3 Implication of Human Trafficking For
3 Implication of Human Trafficking For
3 Implication of Human Trafficking For
0 Year 2012
Type: Double Blind Peer Reviewed International Research Journal
Publisher: Global Journals Inc. (USA)
Online ISSN: & Print ISSN:
Abstract – This paper examined the implications of Human Trafficking for Human Rights in
Nigeria. The phenomenon of human trafficking has taken an alarming dimension in Nigeria, such
that it had become a big illegal criminal business. Human trafficking is now a daily occurrence in
Edo and Delta States of Nigeria. Also, the spread of human trafficking to other States of the
country is believed to be the fallout of massive unemployment and high level of poverty. Human
trafficking is a major National problem for been a threat to fundamental human rights of the
Nigerian citizenry. For an already crestfallen nation the added burden of crime of human
trafficking which are infringements on the fundamental human rights of Nigeria, now transcend
subliminal trauma. For most parents in Nigeria, the fear of sudden disappearances of their sons,
daughters and wards of being trafficker victims are real and palpable. This paper examined the
nature of human trafficking, how does it affect the human rights of Nigerians, and how to manage
it with a view of preserving human rights in Nigeria. It was discovered that human trafficking is a
crime against humanity. Recommendations were made on how it could be managed in order not
to infringe on fundamental human rights of Nigerians.
Keywords : Trafficking, Human trafficking, Human rights, Child labour, Sex trafficking, Forced
labour, Child, Bonded labour.
GJHSS - A Classification : FOR Code : 160507,160509,160512
© 2012. Samuel Olushola Ajagun. This is a research/review paper, distributed under the terms of the Creative Commons
Attribution-Noncommercial 3.0 Unported License http://creativecommons.org/licenses/by-nc/3.0/), permitting all non-commercial
use, distribution, and reproduction in any medium, provided the original work is properly cited.
Implications of Human Trafficking for Human
Rights: The Case of Nigeria
Samuel Olushola Ajagun
Abstract - This paper examined the implications of Human credence by both historical and contemporaneous
Trafficking for Human Rights in Nigeria. The phenomenon of evidence. For instance, at independence in 1960 and
human trafficking has taken an alarming dimension in Nigeria,
Year 2012
shortly afterwards, and especially with the ascendancy
such that it had become a big illegal criminal business.
of oil as the dominant source of state revenue, Nigeria
Human trafficking is now a daily occurrence in Edo and Delta
was blessed with the requisite human and material
States of Nigeria. Also, the spread of human trafficking to
other States of the country is believed to be the fallout of resources to ensure its development. Unfortunately, the
massive unemployment and high level of poverty. Human dynamic of the country’s history has imposed on it a
trafficking is a major National problem for been a threat to succession of leaders who ruled in such a way that 29
fundamental human rights of the Nigerian citizenry. For an sharply contradicts “good governance”
already crestfallen nation the added burden of crime of human It is pertinent to know that, our past and present
(Nigeria) among comity of nation. Human trafficking of opportunities in the Nigerian society and exploit
course leads to shade business which is a crime against vulnerabilities on those down trodden people (victims) in
humanity. the Nigerian society by deceit and lies. In-fact, most of
The problem of human trafficking is on the the victims are cajoled by promises of marriage,
increase and the street following the increase is employment, education, and or an overall better life, at
reverberating on the lives of the citizens, this therefore the end, the traffickers force the victims to become
prompt many people in the society to ask why these prostitutes or work in the sex industry as: prostitutes,
human trades? Why Nigerians export human cargo dancing in strip clubs, performing in pornographic films,
abused in Europe, and other West African countries? pornographic, and other forms of involuntary servitude
Why Nigerians participate heavily in export of human
cargo mostly the female (girl) as sex worker to Italy,
f) Sex Trafficking
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Belgium, Spain and Togo, Benin Republic, Liberia, The victims caught in this web are those socially
Ghana, Cote d’Ivoire, Mali, Mauritania, Morocco, disadvantaged persons in the Nigerian society. The
Burkina-Faso, as well as extending its frontiers to victims (persons) who easily fall prey to the traffickers
Gabon, Cameroon, Equatorial Guinea for monetary are the people in dire circumstance in the society. The
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2 gains. easily targeted in individuals, circumstances, and
Nigeria has continued to defy solution. Recent situation vulnerable to traffickers include: the homeless
media reports tend to portray Nigeria as the major hub individual, runaway teenagers, displayed home makers,
Global Journal of Human Social Science ( AD ) Volume XII Issue WXI Version I
for the illicit human trade (trafficking). Daily busts at the refugees and drug addicts.
