In the past week we have had indepth discussion on human rights and the situtation in our respective countries. In the end we were supposed to write a paper on a topic related to human rights and I choose human trafficking and specifically in my home country, Kenya. The situation is dire and it is sad to see that very little is being done to stop this henious crime. Please read on...
Introduction
Human trafficking is a violation of human rights and according to the Palermo Protocol it involves recruitment, transportation, transfer or harboring of persons through coercion, fraud or abduction for the purpose of exploitation such as prostitution, organ harvesting, slavery or forced labor. In Africa human trafficking in form of slave trade to meet the high demand for labor dates back to the 16th Century and was based on the victims physical strength and abilities (Bales, 2004). However, in the 21st Century human trafficking has taken a complex, multi-faceted approach that involves many stakeholders at institutional and commercial level and it is driven by the demand for cheap labor and commercial sex (UNESCO, 2007). In sub-Sahara Africa women and children are the most vulnerable and common victims to human trafficking. Trafficking occurs both domestically and across borders and the illegal nature of the trade and the secrecy surrounding its activities makes it difficult to accurately quantify the number of victims at a local and global level.
Human Trafficking in Kenya
According to the International Organization for Migration, Kenya has been identified as a source, transit, and destination for human trafficking and smuggling. Kenya plays host to a big number of refugees from Somalia and South Sudan who are vulnerable to exploitation by traffickers. The porous borders also mean that victims of human trafficking can easily be transported from and into Kenya. This means that human trafficking in Kenya occurs internally and internationally. Internal trafficking most commonly involves the transportation of persons from the rural to urban areas in search of better opportunities (National Crime Research Centre, 2014) where else the most common international destinations for trafficking victims are Europe, North America and in most recent times the Middle East.
It is in light of this that Kenya has put in place the necessary legal framework and regulations to counter human trafficking. To this effect the Counter Trafficking in Persons Act was adopted in 2010 and an a National Plan of Action (NPA) for Combating Human Trafficking 2013-2017 was put in place. In 2014 the government through parliament passed the Victim Protection Act which is supposed to offer protection and monitory support to those who have fallen prey to human trafficking (U.S. Department of State, 2015). The legislation is to help Kenya fulfill its mandate under the United Nations Convention against Transnational Organized Crime and notably, fulfill its obligation to the Protocol to Prevent, Suppress and Punish Trafficking in Persons. The action plan is supposed to promote cooperation between Kenya and other countries and different stakeholders involved in the fight against human trafficking (Government of Kenya, 2012). The government has also domesticated the United Nations Convention on Rights of the child and the African Charter on the Rights and Welfare of the Child in its Children Act which obligates it to put in place bilateral and multilateral measures to prevent the abduction, sale and trafficking of children. The African Charter on the Rights and Welfare of the Child requires the party states like Kenya to prevent abduction, sale, economic exploitation or trafficking of children.
The government in its fight against human trafficking is guided by the three approaches highlighted in the National Plan of Action as prevention, protection and prosecution (Government of Kenya, 2012). The preventive measures put in place include capacity building of the criminal justice experts and raising public awareness through campaigns that give information on human trafficking. The protection of victims is through rescuing efforts and offering support services for the rehabilitation of the trafficked persons.
Despite putting in place the above measures and legislations, Kenya has no long term prevention strategy in addressing the root causes of trafficking and neither do they have a clear understanding of what such a strategy should include (IOM, 2003). Furthermore, it was not until 2010 when the Counter-Trafficking in Persons Act was passed, that human trafficking was specifically addresses as an offence in Kenya’s national legislation (National Crime Research Centre, 2014). However, the government was not quick to implement the action plan or enhance its efforts in combating human trafficking activities in the country and therefore Kenya is ranked at Tier 2 out of 3 Tiers by the Traffic in Persons Report 2010.
Their efforts to implement the National Plan of Action approaches of prevention, protection and prosecution are undermined by corruption in the government and judicial system. Corruption among law enforcement authorities and all levels of government hinder efforts in prosecuting those involved in trafficking and protecting the victims against re-victimization based on their testimonies (U.S. Department of State, 2015). Corruption among immigration officials turn a blind eye to human trafficking networks operating beyond the Kenyan borders. The government’s unwillingness to hold its officials accountable in their involvement or facilitation of trafficking has also hindered the implementation of the legislations meant to address human trafficking.
The major root cause for trafficking in Kenya is poverty especially in the rural areas. Families in rural areas give up their children to traffickers in the guise of providing them with better living opportunities and conditions (Dottridge, 2002). According to a survey done by the National Crime Research Center in 2014, 70.5% of victims in domestic trafficking are sourced from rural areas and 21.6% from urban areas. Unemployment, low wages and poor living standards and corruption in urban centers have contributed to people adapting lifestyles that make them vulnerable to exploitation and they are easily drawn to prostitution, drugs and crime. Unemployment has also contributed to the young people risking their freedom and well being in pursuit of greener pastures outside the country with the help of unlicensed job agencies and traffickers.
Conclusion
Human trafficking is a global phenomenon that goes beyond borders and requires cooperation between states, international organizations, civil societies and communities. Nonetheless, the biggest responsibility to protect persons from trafficking lies with the Government of Kenya even though the international community is required to offer expertise or monitory support especially when addressing the trafficking threat faced by the refugees found in Daadab and Kakuma camps in Kenya. Kenya has already put in place the necessary legislations to facilitate the fight against human trafficking and what remains is full government commitment towards their implementation and constant evaluation on what needs to be improved or changed to make sure they are one step ahead in the ever changing world of human trafficking. Human trafficking is almost an invisible crime that calls for commitment and cooperation of all stakeholders in order to spot and tame it.
Works Cited
Bales, K. (2004). New Slavery. California: ABC-CLIO.
Dottridge, M. (2002). Trafficking in children in West and Central Africa. Gender and Development, , 38-49.
Governemnt of Kenya. (2012). The NAtional Plan of Action for Combating Human Trafficking, Strategic Framework 2013-2017. Nairobi: UNON.
Integrity Research and Consultancy . (2014). Child Trafficking in Urban Kenya. London.
IOM. (2003). Is Trafficking in Human Beings Demand Driven? Geneva: International Organization for Migration.
National Crime Research Centre. (2014). Human Trafficking in Kenya. Nairobi.
U.S. Department of State. (2015). Trafficking in Persons Report.
UNESCO. (2007). Human Trafficking in South Africa: Root Causes and Recommendations. Paris.