NIALS 8th Inaugural Lecture Series: Full Text of Prof Fatima Waziri-Azi’s Lecture on, “The Interplay Between Corruption and Human Trafficking Epidemic: Implications and Solutions For Nigeria”

By Prof Fatima Waziri-Azi L L B (ABU), B L (Lagos), LL M (Miami), Ph D (Pittsburg h)

Introduction

Over the past decades, combating human trafficking remains the objective for many anti-human trafficking actors. In interrogating human trafficking, researchers have engaged with questions concerning the causes of trafficking and why it keeps thriving. However, questions integral to understanding the interplay between corruption and human trafficking and how corruption impedes counter human trafficking measures have not been interrogated enough.

This is obviously linked to the very nature of human trafficking, which is clandestine. The difficulty in distinguishing human trafficking from its associated criminal activities is one factor for the limited research in this area.1 Also, law enforcement officers would never openly speak about the role they played in being complicit because of fear of losing their jobs and prosecution. Despite these limitations, realities on the ground clearly indicate that corruption plays an important role in facilitating and fostering the crime of trafficking in persons.

Coming from an anti-corruption background, I have remained curious about this relationship, hence the reason for the topic for my inaugural lecture today: “The Interplay between Corruption and Human Trafficking Epidemic: Implications and Solutions for Nigeria”.

Having researched and published on the subject of anti- corruption for over 10 years, I have consistently examined issues of corruption from different dimensions to improve the criminal justice administration in Nigeria.

I have progressively published on the need for the establishment of specialized corruption courts in Nigeria as perhaps a remedy for the prosecution of high-profile corruption cases; the scope of in rem forfeiture under Nigerian law; facilitation payment under the Foreign Corrupt Practices Act (FCPA) of the United States and its effect in promoting corruption in Nigeria; compliance with the Administration of Criminal Justice Act, 2015 in prosecuting high profile corruption cases in Nigeria; online asset declaration and its implication for the fight against corruption in Nigeria, to mention a few.

Working with the Presidential Advisory Committee Against Corruption (PACAC) from 2016 to 2018,2 I was in a position which enabled me influence and contribute to several key policies and documents including the whistleblower policy, the first National Anti-Corruption Strategy; Asset Recovery Strategy; Corruption Information Intelligence Sharing Protocol; Plea Bargain Manual; Corruption Case Management Manual; Recommended Framework for the Management and Administration of Recovered Stolen Assets; Federal Sentencing Guidelines for High Profile Corruption aan Other Related Economic Offences; Guidance Notes on Non-Conviction and Conviction Based Forfeiture; Nigerian Anti-Corruption Data Manual; and Understanding Unexplained Wealth Orders Under UK Criminal Finances Act of 2017.

As the Senior Special Assistant to the Former President Muhammadu Buhari on Rule of Law in the Office of the Vice President, I provided advisories on interventions in the area of anti – corruption and criminal justice sector reform with a view to strengthening the rule of law through enhanced accountability, transparency and fairness of the justice system. Finding myself in the human trafficking space and the privilege of serving as Director-General of National Agency for The Prohibition of Trafficking in Persons (NAPTIP) for close to 3 years, I couldn’t resist integrating some anti-corruption initiatives into our operations to enhance accountability and transparency in our counter human trafficking approaches. One of the earliest steps we took in December 2021 was inaugurating the NAPTIP Anti-Corruption Transparency Unit (ACTU), development of the NAPTIP Code of Conduct on Anti-Corruption Policy Handbook and sensitization of management staff on the standing orders of the Federal Government that established ACTUs

in Ministries, Departments and Agencies (MDAs).

As a result of all these efforts in 2022, NAPTIP moved from the 168th position to 18th position out of 368 on the ICPC Ethics and Integrity Score Card for MDAs. Other complementary policies have also been developed that is, the NAPTIP Service Charter and Code of Conduct for NAPTIP officers.

In translating our zero policy for corruption into action in May 2023, 5 NAPTIP officers, including a Deputy Director, were dismissed for various corrupt practices including for the first time the conviction of a law enforcement officer for being complicit in the crime of human trafficking. NAPTIP continues to evolve to ensure that incidences of corruption within its system are reduced to its minimum.

Conceptualizing the Problem

Research on the nexus between corruption and human trafficking all lead to the same conclusion; that corruption is indeed an operational enabler and facilitator of human trafficking. And from experience, corruption truncates counter trafficking efforts which manifests in different forms like obstruction of justice by internal and external factors within the criminal justice ecosystem involving a large scale of people, weakening institutions and creating greater income inequality, to facilitating the crime, and to creating disincentives for government officials to comply with anti-human trafficking policies.4

The relationship between corruption and human trafficking provides the needed unified structure for addressing social justice issues. The United Nations Convention against Corruption (UNCAC) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol) supplementing the United Nations Convention against Transnational Organized Crime (UNTOC) provide frameworks to deal with these issues, but in isolation.

The OECD Guiding Principles on Combatting Corruption related to Trafficking in Persons5 recognize the need to embrace a comprehensive approach against corruption related to trafficking in persons and, for this reason, they cover a broad range of equally important issues in the realm of prevention and enforcement. The principles further stress the importance of designing strategies that address issues of corruption and trafficking in persons in a coordinated way.

Human trafficking is understood to refer to the process through which individuals are placed or maintained in an exploitative situation for economic gain within or outside the borders of the country of origin. Human trafficking is one of the most profitable criminal enterprises in the world, generating $150 billion yearly.6

Recognizing the need for effective counter human trafficking measures, the United Nations General Assembly adopted the Palermo Protocol.7 UNTOC and the Palermo Protocol, which entered into force in 2003, are understood as evidence of a collective commitment to the unwavering fight against human trafficking and protecting victims, including protecting their internationally recognized human rights.8 The Protocol outlines a set of three broad anti-human trafficking policies; the prevention of the crime, the protection of victims, and the prosecution of traffickers.

In 2021, the Global Organized Crime Index9 suggested that human trafficking has become the most pervasive criminal economy in the world–a development that serves as a dark reminder of the dehumanizing impact of organized crime.10 However, the results of the 2023 edition of the same report show financial crimes to be the most pervasive illicit economy in the world, pushing human trafficking to second place among the criminal markets.11 The report further highlights that human trafficking has not declined and that it has in fact increased since 2020.

One of the key findings of a 2021 UNDP report is that corruption and various contemporary forms of slavery are closely linked and have an adaptive and self-expanding relationship.12 Trafficking in persons cannot take place at a profitable scale without corruption. To exploit victims, perpetrators need to cultivate complicit officials across the trafficking chain. In parallel, trafficked individuals many times constitute new targets from whom corrupt officials can also extract bribes.

It is challenging to however estimate the scale of human trafficking, largely because of the hidden nature of some types of the human trafficking crime and difficulties in identifying victims. There are, however, global estimates on the scale and scope of human trafficking.

In May 2023, International Labour Organization (ILO) and Walk Free Foundation, in partnership with the International Organization for Migration (IOM) published the Global Slavery Index. The report estimates that 50 million people were living in modern slavery on any day in 2021, an increase of 10 million people since 2016.14 28 million were in forced labor, over 12 million of all people in modern slavery are children, and women and girls account for over half of them that is 54%, the report highlights.

The report further estimates that on any day in 2021, there were 1.6 million individuals living in modern slavery in Nigeria.15 Within the African region, Nigeria was ranked fifth out of 51 countries in terms of prevalence of modern slavery,16 and 38 out of 160 countries globally.

Despite the enormity and scale of this crime, most victims are never identified, few offenders, especially high-profile offenders, are ever convicted. The 2022 Global Report on Trafficking in Persons17 highlighted that in the year 2020, a 27% reduction in the number of convictions was recorded globally compared to 2019. Although the report alludes to the fact that the global slowdown in convictions accelerated during the COVID- 19 pandemic, the same report also stated that the number of convictions has been decreasing since 2017.

