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Transnational organised crime, immigration and security : a study of Norwegian immigration PolicyThompson, Erik 04 1900 (has links)
Thesis (MA)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: This research study discusses the extent to which transnational organised crime (TOC) has had an
impact on Norwegian immigration policy. There has been a public debate in Norway about the
involvement of asylum seekers in various forms of organised crime, leading immigration authorities
to lament their insufficient resources and means to tackle the problem. Simultaneously, restrictive
amendments have been made to the Norwegian Immigration Act, suggesting that immigration law is
applied against TOC. The aim of the study is to understand why there has been a change in
Norwegian immigration policy, and to discuss the effects and implications of the change.
The study is a single-case study using qualitative methods, as the study seeks to provide a detailed
description of Norwegian immigration policy and the context in which the changes in the immigration
policy have been made. The case of Norway has been chosen because of the increasing focus that
TOC has been receiving from Norwegian immigration authorities, accompanied by broad media
coverage and restrictive amendments to the Immigration Act. The theories that are applied –
criminologies of the self and the other, crimmigration, and securitisation theory – are all chosen
because they address different aspects of “us” and “them” thinking.
The study argues that the increased focus on transnational organised crime in Norwegian crime
statistics reflects the narrative of the criminal other, found in criminologies of the self and the other.
Within this narrative the criminal others are distinctly different from ordinary citizens of society and
must be excluded for our own security and protection. This contributes to reinforcement of a
discourse in which asylum seekers and illegal immigrants become difficult to distinguish from
suspicious others and criminals. Accordingly, there is support for the claim that Norwegian
immigration policy has been subject to a process of crimmigration. Further, it is found that Norwegian
immigration policy has been securitised. It is concluded that although there might be a connection
between transnational organised crime and a shift in immigration policy, the change in immigration
policy is rather a result of the larger issue of immigration in general. The theoretical framework shows
how immigration becomes framed within a security and criminal context, leading to a narrative where
the other becomes a potential threat to members of society. This is problematic in a world where
inequality is on the rise, and international conventions on human rights are at odds with punitive
populism. / AFRIKAANSE OPSOMMING: Hierdie navorsingstudie bespreek tot watter mate transnasionale georganiseerde misdaad ʼn impak
gehad het op Noorweë se immigrasiebeleid. ʼn Openbare debat is in Noorweë gevoer oor die
betrokkenheid van asielsoekers by verskeie vorme van georganiseerde misdaad, wat daartoe gelei het
dat immigrasie-owerhede beswaar gemaak het teen die onvoldoende hulpbronne en middele wat tot
hul beskikking is om die probleem aan te spreek. Terselfdertyd is beperkende wysigings in Noorweë
se immigrasiewet aangebring wat aandui dat immigrasiereg teen transnasionale georganiseerde
misdaad aangewend moet word. Die doel van hierdie studie was om te verstaan waarom ʼn
verandering in Noorweë se immigrasiebeleid aangebring is en om die gevolge en implikasies van
hierdie verandering te ondersoek.
ʼn Enkele gevallestudie is in hierdie studie onderneem en daar is gebruik gemaak van kwalitatiewe
metodes om die navorser in staat te stel om ʼn gedetailleerde beskrywing te gee van Noorweë se
immigrasiebeleid en die konteks waarbinne die veranderinge in hierdie beleid aangebring is. Noorweë
is as gevallestudie gekies as gevolg van die toenemende fokus wat deur Noorweegse
immigrasieowerhede op transnasionale georganiseerde misdaad geplaas word, vergesel van
omvattende mediadekking, en die beperkende wysigings wat in die immigrasiewet aangebring is. Die
teorieë wat in hierdie studie aangewend is – kriminologie oor die “self” en die “ander”, “krimigrasie”
(crimmigration) en sekerheidsteorie – is gekies op grond daarvan dat hulle verskillende aspekte van
denke oor “ons” (die “self”) en “hulle” (die “ander”) aanspreek.
In hierdie studie word daar geargumenteer dat die toenemende fokus op transnasionale georganiseerde
misdaad in Noorweegse misdaadstatistiek die narratief van die kriminele “ander” reflekteer, waarna
daar in die kriminologie oor die “self” en die “ander” verwys word. In hierdie narratief word ʼn
duidelike onderskeid tussen die kriminele “ander” en die “gewone” burgers getref en die kriminele
moet ter wille van hierdie burgers se veiligheid en beskerming uitgesluit word van die samelewing.
Dit dra by tot die versterking van ʼn diskoers waarin dit moeilik word om asielsoekers en onwettige
immigrante van verdagtes en kriminele te onderskei. Dienooreenkomstig daarmee is daar steun vir die
bewering dat Noorweë se immigrasiebeleid onderworpe is aan ʼn krimigrasieproses. Verder is daar
bevind dat Noorweë se immigrasiebeleid aangepas is deur dit binne ʼn sekerheidsraamwerk te plaas.
