CHAPTER 1

Introduction: International Cooperation

and Anti-Human Trafficking

In 2011, the Cable News Network (CNN) launched a media campaign

against human trafficking, named the Freedom Project. This media pro-
gramme not only brought the reality of modern slavery to the doorstep of
the global public, but undoubtedly, it significantly added value to the
global anti-trafficking movement. The sad stories of victims were continu-
ally being told in different ways beyond the media. The difficulties that
frontline workers face to take their work further to save victims and enforce
laws are nothing new. The laws and policies that are often not enough to
prosecute offenders is a continuous story told by law enforcement and the
criminal justice agents. The existing factors, including cultural practices
that trigger or keep trafficking alive, are gradually becoming known and
well understood by many in the field. The diversity in the trafficking pro-
cesses and the emerging forms of trafficking are illuminated gradually,
while social actors are continually putting pressure on states’ obligation to
evolve and act accordingly. Essentially, the world is becoming awake to the
fact that slavery still lives amongst us despite the notion that transatlantic
slave trade ended centuries ago.
In the last decade, the anti-trafficking movement has gained significant
momentum not just in placing the discourse of human trafficking at the
top of the global agenda, but also in leading the shift towards finding real
solutions to the growing new discoveries of modern slavery today. Such
shifts are evident in recent literature assessing anti-trafficking and the role

© The Author(s) 2018 1

M. Ikeora, Bilateral Cooperation and Human Trafficking, Global Ethics,
https://doi.org/10.1007/978-3-319-62825-7_1
2 M. IKEORA

of key actors in eradicating this contemporary form of slavery.

Notwithstanding, there is still more to uncover not only in terms of the
stories of victims which are well known but by exploring key case studies
that may help us understand how measures for anti-trafficking have
addressed the problem as we see it today and the key factors driving the
status quo. This includes exploring how international cooperation has
evoked the collaboration of states, especially bilaterally. It also includes
how states and other social actors have worked together to adopt key anti-
trafficking approaches to tackle the problem domestically and across their
borders. This book was born out of the need to explore the diversity in
understanding human trafficking as a problem, but it also considers the
best approaches that have been suggested and utilised by many to address
the problem in a cross-border context, which often makes diversity more
complex.
The critical analysis in this book was founded on the premise that
human rights violations are the major causes and consequences of traffick-
ing and that the anti-trafficking measures will continue to fall short until
the concerns of those whom it intends to protect are placed at the fore-
front of current approaches. Whilst a rights-based approach is still giving
rise to burgeoning amount of literature within the anti-trafficking dis-
course, this study contends that it can only be proficient if broadened to
cover the diverse nature and interpretations of human trafficking across
various cultural traditions that often transcends legality. Hence, a human-
centred approach, which in many respects aligns with a cosmopolitan ide-
ology, is introduced to surpass the objective of human rights in the context
of this study. It is emphasised that adopting such a ‘beyond law’ approach
during interaction amongst states can be useful to international coopera-
tion in this instance.
A case study of human trafficking from Nigeria to the United Kingdom
(UK) is utilised as part of moving away from popular cross-border con-
texts that can often be limited in scope, but also explores a source coun-
try that offers more insight into other related destination countries.
Hence, this study sheds more light on the contextual nature of trafficking
that warrants better intervention, including how both states have cooper-
ated in this regard. Ongoing socioeconomic and political factors within
Nigeria and the UK are crucial to understanding the modus operandi
(MO) of human trafficking. Furtherance to the MO, the extent to which
both countries have addressed the current realities of the problem across
their territories, in terms of internalising anti-trafficking measures and
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 3

operationalising their 2004 bilateral cooperation, is also analysed. This

study concludes that anti-trafficking approaches need to move on from
those which are currently identified with the political interest of states to
one geared towards achieving the best outcomes for those at risk/vic-
tims/survivors of trafficking.

A GlobAl PersPective of HumAn

trAffickinG: tHe Definition
In response to the global quandary as to what human trafficking truly is
and what it may constitute, the United Nations (UN) General Assembly
established an intergovernmental, ad hoc committee in December 1998
and charged it with developing a new international regime to fight trans-
national organised crime.1 After 11 sessions involving over 120 participat-
ing states, the ad hoc committee concluded its work in October 2000 with
a regime against human trafficking.2 In order to enable cooperation
amongst states in this issue area, there was a need to agree on what human
trafficking constitutes, so that all states operate on the same basis.
Therefore, the United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children (hereafter,
Trafficking Protocol), supplementing the United Nations Convention
against Transnational Organized Crime (hereafter, Organized Crime
Convention), define human trafficking as follows:

The recruitment, transportation, transfer, harbouring or receipt of persons,

by means of the threat or use of force or other forms of coercion, of abduc-
tion, of fraud, of deception, of the abuse of power or of a position of vulner-
ability 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.3

Three major elements emerge from this definition. First, the ‘act’, which
stipulates what was done; second, the ‘means’, which simply illustrates
how it was done. The means is omitted in a situation where a child is
involved4; and third, the ‘purpose’, which specifies why it was done.
Whilst it is crucial to know these key elements, identifying human traffick-
ing is not that simplistic. In reality, it is often difficult to build a case out
of these elements as situations that amount to trafficking are subtle and
may not have clear links, which makes proving human trafficking difficult
4 M. IKEORA

for prosecution. In a situation where law enforcement authorities inter-

cept a potential case of trafficking, before it gets to the ‘purpose’, they are
unable to build a case based on intent. The same is also the case where
there is often no link between recruitment and exploitation.
Despite the gaps in these key elements within the definition, the
Trafficking Protocol provides the first international definition of traf-
ficking as an explicit law enforcement regime.5 It is certainly an upgrade
from past anti-trafficking laws, which just focused on women and chil-
dren. It marks a significant milestone in the international efforts to com-
bat the problem of human trafficking and to date has attracted I47
signatories.6 The actualisation of its definition was not engendered with-
out critical analysis from scholars and activists. The definition has led to
an increase in literature from scholars in different disciplines who have
critically debated the contents and implications of the Protocol from
different perspectives. Scholars such as Gallagher offer several critical
analysis on the process involved in articulating the Trafficking Protocol.7
This has exposed the uneasiness in reaching a consensus on such a com-
plex issue. The agreed definition was not achieved without states under-
lining key factors that cater to their own interests, most of which were
border security issues, as opposed to the actual human rights issues it
instigates.8 Similarly, scholars such as Jordan further criticise the
Trafficking Protocol for its ‘intentional ambiguity’ as some of the vague-
ness within the definition does not prevent governments from making
their own definitions.9
While the definition of human trafficking can be viewed as a sign of
progress in addressing the issue, some scholars and activists contend that
the way in which the definition has been framed is vague and problem-
atic.10 There have been several debates on the trafficking definition across
its different elements. For instance, it has continually proven difficult to
reach an international consensus regarding the interpretation of ‘exploita-
tion’, given that its severity varies, generating a range of experiences across
victims of trafficking.11 For rescuers of trafficked victims, exploitation may
mean one thing, and to the victim, it means something else. This is often
difficult where victims claim to be aware of the purpose of their recruit-
ment and do not see their exploitative situation as exploitation.
There is the ongoing issue of measuring coercion for adult migrants
who might have been trafficked for sexual exploitation. As it stands, the
Protocol does not break ‘new grounds or grant new rights’ nor signifi-
cantly guarantee the responsibility of states to protect trafficked victims.12
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 5

