International Human Rights Standards and the Laws Against Human Trafficking in Africa: A Critical Analysis

Abstract

Human trafficking remains a plague ravaging the African continent. Thousands of Africans are trafficked year in and year out. This transnational crime, which can involve illegal organ harvest and luring vulnerable victims into the sex-slave market, has negative implications for the affected individuals. The African Union (AU) and other international organizations have put measures in place to arrest or de-escalate the upward trend of this menace, but the desired results are far from being achieved. Most states in Africa have set up both legal and institutional frameworks to tackle it. Still, it is quite worrisome that this crime is on the increase rather than being abated, as research has shown in Africa. This paper critically examines laws put in place to checkmate human trafficking in Africa through the lens of international human rights standards. It ascertains whether they are effective enough to combat and overreach the sponsors of human trafficking, rescue victims, and bring to justice all the perpetrators and sponsors of this heinous crime. The article identifies some of the theories that are viable tools in understanding the concept and the challenges encountered in the fight against human trafficking. While Nigeria is the focal case study, this paper analyses various cases decided by human rights courts from which learning points are drawn. The paper finds that there exist gaps between international human rights standards and extant laws on human trafficking. In conclusion, interventions addressing Africa-specific trafficking trends like community-based reporting mechanisms, victim support systems and reintegration, addressing gender-based vulnerabilities, strengthening border control, facilitating cross-border collaboration, and harmonization of anti-trafficking laws are recommended to effectively tackle the menace of human trafficking based on international human rights standards.