Daar is tot die gevolgtrekking gekom dat alhoewel daar ʼn verband tussen transnasionale georganiseerde misdaad en ʼn verskuiwing in immigrasiebeleid mag wees, die verandering in
immigrasiebeleid eerder ʼn gevolg is van die groter kwessie rondom immigrasie in die algemeen. Die
teoretiese raamwerk dui aan hoe immigrasie geskets word in ʼn sekuriteits- en kriminele konteks, wat
lei tot ʼn narratief waar die “ander” ʼn potensiële bedreiging vir lede van die samelewing word. Dit is
problematies in ʼn wêreld waar ongelykheid toeneem en internasionale konvensies oor menseregte
strydig is met strafbare populisme.
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An Analysis of the Effectiveness of Sino-US Law Enforcement Cooperation to Combat Human SmugglingAutry, Phillip G. 10 July 2007 (has links)
This paper analyzes the effectiveness of Sino-U.S. governmental law enforcement cooperation to combat human smuggling. A history of bilateral law enforcement cooperation against human smuggling is presented, with emphasis given to the period since 1993. U.S. immigration statistics, along with statistics from the U.S. Coast Guard, are presented as a measure of the success of law enforcement efforts. In the analysis that follows, identification is made of factors that seem to have hindered and obstructed, or promoted and advanced Sino-U.S. law enforcement cooperation.
This study finds that sudden shifts in the macroclimate of Sino-U.S. relations may positively or adversely affect cooperation on law enforcement matters, including human smuggling. In the current case, bilateral cooperation against human smuggling has been advanced by spillover effects of convergent Sino-U.S. counterterrorism interests that occurred in the wake of September 11. Next, it is found that the creation of formal bilateral institutions for law enforcement cooperation since 1997 has facilitated improved effectiveness in Sino-U.S. work against human smuggling.. Finally, this study finds that the effectiveness of bilateral law enforcement cooperation against human smuggling has been substantially undermined by the inability of the two sides to maintain an effective repatriation-based deterrent against human smuggling.
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A Conformação da Política Brasileira de Defesa para as Fronteiras: Interação entre governo e agênciasGARCIA, Stephanie Queiroz 24 February 2014 (has links)
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Previous issue date: 2014-02-24 / CNPQ / As fronteiras brasileiras historicamente têm sido regiões de alta relevância, palco de
disputas e conquistas, além de possuírem papel importante na história da diplomacia
que delineou os contornos do país. Entretanto, devido ao processo de globalização que
se intensificou nos últimos anos, as fronteiras tornaram-se região estratégica para a
atuação criminosa internacional. Os chamados crimes transnacionais constituem as
vulnerabilidades existentes na faixa de fronteira. O narcotráfico, o tráfico ilegal de
armas, o contrabando e outras ilicitudes geram reflexos negativos na esfera doméstica e
na internacional. A multiplicidade de eventos nesta região chave demanda então uma
abordagem diferenciada da questão. A cooperação interagência apresenta-se como uma
solução interessante para tais vulnerabilidades. O presente trabalho busca compreender
a construção da política brasileira de segurança e defesa das fronteiras via cooperação
interagência. / The Brazilian borders have historically been areas of high relevance, scene of disputes
and achievements, besides their important role in the history of diplomacy that outlined
the contours of the country. However, due to the globalization that has intensified in the
last years, the boundaries have become strategic region for international criminal
activity. The so-called transnational crimes are existing vulnerabilities in the border
region. Drug trafficking, illegal arms trafficking, smuggling and other illegal activity
generate negative impacts on the domestic and international sphere. The multiplicity of
events then demands a different approach to the issue. The interagency collaboration is
presented as an interesting solution to these vulnerabilities. This paper seeks to
understand the construction of Brazilian security and defense policy of borders via
interagency cooperation.