It has also given ammunition to longstanding debates, including the

ongoing feminist discourse on prostitution/sex work. According to Lee,
despite the constant discussions on the definition, there is very little input
from trafficked survivors as state officials and other powerful groups
remain dominant social actors.13
Notwithstanding, the Trafficking Protocol remains the same with other
regional and national institutions adapting it to suit their various priorities
surrounding their domain. Despite the longstanding debate on the defini-
tion, the existing meaning of human trafficking has been useful in clearly
defining the estimated scale of trafficking and how one categorises them.
Whilst many critics will always welcome an improvement on the defini-
tion, the evolving nature of the crime and its scale makes the process
complex but not impossible. The global scale of human trafficking remains
a massive threat to the global community and perhaps one that keeps the
anti-human trafficking movement relevant.

on A GlobAl scAle
Determining the actual estimate of human trafficking has always been dif-
ficult and that has not changed until date. However, the fact still remains
that the trafficking of human beings is the fastest growing means by which
people are enslaved, the fastest growing international crime and one of the
largest sources of income for organised crime. Human trafficking is the
second largest source of illegal income after drugs trafficking.14 According
to UNICEF, 1.2 million children are trafficked every year. A 2007 report
by the US Department of State Trafficking in Persons estimated that
600,000 to 800,000 men, women and children are trafficked across bor-
ders each year, of which 80% are women and girls.
Another report by the ILO in 2012 estimated that at least 20.9 million
people are victims of forced labour worldwide. Given the evolving nature
of human trafficking and the effect of globalisation in ensuring ease in
functioning across borders, the numbers of those who are victims are
equally growing. Till date, an accurate estimate of the global scale of
human trafficking is non-existent. One cannot deny the difficulty involved
in ascertaining quantitative data in this subject area, where the nature of
the crime is in itself hidden. Despite the limitation of statistics in this
regard, the human experience is paramount across all the various forms
through which human trafficking manifests.
6 M. IKEORA

forms of HumAn trAffickinG

Human trafficking affects both adults and children and takes the form of
sexual exploitation, forced labour, domestic servitude, organ harvesting,
amongst other emerging forms of exploitations.

Trafficking for Sexual Exploitation

This is one of the most discussed forms of trafficking, dominating most
academic literature on the subject. According to the United Nations
Office on Drugs and Crime (UNODC), since sexual trafficking is the
most reported form of trafficking, it has been the most documented in
comparison to other forms of trafficking that require similar attention.15 It
is an overly emphasised area, but does not cease to provoke moral con-
sciousness following “morality tales of women and girls who are sexually
enslaved”.16 In this form of human trafficking, victims are often forced or
coerced into prostitution. Today, sex trafficking has evolved where vic-
tims’ experiences often varies dramatically. Whilst some victims are forced
into prostitution, others are lured with false promises of a job or a better
life in general. Some victims are manipulated through romantic relation-
ships with their exploiters. Exploiters could also be family members and
friends. Either way, the ‘means’ varies and the victim may be in bondage
for days, weeks or even years.
Current reports on human trafficking estimate that 80% of victims traf-
ficked internationally were made up of women and 70% of these women
are trafficked for sexual exploitation.17 The conviction on human traffick-
ing has also been dominated by sexual exploitation offences making up
90% of prosecutions.18 As part of sex trafficking, victims were forced to
engage in all forms of sexual activities as sex workers in brothels, massage
parlours or wherever the trafficker deems fit for such business. Typically,
victims of sex trafficking, especially from Nigeria, incur debt in the process
of trafficking, which they were expected to repay before they could be
freed. This includes monies that had previously been invested to facilitate
their migration and upkeep. The debt is usually outrageous, often ranging
between $25,000 and $40,000, thereby keeping victims in a state of
indebtedness for a long time until the trafficker has no further use for
them.19
Whether within country or across borders, trafficking for sexual exploita-
tion is a major violation of basic human rights, including the rights to bodily
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 7

integrity, torture, freedom and dignity, amongst others. However, human

trafficking is not just about sexual exploitation as the ongoing concentra-
tion on sex and trafficking often undermine the needed focus that should
be directed to other forms of human trafficking that continue to date.

Trafficking for Forced Labour

This form of human trafficking involves “all work and services that is exacted
from any person under the menace of any penalty and for which the said
person has not offered him voluntarily”.20 A menace of penalty includes
threats of physical violence against a worker or relatives, physical confine-
ment and denial of rights.21 According to the 2012 International Labour
Organisation (ILO) global estimate of forced labour, 20.9 million persons
are affected globally, of which mostly adults are victims.22 Similar to sex traf-
ficking, they could also be in debt to their traffickers and having to work to
buy off their freedom. The United Nations Supplementary Convention on
the Abolition of Slavery, the Slave Trade and Practices Similar to Slavery also
prohibits this form of labour debt bondage.23 The actions and outcomes
that constitute forced labour within the Trafficking Protocol could also be
found within the legal parameters of employment systems, hence the ‘con-
tinuum of abuse’ in the mainstream economic sectors.24 However, forced
labour and workers’ exploitation are not the same, due to the physical and/
or psychological trauma associated with forced labour.25

Domestic Servitude
Although sometimes explored separately, domestic servitude often falls
under forced labour where victims are forced to work in private house-
holds. Work often includes being forced to perform household tasks such
as housekeeping and childcare for little or no pay. Sometimes, the victims
have restricted access to movement outside the home where they work.
Children usually fall within this category of exploitation and the pattern
often differs across cultures.26 In many circumstances, they experience
physical violence at the hands of their employers and in extreme cases,
sexual abuse. The Organization for Security and Co-operation in Europe
(OSCE) refers to domestic servitude as “an invisible form of exploitation
which is extremely difficult to detect due to the hidden nature of the work
provided”.27 As a result, domestic servitude cases often go undetected,
thereby lacking substantial data.
8 M. IKEORA

Trafficking for Tissue, Cells and Organs

This emerging form of human trafficking is becoming a growing concern
that feeds into the evolving nature of human trafficking today. This is a
new form of criminal activity that aims to illegally address the long waiting
lists of patients who need organ transplants to save their lives. Traffickers
utilise the opportunity this presents to exploit desperate patients and
potential donors by forcefully or coercively harvesting the organs of their
victims, which is often carried out in clandestine conditions with no medi-
cal attention to keep victims safe. Research shows that it is most promi-
nent in areas in South Africa, India, Brazil and China, generally involving
the illegal trade of body parts through kidnapping, the deceit of people
who are poor and socially marginalised.28 Following the growing rate of
diseases that affect the larger world population today, it means that this
sort of crime will become more lucrative.
A South African case of trafficking in persons for the removal of organs
demonstrates the extent of this crime from just one exploiter. The perpe-
trator admitted guilt to 109 illegal kidney transplant operations, which
took place between 2001 and 2003 alone.29 A similar case was reported in
Kosovo, where six doctors faced charges of illegal organic trafficking with
patients charged up to £76,000 for a kidney. These cases go on to affirm
its emphasis within the global definition of human trafficking.

