti-trafficking laws in certain states are hindered due to the lack of  resources in practicing international law. Many Southeast Asian countries continue to struggle in combating human trafficking due to the inaccurate and unreliable data on the extent and nature of the problem. Additionally, the shortage of law enforcement, expertise, and limited skills to address the human trafficking problem further hinders the ineffectiveness of anti trafficking laws. Thus, with the lack of such resources, the fight against human trafficking is even more challenging due to its transnational nature;  where traffickers work across  the legal jurisdictions of different states, such transnational nature constitutes an advantage for these traffickers to easily exploit and operate their trafficking schemes, all without the hindrance of any proper legal enforcement by states. 

b. Lack of Enforcement

 Prior to the adoption of the Palermo Protocol, many governments were reluctant to collect, report, or even acknowledge data on sex trafficking. This hesitancy was often rooted in political sensitivities, cultural stigmas, and the marginalisation of vulnerable groups, particularly women and children. The absence of reliable data severely limited the capacity of states to understand the scope of the issue, formulate targeted policies, or allocate resources effectively. Moreover, it signaled a broader lack of political commitment, which contributed to a permissive environment in which trafficking networks could operate with minimal oversight. This failure to prioritise data-driven approaches underscored the gap between legal commitments on paper and meaningful action in practice. 

Additionally, according to a report on “Trafficking In Persons: Global Patterns” issued by the United Nations Office on Drugs and Crime, traffickers often capitalise on weak enforcement and poor international cooperation. In reality, many countries still continue to lack coordinated frameworks and face difficulties in acknowledging the extent of trafficking, both within and across their borders. Moreover, low conviction rates of traffickers exacerbate the severity of the issue within affected countries. Therefore, it is essential for the government to dedicate greater commitment to combat human trafficking by intensifying efforts in cooperating and enforcing the existing international law. 

c. Threats on Prosecutor

In the process of delivering justice, prosecutors often face intimidation and threats. A notable case is that of Filistas Shikerete, Namibia’s Deputy Prosecutor General, who has worked as a prosecutor for 16 years, specializing on human trafficking, migrant smuggling, and transnational criminal networks. During a trial, Shikerete received threats by knowing that a petrol-soaked cloth was discovered by the police, causing her to suffer nightmares. Later on in 2015, Shikerete continues to receive threats by finding that criminals were plotting to steal her case files and use explosives at her office. While advocating on behalf of the voiceless, these persistent threats directed at Shirakete as a prosecutor are both ironic and disheartening. Furthermore, it is clear that threats had been preventing prosecutors from finding out the real truth behind the case of human trafficking, yielding no outcome for the case.

Conclusion

In light of the importance of eradicating human trafficking, current legal provisions are underlined by various enforcement issues. Despite the strength of existing legal frameworks, the issue of human trafficking is not one of legal absence but of inadequate practical implementation. The main root of the problem lies in the weak enforcement of these legal provisions, which is often linked to political challenges. One key concern is the lack of reliable data, particularly regarding women and children, which significantly hinders the effectiveness of policies. Many states have not demonstrated sufficient commitment to enforcing data-driven regulations. Therefore, a stronger commitment must emerge from state parties to ensure that human trafficking is not only acknowledged as a legal concern but also addressed through concrete action. Only through genuine enforcement can meaningful progress be made in protecting vulnerable populations and moving toward a more just and secure global society.