Corruption is increasingly recognized amongst researchers as a key facilitator that perpetuates the continuation of human trafficking,18 yet this is neglected in the development and implementation of anti-human trafficking policies and measures. Corruption facilitates trafficking and enables the flow of people by weakening counter human trafficking measures and promotes impunity. For the business of human trafficking to thrive, it feeds off a broken system and relies on exploiting llega loopholes, collusion with law enforcement, judicial complications, and trafficker impunity.

Corruption is collective rather than simply individual, going beyond private gain to encompass broader interests and benefits within political systems. Corruption is a symptom of wider governance dynamics and is likely to thrive in conditions where accountability is weak. It is this collective and systemic character of corruption that makes it so entrenched and difficult to address.19 The 2023 Global Slavery Index Report identified corruption and complicity impeding efforts to combat modern slavery in 36 out of the 51 countries.20 While almost all countries have criminalized corruption, there were reports that official complicity in modern slavery cases were not investigated in 19 countries.

In the same token, another study observed that a strong correlation exists between corruption and human trafficking and further posited that countries with high levels of institutional corruption were more likely to have high levels of human trafficking within their territory.21 Recognizing corruption as a key facilitator for human trafficking that continues to enable the exploitation of victims and the culture of impunity amongst duty bearers, a greater understanding of the interconnection between these issues and the attendant consequences can further strengthen efforts to reduce corruption that allows human trafficking to fester.

Implementing counter human trafficking initiatives will continue to fail if proper structures for the prevention and prosecution of corruption activities remain weak, so a targeted strategy to tackle corruption in trafficking in persons must be devised; anti-trafficking and anti- corruption circles must begin to scale the integration of their work approaches.

Transparency International in its 2011 Working Paper laid emphasis on the fact that the issues of corruption and human trafficking tend to be tackled independently without recognizing their inter-linkages and that only by addressing them together will efforts to stop trafficking be more successful.22 Aligning with this line of thoughts, it is important to state that because of the interconnected nature of corruption and human trafficking and other like shared root causes, facilitative relationship, cross-border nature, compromised legal systems, and resources, these issues can certainly not be addressed in silos.

Defining Human Trafficking

International agreement on what constitutes trafficking in persons dates back to the year 2000 when the first agreed definition of trafficking was incorporated into the Palermo Protocol, which has since been incorporated into many other legal and policy instruments and national laws.

In 2000, Nigeria signed UNTOC and the Palermo Protocol and ratified both documents in 2001. In 2003, after the coming into force of UNTOC and the Palermo Protocol in line with Article 5 of the Protocol23, Nigeria enacted the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act of 2003, which established NAPTIP. The Act was amended in 2005 and further re-enacted as the Trafficking in Persons (Prohibition) Enforcement and Administration (TIPPEA) Act, 2015.

Trafficking in persons is defined to 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. The definition further list exploitation to 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.

The TIPPEA Act, 2015 in its definition of trafficking in persons adopted the definition of the Protocol but expanded the term exploitation to include pornography and, buying and selling of human beings25 while unpacking forced labor to specifically criminalize the employment of a child as domestic worker.

For an act to qualify as human trafficking, it must have three key elements, that is: Act–recruitment, transportation, harboring, or receipt of a person; Means– threat, force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of a victim; Purpose–solely for exploitation. When it involves a child, it is human trafficking, even if the means of threat, force and other tactics are not used.

From the definition, human trafficking is a value chain that does not require the crossing of an international border. The definition covers internal and cross-border trafficking. Also, trafficking does not always require movement. It identifies movement as just one possible way that the action element can be satisfied. Terms such as “receipt” and “harboring” mean that trafficking does not just refer to the process whereby someone is moved into situations of exploitation; it also extends to the maintenance of that person in a situation of exploitation.

Legal Framework for Combatting Trafficking In Persons

The legal framework for combating trafficking in persons is multifaceted and encompasses international, regional, and national laws. These laws provide the foundation for a collective response to transnational crime of human trafficking. At the international level, key instruments such as the Palermo Protocol establish a common understanding of trafficking in persons and outlines the obligations of states to prevent and combat it. Regionally, various agreements play a crucial role in addressing trafficking in persons by setting comprehensive measures to prevent trafficking, protect victims, and prosecute traffickers.

At the national level, countries enact laws and policies to implement their international and regional commitments and address the specific challenges faced in combating trafficking in persons. These laws typically criminalize trafficking-related activities, establish mechanisms for identifying and assisting victims, prevent human trafficking and provide for the prosecution and punishment of traffickers Legislative Guide for the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, pg 28-33.

 

International Framework

United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others Approved by the General Assembly in 1949 and entered into force on 25 July 1951. Although “trafficking” is not explicitly defined in the Convention, it however provides for the punishment of anyone who procures, entices or lead away, for purposes of prostitution, another person, even with the consent of that person; or exploit the prostitution of another person, even with the consent of that person.

 

Universal Declaration of Human Rights

Adopted by the UN General Assembly on 10 December 1948 and establishes that no one shall be held in slavery or servitude; slavery and that the slave trade shall be prohibited in all their forms” and that everyone has the right to the free choice of employment.

ILO Forced Labor Convention

Adopted by ILO in June 1930 and is the first international legal instrument defining forced and compulsory labour and listing possible exceptions. Forced or compulsory labour is defined as all work or service which is exacted from any person under the menace of any penalty and for Article 23(1).

which the said person has not offered himself voluntarily. In June 2014, the ILO International Labour Conference voted to adopt a Protocol and a Recommendation which supplement the Forced Labour Convention, 1930 (No. 29), in order to provide guidance on effective measures to be taken regarding prevention, protection and remedy to eliminate all forms of forced labour.

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime Adopted in 2000 as a supplement to UNTOC. This Protocol provides a comprehensive definition of human trafficking and outlines measures for prevention, protection, and prosecution. It emphasizes the importance of international cooperation and the protection of victims’ human rights. Under Article 2, the purposes of the Protocol are: to prevent and combat trafficking in persons, paying particular attention to women and children; protect and assist the victims of such trafficking, with full respect for their human rights; and promote cooperation among States Parties in order to meet those objectives.

UN Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Adopted by the United Nations General Assembly in 2000 and entered into force on 18 January 2002. It requires parties to prohibit the sale of children, child prostitution and child pornography.31 The Protocol defines the conduct prohibited and must be considered together with Article 3, which lists acts that, as a minimum, should be “fully covered” by the criminal or penal legislation of States Parties.

 

UN Optional Protocol on the Involvement of Children in Armed Conflict

The United Nations General Assembly adopted the treaty as a supplementary Protocol to the Convention on the rights of the child by resolution 54/263 on 25 May 2000. Also known as the child soldier treaty, it is a multilateral treaty whereby states agree to prohibit the conscription into the military of children under the age of 18; ensure that military recruits are not younger than 16; and prevent recruits aged 16 or 17 from taking a direct part in hostilities. The treaty also forbids non-state armed groups from recruiting anyone under the age of 18 for any purpose.

 

ILO Convention on the Worst Forms of Child Labour Adopted by ILO in 1999 as ILO Convention No 182. It is one of eight ILO fundamental conventions. By ratifying this Convention No. 182, a country commits itself to taking immediate action to prohibit and eliminate the worst forms of child labour, including slavery, child prostitution, use of children in criminal activities, and dangerous labour.

