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Table of Contents

  1. Introduction
  2. Intersection of GBV and Trafficking in Persons
  3. Multiple Criminality
  4. Inchoate Legislation
  5. Conclusion

1. Introduction

Conflicts severely impact human rights, especially those of women and children. The growing global attention on trafficking in persons has highlighted the importance of addressing gender-based violence (GBV). The “16 Days of Activism against Gender-Based Violence” campaign, running from November 25 to December 10, emphasizes the connection between GBV and trafficking. This campaign urges the world to adopt a gender-sensitive approach in laws and enforcement practices to protect the most vulnerable.


2. Intersection of GBV and Trafficking in Persons

People often view trafficking in persons as the illegal transportation of individuals, but this view ignores its gendered nature. Women and girls disproportionately suffer from trafficking, mainly for sexual exploitation. The UNODC 2022 report reveals that 60% of trafficking victims globally are women and girls. In the EU, 63% of trafficking victims are women, with women and girls accounting for 87% of victims of trafficking for sexual exploitation.

This data underscores the need to link GBV directly to trafficking. Recognizing that trafficking is often driven by sexual exploitation will help shift the focus of anti-trafficking efforts. A gender-sensitive approach would enhance victim support and improve prevention strategies by addressing the root causes of trafficking.


3. Multiple Criminality

International law mandates that countries criminalize trafficking and migrant smuggling. However, many laws focus solely on the movement of people and fail to consider other related crimes, particularly sexual violence. In countries like Pakistan, traffickers face charges only for transporting victims. However, authorities often overlook other crimes like rape, assault, and harassment.

This narrow focus weakens legal responses. The exploitation accompanying trafficking, such as sexual violence, requires additional criminal charges. Law enforcement must recognize the full range of offenses and charge traffickers for their exploitation of victims. A broader, more inclusive approach to prosecuting traffickers will ensure that all criminals involved in trafficking and related crimes face justice.


4. Inchoate Legislation

Pakistan’s current laws, including the Prevention of Trafficking in Persons Act, 2018 and the Prevention of Smuggling of Migrants Act, 2018, fail to address the connection between trafficking and GBV. These laws do not include provisions that recognize the multiple crimes involved in trafficking, making it difficult for authorities to prosecute traffickers effectively.

Moreover, the Pakistan Penal Code does not require law enforcement to gather evidence of trafficking in sexual violence cases, such as rape. This gap hinders comprehensive investigations. Law enforcement must develop a coordinated approach to handle multiple crimes related to trafficking. By integrating evidence-sharing systems, similar to those used in money laundering investigations, authorities can more effectively target traffickers and their networks.


5. Conclusion

Integrating a gender-based violence (GBV) perspective into trafficking enforcement is crucial for improving victim protection, especially for women and children. Recognizing the gendered nature of trafficking strengthens prosecution efforts and improves preventive strategies. A gender-sensitive legal framework will ensure that authorities address all aspects of trafficking, including sexual exploitation. This approach will help protect vulnerable individuals, enhance law enforcement’s effectiveness, and ensure that traffickers face full accountability for their crimes.

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