Control and Regulation of Human Trafficking in Nigeria: A Legal Framework Analysis
الملخص
Human trafficking is a pervasive and complex issue affecting millions worldwide. Despite international efforts to combat trafficking, the scourge persists, necessitating a critical examination of the existing legal framework as it relates to Nigeria. This article undertakes a study of Nigeria's legal framework and the various measures adopted by the Nigerian government to curb the menace of human trafficking, with a view to identifying best practices and areas for improvement. This article employs the analytical approach to Nigeria's Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015. The article examines the definition of trafficking, the prosecution and punishment of offenders, the protection of victims, and prevention strategies employed by the Nigerian government. The findings reveal that while Nigeria has made significant strides in combating human trafficking, there are still gaps to be filled with respect to penalties for offenders. Nigeria's legislation, although well-intentioned, is often criticized for its limited scope and inadequate enforcement mechanisms. This article contributes to the existing literature on human trafficking by providing a nuanced understanding of the control measures employed in Nigeria. The article highlights the need for a more coordinated and effective approach to combating human trafficking, emphasizing the importance of international cooperation, capacity building, and community engagement. Ultimately, this article aims to inform policy and legislative reforms, promoting a more robust response to the scourge of human trafficking
التنزيلات
المراجع
UNESCO Policy Paper Poverty Series No. 14.2 (E), Human Trafficking in Nigeria: Root Causes and Recommendations, available at <http://unesdoc.unesco.org/images/0014/001478/147844e.pdf> (accessed 27 October 2024); United Nations Office On Drugs And Crime: Global Report on Trafficking in Persons 2012 available at <https://www.unodc.org/documents/data-and-analysis/glotip/Trafficking_in_Persons_2012_web.pdf> accessed 27 October 2024); B. Olateru-Olagbegi, and A. Ikpeme, “Review of Legislation and Policies in Nigeria on Human Trafficking and Forced Labour” available at <http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_083149.pdf> (accessed 19 October 2024).
Cap. C23 Laws of the Federation of Nigeria 2004.
Cap. A9, Laws of the Federation of Nigeria 2004.
Cap. C50 Laws of the Federation of Nigeria 2004.
Act No. 4 of 2015.
Z. Sabina, 2009, “Trafficking from Nigeria Rises Sharply” available at <http://ipsnews.net/news.asp?idnews=48405> (accessed 12 October 2024).
Slavery is defined in article 1 (1) of the Slavery Convention 1926 as the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. Slavery Convention was signed in Geneva on 25 September 1926 and entered into force on 9 March 1927, in accordance with article 12 thereof; available at <http://www.ohchr.org/EN/ProfessionalInterest/Pages/SlaveryConvention.aspx> (accessed 27 October 2024). Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015 criminalizes dealings in slavery. The right to be free from slavery and servitude is recognized under article 4 of the Universal Declaration of Human Rights, Article 5 of the African Charter on Human and People’s Rights and article 8(1) and (2) of the International Covenant for Civil and Political Rights. Under Nigerian law, Section 34(1)(b) of the Constitution of the Federal Republic of Nigeria guarantees the right to freedom from slavery or servitude.
L. Y. Akor, Trafficking of Women in Nigeria: Causes, Consequences and the Way Forward, Corvinus Journal of Sociology and Social Policy, 2 (2), 2011, 89-110; available at <http://cjssp.uni-corvinus.hu/index.php/cjssp/article/view/47> (accessed 27 October 2024)
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Supplementing the United Nations Convention against Transnational Organized Crime was adopted on 15 November 2000 and entered into force on 25 December 2003; available at <http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf> (accessed 27 October 2024).
Ibid, Article 3(b).
Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015, Section 82 thereof exploitation includes at a minimum the exploitation of the prostitution of others or other forms of sexual exploitation, derivation of the offspring of any person, forced labour or services or practices similar to slavery, servitude or the removal of organs.
Ibid, Section 13(5).
Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the Convention Against Transnational Organized Crime was adopted by the General Assembly of the United Nations on 15 December 2000 and came into force on 28 January 2004; available at <http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf> (accessed 27 October 2024).
