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THE EFFECTIVENESS OF TRAFFICKING IN PERSONS REPORT IN COMBATTING HUMAN TRAFFICKING

Year 2017, Volume: 3 Issue: 7, 293 - 299, 30.04.2017

Zuraini Ab Hamid Norjihan Ab Aziz Noor Shuhadawati Mohamad Amin

https://doi.org/10.18769/ijasos.311921
Cited By: 1

Abstract

The
Trafficking in Persons (TIP) Report is the main reference for countries around
the world, particularly the United Nation state members, in determining their success in combatting human trafficking
issues. The objective of the report is to fulfil three principal goals, namely
to protect the trafficking victim, to prevent the crime, and to bring the
perpetrator to justice. This report was initiated by the U.S. Department of
State in 2001 as one of the efforts to monitor and increase worldwide efforts
regarding the issues. As a destination and transit country for human
trafficking, the U.S. Department of State has become the self-appointed country
monitoring the human trafficking progress of (187) state governments since
2004. The first report for human trafficking that was published in 2001 stated
that the related countries will be examined and placed either in Tier 1, Tier
2, or Tier 3 depending on their status. In order to be placed in the Tier 1
level, the government must fully comply with the minimum standards outlined in
Section 108 of the Trafficking Victims Protection Act of 2000. If the government
does not fully comply with the minimum standards for the elimination of
trafficking, but has put significant efforts to comply with the standards, it
is then placed in Tier 2. The failure for compliance by any governments would
place it in Tier 3. Nevertheless, few issues are detected on the effectiveness
of the TIP Report in the assessment of a country’s achievement in combatting
the crime. The issues raised include (i) the monitoring body which is led by
the U.S. Department of State; (ii) the 3P paradigm outlined by the Protocol to
Prevent, Suppress, and Punish Trafficking in Persons Especially Women and
Children which is heeded by the U.S. Department of State; and (iii) the
assessment stipulated in the TIP Report which focuses too heavily on the
protection of victims. To that end, this article studies the effectiveness of
the TIP Report in assessing the countries involved, particularly Malaysia.
Combining content analysis and semi-structured interview, this article argues
that a lot of improvement must be done on the report’s transparency in
assessing the countries and thus, proving its effectiveness in combatting the
human trafficking issues.

