Review of Literature
In this chapter, topic relevant literatures were reviewed in order to get a broader insight and understanding. The global as well as national meanings of human trafficking were discussed. The theoretical model of the discussion was also cover in this section. Human trafficking is a universal human right violating crime and a contemporary concern of states, international organizations, local, NGOs and individual scholars. The problem initiates discourses and resulted in various kinds of literature; books, research articles, dissertations, theses and different kinds of reports that are available on print and non print formats. For the purpose of this particular study, literature on human trafficking in general and trafficking of Ethiopian young age in particular were consulted.
2.1. Theoretical Framework
For purpose of this study the theoretical model that can explain the causes of the trafficking that is found to be appropriate for better understand are neoclassical theory, the new economics of labour (NEL) and system theory.
2.1.1. Neoclassical Theory
It is true that people trafficked for different reasons/factors. For adequately understand the causal factors underlining theories of trafficking have been developed in the past couple of decades. There are three main reasons why people were trafficked, and the factors that sustain trafficking are flows “…demand-pull factors in the destination area, supply-push factors in the origin area, and network factors that link origin and destination” (Martin 2003:10).
One of the main theories that attempts to explain people’s movement across borders is neoclassical theory. It operates at both macro and micro levels. A key insight of this theory is that international migration arises from geographic differences in the supply of and demand for labour. As a result, people in search of employment migrate from the low age country to the high wage country Massey et al. 2006:36). The assumption of this approach specific to trafficking “the supply and demand for labour is driven by socio-economic conditions in both the origin and destination countries, conditions heightened by the stratifying effects of globalization along gender, ethnic, and geographic lines” (Hebert 2012:89).
Neo-classical approach is optimistic about the impacts of trafficking on labour-sending counties due to high expectations of reduced poverty, unemployment and overpopulation. Further, Constant and Massey (2002) have fostered an assumption of Neo-classical perspective where the victims would not return to the home country as long as he/she benefits from low wages, education and prestige in the host country.
2.1.2. The New Economics of Labour theory (NEL)
New Economics of Labour has been developed recently with the purpose of challenging the assumptions and conclusions of Neo-classical Theory. NEL focuses on trafficking from the micro individual level to meso units such as families, households or other culturally defined units. In other words, a key insight of this new approach theory is that the decision to trafficking is not merely an individual decision, but also is a collective decision of households or families. Their aim is not only to increase income, but is also a risk management strategy in the context of market failures, in addition to failures in the labour market (Stark, 1984, 1991; Stark ; Levhari, 1982; Massey et al., 1993; Taylor, 1999). However, the theory suggests not to ignore individual behavior, but to study it in the context of a group (Stark, 1991).
“A number of empirical studies from diverse regions support the new economics of labour theories (NEL) hypothesis that migration and remittances have positive indirect effects on incomes in migrant sending households, easing capital and risk constraints on local production” (Taylor 1999). Based on the premises of NEL, Taylor (2004) states that, this theory remittance, savings both directly and indirectly contributes to the income of those households receiving remittances, and that the contribution may be significant.
2.1.3. System Theory
The core assumption behind this theory is that the movement of people contributes to change the economic, social, cultural and institutional conditions in both the receiving and sending country. De Haas (2010a) has identified that the Network Theory closely affiliated to the system theory. Further, the focus of the System approach is on both the macro and micro linkages of places linked to the migration process Fawcett and Arnold (1987); Kritz, Lim, and Zlotnik, (1992). Micro level factors include kinship and friendship systems, while macro level factors focus on economy, dominance, political systems, national policies, and cultural and social systems. Unlike the other models, the System Theory emphasizes on the mutual link between trafficking and development (De Haas, 2010a). Therefore, this theory is relevant for developing a theoretical framework that considers trafficking in a broader perspective.
Figure 1.summery of the theory
Source own owing
(Source own drawing form theory, 2018)
2.2. Definition of human trafficking
According to the statement on trafficking the protocol to prevent, suppress and punish trafficking in persons, especially women and children, also known as the Palermo Protocol (Art. 3a UN, 2000) provides definition that could be universally applicable states as:
“Trafficking in persons shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs”.