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Development of psychosocial intervention guidelines for transnational trafficked childrenWarria, Ajwang' Roseline 23 June 2014 (has links)
D.Litt et Phil. (Social Work) / Children’s rights are fundamental to their growth and development, and child trafficking hampers the achievement of these rights. The growth of child trafficking continues to influence the responsibilities expected of social workers. Thus, it is essential that social workers are able to respond to the needs of trafficked children. Unfortunately, South Africa lacks literature on how cross-border trafficked children experience, perceive and understand identification and initial assistance processes. There is a gap in South African theoretical literature on child trafficking intervention guidelines. The result is that social work knowledge on victim assistance has not kept pace with the growing social issue in South Africa. The aim of this study is to develop psychosocial intervention guidelines for trafficked children in South Africa. The ever-growing burden of child trafficking demands that effective and efficient interventions are designed and implemented. Therefore, to fulfil the goal of the study, the overarching intervention research model used was the Rothman and Thomas (1994) Design and Development (D&D) model, which was complemented by Thomas’s (1984) Developmental model. The two models were chosen because they are directed by the practical realities in the social work field. The D&D model has six well-defined phases, although in this study, only the first four phases were applied. In the first phase, the rapid identification of child trafficking and the provision of initial assistance to child victims of trafficking were acknowledged as key issues that require social work intervention. The state of existing interventions was investigated during the state-of-art review, and a feasibility study was conducted to establish the resources required for the study. The outcome of the activities indicated that psychosocial intervention guidelines for child victims of transnational trafficking were needed. During the data-gathering phase, the researcher conducted a document study to establish what had been done to address the issues identified. An empirical study was also conducted using narrative interviews with ten trafficked children, seven social workers, and 15 key stakeholders. The data was analysed using thematic analysis and was subjected to literature control. The data further influenced the researcher’s decision to continue with the design phase. The design objectives, domains, and requirements were outlined in the design phase. This was closely followed by the conversion and intervention design processes, which included the formulation of generalisations and the development of the practice guidelines. Within the development of the guideline, additional skills were identified and recommended, and strategies were presented to support the implementation process. During the early development and pilot testing phase, it was evident that the process of development is intertwined with the realities of users, and thus designing continued into this phase. Pilot testing of the guidelines was conducted with social workers as the intended users to determine if these guidelines were viable and could be used as a practice tool. The social workers were satisfied with the guidelines. The design work, based on the social worker’s suggestions and the introduction of the Trafficking Act (2013), ensured that the goal of the study was achieved. The guidelines were developmentally valid, reasonably coherent, and reflective of the social work practice and policy implementation in South Africa. Rapid identification, timeous and appropriate referral and the immediate provision of assistance are fundamental aspects of addressing trafficked children’s needs and contribute towards the child’s recovery and healing process. In as much as it might be a challenge to provide all trafficked children with the opportunities, services and assistance required, providing high-quality social work assistance is a critical issue worth pursuing.
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Uma análise crítica da dimensão transnacional do grupo mexicano Los Zetas : articulações e mercados ilícitos /Jordão, Leonardo Chilio January 2020 (has links)
Orientador: Paulo José dos Reis Pereira / Resumo: A literatura acadêmica sobre “criminalidade organizada transnacional” tem uma ampla e crescente produção na área de Relações Internacionais, enquanto a dimensão transnacional do crime, que tal literatura leva no nome, ainda não ultrapassou as epistemologias analíticas tradicionais do campo da Segurança Internacional, muitas vezes presas a um aporte “Estadocêntrico” do território para analisar a suposta transnacionalidade do crime. O objetivo da pesquisa é criticar essa literatura e introduzir uma abordagem alternativa capaz de analisar o crime e sua dimensão transnacional. Tal abordagem irá focalizar os ordenamentos, os conjuntos, de relações entre atores, e o foco será em como tais relações constroem uma dimensão transnacional para análise do crime, e como o “local” é expressão dessa transnacionalidade. Criticada as abordagens tradicionais de “crime organizado transnacional”, o entendimento de mercados ilícitos transnacionais servirá como suporte para entender essa abordagem alternativa e a dimensão transnacional, pois os mercados ilícitos focalizam em diferentes atores e suas formas de relação para manter uma estrutura mercadológica e de fluxos ilícitos funcionando. Empiricamente, o grupo central dessa análise é o mexicano Los Zetas, e seu papel na Guatemala, a partir de 2008 até 2015, para explicar que o grupo faz parte de um mercado ilícito transnacional, e que a partir de suas relações, também formam uma dimensão transnacional, e partes da Guatemala são expressões das di... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The academic literature about “transnational organized crime” has a wide and growing production in the International Relations discipline, although the transnational dimension of crime, which said literature takes in its name, still hasn’t trespassed traditional epistemological and analytical perspectives in the International Security field, often stuck to a “Statecentric” approach about territory for the supposed transnationality of crime. The goal of this research is to criticize this literature and introduce an alternative approach capable of analysing crime and its transnational dimension. This new approach will focus on orderings, collectives, of relations between actors, and how these relations build up a dimension of their own, to analyse crime and their transnational flows, and how the “local” is an expression of this transnationality. After criticizing the traditional approaches of “transnational organized crime”, the knowledge of “transnational illicit markets” will serve as a support to understand this alternative approach and the transnational dimension, because these illicit markets focus on different actors and their relations to maintain a market structure of flows working on. Empirically, the central group of this analysis is the Mexican Los Zetas, and its role in Guatemala, from 2008 until 2015, to explain that the group was part of a transnational illicit market, and