Keywords

Human trafficking Trafficking in Persons effectiveness Malaysia

References

  • Alese Wooditch. (2011). The Efficacy of the Trafficking in Persons Report: A Review of the Evidence, Criminal Justice Policy Review, 22(4): 471-493 Anonymous, Interviewed by Author, Malacca, 4 September 2013. She is a government legal officer at Papua New Guinea. The statement made based on her opinion and not represent the government of Papua New Guinea. Anonymous, Interviewed by Author, Majlis Anti-Pemerdagangan Orang’s Office, 24 October 2014. Anonymous, Interviewed by Author, Malaysian Maritime Enforcement Agency, Putrajaya, 28 February 2014. Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 (Act 670). Bales, K. (2012). Disposable people: New slavery in the global economy. Oakland: University of California Press. Cambridge Advanced Learners Dictionary & Thesaurus; Cambridge University Press, see also http://dictionary.cambridge.org/dictionary/british/prevention-is-better-than-cure. Country Narratives, Trafficking in Persons Report July 2001, U.S. Department of State, <http://www.state.gov/j/ tip/rls/tiprpt/2001/3927.htm> (accessed 3 January, 2013) Ebbe, O. N. (2008). Causes of trafficking in women and children. In O. N. Ebbe, & D. K. Das (Eds.), Global trafficking in women and children (pp. 33-38). Boca Raton, FL: CRC Press. Einstein, A. (1916). General Theory of Relativity. Annalen der Physik, 49 (7). Fredette, K. (2009). Revisiting the UN Protocol on Human Trafficking: Stricking the Balances for More Effective Legislation. 17 Cardozo Journal of International and Comparative Law 101, 103. Gallagher, A. (2006). Human rights and human trafficking in Thailand: A shadow TIP report. In K. D. Beeks & D. Amir (Eds.), Trafficking and the global sex industry (pp. 139-164). Lanham, MD: Lexington Books. Introduction Trafficking in Persons Report July 2001, U.S. Department of State, <http://www.state.gov/j/tip/rls/ tiprpt/2001/3929.htm> (accessed 3 January, 2013). Pemerdagangan Orang: Pegawai Imigresen Kekal Bebas, Sinar Harian, <http://www.sinarharian. com.my/pemerdagangan-orang-pegawai-imigresen-kekal-bebas-1.175683> (accessed 10 December, 2015). Sanja Milivojevic and Marie Segrave, in Responses to sex trafficking: gender, boarder and home, edited by Leslie Holmes (UK: Edward Elgar Publishing Ltd, 2010), 45. Secretary Clinton to Release Annual Trafficking in Persons (TIP) Report, Washington, DC, <http://www.state.gov/r/pa/prs/ps/2012/06/193219.htm> (accessed 3 January, 2015). The 2011 TIP Report: Methodology Trafficking in Persons Report 2011 U.S Department of State’s, <http://www.state.gov/j/tip/rls/tiprpt/2011/164222.htm> (accessed 20 March, 2015). The Developing Countries, The International Statistical Institute, <http://www.isi-web. org/component/content/article/5-root/root/81-developing> (accessed 4 December, 2015). The Poorest Countries in the World, Global Finance, <https://www.gfmag.com/global-data/economic-data/the-poorest-countries-in-the-world> (accessed 4 February, 2016). Tier Placements- Trafficking In Persons Report 2013, U.S. Department of State, <http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm> (accessed 19 May, 2016). Tier Placements, Office to Monitor and Combat Trafficking in Persons, Trafficking in Persons Report 2012, U.S. Department of State, <http://www.state.gov/j/tip/rls/tiprpt/2012/192363.htm> (accessed 3 January, 2015). Trafficking in Persons 2014 Report: Country Narratives, U.S Department of State, <http://www.state.gov/j/tip/rls/tiprpt/countries/2014/index.htm> (accessed 3 June, 2016). Trafficking in Persons Report 2012 U. S. Department of State, <http://www.state.gov/j/tip/rls/tiprpt/2012/192367.htm> (accessed 5 December, 2015). Trafficking in Persons Report July 2015, U.S Department of State, accessed Dec 10, 2016, https://www.state.gov/documents/organization/258876.pdf Trafficking in Persons Report June 2014, U.S Department of State. <http://www.state.gov/ documents/organisation/226847.pdf> (accessed on 27 June, 2015). Trafficking in Persons Report, U.S Department of State, <http://www.state.gov/j/tip/rls/tiprpt/> (accessed 3 January, 2015). Trafficking in Persons Report July 2016, US Department of State, https://www.state.gov/documents/organization/258880.pdf (accessed 14 December, 2016) Trafficking Victims Protection Act, 2000 (Div. A of Pub. L. No. 106-386) Trafficking Victims Protection Reauthorization Act of 2008 U.S. Congress, House of Representatives, House Committee on International Relations. (2002, June 19). Foreign Government Complicity in Human Trafficking: A Review of the State Department’s 2002 Trafficking in Persons Report. Testimony, Donna M. Hughes, Professor, University of Rhode Island, Kingston. United Nations General Assembly. (1995a). Implementation of General Assembly Resolution 49/150 on the Naples Political Declaration and Global Action Plan against Organized Transnational Crime (A/50/433). New York: Author.

