The Criminal Justice Response to Trafficking in Persons: Practical Problems with Enforcement in the Asia-Pacific Region
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Attempts to address the problem of trafficking in persons on an international, regional and national basis are relatively recent. The 'Bali Process' refers to an ongoing programme of practical cooperation between over 40 Asian and Pacific countries which arose out of the Regional Ministerial Conferences on People Smuggling, Trafficking in Persons and Related Transnational Crime held in Bali in February 2002 and April 2003. The Conferences, together with the United Nations' Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, provided the impetus for the enactment of national legislation to criminalize trafficking in persons. This article analyses the criminal justice response to trafficking persons in the Asia-Pacific region since the enactment of the Protocol and argues that there are numerous practical problems with the enforcement of new trafficking provisions. Drawing on case studies in Australia and New Zealand, it is argued that other offences may be more easily enforced and that the emphasis on enacting new offences detracts from addressing human rights issues and the social dynamics of migration.
|Journal||Global Change, Peace & Security (Print)|
|Publication status||Published - 2007|