- INTERNATIONAL LAW ISSUE OF FRANCE
This report intends to discuss and give an overview on human trafficking in France as a matter of international concern.
- A BRIEF HISTORY ON FRANCE
The nation of France rose up out of the division of the bigger Carolingian realm at the time Hugh Capet rose to West Franciaâ€™s the Kingship in 987. As discussed by Cornwell (2012), The French leadership by that time solicited power and extended its boundaries regionally, getting to be known as "France". Early wars were battled over land with English rulers, then against the Habsburgs, particularly after Habsburgs inherited Spain and seemed to encompass France. Cornwell (2012) explains that French illustrious power came to its crest with the rule of Louis XIV (1642 â€“1715) who was referred by the name the Sun King with the French culture domineering across Europe. Jenkins (2011) puts in writing that Royal power came to an end in decently fast after Louis XIV and within a span of a century France encountered the French Revolution, which started in 1789, toppled Louis XVI and made a republic. This was soon usurped by Napoleon a famous general and the resulting Napoleonic Wars saw France first command Europe with power that used arms, but later they faced defeat. Jenkins (2011) further informs that the French monarch was regained but shortly after, instability erupted and a second republic followed by a second empire and third republic came up in the nineteenth century. During the early times of the twentieth century in 1914 and 1940, Germany struck two attacks that stamped the French and later saw the adoption of a democratic republic after liberation.
- FRANCEâ€™S CURRENT LEGAL AND GOVERNMENT STRUCTURE
Right now, as discussed by Hanley (2002), the French political structure of the Fifth Republic is a crossover presidential/parliamentary system with a President (FranÃ§ois Hollande) that heads the state and shares governance with (Jean-Marc Ayrault), the Prime Minister and government head of France. Parliament is comprised of the National Assembly often referred to as the lower house
which composed of 577 dÃ©putÃ©s
nominated from a single part body electorate in a two-rounds setup, holds its parliamentary sessions in the Palais Bourbon.
The Senate referred to as the upper house
as further elaborated by Hanley (2002) holds its parliamentary sessions within the Luxembourg Palace with over three hundred representatives nominated by around fifteen thousand authorities from several parts of the French nation and is politically conservative under the constitution, the two houses have equal powers. France enjoys a multi-party political structure with a unique and wide range of political parties that are so many in numbers as compared to the US and the UK. Hanley (2002) confirms that government representatives from parties on the Right are allowed to hold more views in accordance with parties of the Left in different sessions. Hanley (2002) emphasizes that in French politics, the expression liberal
is believed to refer to free-market liberalism which means the opposite of socialism
. Parties on the Left often use liberal
critically to expose the apparent hostile approaches used by the Right to the social. Hanley (2002) concludes by saying that all except for Ã©trangers
, parties are often categorized as Left or Right.
- FRANCEâ€™S RELATIONSHIP WITH THE UNITED NATION
France as discussed by Stern (1998) was an establishing member of the United Nations when it was founded in 1945. It is a committed member of the Security Council together with the US, Russia, China and the UK. France in its capacity plays a lead role on various subjects. It is also represented both in the other fundamental UN bodies and subsidiary bodies and has been elected to the Human Rights Council. France is also a lasting member of the Conference on Disarmament. Within the United Nations,Stern (1998) says, France is active in every field. However, recent crises have highlighted the central role of the UN, but they have also underlined theneed to make it more effective and more representative of current international balances.This is the reason France is working resolutely towards Security Council reform. Just as it promotes the expansion of the G8 into the G13, it also supportsa widening of the Security Councilin the system of the negotiations launched on this issue at the General Assembly on 19 February 2009. France thus supports permanent membership for Brazil, Germany, India and Japan, as well as increased Security Council membership of African countries, notably among the permanent members. As suggested in Stern (1998)â€™s work, France would also likereview work to be carried out on Peacekeeping Operations (PKO) in order to make them more effectiveand more capable of achieving their goals. It made a joint proposal with the United Kingdom to its Council partners for reflection on the issue. France has not faced any international sanctions for the last decade. However, France has spearheaded implementation of sanctions against veto power countries like Russia in its capacity as a United Nations counterpart and active member.
- ISSUE AND RULE/LAW
This section of the document is aimed at discussing Human Trafficking in France as an international concern/law concern as discussed in detailed by Kaczorowska (2010). Human trafficking includes the enlistment, transportation, harboring and/ or practicing control, bearing or impact over the movements of an individual to exploit him/her, usually through sexual harassment or forced work. It is frequently portrayed as a cutting edge manifestation of modern slavery.
