TABLE OF CONTENTS
Title page
Abstract
Table of Statutes
Table of Cases
List of Abbreviations
Table of Contents
CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Background to the Study
1.2 The Statement of Research Problem
1.3 Objectives of the Research
1.4 Scope of the Research
1.5 Justification of the Study
1.6 Literature Review
1.7 Research Methodology
1.8 Organizational Layout of the Study
CHAPTER TWO
2.0 CLARIFICATION OF KEY CONCEPTS
2.1 Definition of the Term “Trafficking” as a Crime and a Human Rights
Violation
2.2 Definition of Human Trafficking
2.3 The meaning of the word “victim” and Victims of Crime
2.4 Definition of Human Rights
2.5 Victim Initiated Criminal Process
CHAPTER THREE
3.0 THE GENERAL CONCEPT AND HISTORY OF HUMAN TRAFFICKING AND VICTIMS OF CRIMES
3.1 Introduction
3.2 Concept of Human Trafficking
3.3 Trends in Labour Migration
3.4 Legal Concept of Victim of Trafficking
3.5 Concept of Victim Initiated Criminal Process
CHAPTER FOUR
4.0 INTERNATIONAL AND DOMESTIC INSTRUMENTS FOR THE PREVENTION OF HUMAN TRAFFICKING IN NIGERIA
4.1 Introduction
4.2 The Role of International Instruments to Improve the Position of women and children as Victims of Trafficking and Abduction in the Administration of Justice
4.2.1 The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
4.2.2 Convention on the Rights of the Child (CRC) (1989) and the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography (2000)
4.2.3 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
4.2.4 International Labour Organization Conventions
4.2.5 Benefits and Drawbacks of the Treaty Procedures
4.2.6 The Palermo Protocol /the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children
4.2.4 International Criminal Law
4.3 The Role of Domestic Instruments for the prevention and control of Human Trafficking and Abduction in Nigeria
4.3.1 Right of Access to Justice and Fair Treatment
4.3.2 Victims‟ right to fair treatment means right to be treated with compassion and respect for their dignity
4.3.3 Right to Protection of Privacy
4.3.4 Right to protection against traffickers and to institute action for remedies including compensation, restitution and recovery
4.3.5 Right to Assistance
4.3.6 Right of trafficked person to remain in the receiving country and to return to state of origin safely
4.3.7 Role of Prosecutors and Judges in the Protection of Victim‟s rights and the Criminal Justice Administration
4.3.8 Role of Prosecutors
4.3.9 Role of Judges
CHAPTER FIVE
5.0 CONCLUSION
5.1 Summary
5.2 Findings
5.3 Recommendations
Bibliography
ABSTRACT
It is not exaggeration that despite the effort of NAPTIP and other bodies like the ILO, there are still cases and reports of women and child trafficking in Nigeria. There are occasions where hospitals take in young pregnant girls, offer them money for their babies ranging from N20,000-N25,000, which they in turn sell between N150,000-N30,000 depending on the gender of the baby. Regrettably, many Nigerian children in particular and Africa in general are prone to the whims and caprices of human traffickers at a very astronomical rate. Some of the problems of trafficking in persons are; the past and present military and political leaders lack political will of the states to deal with the current issues despite large budgetary amount that was earmarked to deal with the issue of all sorts of criminal activities, parents and relations of trafficked persons are never interested in helping law enforcement officials to discourage their children or alert the officers responsible for the prohibition of trafficking in persons, The absence of reliable records in the offices of NAPTIP, various ministry of justice and some police departments on crimes and victimization has hindered the understanding of crime pattern and trend of human trafficking, the lack of enforcement mechanisms in to search arrest and prosecutions of the suspects of trafficking and deal with them in accordance with provisions of the law is another problem. Some of the objectives are; to examine the laws on trafficking, to examine the application of the law on the offence of trafficking, also to establish findings on the application of those laws on the offence of trafficking and to provide recommendations. The findings are; the judiciary and administrative mechanisms for the prevention of human trafficking is ineffective, illiteracy contribute a lot to backwardness of combating human trafficking, Nigerian anti-trafficking law in itself does not provide a serious punishment that is commensurate with the gravity of the offences, it has been observed that there has been a problem of lack of coordination between international agencies and the Nigerian domestic agencies, i.e. NAPTIP and other law enforcement agencies that are meant for protection of trafficking. The recommendations are; Judicial and administrative mechanisms should be strengthened where necessary to enable victims to obtain prompt and adequate redress through formal and informal procedures that are expeditious, fair, inexpensive and accessible, Need to educate the public about the rights and duties of suspects, offenders, victims and the state as stakeholders in the criminal justice system, Need to further re-examine our criminal justice administration with a view to addressing the problems created by our inheritance of a colonial system which extols the theory of law and state to the point that recognizes only the state and the offender as the
“parties” to criminal proceedings, and to the attendant neglect of the rights and welfare of the victim.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
It is not exaggeration that despite the effort of National Agency for the Prohibition of Trafficking in Persons (NAPTIP) and other bodies like the International Labour Organization (ILO)1, there are still cases and reports of women and child trafficking in Nigeria. There are occasions where hospitals take in young pregnant girls, offer them money for their babies ranging from N20,000-N25,000,which they in turn sell between N150,000-N30,000 depending on the gender of the baby2. Regrettably, many Nigerian children in particular and Africa in general are prone to the whims and caprices of human traffickers at a very astronomical rate. This however, truncates their chances of being exposed to proper and standard education and/or training that is expected to transform them into becoming part of the available human capital resource in Nigeria and the entire Africa.If human capital development centres on the education and training of human being within a society and human trafficking involves the movement of human beings illegally from one location to another for the purposes of exploitation and money making, then trafficking in persons should be considered as a serious impediment to the development of human capital of any nation. As a matter of regret, it is unfortunate to disclose that the women and children who are trafficked from Nigeria to other nations for......
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