As Gurnam Singh and Harbilas Singh (2013) cited in the US Department of State in its documents ‘Trafficking in Persons Report’ (2010) uses the term, “trafficking in persons” for “activities involved when one person obtains or holds another person in compelled service. (US Department of State, 2010: NP), “using a number of different terms such as involuntary servitude, slavery, debt bondage, and forced labour. The US State Department, further, says that: …a person may be a trafficking victim regardless of whether they once consented, participated in a crime as a direct result of being trafficked, were transported into the exploitative situation, or were simply born into a state of servitude. At the heart of this phenomenon are the numerous forms of enslavement not the activities involved in international transportation (2010: NP).
International Organization for Migration (IOM) defines trafficking in migrants as an act when the following conditions were met. According to the statement of (IOM); An international border is crossed, departure, transit, entry or stay of a migrant is illegal; an intermediary or the trafficker is involved in the movement of the migrant providing services, such as supplying counterfeit identity documents, official or unofficial transportation and introduction into the illegal labour market in the destination country. The trafficker profits from such activities and that the transaction is voluntary, other than in cases of (Yussouf, 2008: 173).
According to the definition given, trafficking not only involves force to abduct a victim which in most cases, considered to commit by illegal individuals but also applies complex means of deception. Although the work of PEAs in Ethiopia is officially considered as worker supply through legal recruitment means, there are cases where the agencies engage in illicit recruitment and travel processes by receiving payments that is prohibited in the proclamation 632/2009. The domestic workers fall under various kinds of exploitations in the destination countries by their employers.
2.4. Human Trafficking Vs Human Smuggling
There is a general misconception that human trafficking and the smuggling of persons and illegal immigration are the same issue. The definition of human trafficking provided by the separate UN protocol on that phenomenon one can identify a number of distinguishing elements. First, trafficking necessities the threat of, use force, coercion, or deception against victims; however, smuggling migrants who have been smuggled have voluntarily consented to their smuggler; moreover, victims of trafficking have not consented or, if they have initially consented, the consent has been rendered meaningless given the abusive coercive or deceptive action of the trafficker. Second, smuggling necessities the crossing of international borders, but human trafficking can take place both across international borders, and within the state (Wegayehu, 2014).
According to Union Council Framework Decision on Combating Human Trafficking, there are three basic differences between human smuggling and human trafficking as summarized below:
2.4.1. Source of Benefit: The primary source of profit and thus the primary purpose of human trafficking is exploitation. In contrast, smugglers generate their profit through facilitating illegal entry or stay. After reaching destination country, the relationship between migrant and smuggler usually ends.
2.4.2. Trans-nationality: Migrant smuggling always has a trans-national dimension involving at least two countries. However, in case of trafficking it can be within the borders of a particular state.
2.4.3. Victimization: Smuggling does not necessarily involve the victimization of the migrant. Migrant smuggled generally consent to the smuggled. In contrast, victims of trafficking have either never consented or if they have given initial consent it became meaningless by the means by which the trafficker had gained control over the victim such as deception or violence. Smuggled person is part of crime and trafficked person is victim of crime (United Nations Office on Drugs and Crime, 2010)
Figure, 2 the difference between human trafficking and smuggling
(Source own drawing from literature, 2018)
2.5. Components of trafficking and forced labour
According to International Labour Organization (2011), define trafficking in persons that consists of three essential components; recruitment by force or deception; Transportation within a country or across borders legally or illegally, and Exploitation traffickers financially benefit through the use or sale of the victim.
Research Conducted by Play Therapy Africa Ltd (2011), state on how people enter the process of trafficking through recruitment by other people as follow:
“According to them, most are lured into the process by a false promise of an opportunity, deceived by misinformation or lies, or pushed by need or desperation. In some cases, victims are aware that they are to be employed in a given activity but do not know the conditions in which they were working. In other situations, victims were coerced, in extreme cases abducted. The recruitment also made by families, relatives, friends, neighbors, brokers, or recruitment agencies”.
Once the victims are recruited, they are transported from one town, area, or country to another. This may involve someone or a group of people to facilitate and arrange the movement, provide for false travel documents and shelter along the way. There are instances where corrupt border guards, immigration or law enforcement personnel and officials are also involved. Transport providers may or may not know the nature of their cargo (International Labour Organization, 2011).
The main purpose of recruiting and transporting victims in this case, is to exploit them by engaging them, for instance, into prostitution, domestic servitude, forced labour, and, in some instances for body organs removal. In most cases, the main purpose is thus to profit from the exploitation of labour. The notion of exploitation of labour allows a link to establish between the Palermo Protocol and the ILO Convention No. 29 on Forced Labour. Article two, paragraph 1 of the latter Convention defines ‘forced or compulsory labour’ as “all work or service, which is exacted from any person under the menace of any penalty and for which they said person has not offered himself voluntarily”.
