ABSTRACT
This chapter elaborates on the shortcomings that have resulted from a Trafficking Protocol driven primarily by the need to combat organised crime or trafficking syndicates'. For some, trafficking involves the kidnapping and selling of girls. For others, trafficking involves the deception of a woman who is convinced into accepting a fraudulent offer of work abroad, or lower pay or less freedom of movement than previously negotiated. For some practitioners, the criminal law focus is excusable, justified by the valid goal of securing successful prosecutions and facilitating clear steps for action by national-level actors. According to the Trafficking Protocol, an individual can be prosecuted for trafficking for their involvement in any one aspect of the actions that lead to trafficking: the recruitment, the transportation, the transfer, harbouring or receipt of persons. The Trafficking Protocol identifies abuse of power or a position of vulnerability' as an additional means by which a person can be trafficked.