 

ILO Convention on the Minimum Age for Admission to Employment, 1973 (No 138)

The aim of the Convention is the effective abolition of child labour, which is work that is hazardous to children’s health, safety or morals, work that interferes with compulsory education or for which they are simply too young. It requires countries to: establish a minimum age for entry into work or employment, and establish national policies for the elimination of child labour. The Convention states that the minimum age for work is 15 years old. The minimum age for light work is 13 years old, and the minimum age for hazardous work is 18 years old, or 16 under certain conditions. The Convention also states that countries should gradually increase the minimum age to match the physical and mental development of young people.

 

ILO Domestic Workers Convention

The Convention offers specific protection to domestic workers. It lays down basic rights and principles, and requires states to take a series of measures to make decent work a reality for domestic workers. Under the Convention, domestic workers are entitled to the same basic rights as those available to other workers in their country, including weekly days off, limits to hours of work, minimum wage coverage, overtime compensation, social security, and clear information on the terms and conditions of employment.36

 

Regional Framework

Joint ECOWAS/ECCAS Regional Plan of Action to Combat Trafficking in Persons, Especially Women and Children

The Regional Plan of Action mandates member states to adopt and implement the laws and administrative structures needed to support UNTOC and its supplementing Protocol, governing international co- operation and assistance in preventing, investigating and prosecuting cases of trafficking by organized criminal groups; and adopt legal provisions for the protection of victims of trafficking, and ensure that their domestic legal systems contain measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.

African Charter on the Rights and Welfare of the Child The Charter aims to protect the private life of the child and safeguard the child against all forms of economic exploitation and against work that is hazardous, interferes with the child’s education, or compromises his or her health or physical, social, mental, spiritual, and moral development.

 

ECOWAS Regional Action Plan for the Elimination of Child Labour, Especially the Worst Forms

This is a framework to help member countries fulfill their obligations under international conventions and protect children’s rights. The plan includes measures to: Ensure children receive adequate investment, develop programs to protect children’s well-being, and Combat child trafficking. The Action Plan also aims to strengthen institutional capacity, promote decent work, and mobilize resources. The Action Plan helps ECOWAS countries meet their obligations under conventions such as: ILO Convention No. 138 on the Minimum Age for Admission to Employment; ILO Convention No. 182 on the Elimination of the Worst Forms of Child Labour; The UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child.38

 

National Framework

1999 Nigerian Constitution

The Constitution provides for constitutional protection against slavery, forced labour, sexual exploitation and deprivation of personal liberty of Nigerians. Section 17 provides that the state social order is founded on ideals of freedom, equity and justice and that the sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced. It further provides that the state shall direct its policy towards ensuring that children and young persons and the aged are protected against any exploitation whatsoever and against moral and material neglect.

Section 34 provides that no person shall be subjected to torture or to inhumane treatment or to degrading treatments; no person shall be held in slavery; and no person shall be required to perform forced or compulsory labour except for the purpose as provided for under sub- section 34 (2)(a)-(e). Section 42(2) provides that, No Citizen of Nigeria shall be subjected to any disability or deprivation merely because of the circumstances of his birth.

 

TIPPEA Act

The Act which provides for the establishment of NAPTIP, criminalizes all acts involved in the recruitment, transportation within or across Nigerian borders, purchases, sale, transfer, receipt or harboring of a person, involving the use of deception, coercion or debt bondage for the purpose of placing or holding the person whether or not in voluntary servitude (domestic, sexual or reproductive) in forced or bonded labour or in slavery like conditions.

 

Labour Act 2004

The Act applies to all workers and to all employers of labour with the exception of armed forces, the police, prisons and Intelligence Agencies. Section 59(2) of the Labour Act provides that a person under 15 years of age shall not be employed or work in industrial undertakings. However, section 59(1) of the same Act, states that, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural or domestic character”.

 

Child’s Rights Act 2003

The Child Rights Act is a specific law and the most comprehensive law in Nigeria today for the protection of the rights of the child. Most of its provisions were inspired by the Convention on the Rights of the Child (CRC) and the ILO Convention 182. Under international norms, section 277 of the CRA defines a child as a person below the age of 18 years. Section 14 of the CRA states a child must not be separated from his or her parents against their will, except where it is in the best interests of the child.

Trafficking of a child for any purpose, whether with or without the consent of the parents, is a clear violation of the child’s right to parental care, protection and maintenance. Some elements of trafficking in persons, such as exploitative labour and the unlawful removal of a child from the lawful custody of another, are also covered under the Act. Section 28 of the Act prohibits exploitative and forced labour of children, employment of children in any capacity except where the child is employed by a member of the family on light work of an agricultural or domestic nature. Section 30 of the Act also prohibits the buying, selling, hiring or otherwise dealing in children for the purpose of hawking or begging for alms or prostitution.

Violence Against Persons Prohibition Act, 2015

The Act eliminates violence in private and public life, prohibit all forms of violence against persons to provide maximum protection and effective remedies for victims and punishment of offenders and for other related matters. Offences in the Act includes several forms of exploitation including rape, inflicting physical injury, coercion, offensive conduct, female genital mutilation, harmful widowhood practices, stalking, intimidation.

Multiple Forms of Human Trafficking

Human trafficking takes on multiple forms, each more insidious than the last. At its core, human trafficking encompasses the exploitation of human beings for profit. Including but not limited to: sex trafficking which is the most widely recognized form of human trafficking, affecting mostly women and children; labor trafficking, which involves the exploitation of workers and children through forced labor, whether in factories, farms, construction sites, or domestic households, individuals are subjected to grueling work conditions, and minimal or no pay; and organ trafficking, which not only violates the most fundamental rights of individuals but also raises profound ethical questions about the value placed on human life.

Forms of human trafficking criminalized under the TIPPEA Act include: forced labor, child labor, forced prostitution, exploitative labor and other forms of exploitation, slavery and slavery-like activities, bonded labor, organ harvesting, procurement or recruitment for use in armed conflicts and sale and purpose of persons.

Nigeria’s Response to Human Trafficking Following Nigeria’s signing and ratification of UNTOC and the Palermo Protocol, in 2003 Nigeria enacted the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act of 2003, which established NAPTIP, Nigeria’s focal anti-human trafficking law enforcement agency. NAPTIP is responsible for coordinating the nation’s crime prevention and law enforcement resources to tackle human trafficking. NAPTIP operates zonal commands, state commands and liaison offices in 33 states and the FCT and 14 shelters across the country.

The functions of the NAPTIP are extensive and are as follows:

Enforce and administer the provisions of the TIPPEA Act 2015;

Coordinate and enforce all other laws on trafficking in persons and related offences;

Headquarters in the FCT, Lagos Zonal Command, Benin Zonal Command, Enugu Zonal Command, Sokoto Zonal Command, Uyo Zonal Command, Kano Zonal Command, Maiduguri Zonal Command, Osogbo Zonal Command, Makurdi Zonal Command, Anambra State Command, Rivers State Command, Cross River State Command, Bayelsa State Command, Gombe State Command, , Ondo State Command, Imo State Command, Kaduna State Command, Katsina State Command, Kebbi State Command, Kwara State Command, Plateau State Command, Yobe State Command, Jigawa State Command, Zamfara State Command, Ogun State Command, Bauchi State Command, Abia State Liaison Office, Adamawa State Liaison Office, Ekiti State Liaison Office, Nasarawa State Liaison Office, Oyo State Liaison Office, Taraba State Liaison Office.