Most employers feel they own the migrant workers because they paid for the recruitment and any other related fees, just as if they own any other property they have paid for. The lack of social and legal protection in the destination countries gives traffickers and employers power over trafficked victims. This power exercised through physical, emotional and sexual abuse and threat.
Figure 3: trafficking in Persons
Source: Human trafficking and smuggling of migrants in the context of mixed migration flows (IGAD RCP, 2015)
2.6. “Push” and “Pull” factor
According to Gurnam Singh and Harbilas Singh (2013), the “push” and “pull” are reinforcing factors that contribute to trafficking in persons. “Push” factors are those hostile social, economic, political conditions in the countries of origin which encourage or force the people to migrate for the greener pastures. These conditions include extreme poverty, unemployment, lack of education, political corruption and political instability and civil war or conflict situations in countries of origin. Poverty and unemployment put a person to enter into situation of exploitation without fully knowing about it, as they do not have many alternatives. Powerlessness and marginal position of poor and unemployed people in society provide traffickers an opportunity to exploit them. The visible gaps in the standards of living of people also lead to their victimization as they start regarding migration as only way to become rich. Difference between wages in home country and abroad is quiet huge and aggravate the danger (Wheaton, Schauer and Galli, 2010:123).
The “pull” factors are also responsible for flourishing the trafficking in human beings. It refers to such elements that exist in the destination countries and attract the people to migrate there. This category includes a globalized free-market economy that has increased the demand for cheap labour, goods and services. The labour from the third world countries is quite cheap, less demanding and harder working. Thus, because of hyper-capitalism, human beings have also become the commodities. This mutual beneficiary pattern of demand and supply has also given birth to transnational criminal networks that are earning from the migration of people and making them victims of trafficking (The Levin Institute, 2011: 13-14).
2.7. Global Overview of Human Trafficking
As Wegayehu Tufa (2014) cited in Laczko, (2005) an estimated of 600,000 to 800,000 men and women and men are trafficked across global borders every year. The report also added that the figures quoted above do not include millions who are victims of trafficking within their nations. All East African countries have recognized as source transit and destination. The study also shows that trafficking occur both international and across borders to other countries in the East and southern Africa and Trans continentally to Europe and the Middle East.
As Wegayehu Tufa (2014) cited in Endeshaw (2006) revealed that trafficking is not a new phenomenon, but it has recently reemerged globally. Global March show that trafficking of persons leaves no country untouched and the widespread global nature of the practice is on the rise. The author listed Ethiopia among countries affected by the practice (Allais, 2004)Trafficking of person has evolved in to one of the most tragic feature of contemporary global migration and the situation of victims is described as follows. Victims of trafficking were exposed to physical and psychological violence and abused, denied labor right. Are illegal before the law and are often found in a forced and unwanted relationship or dependency with their traffickers. (IOM, 2003)
2.8. Human Trafficking In Africa
A review of existing literature indicates that individual characteristics such as gender, socio economic status education, employment and personal aspiration related to an individual’s lively of being trafficked. The first evidenced of UN employment came not from statistical data but from reports about the appearance in various towns of people who obviously has no jobs. They came in increasing numbers, and lived in shantytowns in desperation and poverty. Street children as beggary who simply work on the stretch but are without families or homes are increasing in number in substandard Africa major cites irregular migration as well as trafficking young boy’s and girl’s was stimulated and indemnified by worsening youth unemployment and rapidly deteriorating socio economic condition and poverty (Annan, 2006)
The research reviewed focuses primarily on how the economic environment in people’s home communities contributes to their vulnerability to trafficking. However, some mention of other community or environmental characteristics may be important. This includes the lack of protected services for children trading to escape an abusive home, employer, or early marriage (Masudi, 2001). The vulnerability of working and abusive home, employer may be compounded by the fed and sometimes inability to reform home or to access support after migrating.
2.9. Causes of Human Trafficking in Ethiopia
As Gudetu (2013) state the cause of human trafficking states as it was the corrupt mode of human migration. Human migration cannot stop, but human trafficking can be. Even if there is no single country that succeeded in stopping human trafficking. Women’s unemployment and underemployment could partially be associated to their low level of education, and it encourages the process of human trafficking. It is an overt truth that women’s educational attainment was directly related to their better status in the society. As it can also be observed from the profile, of labour and social affair of Dodola woreda the number of the educational attainment of women out-migrates is low. Hence, poverty because of poor employment and unemployment is one area that exposed women to trafficking. Dishonest agents who claim to have established contacts with employers oversees process trafficking. These agents were place victims of trafficking in exploitative conditions (Gudatu, 2013:239).