Exploitation shall include, at a minimum, the exploitation of the prostitution

of others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs.30

Emerging Forms of Human Trafficking

Whilst we are well aware of the traditional forms of human trafficking,
there are other emerging forms of exploitation, which includes the traf-
ficking of babies,31 trafficking for benefit fraud, trafficking for forced
criminality and trafficking for forced and sham marriages, which also
require extensive investigation.32 Concerning forced criminality, evidence
shows that victims are often children who are forced into begging on
streets and used for criminal activities such as theft, shoplifting, pickpock-
eting and so on. They are also forced into drug production and distribu-
tion.33 This form of trafficking is already recognised within the European
Union (EU) Directive (2011/36), which has advanced the definition of
trafficking to cover this form of trafficking as well as urging Member States
to take action accordingly.
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 9

Similarly, European countries such as the UK have identified trafficking

for benefit fraud, identity fraud and related cases of fraud linked to human
trafficking. In one case in the UK, a woman was caught trafficking a baby
for the sole purpose of claiming housing benefit.34 In other similar cases,
victims were forced to open banks accounts or take out loans orchestrated
by traffickers who take the payment from these fraudulent claims and
abandon the victims in destitution.35 Trafficking for sham marriages are
often seen amongst Eastern European women who were recruited with
the promise of well-paid jobs. They are sometimes coerced into marriages
with third-country nationals who seek resident permits to remain in
Europe.36 Although these emerging forms of human trafficking are not as
clearly understood as the conventional forms of human trafficking, they
shed more light on the evolving nature of the crimes as well as offer new
grounds for empirical research in the subject area. Nonetheless, as new
forms of trafficking emerge, they prompt the necessity for new approaches
to tackle the menace, attracting more attention to research aimed at assess-
ing the extent of anti-trafficking.

movinG from tHe stuDy of trAffickinG

to AssessinG Anti-trAffickinG

The Institute for the Study of International Migration (ISIM) found that,
among other gaps in the research on human trafficking, there has been a
limited understanding of the characteristics of victims and their trafficking
trajectories; poor understanding of the operations of traffickers and their
networks; and lack of evaluative research on the effectiveness of govern-
mental anti-trafficking policies and the efficacy of rescue programs.37 This
ISIM report contends that filling these research gaps is pertinent to articu-
lating a more inclusive anti-trafficking approach. Similarly, scholars such as
Bales insist that research in this area should shift from a narrative gauge to
generating better ways to end today’s slavery.38 Quirk also stresses the
timeliness of the latter, supporting the notion that pursuing effective anti-
trafficking measures should be the way forward. Quirk adds that this is the
‘right time’ for scholars to exhaust in-depth research exploring effective
ways to tackle the trafficking of human beings.39
Combating trafficking has also become an increasingly important prior-
ity for many state governments and relevant stakeholders around the
world. As a result, global measures have been put in place to address the
problem. These measures have commenced with the establishment of an
10 M. IKEORA

anti-trafficking regime, which clarifies the principles, norms, rules and

decision-making procedures that guide states into cooperation with one
another. This has led to the creation of different legal instruments address-
ing states’ obligation towards the fulfilment of anti-trafficking objectives.
The year 2000 marked an important year for anti-trafficking through the
adoption of the Trafficking Protocol, which obliges states to take all mea-
sures to Prevent, Protect and Prosecute (3Ps) to end trafficking.40 Today,
these 3Ps have become the fundamental areas of anti-trafficking through
which states can demonstrate the fulfilment of their obligations within the
anti-trafficking regime.
States can also demonstrate their cooperation by adjusting their domes-
tic legislation in line with the principles of the regime. This also includes
adopting bilateral or multilateral agreements to address elements of the
3Ps that require direct joint responsibilities.41 Despite the signing and rati-
fication of the Protocol by Member States, implementation remains a sig-
nificant problem, and as a result, trafficking still continues in its worst
forms. This shortfall does not exist in a vacuum as a number of factors that
forms part of ongoing debates on current anti-trafficking approaches
prompts it.
The crux of the debate on the existing anti-trafficking approaches has
been the conflict between state interest and the human rights of those
affected by human trafficking.42 Many scholars have insisted that for human
trafficking to be suppressed, states have to adopt a human rights-based
approach that protects victims rather than an emphasis on criminalisa-
tion.43 This conflict of approaches resonates in three major typologies as
proffered by Morehouse, including, migration, labour and sex work.44 The
way in which these typologies have been conceived by various states within
the realm of trafficking has been instrumental to the approaches currently
employed to address the problem. This is further complicated where the
victims concerned are non-citizens. As a result, it has contributed to the
inadequacy of existing anti-trafficking measures from a human rights per-
spective. Even though a human rights-based approach has received vast
acceptance amongst scholars and activists, it overlooks a sociocultural lens
that hinders the actualisation of these rights. This gap stems from the
diversity that encompasses the very nature of trafficking across diverse
communities, which often transcends the usual understanding.
Subsequently, it questions the extent to which states have cooperated in
addressing human trafficking, especially within the context of non-Western
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 11

and Western states, which are usually the major source and destination
states, respectively. It is still uncertain as to how states with different iden-
tities—and therefore, different interests—will cooperate in the issue area
where they have a diverse outlook on the issue even though they abide by
the same international anti-trafficking law. This essentially also questions
how states can cooperate beyond the existing legal parameters in order to
address existing realities across their borders, as previously indicated. In
order to promote and enhance interstate cooperation within this issue
area, the Organise Crime Convention made provisions for the monitoring
of states through the establishment of the Conference of Parties (CoP).45
Even with existing monitoring mechanisms (through the European Union
[EU], United States [USA] and the United Nations) to assess the extent
to which states have implemented the 3Ps of anti-trafficking, there has
been little or no attention in terms of assessing how states cooperate bilat-
erally. Anti-trafficking does not only require state responsibilities within its
territory, but also require shared efforts in addressing the problem across
their borders.46 According to the IOM, there have been few independent
evaluations of counter-trafficking measures and the assessments of the real
effectiveness and impact of existing interventions.47
It is against the backdrop of this existing lacuna in the literature explor-
ing anti-trafficking that this book focuses on assessing the extent to which
Nigeria and the UK have cooperated in suppressing human trafficking. As
opposed to many monitoring mechanisms that give a general assessment
of individual states, this study focuses on contextualising the case study
alongside the process of trafficking vis-à-vis its mode of operation. Nigeria
and the UK are source, transit and destination countries. However, within
this study, Nigeria is explored within the context of a source country and
the UK, as a destination country. Their efforts in addressing human traf-
ficking across their territory are explored as a continuum to international
cooperation beyond internalising the legal norms of anti-trafficking. This
study, while supportive of a human rights framework in addressing human
trafficking, also proposes a human-centred approach that addresses the
sociocultural gaps in fulfilling the rights of those affected or at risk of traf-
ficking. Trafficking from Nigeria presents a real case for the current socio-
cultural peculiarities that hinder efforts to address trafficking and human
rights therein. More so, the link between Nigeria and the UK in the opera-
tion of trafficking is one that has not received warranted attention despite
the prevalence of trafficking between both countries.
12 M. IKEORA