Section 5, TIPPEA ACT

Adopt effective measures for the prevention and eradication of trafficking in persons and related offences;

Establish coordinated preventive, regulatory and investigatory machinery geared towards the eradication of trafficking in persons;

Investigate all cases of trafficking in persons including forced labour, child labour, forced prostitution, exploitative labour and other forms of exploitation, slavery and slavery-like activities, bonded labour, removal of organs, illegal smuggling of migrants, sale and purchase of persons;

Encourage and facilitate the availability and participation of persons who voluntarily consent to assist in investigations or proceedings relating to trafficking in persons and related offences;

Enhance the effectiveness of Law Enforcement Agents and other partners in the suppression of trafficking in persons;

Create public enlightenment and awareness through seminars, workshops, publications, radio and television programmes and other means aimed at educating the public on the dangers of trafficking in persons;

Establish and maintain communications to facilitate rapid exchange of information concerning offences under the Act;

Conduct research and strengthen effective legal means of international cooperation in suppressing trafficking in persons;

Implement all bilateral and multilateral treaties and conventions on trafficking in persons adopted by Nigeria;

Strengthen cooperation and conduct joint operations with relevant Law Enforcement and Security Agencies, International Authorities and other relevant partners in the eradication of trafficking in persons;

Co-ordinate, supervise and control the protection, assistance and rehabilitation of trafficked persons; and all functions and activities relating to investigation and prosecution of all offences connected with or relating to trafficking in persons;

Adopt measures to identify, trace, freeze, confiscate or seize proceeds, property, funds or other assets derived from trafficking in persons or related offences;

Conduct research on factors responsible for internal and external trafficking in persons and initiate programmes and strategies aimed at the prevention and elimination of the problem;

Facilitate rapid exchange of scientific and technical information concerning or relating to trafficking in persons;

Collaborate with government bodies both within and outside Nigeria whose functions are similar to those of the Agency in the areas of the movement of proceed or properties derived from trafficking in persons and other related offences; identities, location and activities of persons suspected of being involved in trafficking in persons and other related offences; and exchange of personnel and other experts;

Establish and maintain a system for monitoring trans-border activities relating to trafficking in persons in order to identify suspicious movements and persons involved;

Deal with matters connected with the extradition and deportation of persons involved in trafficking in persons and other mutual legal assistance between Nigeria and any other country in trafficking in persons, subject to the supervision of the Minister;

Initiate, develop and improve special training programmes for personnel of the Agency and relevant law enforcement agents charged with the responsibility of detecting offences created under the TIPPEA Act 2015; and Carry out such other activities as are necessary for the efficient discharge of the functions conferred on it under the TIPPEA Act 2015.

The enforcement powers of the agency under section 6 of TIPPEA Act include:

Investigate whether any person, body or entity has committed an offence under this Act or the offence of trafficking under any other law;

Enter into any premises, property or conveyance for the purpose of conducting searches in furtherance of its functions under this Act or under any other law;

Arrest, detain and prosecute offenders under this Act or any other law on trafficking in persons in Nigeria;

Trace, seize, detain or retain in custody, for the purpose of investigation and prosecution, of any property which the Agency reasonably believes to have been involved in or used in the commission of offences under this Act or any other law;

Seal up premises upon reasonable suspicion of such premises being involved with or used in connection with offences under this Act; and Seek and receive information from any person, authority, corporation or company without hindrance in respect of the enforcement of any of the provisions of this Act.

In responding to the crime of human trafficking, the first step is to recognize the enormity of the problem which cannot be tackled in silos. What this means is that anti-trafficking strategies have to be embedded in every policy area, and this includes addressing those socio- economic factors that make the human trafficking business fester and the strengthening of institutional response to these crimes. Nigeria’s response to human trafficking will be assessed across NAPTIP’s 5 prong strategic approaches of prevention, protection, prosecution, partnership and policy.

Prevention

NAPTIP uses strategic tools such as workshops, media campaigns, grassroots sensitization, awareness campaigns, capacity building and research to inform and sensitize the public on what human trafficking is, know how to identify it and how to respond appropriately. These strategies are important because it promotes early intervention, leads to vulnerability reduction by making it difficult for traffickers to exploit people; and changes perceptions and attitudes because it not only targets potential victims but also potential traffickers. It further acts as a deterrent, dissuading people from engaging in criminal activities.

With several sensitization activities, NAPTIP deepens awareness campaigns in collaboration with Civil Society Organizations (CSOs), Faith-Based Organization (FBOs) and Community-Based Organizations (CBOs) on human trafficking, to deter the crime. This includes awareness creation in the form of grassroots sensitization, press briefing, radio/television programmes, jingles, awareness rallies, public lectures, workshops, enlightenment campaigns in markets, schools, churches and motor parks. Other preventive efforts include research into diverse areas to bring up policy positions, and training of NAPTIP and other law enforcement agencies on strategies to combat the crime. Some specific preventive interventions by the Agency include:

NAPTIP on the Move, a weekly half hour docuseries television program targeted at educating the public on the acts and trends of human trafficking and violence against persons, and to encourage reportage of these crimes. The program airs every Friday, at 7:30pm on NTA International.

Sustained public enlightenment activities in schools, motor parks, border communities, and other endemic areas.

Community dialogues and engagements with various groups at the grassroots for mobilization against human trafficking, including National Union of Road Transport Workers (NURTW), religious groups, traditional rulers, religious leaders, community leaders, youth leaders, women groups.

Establishment of a Training Resource Centre for continuous capacity building programmes for all key stakeholders.

Establishment of Anti-Trafficking in Persons and Violence Against Persons Brigades, Vanguards and Clubs in primary schools, secondary schools and universities, respectively. These platforms are intended to increase the capacity of students to identify and report incidents of human trafficking and sexual and gender-based violence in and outside school and raise a generation of young people empowered to advocate against these crimes and promote safe migration as an option.

Sustained social media campaign against trafficking in persons on Facebook, X (Formerly known as Twitter), Instagram and Youtube.

Establishment of the NAPTIP Drama Club to intensify awareness campaign on TIP and VAPP through stage dramatic performances, production of movies and short films.

Production and airing of jingles in English, pidgin and other indigenous languages on TV and radio stations to sensitize Nigerians on the ills of human trafficking in the society.

Annual commemoration of the World Day Against Trafficking in Persons on 30th July Sensitization of airline operators, tour operators and travel agencies on the ills of human trafficking.

 

Protection

Protection comprises all actions and activities deployed towards the rescue, counseling, rehabilitation and re- integration of victims of human trafficking into the society. Section 61 of the TIPPEA Act provides that NAPTIP must ensure that a trafficked person is not subjected to discrimination on account of race, color, gender, sex, age, language, religion, including their status as a victim of trafficking or having worked in the sex industry. Some actions include:

Rescue and Rehabilitation of victims of trafficking and providing counselling and psycho-social support, legal assistance, medical support, educational, vocational empowerment programmes and job placement.

Remodeling and continuous improvement of the Agency’s 14 shelters to provide quality services to victims of trafficking;

Training and certification of officers of the Counseling and Rehabilitation Department in order to professionalize social work in the Agency and improve the quality of protection services delivered by the Agency.

Development of Protocol for Identification, Safe Return and Rehabilitation of Trafficked Persons

Development of the National Policy on Protection and Assistance to Trafficked Persons in Nigeria Development of Guidelines for the Protection of Children in Formal Care Development of Minimum Standards and Guidelines for Service Providers Rendering Assistance to Victims of Trafficking.

Prosecution

In the arrest and prosecution of traffickers, NAPTIP investigates and prosecutes all forms of human trafficking as provided for in the TIPPEA Act. Other law enforcement agencies like the Police and NIS also contribute significantly in the interception and arrest of some.

The Agency has received over 22,000 victims of trafficking since its inception to date. It is key to note that out of the numerous numbers enrolled in formal education by NAPTIP, 19 victims of trafficking sponsored by the Agency through various universities in Nigeria have graduated. 3 of such have been employed by the Agency. In 2023 2 victims were employed and 1 in 2024 suspected human traffickers, whom they sometimes refer to NAPTIP for further investigation and prosecution. The following successes have been recorded:

Re-enactment of the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015 which provides stiffer punishment for trafficking in persons offenders.