Economic factors are also causes of migration to the Middle East. Regional Mixed Migration Secretariat (2014), Fransen ; Kuschminder (2009), Baker ; Aina (1995), Atnafu (2006) presented economic factors as the main driving force for Ethiopian youth migration to the Middle East. For local communities of Ethiopia, migration is the only viable option for alleviating their poverty.
Many youths of Ethiopia migrate to boost their material gains Selamawit, B (2013) states the factors that cause Trafficking as “People fall victim to trafficking for many reasons. Although the root causes of trafficking vary from country to country, there are however many factors that tend to be common to trafficking in general according to US Department of State (2012) report. Social, economic and political factors are major driving forces. Socially marginalized, economically deprived and poverty stricken individuals are primary victims of trafficking through deception and coercion.”
2.9.1. Cultural practices, belief systems and behaviors of communities where trafficking exists
Across the world, numerous belief systems, cultural patterns and practices affect potential human trafficking victims. An example of a cultural belief that was found to impose subjection was a study done on child trafficking in Thailand, where it was found that a typical belief pattern was for families to view their children as being responsible for helping to provide for the family through means of income, household help, and community labor (Taylor, 2005:413). In the developing world, it is typical to find a lack of accessible resources so parents was readily assign responsibility to their children in the allocation of care concerning “each child’s perceived potential economic, social and reproductive returns” (Taylor, 2005:414). A child’s birth order and sex are determinates of whether they are deemed as a helper child, particularly for the firstborn daughter. The common belief is that daughters are responsible for the welfare of the family especially their younger siblings and seeing to the well-being of their elderly parents (Taylor, 2005).
2.10. Consequences of Human Trafficking in Ethiopia
“The consequences of human trafficking can be social, political and economical. Most of Ethiopian women become victims of human trafficking in their process of migration to earn a better livelihood. Earning a better livelihood was an overriding factor for women’s migration in general and trafficking in particular. The result of trafficking is exploitation of victims for different purposes. Traffickers receive huge amount of money from potential victims and their families too. In most cases, this money comes from selling of movable and immovable properties, such as cattle and land. In addition, they take credit from siblings and neighbors. Women who are trafficked in most cases get back to their country empty handed, because they do not have legal permit for employment and their employers do whatever they like to exploit them. Hence, let alone getting their life improved, they get into long lasting trouble in their life” (Gudetu 2013:241)
Therefore, the economic impact of trafficking is capital, as it not only affects the migrant, who get back empty handed, but also their family and the country as a whole. Migration, which was thought to respond to the economic crisis of the family and the migrant, becomes a heavy burden to the entire household. Another consequence, which is not distinctly apart from the economic one, is the social side of human trafficking.
A statement quoted by Beydoun (2006) reads; Trafficking does not occur in a vacuum. It is a crime because of various and combined social situations and circumstances, legal systems, people and their needs. Trafficking is not one event, but a series of constitutive acts and circumstances implicating a wide range of actors. When seeking a solution, extracting one aspect of the equation would be futile (for example restricting migration) since the combined forces would continue to act (people’s need, social situations, poverty, violence, demand, and criminal intent) even with the elimination of one of its links.
2.11. Actors Involved in the Trafficking Process
2.12.1. Facilitators, Smugglers and Trafficking
As Habteyes (2016) cited in Wegayehu (2014) state, facilitators are typically neighbors or other person who knows the targets. This can also include close relatives and family members. The main tasks of the facilitators in the recruitment process are to seek out potential victims, convince victims and their families of the benefits of working abroad and arrange a meeting with the broker. They are beneficial; actually, they receive commissions from brokers for each successfully trafficked person. Working through facilitators benefits the brokers in many ways. There is a better chance of engaging the victims while and at the same time reducing suspicion of active recruitment. The arrangement also makes it easier for the broker in communities where he or she was not known. Additionally, the brokers are were not held responsible for the victim’s exploitation in the eyes of the community.