- THE ORIGIN OF HUMAN TRAFFICKING IN FRANCE
Franceis country frequented and harboring men, women, and children originating fromWest Africa, Eastern Europe,Brazil, the Caribbean andAsia who are exposed to human trafficking. As indicated by United Nations (2008), human trafficking in France is majorly in form of forced prostitutionandforced labor. Over years African Women and children have continuously been subjected to mandatory domestic servitude. Those who â€œemployâ€ them are usually diplomats withdiplomatic immunitythat cover them from being prosecuted. According to reports by United Nations (2008), men originating fromNorth Africahave been subjected to forced labor in southern France mainly working as agricultural and construction labourers. The French Government approximates that there is likelihood that a good number of the population of women involved in Franceâ€™s commercial sex trade are forced into prostitution. The French Government also estimates that a huge number of children in France have become victims of forced prostitution, especially from West Africa, North Africa and Romania. United Nations (2008) reports that the French Government has shown full compliance with the minimum standards required eliminating human trafficking. It has initiated programs aimed at continuously training prosecutorsandjudgesto maximally utilize its anti-trafficking law. Due to this, the French Government has carried on prosecuting forced prostitution and forced labor culprits and has also increasedpublic-private partnershipsto prevent trafficking. Brazilian Women and children were subjected to forced work and forced prostitution in the French territory across border. There also exist a number of young ladies in prostitution from Haiti and the Dominican Republic in French Guiana who are suspected to be defenseless against human trafficking.
- CAUSES OF HUMAN TRAFFICKING IN FRANCE
A group of interrelated "push" and "pull" elements as outlined by Hendry et al (2011) add to human trafficking. "Push" elements incorporate compelling neediness, unemployment, absence of training, insufficient social projects, sexual orientation based disparity, debasement, war and clash circumstances, and political distress in countries of origin. "Pull" elements incorporate the apparent money related prizes of shabby, exploitative work hones in some monetary areas. People who have been exploited might also be "pulled" into trafficking through the guarantee of cash and what is depicted as or accepted to be a better life. Human trafficking is regularly described as a "low risk/high compensate action" in light of the way that the crime is undercover, along these lines hard to recognize and examine, which adds to the moderately low arraignment rates around the world. Victimized people can be abused again and again for the money related or material advantage of the traffickers making this crime lucrative. The United Nations (UN), according to Hendry et al (2011) has evaluated that this unlawful action produces an approximate of $32 billion2 (US) yearly for its culprits. According to reports by United Nations (2008), the United Nations, including the General Assembly (UNGA), Security Council (UNSC), Human Rights Council (UNHRC), and the Office on Drugs and Crime (UNODC) regularly adds to the worldwide exploration, aversion and security scene on human trafficking. France firmly bolsters against human trafficking exercises in these different forums and workplaces, and also those which are particularly devoted to the battle against trafficking including the work of the UN Special Rapporteur on human trafficking, particularly Women and Children. Hendry et al (2011).
- INTERNATIONAL POSITION ON HUMAN TRAFFICKING
International law is a capable course for fighting human trafficking. The most profound and recent instruments of international law that have provided a clear blueprint on how to characterize, counteract and arraign human trafficking as discussed by Hendry et al (2011) are the United Nations Convention against Transnational Organized Crime and other closely related conventions that include the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons and the United Nations Protocol against the Smuggling of Migrants via Land, Sea and Air which went into implementation in 2003-2004. UNODC (2008) indicates that United Nations Office on Drugs and Crime (UNODC) made these conventions which have upheld international law's capacity to battle human trafficking. In backing of these instruments, in 2007, the UNODC secured the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) UNODC (2008).
- DISCUSSION ON HUMAN TRAFFICKING
This section contains a personal opinion on the issue of human trafficking in France an analysis of the possible outcome incase the human trafficking issue were to be litigated.