nation’s seaports, airports and borders give the In-fact, it has been observed that in the Nigeria
impression that human trafficking is an insolvable society the people that are most vulnerable are those
problem. Unfortunately, nothing has changed. This from poverty stricken home, powerless ethnic minorities
paper is intended to examine human trafficking nexus of with low socio-economic background. These are victims
crimes of abuse on human rights and thus, design that are consistently exploited in various communities,
possible therapeutic options to addressing this problem. villages, towns in Nigeria.
a) Objectives of the study g) Trafficking of Child
As a result of the increasing wave of human This is the recruitment, transportation, transfer,
trafficking in Nigeria, it has become very important to harbouring, or receipt of children for the purpose of
find out what is responsible for the crime. exploitation.
Other specific objectives are:
h) Child Labour
1. To find out the nature of Human trafficking in Nigeria Child labour is a form of work that is likely to be
2. To find out how does the human trafficking affects hazardous to the physically, mental, spiritual, moral, or
human rights in Nigeria social development of children which also can interfere
3. To find out how to manage human trafficking with a with their education.
view of preserving human rights
i) Bonded Labour (Debt bondage)
b) Conceptual Clasifications Human Trafficking Bonded labouur or debt bondage, is the least
Human trafficking is the illegal trade of human known or debt bondage, is the least known form of
beings for the purpose of reproductive slavery, labour trafficking today, and yet it is the most widely
commercial sexual exploitation, forced labour, or a used method of enslaving people. Victims become
modern-day form of slavery. bonded labourers when their is demanded as a means
c) Child of repayment for a loan or service in which its terms and
conditions have not been defined or in which the value
Child shall mean any person under the eighteen
of the victims’ services as reasonably assessed is not
(18) years of age.
applied towards the liquidation of the debt. The value of
d) Forced Labour their work is greater than the original sum of money
Forced labour is a situation in which victims are “borrowed”
forced to work against their own will, under the threat of
violence or some other forms of punishment, their j) Trafficking
freedom is restricted and a degree of ownership is The word trafficking includes the word “traffic”,
exerted. In Nigeria, able-bodied and healthy men are which means transportation or travel.
victims of those who stand the risk of being trafficked for k) Human Rights
unskilled work.
Human rights are basically those rights that are
e) Traffickers inherent in the human being. The whole idea of human
Traffickers are also known as Pimps or rights acknowledges that every single human being is
Madams. The trafficker victims are those who lack entitled to enjoy these rights without distinction is torace,
colour, gender, language, religion, political affliction, debts or gain income, or they may be deceived
property or birth (Odion-Akhaine, 2004:36). concerning the prospects of training and a better life for
their children. They may sell their children for labour, sex
III. Literature Review trafficking or illegal adoptions. These adoption
processes legal and illegal, when abused can
The word “trafficking includes the word “traffic”
sometimes result in cases of trafficking of babies and
which means transportation or travel. Trafficking is a
pregnant women between the West and the developing
lucrative industry. It has been identified as the fastest
world(http://news.theage.com.au/breaking-news-
growing criminal industry in the world
technology/china ).
(http://www.wakepeopleup.com/pdfs/sex-trafficking-
In David M. Smolin’s paper on Child trafficking
slide5.pdfs). It is second only to drug trafficking as the
and adoption scandals between India and the United
most profitable illegal industry in the world
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States, (Smolin, 2005), he (Smolin) presents the
(http://www.gfinterity.org/storage/gfip/documents/report
systematic vulnerabilities in the inter-country adoption
s/transcrime/gfi transnational crime web.pdf.). In 2004,
system that makes adoption scandals predictable.
the total annual revenue for trafficking in persons were
Thousand of children from Asia, African and South
estimated to be between USD$5billion and $9 billion
American are sold into the global sex trade every year.
(http://www.unece.org/press/pr/pr2004/04/gen n03e.htm) 31
Often they are kidnapped or orphaned, and sometimes
In 2005, Patrick Belser of International Labour they are actually sold by their own families (UNICEF,
V. Human Rights are Inalienable Rights VI. Human Trafficking and Human
of All Peoples, With Particular Rights Violation in Nigeria
Reference to Nigeria a) Human Trafficking
It has been observed that the victims of human
Human rights are basically those rights that are
trafficking are not permitted to leave upon arrival at their
inherent in the human being. The whole idea of human
destination. They are held against their will through acts
rights acknowledges that every single human being is
of coercion and forced to work or provide, services to
entitled to enjoy these rights without distinction is to
the traffickers (pimps/madams) whose services may be
race, colour, gender, language, religion, political
by bonded, forced labour to commercialized sexual
affliction, property or birth.