HumAn trAffickinG from niGeriA to tHe uk

In the last few years, trafficking from Nigeria to the UK has become a
growing concern. It has become more obvious especially since the UK
introduced its National Referral Mechanism (NRM). The NRM was
established as a way to properly identify victims of trafficking and estimate
the scale of trafficking in the UK. Based on the NRM and the National
Crime Agency report, Nigeria has consistently maintained top five posi-
tions as a major source country for human trafficking.48 For instance, a
2011 report by the Serious Organised Crime Agency (SOCA) estimated
that out of 2077 victims referred into the NRM process from 75 coun-
tries, over 11% of them came from Nigeria.49 In 2016, 3805 potential
victims were identified, of which 243 potential victims were from Nigeria.50
Given the hidden nature of the crime and the fact that referral to the NRM
is not mandatory, it is assumed that the current figures only reflect the tip
of the iceberg.
One of the major issues in relation to trafficking from Nigeria to the
UK is the issue of victim identification and its implication for the counter-
trafficking efforts. Although there is evidence for the high rate of Nigerian
victims referred to by the UK ‘first responders’51 as trafficked, the NRM
system is sometimes unable and/or does not conclude that these persons
are trafficked for the most part, due to the complexities of cases from
Nigeria. Although the 2016 NRM report did not make clear how many
Nigerians received a positive conclusive decision out of the 243 referred,
the 2013 NRM report produced by SOCA showed that although the
referrals of Nigerian citizens topped the list of the national referral statis-
tics with 206 (17%) of the total number of referrals), only 21 were con-
cluded as trafficked.52 These disproportionate figures stems mainly from
the fact that the profile of victims from Nigeria was not conventional and
surpasses the expertise of designated competent authorities that tend to
assess them.53 In many cases, the mode of operation of trafficking from
Nigeria engenders a smokescreen of normality that makes it difficult to
ascribe victimhood to those identified.
Victims from Nigeria may sometimes not experience physical violence
and may not be closely guard by their trafficker, as seen with scenarios of
European victims; they may also not work in massage parlours and some-
times may not be locked up in a room; these are common indicators along
which UK authorities construct victimhood of referred persons. However,
these victims are often overwhelmed with fear that keeps them under the
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 13

control of their traffickers and forces them to protect the identity of their
traffickers. This control mechanism as seen with Nigerian cases stems from
traditional ‘life threatening’ oath-taking rituals performed on victims from
Nigeria usually during the recruitment process. Hence, these victims are
unable to give evidence to support their identification process through the
NRM. The inability of trafficked persons from Nigeria to give the required
evidence that would help to formally confirm their status as victims as well
as the inability of UK practitioners to understand these traditional/cul-
tural control mechanisms has led to the denial of rights assigned to traf-
ficked persons.
The element of traditional oath-taking ritual associated with trafficking
from Nigeria and the lack of understanding of the element by UK stake-
holders has made anti-trafficking more challenging. Such a challenge has
constrained the human rights of these victims as they are only entitled to
protection in the UK after a positive conclusive ground decision by the
NRM is achieved.54 Without the proper identification of victims, there is a
possibility for criminalisation where some of these victims have committed
crimes out of duress. The latter has often led to the detention and depor-
tation of trafficked victims. Furthermore, the lack of identification also
potentially hinders investigations and the prosecution of traffickers.
Altogether, this challenges the quest to counter trafficking, as the denial of
human rights becomes a hindrance towards developing clearer measures
for implementing the 3Ps in this context.
In addition, the aforementioned problem is made complex by the poli-
tics attached to anti-trafficking. This is apparent in the approach applied
by states to deal with the issue. From the UK side, the migration approach
currently utilised by its government to address trafficking from non-EU
countries appears to pursue its national interest behind the façade of pro-
tecting rights. Consequently, such an approach has not just done little to
address human trafficking effectively, but has also increased the vulnerability
of victims and hindered the prosecution of traffickers. As predicated within
international human rights law, the UK has a responsibility to exercise due
diligence in ensuring that persons within its territory are well protected.55
However, scholars such as Hathaway assert that the anti-trafficking legal
regime has allowed for “significant collateral human rights damage” by
gratifying states’ interest in pursuing their border control agenda under
the cover of promoting human rights.56
Nevertheless, such state responsibility does not lie solely on destination
countries but also on source countries. While it is important to protect the
14 M. IKEORA

rights of those already exploited, there is a real danger where source coun-
tries do not cooperate to address the root causes of trafficking. According
to Chuang, “eliminating the ‘vicious cycle’ of trafficking requires an
approach that frames the problem within a broader socioeconomic con-
text while targeting the root causes of the issue”.57 The inability of the
Nigerian government to respect, protect and fulfil the rights of its citizens
has been detrimental not just for the victims but for the countries that will
bear the burden of addressing the exploitation it breeds. It is against this
backdrop that this study offers a deeper understanding of the evolving
concept of trafficking and critically assesses how Nigeria and the UK have
devised measures to tackle the reality of the problem by asking these key
questions.
Research Question: To what extent have Nigeria and the UK cooper-
ated to combat the prevalence of human trafficking across their borders?

Sub-questions
1. How does the different conceptualisation of trafficking impinge
upon the policies put in place to address trafficking?
2. To what extent has the anti-trafficking regime made provisions for
tackling human trafficking and enabling cooperation amongst states?
3. What is the MO of trafficking between Nigeria and the UK?
4. Based on the current MO of human trafficking between Nigeria and
the UK, how have both countries effectively addressed the problem
that trafficking presents across their borders?

metHoDoloGy: WHy niGeriA AnD tHe uk?