Year 2017, Volume: 3 Issue: 7, 293 - 299, 30.04.2017

Zuraini Ab Hamid Norjihan Ab Aziz Noor Shuhadawati Mohamad Amin

https://doi.org/10.18769/ijasos.311921
Cited By: 1

Abstract

References

  • Alese Wooditch. (2011). The Efficacy of the Trafficking in Persons Report: A Review of the Evidence, Criminal Justice Policy Review, 22(4): 471-493 Anonymous, Interviewed by Author, Malacca, 4 September 2013. She is a government legal officer at Papua New Guinea. The statement made based on her opinion and not represent the government of Papua New Guinea. Anonymous, Interviewed by Author, Majlis Anti-Pemerdagangan Orang’s Office, 24 October 2014. Anonymous, Interviewed by Author, Malaysian Maritime Enforcement Agency, Putrajaya, 28 February 2014. Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 (Act 670). Bales, K. (2012). Disposable people: New slavery in the global economy. Oakland: University of California Press. Cambridge Advanced Learners Dictionary & Thesaurus; Cambridge University Press, see also http://dictionary.cambridge.org/dictionary/british/prevention-is-better-than-cure. Country Narratives, Trafficking in Persons Report July 2001, U.S. Department of State, <http://www.state.gov/j/ tip/rls/tiprpt/2001/3927.htm> (accessed 3 January, 2013) Ebbe, O. N. (2008). Causes of trafficking in women and children. In O. N. Ebbe, & D. K. Das (Eds.), Global trafficking in women and children (pp. 33-38). Boca Raton, FL: CRC Press. Einstein, A. (1916). General Theory of Relativity. Annalen der Physik, 49 (7). Fredette, K. (2009). Revisiting the UN Protocol on Human Trafficking: Stricking the Balances for More Effective Legislation. 17 Cardozo Journal of International and Comparative Law 101, 103. Gallagher, A. (2006). Human rights and human trafficking in Thailand: A shadow TIP report. In K. D. Beeks & D. Amir (Eds.), Trafficking and the global sex industry (pp. 139-164). Lanham, MD: Lexington Books. Introduction Trafficking in Persons Report July 2001, U.S. Department of State, <http://www.state.gov/j/tip/rls/ tiprpt/2001/3929.htm> (accessed 3 January, 2013). Pemerdagangan Orang: Pegawai Imigresen Kekal Bebas, Sinar Harian, <http://www.sinarharian. com.my/pemerdagangan-orang-pegawai-imigresen-kekal-bebas-1.175683> (accessed 10 December, 2015). Sanja Milivojevic and Marie Segrave, in Responses to sex trafficking: gender, boarder and home, edited by Leslie Holmes (UK: Edward Elgar Publishing Ltd, 2010), 45. Secretary Clinton to Release Annual Trafficking in Persons (TIP) Report, Washington, DC, <http://www.state.gov/r/pa/prs/ps/2012/06/193219.htm> (accessed 3 January, 2015). The 2011 TIP Report: Methodology Trafficking in Persons Report 2011 U.S Department of State’s, <http://www.state.gov/j/tip/rls/tiprpt/2011/164222.htm> (accessed 20 March, 2015). The Developing Countries, The International Statistical Institute, <http://www.isi-web. org/component/content/article/5-root/root/81-developing> (accessed 4 December, 2015). The Poorest Countries in the World, Global Finance, <https://www.gfmag.com/global-data/economic-data/the-poorest-countries-in-the-world> (accessed 4 February, 2016). Tier Placements- Trafficking In Persons Report 2013, U.S. Department of State, <http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm> (accessed 19 May, 2016). Tier Placements, Office to Monitor and Combat Trafficking in Persons, Trafficking in Persons Report 2012, U.S. Department of State, <http://www.state.gov/j/tip/rls/tiprpt/2012/192363.htm> (accessed 3 January, 2015). Trafficking in Persons 2014 Report: Country Narratives, U.S Department of State, <http://www.state.gov/j/tip/rls/tiprpt/countries/2014/index.htm> (accessed 3 June, 2016). Trafficking in Persons Report 2012 U. S. Department of State, <http://www.state.gov/j/tip/rls/tiprpt/2012/192367.htm> (accessed 5 December, 2015). Trafficking in Persons Report July 2015, U.S Department of State, accessed Dec 10, 2016, https://www.state.gov/documents/organization/258876.pdf Trafficking in Persons Report June 2014, U.S Department of State. <http://www.state.gov/ documents/organisation/226847.pdf> (accessed on 27 June, 2015). Trafficking in Persons Report, U.S Department of State, <http://www.state.gov/j/tip/rls/tiprpt/> (accessed 3 January, 2015). Trafficking in Persons Report July 2016, US Department of State, https://www.state.gov/documents/organization/258880.pdf (accessed 14 December, 2016) Trafficking Victims Protection Act, 2000 (Div. A of Pub. L. No. 106-386) Trafficking Victims Protection Reauthorization Act of 2008 U.S. Congress, House of Representatives, House Committee on International Relations. (2002, June 19). Foreign Government Complicity in Human Trafficking: A Review of the State Department’s 2002 Trafficking in Persons Report. Testimony, Donna M. Hughes, Professor, University of Rhode Island, Kingston. United Nations General Assembly. (1995a). Implementation of General Assembly Resolution 49/150 on the Naples Political Declaration and Global Action Plan against Organized Transnational Crime (A/50/433). New York: Author.
There are 1 citations in total.

Details

Journal Section Articles
Authors

Zuraini Ab Hamid

Norjihan Ab Aziz

Noor Shuhadawati Mohamad Amin

Publication Date April 30, 2017
Submission Date May 11, 2017
Published in Issue Year 2017 Volume: 3 Issue: 7

Cite

EndNote Ab Hamid Z, Ab Aziz N, Mohamad Amin NS (April 1, 2017) THE EFFECTIVENESS OF TRAFFICKING IN PERSONS REPORT IN COMBATTING HUMAN TRAFFICKING. IJASOS- International E-journal of Advances in Social Sciences 3 7 293–299.

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https://doi.org/10.2478/danb-2023-0019
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