Prosecution of cases which has led to 669 convictions including Mutual Legal Assistance cases.

Constant training and retraining of investigators and prosecutors on anti-human trafficking investigation and prosecution techniques.

Capacity building of Judges of Federal and State High Court on the TIPPEA Act 2015.

Constitution of a cybersecurity response team dedicated to tackling online child exploitation, child sexual abuse materials and sextortion.

 

Partnership

Partnership is fundamental in the fight against human trafficking because no government agency or country can tackle this crime on its own because of the multi- dimensional nature of the crime. Which is why counter trafficking efforts must emphasize on strengthening partnership within and outside the borders of a country.

Nigeria operates a unique model of public-private partnership in the protection of victims as both state and non-state actors operate shelters that provide support to victims of human trafficking. Using the Guidelines on National Referral Mechanism for Protection and Assistance to Trafficked Persons in Nigeria (NNRM, victims are referred across duty-bearing institutions to access specialized cares offered by these Organizations.

 

NAPTIP collaborates with local, regional and international stakeholders and sustains these relations through various collaborative platforms like the quarterly Embassy Liaison Meeting, Annual National Stakeholders Consultative meetings, Partners Meetings; regular one-on- one meeting as the need arises. Nigeria has signed several Bi-Lateral Agreements and MOU to prevent, suppress and punish trafficking in persons, especially women and children, with several countries to strengthen mutual cooperation to stem trans-border trafficking.

NAPTIP’s robust partnership has led to the following outcomes:

Infusion of trafficking in persons issues into the curricula of basic and senior secondary schools in Nigeria in collaboration with National Educational Research and Development Council (NERDC).

Mainstreaming of trafficking in persons issues into the minimum standards of Colleges of Education.

Joint investigations and prosecutions between European states and ECOWAS Member States.

Collaboration with neighboring countries like Cameroon, Benin Republic, Chad and Niger Republic to stem trans-border trafficking.

Collaboration with the British Government to establish a Joint Border Task Force for enhanced intelligence-led detection and mitigation of human trafficking between Nigeria and the UK.

Collaboration with IOM towards the evacuation and reception of stranded Nigerians (including trafficked persons) in different countries including Mali, Saudi Arabia, United Arab Emirates and Libya.

Convergence of the National Stakeholders Consultative Forum on Trafficking in Persons to periodically assess the level and effectiveness of human trafficking intervention efforts.

Partnership with Western Union for enhanced intelligence, investigation and prosecution of money flow of human traffickers across the globe.

Partnership with Meta to launch the Amber Alert on Facebook and Instagram.

Partnership with the United States National Center for Missing and Exploited Children (NCMEC) on responding to, and investigating cybertipline reports, child sexual abuse materials and sextortion.

Partnership with the human rights platform, a Turkish-based human rights group to curb the operations of human trafficking syndicates operating between Nigeria and the Turkish Republic of Northern Cyprus (TRCN)

Establishment of State Taskforces in 23 states of the Federation in partnership with the state government.47

Coordination of Boot Camps for State Task Force, a collaborative initiative that presents a significant lifeline to the existence and interventions of the State Task Forces.

Policy

Policies are needed to guide interventions and Nigeria has consistently developed policy frameworks to guide counter-trafficking activities. The foremost and cardinal approach to the fight against trafficking in persons deployed by the Agency is the development of policies.

Akwa Ibom, Anambra, Benue, Borno, Cross River, Delta, Ebonyi, Ekiti, Enugu, Jigawa, Kaduna, Kano, Katsina, Kwara, Lagos, Nasarawa, Ogun, Ondo, Oyo, Plateau, Rivers, Taraba, Yobe.

The Boot camps is a peer review mechanism amongst STFs to cross- pollinate ideas, learn from each other and gives States ownership of the counter trafficking activities instead of leaving it only to the Federal Government towards the elimination of the crime. Some of which include:

NAPTIP Communication and Policy Strategy: Serves as a principal roadmap for the execution of NAPTIP’s communication agenda as a function of its role as the national focal institution for combating human trafficking in Nigeria.

Guidelines on National Referral Mechanism: Provides baselines for the referral of human trafficking cases, particularly rescued victims of human trafficking from NAPTIP to other organizations within Nigeria and vice versa.

Standard Operating Procedure for Investigation and Prosecution of Human Trafficking Cases: This itemizes the standard operational procedures in the handling of human trafficking cases among agencies on concurrent duties on human trafficking.

Standard Operating Procedure for the Coordination of law enforcement response to Trafficking in Persons in Nigeria: The need to enhance greater collaboration among Law Enforcement Agencies in crime prevention especially in detection and prevention of Human Trafficking crime led to the development of this document which is designed to engender synergy among law enforcement agencies in crime management, reduce bureaucracy experienced in inter-agency cooperation and provide a referral pathway in dealing with human trafficking cases in Nigeria.

National Policy on Protection and Assistance to Trafficked Persons in Nigeria approved by the Federal Executive Council in 2008, and 2022: Regulates the treatment of victims by caregivers and social workers who have concurrent duties on issues regarding trafficking in persons. It also provides information on the rights and privileges of victims of trafficking in persons.

Guidelines for the Protection of Children in Formal Care: Provides regulations for caregivers offering protection services to children in formal care.

NAPTIP Training Policy: Guides the capacity building and development of NAPTIP personnel for better service delivery. This was followed by the development and publishing of anti-trafficking training curriculum, modules and policy to guide the training of personnel of the Agency and those from sister law enforcement agencies.

Strengthening and coordinating the implementation of Regional and international treaties on TIP: NAPTIP oversees the implementation of all mutual legal agreements between Nigeria and other countries and international bodies. Some of the treaties include UNTOC, Palermo Protocol, Cotonou Accord, ECOWAS/ECCAS Agreement, Ouagadougou Plan of Action, etc.

Protocol for Identification, Safe Return and Reintegration of Trafficked Persons: The Protocol stimulates an arrangement in destination countries that will foster cooperation and linkages between Law Enforcement Agencies and social service providers to provide care and support to victims of Trafficking, training and enlightenment to relevant stakeholders and encourage mutual cooperation in investigation of human trafficking cases.

Publication of Nigeria Country Reports on Human Trafficking 2019 and 2022: It serves as a repository of knowledge on human trafficking for future planning by government and stakeholders for better programming in tackling issues of human trafficking in the country.

Trafficking in Persons (Control of Activities of Organizations and Centres) Regulations, 2019. The Regulation is part of a comprehensive national response to human trafficking, empowering NAPTIP to regulate the activities of certain organizations and centers; and to issue clearance certificates for the purposes of educational excursions; recruitment for labor; sporting activities; cultural, music excursions or competitions, among others.

Standard Operating Procedure for the Coordination of Law Enforcement Agencies and Stakeholders’ Response on Implementing the Violence Against Persons Prohibition Act of 2015 in the FCT.

Standard Operating Procedure for the Coordination of Law Enforcement Response to Human Trafficking and Violence Against Persons in Nigeria.

Standard Operating Procedure for Implementing the Trafficking in Persons Control of Activities of Organizations and Centers, Regulation 2019

Minimum Standards and Guidelines for Service Providers Rendering Assistance to Victims of Trafficking: Sets benchmarks for service providers engaged in aiding victims, functioning as an indispensable guide for sheltering facilities, social workers, and professionals within the human trafficking eco-system.

Standard Reporting Handbook on Trafficking in Persons in Nigeria for Journalists: Creates a comprehensive information repository and provide guidance for journalist for reporting issues of human trafficking in Nigeria.