There has been an enormous amount of focus on studies of individual
countries or comparative case studies and less on exploring trafficking as a
process between countries. The UK and Nigeria were purposefully selected
to illustrate the process of trafficking and elucidate how crucial factors
existing in each country decisively influence the process of trafficking and
measures employed to tackle it. Nigeria was selected as a source country
and the UK as a destination country. Both countries have been selected for
four major reasons, amongst others. First, there has been a clear preva-
lence of trafficking from Nigeria to the UK, as current statistics from the
UK shows. Second, there is a consensus on the challenge that Nigeria
poses to global anti-trafficking as a source country. However, empirical
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 15

studies have focused mainly on Southern Europe as major destination

countries, undermining other prominent destination countries.58 As a
result, there has been limited effort assigned to deterring trafficking
between these countries of study. Third, trafficking between Nigeria and
the UK encompasses the different forms of trafficking and is not limited
to sexual exploitation as other studies have shown.59 Exploring the UK as
a destination country allows for a broader investigation of trafficking that
includes domestic servitude, which is often missing in the literature on
trafficking from Nigeria. The UK is home to an estimated 800,000
Nigerians, making a clear case for a significant migrant network that may
be favourable for trafficking.60 Fourth, the existence of an anti-trafficking
bilateral agreement signed by both countries presents an opportunity for
better analysis for assessing broader international cooperation within the
anti-trafficking regime.
This study utilised a qualitative research method to gather the data
utilised for analysis. The complexity of human trafficking and the need for
rich and detailed information contributed to the decision to utilise qualita-
tive data collection methods in this research. This was achieved through
exhaustive primary, secondary and tertiary sources ranging from books,
journals, reports, Internet resources, case law review, policy paper, legal
instruments and semi-structured interviews. Through the Freedom of
Information (FOI) Act 2000, key documents such as the ‘Memorandum
of Understanding between Nigerian and the UK in addressing trafficking
in human beings’ and other relevant documents were requested from the
appropriate authorities.

fielDWork/intervieWs
Fieldwork took place in two locations (the UK and Nigeria) and com-
menced in July 2011 and continued till July 2012, with some follow-up
interviews in 2017 to update previous findings. Specifically, fieldwork in
Nigeria took place in three states for strategic reasons—Edo state, for its
prominence as a source of trafficked persons; Lagos, prominent for its
international migratory route; Abuja, where major organisations and gov-
ernment agencies relevant to this study reside. The research had to employ
a sampling process so that data collection was more targeted to key infor-
mants for this research. This study targeted law enforcement/criminal jus-
tice authorities, social workers, NGOs, survivors/victims of human
trafficking, amongst other frontline workers in both the UK and Nigeria.
16 M. IKEORA

These target groups were crucial to gathering the needed data for this
study through semi-structured interviews.
However, not all these targets were accessible or easy to reach. As one
can imagine, one of the most challenging factors when researching in the
field of human trafficking is that most of the population relevant to the
study constitutes so-called hidden population.61 In order to reach these
respondents, a snowball sampling or chain referral sampling seemed
appropriate. This non-probabilistic sampling technique was used within
this study to identify potential subjects, especially where subjects were
hard to locate.62 In order to reduce selection bias inherent in this method,
multiple entry points for snowball initiation were utilised to reduce reli-
ance on some key respondents.63
Forty-six respondents were interviewed for this study using semi-
structured interview technique. Almost all interviews were tape-recorded
and transcribed accordingly. After every interview, the interviewee signs a
consent form. Despite the number of potential key respondents identified
for interview, this study was not able to reach most of the respondents due
to last-minute cancellations, no response, while some just declined a meet-
ing due to the time consumption of speaking to research students. In
some instances, responses from key respondents have been significantly
delayed. The process of carrying out interviews in Nigeria was a typical
case. Even though meetings with respondents in Nigeria were well
arranged prior to arriving in Nigeria, there were significant glitches in
keeping to the fieldwork plan. Fieldwork in Nigeria was not short of inci-
dences of redundant protocols in accessing some government institutions
that were not only time-consuming, but also capital-intensive.
As predicted, identifying survivors/victims for interview was difficult
due to various reasons, mainly around ethics. Most of the victims in the
care of some NGOs were still in their recovery period, during which time
they were bombarded with all manners of enquirers including law enforce-
ment authorities. NGOs that support them [i.e. the victim] were sceptical
towards adding more researchers to the equation. The researcher was able
to identify some Nigerian adult survivors in the UK who were no longer
in the formal care system. In order to ensure a more representative data
collection from victims, case laws files and second-hand victims’ testimo-
nies from reports were substituted. In Nigeria, the researcher was able to
speak to some survivors of human trafficking repatriated back to Nigeria,
but could not identify any survivors returned from the UK. Notwithstanding,
interviewing these survivors in Nigeria provided an insight into the repa-
triation process in Nigeria relevant for data analysis.
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 17

tHe PlAn of tHis book

This book is divided into three distinct sections following a top-to-bottom
approach in analysing how human trafficking needs to be addressed. The
first section sets the foundation for the book, exploring the global scope
of the subject matter in terms of the problem and the solution that has
been put in place for international cooperation. The second section puts
the former into context by utilising the case study of trafficking from
Nigeria to the UK to understand the mode of operation of cross-border
trafficking and how both countries have independently dealt with it. The
third section addresses how both states have literally cooperated with each
other, and concludes with practical recommendations that would be useful
to both states towards achieving their common objectives of eradicating
human trafficking across borders.
Section one, which is entitled “The global perspective of anti-
trafficking and international cooperation”, sets the basis for the argu-
ment in this book. It builds from the scope and global nature of the
problem of human trafficking as illustrated in the introductory chapter of
this book into analysing the perspectives of human trafficking and the
approaches that they provide. In so doing, Chap. 2 examines diverse
perspectives of human trafficking set against the backdrop of human
rights as a cause and consequences of human trafficking. The human
rights perspective is the only perspective to human trafficking that
touches upon all sides of the problem, whether from the economic stand-
point that often originates from state neglect to provide socioeconomic
means that triggers trafficking or the migration standpoint that often
undermines the rights of victims due to the priority of national interest.
The importance and dynamism of human rights gave birth to the ‘human
rights approach’ or ‘right-based approach’, which many scholars and
activists have validated as the best way to address trafficking today.
However, this chapter finds that whilst the human rights approach is
undoubtedly a useful tool, it can often be limited in dealing with the
actual need and grievances of those it aims to protect (the human beings
who are at risk/victims/survivors). Human rights still suffers the issue of
statism in its application, which is often backed by international law. This
often promotes the vicious cycle seen in addressing human trafficking,
where the claims of rights do not reach the threshold of actualising the
end result for anti-trafficking, which really means safeguarding victims to
the point where they are truly survivors.
18 M. IKEORA