Likewise, Yamauchi (2003) as cited in Adamnesh (2006) stated that people migrate though different channels such as through family ties, networks, labor brokers, smugglers and traffickers to mention few. Equivalently, the study finding elaborated that almost all of the participants traveled to Saudi Arabia due to the push by smugglers and family/friends. The smugglers arrange transport, receivers to the host country, prepare false documents like passports, visas, and work permits.
2.13. The Constitution of Federal Democratic Republic of Ethiopia
The constitution of the Federal Democratic Republic of Ethiopia in its proclamation no.1/1995 article 18 declares prohibition against inhuman treatment and makes it clear that everyone has the right to protection against cruel, inhuman or degrading treatment or punishment. No. 2 of this article prohibits trafficking in human beings for any purpose and states that no one shall be held in slavery or servitude. In addition, article 32 of the constitution guarantees the freedom of every Ethiopian to move and reside within the country, to leave the country whenever one wishes, and to return to the country. However, in practice, any Ethiopian who wishes to travel abroad for any reason is provided with a travel document or passport. The challenges associated with this freedom, is the situation of Ethiopian young aged who migrate to the Middle East and Gulf countries to seek for employment. The challenges include the issue of how to prevent such situations while respecting the constitutional and human rights of movement of all Ethiopian citizens.
Trafficking in human being was prohibited as provided under Article 18 (2) of the Constitution of the Federal Democratic Republic of Ethiopia. According to Federal Democratic Republic of Ethiopia Proclamation No.909/2015, Ethiopia has signed the United Nations Convention against Transnational Organized Crimes and ratified the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. In addition to this, it is found important to promulgate a law consistent with the Constitution and these international instruments; in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows: the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No.909/2015.
According to the Proclamation No.909/2015 of The Federal Negarit Gazette of the Federal Democratic Republic of Ethiopia human trafficker were defined in following. As to this proclamation, 1/ “human trafficker” or “migrant smuggler” means a person who: a) by any means, either directly or indirectly, in violation of the law or by his personal initiation, commits or attempts to commit the crimes of Human Trafficking and Smuggling of Migrants; b) Participants as an accomplice in the crimes of Trafficking in Persons and Smuggling of Migrants; c) Organizes other people to participate in the crimes or who provides order for organized criminal group; d) Solicits people from their residence to migrate by providing a promise; or e) In any way encourages, promotes or intentionally gives assistance for persons organized with common motive for the commission of the crime stipulated in this Proclamation; living either in the territory of Ethiopia or outside.
2/ “organized criminal group” means a structured group of two or more person living and operating in Ethiopia or elsewhere, existing for a limited or unlimited period of time and acting in concert with the aim of committing one or more offences stipulated under this Proclamation, in order to obtain, directly or indirectly a financial or other material benefit, and it includes association and groups organized for trafficking;
3/”transnational crime” means when the commission of the crimes stated under this Proclamation: a) involves more than one country; b) is committed under the territory of Ethiopia with its preparation, planning, direction, supervision or funding in another country; c) in committed in another country with its preparation, planning, direction, supervision or funding in Ethiopia or through another country; d) is committed by an organized criminal group engaged in criminal activity in more than one country; e) is committed under the territory of Ethiopia even another country with its effect in another country or in Ethiopia.
4/ “Exploitation” include the following: a) benefiting from prostitution of others or other forms of sexual exploitation; b) labor exploitation, forced labor or servitude; c) slavery or practices similar to slavery; d) sexual servitude and enslavement; e) debt bondage or surrender as pledge for another; f) removal or taking of organs of the human body; g) forcefully engaging for begging; h) engaging children for military service.
5/ “slavery” mean the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;
6/ “servitude” mean the conditions or the obligations to work or to render services from which the person cannot escape, prevent or alter.
7/ “debt bondage” means the pledging by the debtor of his personal service or labor or those of a person under his control as security or payment for a debt, when the length and nature of service is not clearly defined or when the value of the services as reasonably assessed is not applied towards the liquidation of the debt and resemble trafficking in human.