National Action Plan on Human Trafficking in Nigeria (2022-2026): To strengthen policy framework and response to human trafficking in Nigeria and enhance coordination between State and Non-State Actors in responding to human trafficking and to align strategic anti-trafficking actions in Nigeria with international standards.

NAPTIP Gender Policy: To strengthen gender mainstreaming into NAPTIP’s operations and programming, including legislations, policies, procedures and institutional resources.

NAPTIP Code of Conduct on Anti-Corruption: Internal governing system and mechanism for effective system control, to ensure that staff effectively and efficiently deliver their duties and to prevent corruption and other related practices.

Corruption in the Context of Human Trafficking Corruption is defined as the abuse of power for private gain. It can take many forms, ranging from the minor use of influence to institutionalized bribery. The World Bank Integrity Vice Presidency describes a corrupt practice as the offering, giving, receiving or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party. More specifically, behaviors or practices such as bribery, nepotism, collusion, fraud, embezzlement, self-dealing, trading in influence, and misappropriation of public resources have been defined as corruption.

Corruption is linked to various forms of organized crime, including trafficking in persons. Corruption in trafficking in persons is said to allow the crime to be invisible, facilitate the impunity of offenders and the crime, and ensures the re-victimization of victims of human trafficking.

Since there is no universally accepted definition of corruption what amounts to corruption varies from one country to another, one legal system to another, communities and individuals. The term corruption has an assortment of meanings. United Nations Convention

What can the World Bank’s Integrity Vice Presidency (INT) investigate?

UNODC, United Nations Guide on Anti-Corruption Policies, 2003.

International anti-Corruption Conference, Workshop 7, Corruption and Human Trafficking: Unraveling the Undistinguishable for a Better Fights. Workshop long report. 14th International anti-Corruption Conference, Bangkok, Thailand, November 2010, 10-13.

Fatima Waziri, Strengthening of Anti-Corruption Commissions and Laws In Nigeria. Submitted to the Graduate Faculty of the Law School in partial against Corruption (UNCAC) which came into force in 2003 recognizes the seriousness of the problems and threats posed by corruption to the stability and security of societies and enjoins State Parties to develop, implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.

Similarly, Article 8 of UNTOC recognizes corruption as an integral component of transnational organized crime and requires each State Party to adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: the promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

Article 9 of the same UNTOC further require State Party to adopt legislative, administrative or other effective measures to promote integrity and to prevent, detect and punish the corruption of public official fulfillment of the requirements for the degree of Doctor of Juridical Science, University of Pittsburgh, 2011.

Article 5 of the United Nations Convention Against Corruption.

Transparency International has described human traf- ficking as a “high profit-low risk” venture in which cor- ruption is determinant to maintain that equation. Traffickers are capable of making millions off their victims for many years without accountability, without being arrested, prosecuted and convicted.

Although there is a dearth in research around systematically collecting and analyzing data on how corruption impedes counter trafficking measures. However, qualitative data that is testimonies provided by investigators, prosecutors and victims of the crime and by convicted traffickers often reveal how they were induced to compromise cases by revealing pertinent information relating to a case or to prosecute a case in a shabby and unprofessional manner for the benefit of the defendant. Victims often reveal the role corrupt public officials involved in the process of trafficking play and traffickers also reveal how they were assisted by corrupt and complicit public officials to subvert the criminal justice system.

The hypothesis of a link between human trafficking and corruption has been explored by Zhang & Pineda where they conducted a regression analysis of the Trafficking in Persons rankings by the U S State Department using the Corruption Perception Index (CPI) of Transparency International (TI) as independent. Their results showed that the greater the transparency in government operations (less corruption) the higher the rank in the TIP tier system (better implementation of anti-trafficking policies and presumably less problems with human trafficking). Other studies on the correlations between the CPI and the TIP rankings over time have consistently produced the same results.55 They all found that high levels of perceived corruption go hand in hand with poor responses to human trafficking issues.

To test this hypothesis, I compared Nigeria’s CPI scores with the TIP ranking from 2015 to 2023 and the comparison demonstrated a correlation between levels of perceived corruption and human trafficking in Nigeria becomes a necessary investment for criminals.56 A report on Organized Crime in South- Eastern Europe suggests that corruption is one of the most important cost factors for traffickers.57 This can be in the form of accepting or transferring bribes, facilitating transactions, complicity or ignoring to act when a crime is taking place. The different categories of corruption as it relates to human trafficking include:

Bribery of Law Enforcement Officers

This involves corrupt law enforcement officers facilitating the recruitment, transportation, harboring, receipt and the exploitation of victims of trafficking. They do that by obstructing investigation and prosecution of suspects by compromising the investigative and prosecutorial process. Some are able to facilitate the entry of victims into another country by actively transporting victims across illegal borders.

Complicity of Government Officials in Trafficking Operations

Complicit government officials may assist in the procurement of fake travel documents for victims, or ignoring the fact that they possess fake identity papers or avoiding action by allowing them to be transported, anyway.

Obstruction of Justice

This may be in the form of active obstruction of investigation, prosecution and conviction of traffickers; leaking of information and perverting justice; tampering with evidence and witnesses; dereliction of duties; lack of protection for victims of human trafficking; and trading information about victims with traffickers.

Corruption in Recruitment Agencies, and Immigration Processes

Travel agencies, tour operators, labor recruitment agencies, sport recruitment agencies and talent recruitment agencies also contribute in the recruitment and transportation of victims. Consular officers also influence the facilitation of visas for these agencies.

Corruption at Different Stages of Trafficking

Different studies have identified opportunities for corruption at various stages of the human trafficking value chain. The Council of Europe and UNODC have categorized corruption at different stages of trafficking to include trafficking chain, criminal justice chain and the support and protection stage. Transparency International has equally identified opportunities for corruption in the recruitment, transportation and exploitation phases of trafficking. The execution of the different stages of trafficking involves a chain of corrupt actors like, law enforcement officers, customs officers, consular officers, immigration officers, local officials, private sector actors like travel, tour and labor recruitment agencies, airlines and road transportation companies.

Transparency International in its working paper on corruption and human trafficking60 and the United Nations Global Initiative to Fight Human Trafficking61 elucidates how corruption manifests in different stages of human trafficking. It is present from the initial planning to where a victim is trafficked and exploitation begins. For better understanding, the different stages are divided into recruitment, transportation and exploitation either before, during and after the crime, whether at origin, transit or destination country.

Corrupt practices may also play a role after the actual identification and rescue of a trafficked victim. For instance, before, during and after possible criminal proceedings. The traffickers apply such practices to avoid conviction and otherwise obstruct the actions of those who should assist and protect the trafficked victims and investigate, prosecute and convict the traffickers.62 Traffickers often have the means to bribe their way through the criminal justice system in cohort with various actors.

Recruitment

Recruitment is the first step in trafficking and traffickers use various methods and antics to recruit people. It is at this stage that the person becomes a victim. In Nigeria, there are several individuals involved in a recruitment process, ranging from recruiters, brokers, and middlemen. Recruitments are mostly conducted by persons familiar to the victim, which could be a family member, neighbor, friend, or an associate. Other methods used are advertisements for work by fake recruitment agencies, online and offline or social media post for scholarship abroad and recruiters targeting rural and urban poor communities for vulnerable individuals.63 Corruption at this stage is likely to take the form of complicity from duty bearers whose responsibility it is to ensure acts like these do not take place.

Transport and Transfer

The methods of transporting or transferring victims of human trafficking depend on the trend and pattern of trafficking, which may involve the internal or external movement of persons. For internal trafficking, the mode of transportation is mostly by road and for external trafficking mode of transportation can be by road, sea, and air. Commercial bus, boats and ferry owners can be complicit in the process by allowing the use of their transportation mode to feed the trafficking of people for bribe and other illegal payments. With trans-border trafficking of persons, it is during border crossings that corruption often is the most probable and profitable. These transit points provide the entry point for the involvement of additional actors, such as immigration officers and other non-state actors taking bribes from human traffickers or partnering directly human traffickers.