- PERSONAL OPINION REGARDING HUMAN TRAFFICKING
In my personal opinion, human rights are protected and respected because of what exists and what is done at the national level. It is the quality and strength of Franceâ€™s laws, practices and procedures that will at the end of the day determine the nature of a Stateâ€™s response to human trafficking. The establishment of mechanisms to oversee and guide national trafficking responses is an important aspect of coming up with a strong response based on human rights. Mechanisms of this kind should be mandated to and capable of measuring the national response against the international standards set out. Franceâ€™s national mechanisms also have a critical role to play in monitoring the impact of anti-trafficking interventions to ensure they do not interfere with or otherwise negatively affect established rights. France should gear towards setting up single government offices, like a rapporteur
to oversee the French response to human trafficking. In most of the countries, independent national human rights bodies, like for instance, national human rights commissions, have taken up the issue of trafficking: they do conducting inquiries into the governmental situation, advising government agencies and assessing national responses that are seen to fall short of the Stateâ€™s international obligations. It is high time that France adopted such mechanisms. While independent monitoring is an important aspect of ensuring that laws, policies and practices protect and do not infringe on laid down rights, the French government bodies that are directly involved in the trafficking response including legislators, law enforcement, prosecutorial and judicial bodies and victim support agencies within the French Government structure should also monitor their own actions and performance from a human rights perspective. In addition NGOs working with human trafficking victims need be encouraged to take part in monitoring and evaluating the influence of human rights in relation to human anti-trafficking mechanisms. Such monitoring should not be limited to the actions of the France as a State, but could usefully be extended to encompass the activities of non-governmental agencies themselves, in particular service providers and others involved directly with victims
- AN ANALYSIS OF HUMAN TRAFFICKING IN FRANCE
In France, Maggy (2007) says that human trafficking frequently happens in expansive urban focuses, furthermore happens in smaller urban communities and groups, generally with the end goal of sexual misuse. It has been noted that both ladies, children and men suffer consequences of this crime, despite the fact that women represent the dominant part of exploited people in France to date. Maggy (2007) argues that usually, in most cases, the individuals who are likely be at-danger include persons who are socially or financially impeded, for example, some non-French ladies, teenagers and children, migrants and recent settlers who are under the governmentâ€™s protection, and in addition young ladies and women, who may be tricked to large urban centres or who move or relocate there by their own will. Young women are at times introduced to these acts by more youthful male individuals of street gangs who utilize the guarantee of friendship as a device to enlist them. Maggy (2007) advises that implementation of international law with respect to human trafficking is best and effective when it is incorporated into territorial and domestic enactment. Local and domestic instruments that have assumed a key part in the avoidance and end of human trafficking including in France comprises of: Council of Europe Convention on Action against Trafficking in Human Beings (2008), European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and United States Victims of Trafficking and Violence Protection Act (2000). Regions over the world are also endeavoring helpful efforts to control human trafficking.
According to UN.GIFT (2008), despite the fact that trafficking of persons is a complicated issue to handle, international legal measures have been set up to help human trafficking victims and to bring to an end this worldwide epidemic. The French government is a state partner to the United Nations Convention against Transnational Organized Crime and its related conventions and as such, it is tasked to protecting trafficked personsâ€™ rights by upholding the measures stated in the Worldwide Declaration of Human Rights, that includes both customary and international law. Dealing with the anti-trafficking laws and ensuring compliance and enforcement to such laws is a hard nut to crack, however it is possible to get a lasting solution. UN.GIFT (2008) reports that programmes rolled out in the UN.GIFT shall provide extra finance to states to help end the menace of human trafficking, France should however not rely only on UN initiatives in its effort to curb human trafficking. Efforts gained from neighboring states to France are overwhelming because human trafficking involves several countries and coordinated efforts are necessary to invading the areas where human trafficking originates from and subjecting traffickers to the rule of law. France must clearly understand its role in combating human trafficking, because this menace has continued to negatively affect a large number affected humans every other year. Human trafficking just like a contagious disease is a problem that concerns everybody. The world as a whole does not Condon modern slavery for this crime to be completely curbed; there should be a coordinated effort to from all states.
Abramson, Kara (2003). "Beyond Consent, Toward Safeguarding Human Rights: Implementing the United Nations Trafficking Protocol." HarvardInternational Law Journal 44
(2): 473-502. Alina Kaczorowska (2010). Public International Law
Ed. Routledge-Taylor & Francis Group: London and New York. Askola, Heli (2007). Modern Studies in European Law: Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union
. Hart Publishing: Portland. Bernard Cornwell (2012). Waterloo: The History of Four Days, Three Armies, and Three Battles
. [Online]. Retrieved from: http://www.amazon.com/Waterloo-History-Three-Armies-Battles/dp/0062312057/ref=zg_bs_4952_2/192-7885309-7461647
on 7/05/2015 Bravo, Karen E. (2007)."Exploring the Analogy between Modern Trafficking in Humans and the Trans-Atlantic Slave Trade."Boston University International Law Journal 25
(Fall):207-295. Brigitte Stern (1998). United Nations Peacekeeping Operations: A Guide to French Policies
. United Nations University Press: ISBN-13: 978-92-808-1009-7
David Hanley (2002) Party, Society, Government, Republican Democracy in France
. ISBN 978-1-57181-337-4 Joanna Lumley and Sharon Hendry (2011). Radhika's Story: Surviving Human Trafficking. Kindle Edition Lee, Maggy (2007). Human Trafficking
. William Publishers: Portland. United Nations (2008). An Introduction to Human Trafficking: Vulnerability, Impact and Action
. New York UNODC (2008).Toolkit to Combat Trafficking in Persons.United Nations. UNODC (2006).Global Patterns in Human Trafficking.United Nations. UN.GIFT (2008).Trafficking an overview. United Nations: New York. 1