through their relations, also made up a transnational dimension, and portions of Guatemalan ... (Complete abstract click electronic access below) / Resumen: La literatura académica sobre “crimen organizado transnacional” tiene una amplia y creciente producción en el área de Relaciones Internacionales, en cuanto la dimensión transnacional del crimen, que tal literatura lleva en su nombre, todavía no ultrapasó las epistemologías analíticas tradicionales del campo de Seguridad Internacional, muchas veces focalizadas a un aporte “Estadocéntrico” del territorio para analizar la supuesta transnacionalidad del crimen. El objetivo de la investigación es criticar estas literaturas e introducir un nuevo abordaje capaz de analizar el crimen y su dimensión transnacional. Tal abordaje irá focalizar los ordenamientos, los colectivos de relaciones entre actores, y su foco será en como tales relaciones construyen una dimensión transnacional propria para el análisis del crimen y sus flujos transnacionales, y como el “local” es una expresión de las dinámicas transnacionales. Criticados los abordajes tradicionales del “crimen organizado transnacional”, la comprensión de mercados ilícitos transnacionales servirá como soporte para comprender ese abordaje alternativo y la dimensión transnacional, porque los mercados ilícitos transnacionales focalizan diferentes actores y sus formas de relación para mantener funcionando una estructura mercadológica de flujos transnacionales. Empíricamente, el grupo central de este análisis es lo mexicano Los Zetas, y su papel en Guatemala, a partir de 2008 hasta 2015, para explicar que el grupo hace parte de un mercado... (Resumen completo clicar acceso eletrônico abajo) / Mestre
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A discourse analysis of the EUDirective 2008/99/EC : The influence and power of the EU on the implementation of environmental crime lawVass, Sara January 2022 (has links)
This paper seeks to understand the relationship between the European Unions (EU)2008 directive over environmental crimes and the member states which wasimplemented it into their systems of law. The aim of the paper is to investigate theEUs power and influence over the member states through directives such as the2008 directive and how the member states implemented and perceived it. UsingCarol Bacchis WPR-approach for discourse analysis the power dynamics betweenthe EU and member states were investigated. The member states chosen to beanalysed were Sweden and former member United Kingdom (UK). The analysisfound that the member states were mostly receptive of the 2008 directive. AsSweden is the one left in the EU now, they also look upon the new proposeddirective from 2021 favourably however there are parts they question which can beoverstepping from the EU. The UK on the other hand did like the 2008 directive butas they left, they put forward a plan to better their environmental policies makinguse of the EU and international policies as guides. The power of the EU created bythe 2008 directive was limited due to lack of statistical data, proper reporting to theEU from member states and slow acting on circumstances changing quickly. Thenew 2021 proposed directive has been created to try address the issues found in the2008 directive.
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Defining organised crime: a comparative analysisLebeya, Seswantsho Godfrey 05 October 2012 (has links)
The most challenging and spoken criminal phenomenon today is indisputably organised crime. It is a crime that both the general public, business community, commentators, researchers, scholars, journalists, writers, politicians, prosecutors, jurists and presiding officials debate with different interpretation and understanding of the concept as well as the manifestation of the phenomena. Debates on the subject have seen the dawn of rival terminologies of organised crime and crimes that are organised.
While the United Nations has not assisted the nations in finding a definition of what organised crime is, the confusion has spread throughout the globe and South Africa has not been spared the pandemonium.
The objective of this study is to comparatively assess the present understanding and setup in South Africa in comparison with Italy, Tanzania and the United States of America, identify the root causes of the confusion and find possible remedies to liberate the situation. The research concludes with the findings and recommendations. / Criminal and Procedural Law / LL.D.
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The Surveillance of Individuals in International PoliticsKeiber, Jason A. 09 July 2014 (has links)
No description available.
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A critical analysis of human trafficking for sexual exploitationHorne, Juanida Suzette 04 1900 (has links)
This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched.
The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation.
The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa.
SUMMARY
“Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.”
(US Secretary of State Hillary Rodham Clinton, US Department of State,
Trafficking in Persons Report, 2010)
This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem.
A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research.
The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation.
Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories: Explore and describe the phenomenon of human trafficking. Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based. Explain how the identification of the phenomenon of human trafficking fits into the policing process. Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.
Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully.
The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit.
It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully.
The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. / Police Practice / D. Litt. et Phil. (Police Science)
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A critical analysis of human trafficking for sexual exploitationHorne, Juanida Suzette 04 1900 (has links)
This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched.
The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation.
The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa.
SUMMARY
“Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.”
(US Secretary of State Hillary Rodham Clinton, US Department of State,
Trafficking in Persons Report, 2010)
This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem.
A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research.
The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation.
Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories: Explore and describe the phenomenon of human trafficking. Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based. Explain how the identification of the phenomenon of human trafficking fits into the policing process. Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.
Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully.
The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit.
It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully.
The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. / Police Practice / D. Litt. et Phil. (Police Science)
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