Exploitation

The third and final stage of trafficking occurs when the victim reaches the destination, allowing exploitation to begin. In the case of sexual exploitation, traffickers usually rely on networks of hotel and brothel owners to either supply victims to them for a fee or use their premises to exploit victims, receiving a percentage of the money generated by the victim.65 Corruption continues to allow the crime of human trafficking go on for years with traffickers profiting off these exploitations.

 

Case Studies

Bribery of Border Officials Allowing Traffickers to Cross Borders

FRN & Ishaku Musa Wananiya

The convict, an immigration officer, was arraigned on a 3-count charge under the TIPPEA Act. Count 1 and 2 were for engaging in fraudulent acts for the purpose of facilitating the illegal entry of 2 victims to Niger.

Republic, contrary to section 26(2) of the Act. Count 3 was for engaging in act for the purpose of assisting and facilitating the activities of his collaborator, knowing fully well that the collaborator was engaged in the acts of trafficking in persons contrary to section 13(4)(c) of the TIPPEA Act. The defendant received payments from his collaborator in order to prepare fake travel documents and then transport his victims from Sokoto Park to Illela for onward crossing into Niger Republic.

On the 23rd of May 2023, the convict was found guilty of the offences in count 1,2 and was sentenced to 5 years imprisonment on count 1 and 5-years imprisonment on count 2 to run concurrently. Unhappy with the judgement the convict filed 3 grounds notice of Appeal at the Court of Appeal Sokoto Division. In giving its judgment, the Court of Appeal held that the appeal lacked merit, failed and was therefore dismissed and went ahead to affirm the judgment of the Federal High Court, Sokoto Division.

Corruption in Recruitment Agencies Misleading Job Seekers into Trafficking Situations

FRN & Gulf Platform International Recruitment Agency Limited

Gulf Platform International Recruitment Agency and its CEO was arraigned under a 23-count charge for recruiting and transporting victims to the United Arab Emirates (UAE) knowing that they would be forced into labor, and dealt with as a slave, contrary to sections 22 and 25 of the TIPPEA Act. After commencement of trial, the presiding judge was transferred to another division of the court. The matter has begun de novo and is still pending in court.

Complicity of Law Enforcement Officers therein Protecting Traffickers for Financial Gain

Between 2009-2023, NAPTIP has handled 86 disciplinary matters against its officers bordering on various public service infractions. These include: unauthorized disclosure of confidential information, fraud, bribery, dishonesty, deliberate withholding of official files, all targeted at obstructing justice during investigation and prosecution of human traffickers. These acts have led to the dismissal, demotion and compulsory retirement of erring officers. Instances of corruption by officers include:

Leaking of classified information to suspects of human trafficking.

Demanding and receiving bribe from suspects of human trafficking.

Facilitating the unauthorized departure of victims from the Agency’s shelter.

Withholding a case file for 2 years for no just cause thereby stalling the investigation and prosecution of the crime of human trafficking.

Demanding and receiving bribe from suspects before processing suspect’s bail conditions.

Demanding and receiving bribe from relative of a suspect to quash case against the suspect.

The Agency has also investigated several other recruitment agencies and their involvement in the trafficking of unsuspecting victims for sexual and labor exploitations Demanding and receiving bribe to facilitate the release of suspects.

Impact of Corruption in Undermining Counter- Trafficking Efforts

Human trafficking thrives in the shadows of corruption, exploiting weaknesses in governance, law enforcement, and the judicial system. The impact of corruption on counter-trafficking efforts is multifaceted and insidious, hindering progress at every turn. Recognizing that corruption and trafficking are not isolated issues but symptoms of deeper systemic problems, instances of how corruption undermines counter-trafficking efforts include:

Undermines Victim Identification and Protection Corrupt officials may accept bribes from traffickers to turn a blind eye to their activities, making it easier for traffickers to operate without detection. Sometimes, officers may even collude directly with traffickers, sharing information about potential investigations or tipping them off about raids. Also, corrupt officials may issue fraudulent documents, such as passports or visas, to traffickers and victims, facilitating their movement across borders making it harder for law enforcement to track their activities. These actions can hinder victim identification efforts, as victims may use false identities or travel documents.

Corruption within victim protection services, such as shelters and homes, can compromise the safety and security of victims. For example, corrupt staff members may exploit victims for financial gain or provide inadequate support because of stealing or embezzlement. Intimidation and retaliation by corrupt officials against victims who attempt to report their traffickers or seek assistance can create a climate of fear and distrust, discouraging victims from coming forward and making it harder for law enforcement to identify and protect them.

Hinders Prosecution of Traffickers

Traffickers may bribe law enforcement officials, to overlook their criminal activities or to ensure favorable treatment in court. This can result in cases being dropped, charges being reduced, or lenient sentences being imposed, thereby failing to hold traffickers accountable.

Corrupt officials may tamper with or destroy evidence related to human trafficking cases to protect traffickers or to prevent their own complicity from being exposed. This can include the disappearance of documents, withholding case files with no just cause, manipulation of witness statements, or interference with forensic evidence, making it difficult to build a strong case against perpetrators.

Corrupt individuals within the criminal justice system may obstruct investigations, interfere with the judicial process, or intimidate witnesses and victims to prevent them from cooperating with authorities. This can undermine the prosecution’s ability to gather evidence, present witnesses, and secure convictions in trafficking cases. In addition, they may abuse legal procedures, such as filing frivolous motions, delaying tactics, or exploiting loopholes in the law, to prolong legal proceedings and exhaust resources.

Political interference or pressure from influential individuals or groups may result in the manipulation of trafficking cases for personal or political gain. Prosecutors may face pressure to drop charges against well-connected traffickers.

Weakens Prevention and Awareness Efforts

Corruption may lead to the misallocation or diversion of funds intended for anti-trafficking programs and initiatives. Instead of being used to support prevention campaigns, victim assistance programs, or law enforcement operations, these resources may be embezzled or siphoned off by corrupt officials or intermediaries.

Corruption can cause the development and implementation of ineffective policies and programs to prevent human trafficking. Decisions may be influenced by bribery rather than evidence-based and sustainable approaches, leading to the adoption of initiatives that do not adequately address the root causes or dynamics of trafficking.

Corruption weakens accountability mechanisms and oversight structures, making it difficult to hold responsible individuals or institutions accountable for their actions or failures to address trafficking. This lack of accountability can foster a culture of impunity and undermine public trust in anti-trafficking initiatives.

Creates Legal Loopholes and Inadequate Penalties Corruption may influence the drafting or amendment of laws related to human trafficking, resulting in legislation that contains inconsistencies. Traffickers can exploit these gaps in the legal framework to evade prosecution or minimize penalties for their crimes. Corrupt officials within law enforcement agencies or judicial systems may selectively enforce laws against human trafficking, prioritizing certain cases or turning a blind eye to violations committed by high-profile individuals or criminal networks. This selective enforcement can create a culture of impunity and undermine efforts to hold traffickers accountable.

Corruption within the judiciary can influence sentencing decisions in trafficking cases, leading to disproportionately lenient penalties for offenders. Traffickers may receive reduced sentences or fines through bribery, or other illicit means, diminishing the deterrent effect of the law and failing to provide justice for victims.