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exploitation.
According to Cass Sustain in the book The 2nd In addition, the arrangement may be structured
Bill of Right: The great speech of Franklin Delano as a work contract, but with no or low payment or on
Roosevelt on American’s pursuit of Freedom and the terms which are highly exploitative. Also, in some cases
Universal Declaration of Human Rights, civil and political the arrangement is structured as debt bondage, with the
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2 rights is equal to the rights to food, housing, education, victim not being permitted or able to pay off the debt.
and social security. All the acts above are infringements to human
The places of human rights of an individual are rights of persons as spelt out in Nigeria Constitution of
Global Journal of Human Social Science ( AD ) Volume XII Issue WXI Version I
so important that they are recognized by all international 1999, chapter 4, section 30 which states that: every
laws. The obligation to protect and promote human Nigerian have the right to life which the traffickers
rights is usually contained in various paragraphs of the violates by the use of physical coercion that sometimes
UN charter, the Universal Declaration of Human Rights leads to death; persons rights to personal liberty which
(1948) and the various UN covenants on human rights. the traffickers deprived victims from enjoying through
Here in Africa, we have the Africa, we have the the forced labour and the rights to freedom of
African Charter on Human and Peoples Rights which movement which are been deprived, except approved to
incidentally has been included as part of the local laws do so by their pimps/madams.
in Nigeria. The 1999 Constitution in chapter 4, section 30
specifically spelt out in various sections what these b) Sex trafficking
rights are, how to enjoy them, and how they can be In sexual trafficking, the pimps or madams uses
promoted and protected. physical coercion, deception and bondage incurred
through forced debt. Trafficked women and children, for
Human rights are concerned with the most
instance, are often promised work in the domestic or
immediate and basic needs of all human beings and
services industry, but instead are usually taken to
Nigerians are no exception. These rights are:
brothels where their passports and other identification
i. The right to life; papers are confiscated in Italy by the Nigerian pimps or
ii. The right to dignify the human person; madams.
iii. The right to personal liberty; More-so, the victims may be beaten or locked
iv. The right to fair hearing; up an promised their freedom only after earning through
v. The right to private and family life; prostitution – their purchase price, as well as their travel
and visa costs (http://web.archive.org/ web/ 200806262
vi. The right to freedom of thought, conscience, and
34542/http://www.prostitutie.nl/studie/documente.pdf)
religion;
That not enough, the victims are made to swear “Juju”
vii. The right to freedom of expression and the press;
(an African supernatural power) for failure to pay the
viii. The right to peaceful assembly and association; cost of traveling and visa smelt instant death in shrines.
ix. The to freedom of movement; and By these threats the rights to life have been violated by
x. The to right to freedom from discrimination and the traffickers.
right to property (FGN,1999). The above shows that the rights to life of these
women and children have been violated by threats to life
There is an obligation placed on the
with the use of ‘Juju’ (African mystical power) for failure
government of Nigeria by the law to act in a way that
to pay debts leads to death. Likewise, the traffickers
does not infringe on the Human Right of citizens. But we
used violence to infringe on the rights of women;
must state here that the law does not establish human
freedom of movement; rights to dignify the human
rights, human rights are founded on respect for dignity
persons; the rights to personal liberty; the rights to
of man; they are universal, they are inalienable (meaning
private and family life of the victims. In fact, it has been
that no one can take them away) and they are indivisible
observed that all these acts are breaches to the human
(the government cannot respect some and ignore
some) rights of the victim because their right has been
trampled on.
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psychological problems such as: social alienation both
in home and host countries, stigmatization, social South Korea, Croatia, Canada, Austria, Slovenia
exclusion, and intolerance to make reintegration into which shows Nigeria’s improvement in checking
their local communities difficult. The above are human trafficking (Agustin, 2009).
infringements to human rights of Nigerians which d) Nigeria governments made effort by making public
violates 1999 constitution, chapter 4 section 30 that: campaigns to fight human trafficking with a focus on 33
Nigerians must have the rights to freedom of thought, sex trafficking of children.
e) Governments establishing Skills Acquisition Centres
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17. Williams, R. (2008). “British-born teenagers being
trafficked for sexual exploitation within UK Police
say” The Guardian (London) http://www.guardian.
co.uk/society/2008/jul/03/childprotection..internatina
l crime. Retrieved 23-8-2011
35
18. Un.org. “UN-backed container exhibit spotlights
plight of sex trafficking victims”. http://www.un.org/
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Global Journal of Human Social Science ( AD ) Volume XII Issue WXI Version I