4 out of 5 Countries Have Never Tried a Human Trafficking Case

Despite the fact that every country in the world has some law on its books against human trafficking or slavery, the majority of them have never brought a human trafficking case to trial. Why have so few countries been able to successfully address this critical issue within their justice systems? And what does that mean for the future of the fight against human trafficking around the world?

Dr. Mohamed Mattar, a leading anti-trafficking expert, made the statement that, despite legislation prohibiting the crime, 80% of countries have never actually gone though a full trial of a human trafficking case, much less seen the conviction of a trafficker. In the past 10 years, anti-trafficking activists and the U.S. government has been pressuring countries around the world to make human trafficking illegal. And overwhelmingly, those countries have listened. Some foreign laws have even been touted as more comprehensive and effective than U.S. law. So why, if there is so much political will to create law against human trafficking, is there so little enforcement of those laws.

There are a number of possible reasons. First, it could be that the police aren't finding human trafficking victims, aren't identifying them properly, or aren't able to arrest the traffickers in the cases they do identify. Human trafficking is one crime where, if you don't know what to look for, you're not going to find it. Another possibility is that the legislation, while there, makes successful prosecution of cases challenging. Under some laws, the burden of proof is so high, prosecutors may need victims to testify, which can be very challenging in trafficking cases.

It's also possible that trafficking cases aren't going to trial because local police have done such a good job of collecting evidence (or intimidating the accused) that traffickers are pleading guilty every time. While the reason probably involves a combination of lack of identification, poorly drafted legislation, and plea bargaining, my money is on the identification issue as the main culprit of low case volume.

It's important that countries who haven't brought a case to trial yet get cracking and break in that new law. In part, because only by at least trying to use a law will they find the challenges with it and be able to improve it. Also, showing that a country is able and willing to identify, arrest, and try traffickers can be a good deterrent for other traffickers, who see the risk of getting caught as increasing. The next round of international anti-trafficking efforts needs to focus on enforcement and prosecution of all these bright and shiny laws.

My hope is that in five years or so, the number of countries that has never prosecuted a case will have flipped -- from four in five to one in five. And because of that increase in prosecution, would-be traffickers will find ways to make money other than enslaving human beings.

Photo credit: bloomberries