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%

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