In reality, we see variables within the discourse of forced labour, prosti-

tution and migration that conflict with human rights. It is for this reason
that this chapter argues for the extension of the human rights approach
towards adopting one that is more ‘human-centred’ enough to claim
rights which stem from scenarios that are often beyond legal comprehen-
sion. The human-centred approach as coined within this chapter aligns
with a cosmopolitanism idea, which underscores the diversity that compli-
cates transnational anti-trafficking approach in the form of international
cooperation. In Chap. 3, the anti-trafficking regime is explored from the
perspective of international and regional laws and also examines why and
how states cooperate against the backdrop of regime theory. This chapter
sets the basis for the cross-border context of this book. Where interna-
tional law obligates states to cooperate in an issue area such as human
trafficking, in reality, it is no news that international cooperation has been
flawed by the diverse motivation for states to cooperate. This chapter
examines why and how states have cooperated in the anti-trafficking
regime using regime major theories within the realism, liberalism and con-
structivism ideologies. In support of learning, knowledge and diversity
that aligns with a human-centred approach examined in Chap. 2, Chap. 3
leans more to the constructivist standpoint for international cooperation.
Constructivists approach the anti-trafficking regime from a post-positivist
viewpoint that considers learning and knowledge, which sets a contextual
articulation of the cooperating states in a way that possibly promotes com-
pliance. In other words, it considers the identity of states, the actual prob-
lem of trafficking and how both states view the problem in order to find
the right solution.
It is for this reason that the next section entitled “Putting trafficking
into context: a cross-border perspective” aims to examine the problem of
human trafficking and the extent to which the reality is being addressed
through the case study of human trafficking from Nigeria to the UK. In
this section, the MO of human trafficking between Nigeria and the UK is
examined in Chap. 4 as part of understanding the true nature of traffick-
ing across both borders. Through empirical evidence derived from field-
work, this chapter shows how trafficking transpires from the source
country to the destination country at three stages of ‘recruitment’, ‘trans-
portation’ and exploitation. The recruitment stages exposes the Nigerian
criminal network, which does not resemble the usual criminal network
one tends to see in European and Asian cases where the networks are
clearly more organised. The way victims are sourced from Nigeria and the
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 19

methods used to keep them in bondage are informal but bonded by cul-
tural underpinnings as seen in many cases used in this book. The involve-
ment of family members and victims themselves in the process offers an
unusual understanding into the process that offers a dimension to traffick-
ing that does not awaken the usual moral sentiments that engenders the
scenario of abduction and physical harm. The use of ‘juju contract’ is
examined from an African traditional religious perspective that explains
the power of such control mechanism in cases of trafficking from Nigeria.
Victims are usually transported legally or illegally to the destination coun-
tries where they are exploited for prostitution, domestic servitude and
forced labour. A number of cases are used to demonstrate how Nigerian
victims are exploited and also why they are often missing in the system
when it comes to concluding that they are actually victims. This chapter
identifies a key problem that stems from the peculiarity of trafficking in
Nigeria that UK authorities may often miss out in identifying victims of
trafficking. It offers the basis for a human-centred approach to find real
solutions to the root causes of this problem, which should essentially
inform how Nigeria and the UK address trafficking as a source and desti-
nation country respectively.
Both Nigeria and the UK are source, transit and destination countries,
but for the purpose of this study, they are explored for the role they play in
this context. Chapter 5 examines the extent to which Nigeria is addressing
trafficking as a source country. As a major source country for human traf-
ficking to Europe and other parts of the world, Nigeria poses enormous
threat to global anti-trafficking. However, as part of cooperating and
showing its commitment to ending slavery and human trafficking, Nigeria
has ratified the necessary legal instruments including the Organised Crime
Convention. As a result, in 2003, the Trafficking in Persons (Prohibition)
Law Enforcement and Administration Act (hereafter, NAPTIP Act) was
enacted, which gave birth to the Nigerian anti-trafficking agency called
NAPTIP. While Nigeria has continued to enhance its response to human
trafficking through this agency, there is still a long way to go in terms of
ensuring that the existing national law operates on a zero tolerance prin-
ciple to trafficking through penalties that are more stringent and that laws
are thoroughly enforced. This chapter identified key factors that are
responsible for the gap we still see in trafficking from Nigeria today includ-
ing the human rights neglect by the Nigerian government, which renders
people vulnerable to trafficking in the first place. However, when persons
are trafficked from Nigeria, it is in the UK that the exploitation takes place.
20 M. IKEORA

Therefore, Chap. 6 examines UK’s response to Nigerian victims of traf-

ficking that comes to the attention of the authority. Like Nigeria, the UK
has shown its commitment to international cooperation for anti-trafficking
by ratifying the relevant international laws against human trafficking.
In 2015, the UK enacted the Modern Slavery Act, which became the
first independent law the UK has ever created for anti-trafficking that led
to a new Anti-Slavery Commission. Before this new law, the UK inte-
grated laws against trafficking across its national laws like the Sexual
Offence Act amongst others. Trafficking suffered limited prosecution due
to the insufficiency of the law to thoroughly prosecute offenders for the
crime of trafficking. However, the new law breaks new grounds not just in
tightening and extending the penalties for human trafficking, but also in
broadening the responsibilities of stakeholders including those in the sup-
ply chain industry. Since the Modern Slavery Act 2015 and its strategies
are still new, this chapter based empirical analysis on the gaps that it hopes
the new law will practically enforce. The UK has always valued the human
rights approach to anti-trafficking, and in many cases, it is at the forefront
of its operation. However, when it comes to migrant victims as seen in
Nigerian cases of trafficking, the conflict with its anti-migration agenda
sets in. This is compounded by the inability of frontline practitioners to
ascribe victimhood to Nigerian victims due to a lack of understanding of
the peculiarities of trafficking in the context. Due to the limitation in iden-
tifying victims and the priority to protect borders, Nigerian victims have
missed out on protection and support and faced criminalisation that may
sometimes lead to deportation and in some cases re-trafficking. Prevention
programmes are often limited, short-term and often lack the right coordi-
nation mechanism both within the UK and in Nigeria. This therefore sets
the basis for interstate cooperation between Nigeria and the UK towards
playing key agreed roles to addressing human trafficking together across
their borders.
Section three of this book which is entitled “Cooperating for anti-
trafficking: a case study” examines how the UK and Nigeria have explored
bilateral cooperation in this regard. In 2004, Nigeria and the UK signed a
Memorandum of Understanding (MoU) to fight against human traffick-
ing. In Chap. 7, the MoU is reviewed in light of how both countries cur-
rently collaborate. Apart from the structural factors that hinder
collaboration, the agreement also suffers the possibility of being forgotten
and the fact that both countries place very different priorities on their
problem. This chapter practically illustrates the importance of mutual
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 21

understanding in negotiating future collaborations so as to help bring

rights that are situated and contextually meaningful to Nigerians in need
of protection in the forefront of their bilateral relations. It concludes with
the hope that the current plan of the UK Anti-Slavery Commissioner will
resurrect the MoU towards a fresh and more directed collaboration that
will make a real difference. Chapter 8 concludes this book by encapsulat-
ing the learnings from this study by articulating the inherent problem of
trafficking from Nigeria to the UK.  It reiterates the fact that the anti-
trafficking regime can only make a difference once it begins to operate
beyond a law enforcement framing. It adds that the diversity inherent in
the case study used in this book as well as the identified gaps can only be
tackled through a shared understanding by both states while considering
their history, culture and sociopolitical underpinnings. The chapter ends
by offering actionable recommendations that aim to address the gaps
identified with the primary objective of putting human beings at the heart
of anti-trafficking response.