8/ “smuggling of migrants” means an act immigrating or emigrating individuals, in land, see and air, to country of which the person don’t have nationality, work or residence permit, with direct or indirect intention to procure financial or material benefit;
10/ “Refugee” means any person who full fills the criteria has stipulated under Refugee Proclamation;
11/ “victim” means a person against whom the offence stipulated under this Proclamation has been committed or any person who has sustained harm, including mental and physical injury, emotional suffering, economic loss or substantial violation of basic human rights due to the commission of the crime. The other point raised in Federal Negarit Gazette of the Federal Democratic Republic of Ethiopia Proclamation No.909/2015 Crimes of trafficking in persons and smuggling of migrants State Trafficking in Persons in 3/1 any person, for the purpose of exploitation, within the territory or outside of Ethiopia, and as a) at the pretext of domestic or oversees employment or sending to aboard for work or apprenticeship) by concluding adoption agreement or at the pretext of adoption; or c) for any other purpose; using threat or force or other means of coercion, abduction, fraud, deception, promise, abuse of power or by using the vulnerability of a person or recruits, transports, transfer harbors or receives any person by giving or receiving of payments or benefits to achieve the consent of a person having control over another person shall be punishable with rigorous imprisonment from 15 years to 25 years and with fine from 150,000 to 300,000 Birr.
2/ where the crime stipulated under sub-article (1) of this Article? a) is committed against child, women or anyone with mental or physical impairment; b) resulted in physical or psychological harm on the victim; c) is committed by using drugs, medicine or weapons as a means; d) is committed by public official or civil servant in abusing of power; or e) is committed by a person who is parents, brother, sister, a guardian or a person having a power on the victim; the punishment shall be rigorous imprisonment not less than 25 years or life imprisonment and with fine from 200,000 to 500,000 Birr.
3/ the recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means stipulated under sub article (1) of this article.
4. Assisting and Facilitating Trafficking in Persons For the purpose of promoting human trafficking, any person who: 1/ permits his house building or other permits in his own name or in his control to be used for human trafficking knowingly or ought to have known; 2/ publishes, stores, disseminates, imports or exports any publication; 3/ manages, runs or finances by organizing any job recruitment agency; 4/ knowingly arrange transportation, transport or facilitate the transportation of victim by land, sea or air; 5/ assist, produce, provide, holds and falsifies any fraudulent or false identity card or travel document or assist to get these documents through illegal means for the benefit of other person; or 6/ holds as debt bondage, forcefully snatches, conceals, destroys or causes to destroy the victim’s identity card or travel documents to restrain his right to movement or access to public service; shall be punished with rigorous imprisonment from 15 years to 25 years and with fine from 150,000 to 300,000 Birr.
5. Crime of Smuggling Migrant 1/ Any person, either directly or indirectly with the intention to procure financial or other material benefit, who causes migrants to cross border, attempts to cross or prepare to cross into or out from the territory of Ethiopia illegally shall be punishable with rigorous imprisonment of 15 years to 20 years and with fine from 150,000 to 300,000 Birr. 2/ If the crime stipulated under sub-article (1) of this Article: a) is committed against child or women, or any person with mental or physical impairment; b) causes the victim to suffer a physical or psychological harm; c) is committed by using drugs, medicine or weapons; d) is committed by a person who has a similar criminal record; or e) is committed by public official or civil servant in abusing of power; the punishment shall be rigorous imprisonment not less than 20 years and with fine from 300,000 to 500,000 Birr.
6. Aggravated Circumstance where the offence stipulated under Articles 3 and 5 of this Proclamation results in sever bodily injury or death to the victim, where the offender commits the offence as being a member, a leader or coordinator of an organized criminal group or where the crime is committed in large scale, the punishment shall be a life imprisonment or death penalty, depending on the case.
7. Offences Related to Identity Card or Travel Documents Any person who produces, possesses, provides or transfers fraudulent or false identity card or travel documents to smuggle migrants to enter into and escape from the territory of Ethiopia by land, sea or air, shall be punishable with a rigorous imprisonment not less than 10 years and not exceeding 20 years and with a fine from 100,000 to 200,000 Birr.
8. Assisting Smuggled Migrant to Enter or Stay in the Territory of Ethiopia Notwithstanding the provisions of other laws, any person who, knowingly or where he should have known the importance of residence permit, identity card and other travel documents to foreigner to stay or to live in Ethiopian, assists smuggling of migrants to enter in to Ethiopia or assists the smuggled migrants to stay or to live in the territory of Ethiopia, shall be punishable with rigorous imprisonment from 3 to 5 years.
