A Critical Appraisal of the Trafficking in Persons Act, 2011, in Trinidad and Tobago.
By Kevina Ramsook
Trafficking in persons is a global phenomenon and an internationally recognised form of human
rights violation. It essentially involves the movement of individuals by means of force, threats,
coercion or deception for the purpose of exploitation.17 Yvonne Baboolal’s article, “Warning!
There are human traffickers out there,” published in the Guardian newspaper,18 justified that
human trafficking exists in Trinidad and Tobago. Our country is in fact on a United States watch
list ranking as Tier 2, in which this tier is reserved for countries which do not fully comply with
the minimum standards for the elimination of human trafficking but which are making
significant efforts to do so.19 The significant effort Trinidad and Tobago has made to eradicate
trafficking in persons is the fact that an Act targeting human trafficking has finally been
established. This Act is known as the Trafficking in Persons Act, 2011 and would be referred to
in this research as the 2011 Act, or the “Act,” for simplicity. However, the Act is yet to be
implemented as it can only come into force upon proclamation. The Act, though, is a significant
effort made to eliminate human trafficking as it effectively complies with the Protocol to
Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children (also
known as the Trafficking in Persons Protocol) which is the most authoritative, recent,
international instrument concerned and designed for eliminating trafficking in persons. Though
the Act is not enforced, criminal law can be employed to eradicate offences relating to human
trafficking but the Trafficking in Persons Act greatly override those other legislations that can be
used to eradicate human trafficking. This essay, thus would attempt to analyse the reasons why
the Act is effective and should be enforced.
17
This definition is an abridged version of that provided in Article 3(a) United Nations
Trafficking in Persons Protocol.
18
Yvonne Baboolal, ‘Warning! There are human traffickers out there’ Guardian (Trinidad 20
December 2008) 5
19
Human Trafficking in Trinidad and Tobago, ‘Baiganchoka’
accessed 18th January 2013
17