notes
1. Transnational Organized Crime, G.A.  Res. 53/111, U.N.  GAOR, 53rd
Sess., 85th plen. mtg., U.N. Doc. A/RES/53/111 (1998).
2. Report of the Ad Hoc Committee on the Elaboration of a Convention
against Transnational Organized Crime on the work of its first to eleventh
session United Nations General Assembly—Fifty-fifth session, Agenda
item 105, Crime prevention and criminal justice (2 November 2000) UN
Doc A/55/383.
3. United Nations Protocol to prevent, suppress and punish trafficking in
persons, especially women and children, supplementing the United
Nations Convention against Transnational Organized Crime, 2000 [here-
after referred to as the Trafficking Protocol] article 3.
4. Trafficking Protocol 2000, article 3(c).
5. Elizabeth Bruch, ‘Models Wanted: The Search for an Effective Response
to Human Trafficking’ (2004) 40 Stanford Journal of International Law,
p. 14.
6. UNODC, International Framework for Action to Implement the
Trafficking in Persons Protocol (UNODC 2009).
7. Anne Gallagher, ‘Human Rights and the New UN Protocols on Trafficking
and Migrant Smuggling: A Preliminary Analysis’ (2001) 23 Human Rights
Quarterly No 4, pp. 975–1004.
8. Anne Gallagher, 2001.
22 M. IKEORA

9. Jordan, Ann D. (2002): ‘The Annotated Guide to the Complete UN

Trafficking Protocol’, International Human Rights Law Group,
Washington.
10. Anne Gallagher, 2001; Jordan 2012; ATMG etc.
11. Bridget Anderson, Julianne, O’Connell Davidson, Is Trafficking in Human
Beings Demand Driven? A Multi-Country Pilot Study (IOM Research
Series No.15, IOM 2003) 12.
12. See Gallagher, ‘Human Rights and the New UN Protocols on Trafficking’
(n 10).
13. Maggi Lee, ‘Contested Definitions of Human Trafficking’ (2010) [online]
available at: http://www.ungift.org/doc/knowledgehub/resource-cen-
tre/Lee_Trafficking_CH_01.pdf (Accessed 13 March 2013).
14. Patrick Belser (2005) ‘Forced Labour and Human Trafficking: Estimating
the Profits’ Working Paper, International Labour Office.
15. UNODC, Global Report on Trafficking in Persons (UNODC 2009) 6.
16. Maggi Lee, Trafficking and the Global Crime Control (Sage Publications
2011) 39.
17. ILO, Global estimate of forced labour (ILO 2012). This publication refers
to estimates of adults in forced labour as being15.5 million.
18. Nicola Piper, ‘A Problem by a Different Name? A Review of Research on
Trafficking in South-East Asia and Oceania’ (2005) 43 International
Migration, No. (1/2) 203.
19. Human Rights Watch (HRW), ‘Owed Justice: Thai Women Trafficked
into Debt Bondage in Japan’ (1 September 2000) [online] available at:
http://www.refworld.org/docid/3bdffcf91.html (Accessed 9 June
2013).
20. Forced Labour Convention, 1930 (No. 29) Article 2(1) “For the purposes
of this Convention the term forced or compulsory labour shall mean all
work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself voluntarily”
[as emphasised in original document]; Convention concerning Forced or
Compulsory Labour (Entry into force: 01 May 1932).
21. ILO, A Global Alliance Against Forced Labour, Report of the Director-
General, 93rd Session, Report I (B) (ILO 2005) 5.
22. See ILO, ‘Global estimate of forced labour’ (n 18).
23. Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery, 1956, Article 1 (a); See
also Organization for Security and Co-operation in Europe (OSCE)
Annual Report (2009) 36. [Online] available at: http://www.osce.org/
secretariat/67759 (Accessed 5 April 2012).
24. See Lee, Trafficking and the Global Crime Control (n 17) 42; see also
Peter Andreas, ‘Smuggling Wars: Law Enforcement and Law Evasion in a
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 23

Changing World’ (1998) 4 Transnational Organized Crime p. 72; See also

Bridget Anderson, Motherhood, Apple Pie and Slavery: Reflections on
Trafficking Debates (COMPAS Working paper 2007).
25. As the ILO observes, “Forced labour cannot be equated simply with low
wages or poor working conditions. Nor does it cover situations of pure
economic necessity, as when a worker feels unable to leave a job because of
the real or perceived absence of employment alternatives” see ILO, ‘A
Global Alliance Against Forced Labour’ (n 22) 5; Bridget Anderson and
B. Rogaly, Forced Labour and Migration (Study prepared by COMPAS in
collaboration with the Trades Union Congress 2005) 18.
26. Research Paper on Trafficking in Human Beings for Domestic Servitude in
the OSCE Region: Analysis and Challenges Report of the Tenth Alliance
against Trafficking in Persons Conference “Unprotected Work, Invisible
Exploitation: Trafficking for the Purpose of Domestic Servitude”, Vienna,
17–18 June 2010.
27. Research Paper on Trafficking in Human Beings for Domestic Servitude in
the OSCE Region: Analysis and Challenges Report of the Tenth Alliance
against Trafficking in Persons Conference “Unprotected Work, Invisible
Exploitation: Trafficking for the Purpose of Domestic Servitude”, Vienna,
17–18 June 2010.
28. Scheper-Hughes indicated that it is most prominent in areas in South
Africa, India, Brazil and China etc. generally involving the illegal trade of
body parts, for example, through kidnapping, the deceit of people who are
poor and socially marginalised. See Nancy Scheper-Hughes, ‘Global Traffic
in Human Organs’ (2000) 41 Current Anthropology No. 2; See also Jean
Allain, ‘Trafficking of Persons for the Removal of Organs and the Admission
of Guilt of a South African Hospital’ (2011) 19 Medical Law Review
pp. 117–122; For definition, see WHO, Organ trafficking and transplanta-
tion pose new challenges (2004) [online] available at: http://www.who.
int/bulletin/volumes/82/9/feature0904/en/ (Accessed 13 March
2012).
29. See The State v. Netcare Kwa-Zulu (Pty) Limited published in 2011.
30. Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons.
31. See the case study of Pastor Gilbert Deya and his ‘miracle babies’ in
Mwangi Githahu, ‘Kenya—Clergyman Denies Baby Trafficking Charge’
The Nation (15 August 2004) [online] available at: http://www.religion-
newsblog.com/8365/clergyman-denies-baby-traf ficking-charge
(Accessed 13 March 2012); The Nigerian police recently raided a home
allegedly being used to force teenage girls to have babies that were then
offered for sale for trafficking or other purposes. See The Telegraph,
‘Nigerian ‘baby factory’ raided and 32 teenage girls freed’ (1 June 2011)
24 M. IKEORA