Financial or other material benefit is defined under section 82 of the Trafficking Act 2015 include any type of financial or non-financial inducement, payment, bribe, reward, advantage or service (including sexual or other services).
B. A. Garner, (Ed.) Black’s Law Dictionary, ninth edition, (West Publishing Co., USA, 2004), p.1210.
Convention Against Transnational Organized Crime was adopted on 15 December 2000 and entered into force on 29 September 2003; available at <http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf> (accessed 27 October 2024).
Ibid, Article 3(2) thereof states that an offence is transnational in nature if: (a) It is committed in more than one State; (b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State but has substantial effects in another State.
B. Olateru-Olagbegi, Human Trafficking & Global Supply Chains: Understanding the Challenges & Risks for Business & Workers available at <http://www.ohchr.org/Documents/Issues/Trafficking/Consultation/2012/presentations/WOCON-%20UnderstandingtheChallenges%20Risks.ppt> (accessed 27 October 2024).
Ibid.
M. Ladan, Migration, Trafficking, Human Rights and Refugees Under International Law: A Case Study of Africa (Ahmadu Bello University Press Ltd, 2004). 110
A. Lipede, Women Trafficking and Insecurity in West Africa: Character, Trend and Scale in Nigeria, in B. M. Barkindo, and A. Lipede (Eds.) Human Trafficking and Economic Crimes Across Nigeria’s International Borders (Spectrum Books Ltd, 2007). 5
UNESCO Policy Paper Poverty Series No. 14.2 (E), Human Trafficking in Nigeria: Root Causes and Recommendations, op cit note 2.
Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015 No. 4. Section 2 thereof.
Constitution of the Federal Republic of Nigeria Cap. C23 Laws of the Federation of Nigeria 2004. Fundamental Rights (Enforcement Procedure) Rules 2009, Order 1 rule 2 thereof provides that human rights include fundamental rights and defines fundamental rights as any of the rights provided for in Chapter IV of the Constitution of the Federal Republic of Nigeria and also includes any of the rights stipulated in the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act.
African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act CAP. A9 Laws of the Federation of Nigeria 2004.
Child’s Rights Act C50 Laws of the Federation of Nigeria 2004.
Trafficking in Persons (Prohibition) Law Enforcement and Administration Act No. 4, 2015,
Criminal Code Act CAP C38 Laws of the Federation of Nigeria 2004. The Criminal Code Act is applicable only in the Southern part of Nigeria.
Penal Code Laws of the Federation of Nigeria 2004. The Penal Code is applicable only in the Northern part of Nigeria.
Labour Law Cap. L1 Laws of the Federation of Nigeria 2004.
Child’s Rights Act, Cap. C50 Laws of the Federation of Nigeria 2004.
African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, Article 16 (1) thereof states that every individual shall have the right to enjoy the best attainable state of physical and mental health.
Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015, Section 36(1) states that the High Court has the jurisdiction to try offences, hear and determine proceedings arising under the Act.
Section 416(2)(k) of the Administration of Criminal Justice Act 2015.
Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015, Section 64(2) thereof.
Ibid, Section 13(3) thereof defines abuse of position of vulnerability as intentionally using or otherwise taking advantage of an individual's personal, situational or circumstantial vulnerability to recruit transport, transfer, habour or receive that person for the purpose of exploiting him or her such that the person believes that submitting to the will of the abuser is the only real or acceptable option available to him or her and that this belief is reasonable in the light of the victims situation
Penal Code, Section 272 thereof defines abduction as forcefully compelling or by any deceitful means inducing a person to go from any place.
Child’s Rights Act, Section 28(3).
Cap. N30, Revised Edition (Laws of the Federation of Nigeria) Act 2007.
The Legal Aid Council was established under the Legal Aid Act, Cap. L9 Revised Edition (Laws of the Federation of Nigeria) Act 2007 as the body charged with responsibility for provision of legal aid and advice in both criminal and civil matters to persons whose income does not exceed ₦5000 per annum; sections 1 & 9 of the Act.
الحقوق الفكرية (c) 2025 Majebi Samuel Amune, PhD
هذا العمل مرخص حسب الرخصة Creative Commons Attribution 4.0 International License.
