VI. IMPLEMENTING THE TRANSNATIONAL PREVENTION OBLIGATION
It is beyond the scope of this paper to set forth which possible modes of
implementation and enforcement are most suitable (and possible) for this shared
responsibility to prevent. Subsection 9(4) does not set forth a compliance
mechanism. Further, the Protocol does not have a complaints procedure or
Committee analogous to those often found in many human rights conventions.
However, just because the international framework to fight human trafficking is
different from the standard human rights structure, does not mean that there is
no space within this framework for development, collaboration and ultimately
effective enforcement and implementation.
The current response to human trafficking is quite recent and there was no
significant political attention to trafficking in persons before 1999. This is partly
because trafficking surged as borders opened, particularly after the fall of the
Soviet Union. However, the lack of attention to trafficking can also be attributed
to its clandestine nature: most people including politicians and police did not
know that trafficking was actually taking place, or at least did not know it was
operating on such a large scale. Now that states are starting to address the
problem, the fight against trafficking is proving to be a difficult and onerous one.
The international and underground nature of human trafficking has challenged
States to develop new ways to combat this crime.
The Internet and social media sites have exacerbated this situation as
traffickers have benefitted enormously from them. The Internet is the place
where many people are bought and sold; it is also where many potential victims
first make contact with their future traffickers. It also serves as an anonymous
space where people with deviant proclivities can find communities, which may further normalize this behavior; chat sites dedicated to pedophiles are an
example of this. As a result, States are being forced to innovate and rapidly
evolve policing strategies. What is emerging is a new and different approach, a
new paradigm for combatting human trafficking. The framework that is being
created to fight human trafficking is only in its early stages of development, and is constantly being challenged by emerging technology. It contains, inter alia,
elements of classical policing, elements of novel collaboration with border
officials, elements of human rights and strong prevention obligations.
In many ways, 9(4) reflects the general state of the international framework
for combatting human trafficking: it is promising but underdeveloped. This
provision contains strong obligations, but is a skeletal starting point. Further
development in this area is needed to determine what the standards are for
complying with this standard, and which mechanisms can be used to measure
this compliance. Two possibilities might be including the progress of countries in
establishing transnational prevention programs in the United States Trafficking
In Persons Report. Another limited option would be requiring States Parties to
the CRC to include a discussion of efforts employed to transnationally
preventing the trafficking of children, pursuant to the particularly strong
language in Article 35.
However, regardless of how this obligation is monitored and implemented,
there are two salient points: first, 9(4) offers nothing more than a strong
transnational bare bones obligation. Second, there are options to transform this
obligation into a useful tool for addressing the root causes of trafficking,
particularly poverty, underdevelopment and lack of equal opportunity.