9. Assistance to Illegal Stay in any Country Any person who, in order to obtain directly or indirectly a financial or material benefit, intentionally: 1/ assist, to stay in the territory of Ethiopia, a foreigner who is not a national or have no residence permit by violating the law and without complying with the necessary requirements to live legally or to stay an Ethiopian national elsewhere in other country 2/ facilitates the smuggling of another person into Ethiopia or to cross the border or to enter into another country by violating law; 3/ agrees to provide, provides or transfers false identity card or travel document, whereby he knows or should have reasonably known or there is a means to know that the document is to be used for the purpose of smuggling of migrants; shall be punishable with a rigorous imprisonment from 10 years to 15 years and with a fine from 100,000 to 500,000 Birr.
10. Destroying of Evidence and Blocking Testimony Any person who, intimidates by any means or bribes directly or indirectly, an informant, witness or a potential witness not to testify, to provide false testimony or to conceal an evidence in the process of criminal investigation, prosecution or court proceeding of the crime of trafficking in persons or smuggling of migrants or destroys or conceals an evidence by his own, shall be punishable with rigorous imprisonment from 10 years to 15 years.
11. Concealing Crime and the Suspected Criminal Any person who conceals the suspected criminal, who is accused of committing the crimes stipulated under this Proclamation, hides a property used or planed for the commission of the crime or conceals the proceed of the crime or the source of the money used for the commission of crime or disguises or fails to report the source or the money, that he should have known the fact that either the source or money is a proceed of crime, shall be punishable with a rigorous imprisonment from 5 years to 10 years, depending on the cases.
12. Failure to Disclose Criminal Acts Whosoever, with regards to the crimes of Trafficking in Persons and Smuggling of Migrants stated on this Proclamation: 1/ having information about the preparation or evidence that may assist to prevent any harm before its commission, fails to immediately inform or give information or evidence to the police or any other competent authority, unless he adduces force majeure or adequate reason prohibiting disclosure, or gives false evidence shall be punishable with simple imprisonment; or if the possible harm of the criminal act is serious, the punishment shall extend to 5 years of rigorous imprisonment; 2/ having an information or evidence capable to arrest, prosecute or punish a suspect or person ready to commit the crime, fails to immediately inform or give information or evidence to the police or any other competent authority, unless he adduces force majeure or adequate reason prohibiting disclosure, or gives false evidence shall be punishable with a rigorous imprisonment not less than 5 years and not exceeding 10 years and a fine of 10,000 to 50,000 Birr.
13. Criminal Liability of Legal Persons 1/ Notwithstanding Article 90 (1), (3) and (4) of the Criminal Code of the Federal Democratic Republic of Ethiopia, where any offence stipulated under this Part is committed by a direct or indirect participation of juridical person, or the crime is committed in cooperation with organized criminal group or through an illegal association or juridical person established for trafficking or smuggling:
2.14. Conceptual Framework
By taking review of various literatures, 11 independent variables were hypothesized for this study as the cause of human trafficking. However, what have been taken in to account that this is not the only factors that push or pull the process of human trafficking to Middle East that might exert positive or negative influences on the number of out migrate. In the study, the researcher was focus on the young group that were affected by the act of human trafficking. It is based on the recognition that each young person is unique, but all young people are shaped by developmental (including the biological and psychosocial of puberty), culture, gender, and environment.
As Shelley Joy (2012) cited in Barr (2010) Ostrager (2010); Johnson, Blum, and Greded in (2009) and much of literature highlight that young people do not understand or recognize the serious consequences of their action. As the prefrontal cortex is the part of the brain responsible for reasoning and decision making, and it is not fully developed until the mid twenties. This explain why the impulsive and emotional response of adolescence to risk taking is not always about a deficit in knowledge as many young people participate in high risking behaviors even though they know they should not (Muscari 2009; Admas 2009). These influence the young people to engage in human trafficking activities without calculating the consequence of the action that may affect their life. So the studies was try to investigating how the young person affected by the act human trafficking that they are shaped by culture, gender, environment, economy and other people and push and pull factor.
According to the statement of United Nations Office on Drugs and Crime, Trafficking in Persons Global Patterns Vienna, United Nations, (2006) stated trafficking is a crime against individuals. As them, trafficked persons most directly feel the consequences, and trafficking activities contravene fundamental human rights, denying people basic and broadly affect individual freedoms. Trafficking also has broad economic, social, political and cultural consequences. As a criminal act, trafficking violates the rule of law, threatening national jurisdictions, and international law. Further, trafficking in persons redirects the benefits of migration from migrants, their families, community and government or other potential legitimate employers to the traffickers and their associates. Difficult as it is to measure accurately the scope of human trafficking, it is equally difficult to measure its impact