[online] available at: http://www.telegraph.co.uk/news/worldnews/afri-

caandindianocean/nigeria/8550792/Nigerian-baby-factory-raided-and-
32-teenage-girls-freed.html (Accessed 13 March 2012).
32. For example, the UK uncovered a case from Nigeria regarding a woman
who trafficked a baby in other to acquire benefits. BBC News Online,
“Woman jailed for smuggling baby” by June Kelly 16 May 2008, [online]
available at: http://news.bbc.co.uk/2/hi/uk/7404090.stm (Accessed
15 October 2013).
33. See the indicators for THB for forced criminality in Council of the European
Union, Note on Handbook on trafficking in human beings—indicators for
investigating police forces, 14630/2/14 REV2, Brussels, 18 March 2015.
http://www.consilium.europa.eu/en/meetings/jha/2015/10/
outcome-of-the-council_en_pdf/
34. See “Nigerian woman bought a baby for £150 to qualify for a council
house in Britain” by Rebecca Camber and Beth Hale in the Mail Online
http://www.dailymail.co.uk/news/article-566751/Nigerian-woman-
bought-baby-150-qualify-council-house-Britain.html#ixzz4hiyzVbRs
(Accessed 20 May 2017).
35. Europol, The THB Financial Business Model. Assessing the Current State of
Knowledge, July 2015, p.  10. https://www.europol.europa.eu/sites/
default/files/publications/europol_thb_finacial_business_mod el_2015.pdf
36. Europol, Marriages of convenience. A link between facilitation of illegal
migration and THB. Early Warning Notification, 2014/8. https://www.
europol.europa.eu/content/marriages-convenience-link-between-facilita-
tion-illegal-immigration-and-thb. See also EU FRA, Addressing forced
marriage in the EU: Legal provisions and promising practices, 2014, fra.
europa.eu/.../fra-2014-forced-marriage-eu_en.pdf.pdf; Europol,
Situation Report Trafficking in human beings in the EU, 2015. Document
No: 765175.
37. Elzbieta M. Gozdziak and Micah N. Bump, Data and Research on Human
Trafficking: Bibliography of Research-Based Literature. Institute for the
Study of International Migration (ISIM), Walsh School of Foreign Service,
Georgetown University, 2008, 4.
38. Kevin Bales, Ending Slavery: How we Free Today’s Slaves (University of
California Press, 2007).
39. Joel Quirk, ‘New Approaches to Combating Modern Slavery’ (2009) 31
Human Rights Quarterly, Number 1, p. 258.
40. Trafficking Protocol 2000, article 2(a–c).
41. Organised Crime Convention 2000, article 1.
42. Anne Gallagher, ‘Human Rights and the New UN Protocols on Trafficking
and Migrant Smuggling: A Preliminary Analysis’ (2001) 23 Human Rights
Quarterly No 4, p.  975; James Hathaway C., ‘The Human Rights
 INTRODUCTION: INTERNATIONAL COOPERATION AND ANTI-HUMAN… 25

Quagmire of Human Trafficking’ (2008) 49 Virginia Journal of

International Law (1) pp. 1–59.
43. Jonathan Todres, ‘Widening Our Lens: Incorporating Essential Perspectives
in The Fight Against Human Trafficking’ (2011) 33 Mich. J.  Int’l L.
pp. 53–75; Tom Obokata, Trafficking of Human Beings from a Human
Rights Perspective: Towards a Holistic Approach (Martinus Nijhoff
Publishers 2006).
44. Morehouse, Combating human trafficking (n 43) 75.
45. Organize Crime Convention, Art. 32. Sub-section 1 states that “A
Conference of the Parties to the Convention is hereby established to
improve the capacity of States Parties to combat transnational organized
crime and to promote and review the implementation of this Convention.”
46. See Trafficking Protocol 2000, article 2(c).
47. Janie Chuang, ‘Beyond a Snapshot: Preventing Human Trafficking in the
Global Economy’ (2006) 13 Indiana Journal of Global Legal Studies Issue
1, p. 156.
48. The five most common countries of origin of potential victims of traffick-
ing were Romania, Slovakia, Nigeria, Poland and the Czech Republic. This
is based on a report by the UKHTC in 2011. UKHTC: A Baseline
Assessment on the Nature and Scale of Human Trafficking in 2011, August
2012: Serious Organised Crime Agency (SOCA). See also National
Referral Mechanism Statistics—End of Year Summary 2016, Published
29th of March 2017.
49. Ibid. Nigeria was ranked one of the top five source countries for
trafficking.
50. National Referral Mechanism Statistics—End of Year Summary 2016, p. 5.
51. First responders are the agencies who will refer the child onto the National
Referral Mechanism. For children, a first responder may be: a local author-
ity; the UK Border Agency (UKBA); the police; the Serious Organised
Crime Agency (SOCA); Barnardo’s; the NSPCC’s Child Trafficking
Advice Centre (CTAC); an agency who deal predominantly with adults
who have been trafficked (such as Gangmasters Licensing Authority, The
Poppy Project, TARA, Migrant Help, the Medaille Trust, Kalayaan and the
Salvation Army).
52. The author’s interpretation of the National Referral Mechanism Statistics
Report between January and December 2012—Serious Organised Crime
Agency (SOCA).
53. Lorena Arocha, The Wrong Kind of Victim: One Year On—An Analysis of
UK measures to Protect Trafficked Persons (The Anti Trafficking
Monitoring Group (ATMG) and Anti-Slavery International 2010).
54. Conclusive grounds decision—Following a positive reasonable grounds
decision, the competent authority is required to make a second identifi-
26 M. IKEORA

cation decision to conclusively decide if the child is a victim of traffick-

ing. The competent authority will consider whether, on the balance of
probabilities, there is sufficient information to conclude that the child
has been trafficked. This decision is usually made within 45 days of the
reasonable grounds decision; however, sometimes, this may take longer
because of the levels of trauma experienced by some victims and the
impact of this on their health. See NSPCC factsheet—The National
Referral Mechanism (NRM) (August 2013) available [online] at http://
www.nspcc.org.uk/Inform/resourcesforprofessionals/childtrafficking/
national_referral_mecha nism_wda84858.html (Accessed 20 October
2013).
55. The agreed articulation of those rules is contained in the International Law
Commission’s draft articles on responsibility of states for internationally
wrongful acts with commentaries, Official Records of the General
Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10).
56. James Hathaway C., ‘The Human Rights Quagmire of “Human
Trafficking”’ (2008) 49 Virginia Journal of International Law (1) pp. 1–59.
57. Janie Chuang, ‘Beyond a Snapshot: Preventing Human Trafficking in the
Global Economy’ (2006) 13 Indiana Journal of Global Legal Studies,
Issue 1, p. 156.
58. May-Len S. and Marianne T., “Mission Impossible? Voluntary and Dignifie
Repatriation of Nigerian Victims of Trafficking” in Thanh-Dam Truong,
D.  Gasper (eds.) Transnational Migration and Human Security: The
Migration-Development-Security Nexus (Springer 2011).
59. UNICRI, Trafficking of Nigerian Girls to Italy; Report of Field Survey in
Edo State, Nigeria (UNCRI 2004).
60. Alexis Aronowitz, Human Trafficking, Human Misery: The Global Trade
in Human Beings (Praeger 2009).
61. Guri Tyldum and Anette Brunovskis, ‘Describing the Unobserved:
Methodological Challenges in Empirical Studies on Human Trafficking’
(2005) 43 International Migration Issue 1–2, pp. 17–34.
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Methodological Challenges in Empirical Studies on Human Trafficking’
(2005) 43 International Migration Issue 1–2, pp. 17–34.