Tracking the Implementation Gap
offences fail to satisfy the obligations contained in the Palermo Protocol, failing
to capture every element of the Palermo Protocol definition of trafficking. 20
Slavery
Servitude
Practices similar to slavery
Forced labour
Human trafficking
0%
10%
20%
Criminal provisions
30%
40%
50%
Non-penal provisions
60%
70%
80%
90%
No provisions
Figure 2. States' domestic legislation prohibiting human exploitation.
Analysis of states’ domestic legislation against a variety of factors reveals
trends not only in which states have enacted domestic prohibition, but in how they
go about doing so. For instance, statistical analysis shows statistically significant
variation between different geographic regions in the approach taken to
prohibition (see Figure 3). 21 Latin American and Caribbean Countries are more
likely to adopt constitutional prohibitions, while countries in the Western
European and Others group are significantly less likely to do so. On the other hand,
Latin American and Caribbean countries are statistically less likely to have
enacted criminal sanctions, while African states are the most likely to have done
so. These findings tell us about different countries’ approaches to enacting
prohibition in their domestic law. By highlighting both gaps that need to be
addressed, and contextual preferences, the global analysis begins to support a more
evidence-based approach to advocacy for enactment and reform of provisions
prohibiting human exploitation. Closer analysis of the terms of these provisions
provides an even more nuanced picture of how different states (and different kinds
of states) legislate prohibition.
20
21
It appears that only 8 of the 175 states party to the Palermo Protocol (n 13) have fully aligned
their domestic offence provisions with the Palermo Protocol, although in some cases the
different construction creates a more encompassing definition: Schwarz and Allain (n 7) 23.
Schwarz and Allain (n 6) 12–13. Regional groupings reflect the geopolitical grouping of
United Nations member states as opposed to a purely geographic grouping. See UN
Department for General Assembly and Conference Management, ‘United Nations Regional
Groups
of
Member
States’,
United
Nations
(Web
Page)
<https://www.un.org/depts/DGACM/RegionalGroups.shtml>. All special cases are allocated
to a regional grouping, with Kiribati assigned to Asia-Pacific and Israel, Turkey and the
United States assigned to Western Europe and Others.
163
100%