Human Trafficking

Human trafficking, according to Oxford dictionary is a crime which involves unlawful movement or transportation of persons or people within and across international borders forcefully against their wish either by threat or by promise of benefits for purposes of being used for sex trade, forced or involuntary labour or all manner of commercial activity which is detrimental to the victim but beneficial to the person or persons doing the act. The Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003 (NAPTIP ACT) section 50 provides thus:
Trafficking means all acts and attempted acts involved in the recruitment, transportation within and across Nigerian borders, purchase, sale, transfer, receipt or habouring of a person involving the use of deception, coercion or debt bondage for the purpose of placing or holding the person whether for or not involuntary servitude (domestic sexual or reproductive) in forced or bonded labour or in slavery like condition”.
This definition is wide and covers both the act itself and attempt to do the acts prohibited under the Act. Looking at the way and manner the crime of human trafficking is committed, the excruciating effects on the victims and their immediate families, the law cannot close its eyes but see it as a human right issue and concern. In Nigeria, the crime of human trafficking has been addressed to an extent through legislation and policy measures initiated by government. Section 34 of the 1999 constitution of the Federal Republic of Nigeria (as amended guarantees the right see copy prohibits the subjection of any person to slavery or servitude. The section categorically provides that every individual is entitled:
(a) To respect for dignity of the person and accordingly no person shall be subjected to torture or to inhuman or degrading treatment,
(b) Any person be held in slavery or servitude let alone,
(c) Being required to perform forced or compulsory labour.
The enforcement of these rights is reinforced by section 46 of the same constitution as well as order 11 of the fundamental Rights (Enforcement Proceduce) Rulers 2009 which authorizes such victims to bring application for enforcement of the rights before a High Court in the state when such alleged infraction may have taken place with the inclusion of the phrase “within” and outside the state borders under section 50 of NAPTIP Act.
Aside the constitution, other legislations enacted locally also made provisions relating to human trafficking. The criminal code for instance makes it an offence to procure women and girls for prostitution in or outside Nigeria, (see section 223CC). this is punishable upon conviction for a term of two years imprisonment which is not commensurate to the offence committed. Note that from the above section of the criminal code, the procurement of such women or girls must either be to make them become inmates of a brothel or make them leave their place of abode in Nigeria with the intent of becoming prostitutes in brothels in Nigeria or elsewhere. Section 270 of the penal code criminalises forced labour but merely provided a penalty of one year imprisonment or an option of fine to be determined by the court. This will encourage the trafficker who knowing how lucrative the offence of trafficking is, to continue with the trafficking and wait for a possible fine he or she will pay and continue with the business.
It is clear the penal and especially the criminal code made progressive provisions against the act of human trafficking in and outside Nigeria but failed to prescribe adequate penalties sufficient enough to serve as deterent. It is my humble submission that these provisions be reviewed.

Nkechi Bright-Ewere