Compromised Law Enforcement

Corrupt law enforcement officers may accept bribes from traffickers to compromise investigations. Collusion between traffickers and law enforcement personnel can enable trafficking networks operate with impunity, allowing them evade detection, arrest, and prosecution. Corrupt officials within anti-trafficking agencies may misuse their authority to protect or facilitate trafficking operations. By abusing their positions of power, these individuals enable traffickers to exploit victims and evade justice. A compromised workforce can also result in selective enforcement of anti-trafficking laws, with officials prioritizing certain cases or targeting low-level offenders while ignoring well-connected traffickers.

Practices such as tipping off traffickers or leaking sensitive information, can compromise trafficking investigations and jeopardize the safety of victims and law enforcement personnel. Traffickers may exploit these leaks to evade capture or intimidate witnesses. When law enforcement officials engage in corrupt behavior with impunity, it erodes accountability within the criminal justice system and fosters a culture of latitude.

Weak oversight mechanisms and a lack of accountability within law enforcement agencies create opportunities for collusion to thrive. When officials operate without adequate supervision or consequences for misconduct, they may feel emboldened to engage in corrupt practices and collaborate with traffickers without fear of repercussions. Sometimes, cultural norms or informal networks within law enforcement agencies may facilitate collusion with traffickers. Shared backgrounds, personal relationships, or shared interests between officials and traffickers can foster a sense of loyalty or solidarity that overrides professional obligations and ethical standards.

 

Lack of Support for Victims because of Corrupt Practices

Corruption may cause the misappropriation or diversion of funds, resources, and services intended for victim support programs. When allocated resources are siphoned through bribery, embezzlement, or other corrupt practices, it reduces the availability of essential services such as shelter, healthcare, counseling, and legal assistance for trafficking victims. Corrupt practices can also compromise the quality and availability of support services provided to trafficking victims. Within administrative processes, such as access to social services, corruption can create barriers for trafficking victims seeking support and assistance. Victims may encounter demands for bribes or face bureaucratic hurdles that impede their ability to access essential services and benefits, leaving them vulnerable to further exploitation and abuse.

Corruption can exacerbate the vulnerability of trafficking victims by subjecting them to re-victimization through extortion, coercion, or exploitation by corrupt officials or intermediaries. Victims may be forced to pay bribes or provide sexual favors for assistance or protection, further undermining their rights, dignity, and well-being. The lack of confidence in law enforcement, judicial systems, and support services can deter victims from coming forward and accessing the assistance they desperately need, further leaving them without recourse or redress for the injustice they have suffered.

Solutions for Addressing Corruption in Human Trafficking

An explanation for the disappointing implementation of counter trafficking measures, especially in arrests, investigations, prosecutions and protection, is medium and high-level corruption, which interferes with policies in multiple ways. Which is why jointly addressing trafficking in persons and corruption would help in combatting trafficking in persons-related corruption in the most effective way. The OECD Guiding Principles on Combatting Corruption related to Trafficking in Persons69 presents several principles that may be adopted by countries in the establishment of a framework to tackle human trafficking-related corruption. Some of the proposed Guiding Principles may be adapted to address practical challenges in Nigeria as follows:

Strengthening Legal Frameworks

Domestic laws on trafficking in persons should be in line with international standards concerning trafficking in persons and corruption. The TIPPEA Act should be amended to include corruption-related human trafficking issues. A new section may be introduced or section 34, which provides for tampering with evidence and witness may be amended.

The section provides that a person who tampers with a witness, evidence or exhibit by falsification, conversion, destruction or forgery, commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine not less than N250,000 or both.

The section may also make it illegal “for a public official to use their office or position to impede investigation, prosecution or execution of a lawful order under the TIPPEA Act. The official shall be liable on conviction to imprisonment for a term not less than 7 years and to a fine not less than N2,000,000 or both. An additional subsection may also be added to provide that “any government official who issues travel document or facilitates the issuance of same without following the prescribed procedures provided for by law or assists in any means so that the offender of trafficking in persons may not be arrested shall be held liable on conviction to imprisonment for a term not less than 7 years and to a fine not less than N2,000,000 or both.

Enhancing Law Enforcement Capacities

Officers at risk should receive consistent anti-corruption training that could contribute to the prevention of corruption in human trafficking. Regular training keeps officers informed about the latest trends, techniques, and methods used in human trafficking and corruption, ensuring they are aware of the complexities and nuances of these crimes. Anti-corruption training equips officers with the skills and knowledge needed to identify, investigate, and prevent corrupt practices effectively. It also establishes a culture of accountability and transparency within law enforcement agencies, reducing the likelihood of corrupt behavior.

Promoting Transparency and Accountability Transparency and integrity framework for public officials at risk should be established and strengthened. Anti- Corruption Transparency Units (ACTU) in at risk sectors like NAPTIP, Nigeria Police Force, Nigeria Immigration Service, should be empowered to investigate and report corruption-related human trafficking cases. Also, guidelines on code of conduct on anti-corruption for public officers must be put in place to guide behaviors and actions regarding corruption and human trafficking. The code should include guidance on handling conflict of interest dilemma, redressing staff grievances, protecting sensitive information, whistle blowing policy, detecting early warning signals in the system and amongst staff, incorporating checks and balances in the system, provision and monitoring of channels of complaint for proof of victimization as it applies to staff, stakeholders, victims, and suspects.

Framework of Integrity for Public Officers

Besides strengthening the ACTUs and code of conduct on anti-corruption for public officers, a wider structure ensuring the integrity of officers, including asset declaration, should be put in place. Asset declaration for public official which is regulated by the Code of Conduct Bureau Act should be strictly implemented. Section 15 of the Act provides that every public officer shall, within fifteen months after the coming into force of this Act or immediately after taking office and thereafter at the end of every four years; at the end of his term of office; and with a serving officer, within thirty days of the receipt of the form from the Bureau or at such other intervals, submit a written declaration of all his properties, assets and liabilities and those of his spouse or unmarried children under the age of twenty-one years. Similarly, the Nigeria 1999 Constitution states that a public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

Joint Collaborative Efforts

Human trafficking is increasingly recognized as a predicate offense for money laundering, meaning the proceeds derived from this illicit activity are often laundered to disguise their illegal origin. Traffickers employ various money laundering techniques to conceal the origins of their illegal gains like the use of cash- intensive businesses such as restaurants, bars, travel agencies, and tour companies. They also create shell companies to move money across borders, invest in real estate, falsify invoices and manipulate trade transactions to legitimize illicit proceeds; and use of bank accounts, money transfer services, and cryptocurrencies to transfer and obscure the trail of illegal funds.

The Economic and Financial Crimes Commission (EFCC), Nigerian Financial Intelligence Unit (NFIU) and NAPTIP should jointly address and investigate human trafficking and corruption with particular focus on at risk sectors like travel agencies, tour companies, and labor recruitment agencies. These are sectors that are prone to facilitate trafficking in persons. These organizations are mandated to apply for clearance certificates under the Trafficking in Persons Control of Activities and Centers Regulation 2019 for intending travelers for educational excursions, labor, sporting activities, and cultural, music excursions or competitions.

Integrated Action Plan

The National Action Plan on Human Trafficking and the National Anti-Corruption Strategy should be inclusive of strategies that address trafficking in persons and vice versa. An integrated action plan ensures a holistic approach to tackling human trafficking and related corruption. By addressing both issues simultaneously, efforts are more coordinated and effective. Human trafficking and corruption are often intertwined, and a comprehensive plan allows for tackling the root causes and mechanisms that facilitate both. Addressing both issues together, can significantly reduce the incidence of human trafficking and the corruption that enables it.

Also, such a plan promotes better coordination among anti-human trafficking and economic and financial crimes agencies and stakeholders involved in combating human trafficking and corruption. This includes law enforcement, judicial bodies, social services, and non-governmental organizations. Improved coordination ensures that efforts are not duplicated and that resources are used efficiently

Enhanced Investigation of Corruption Related Issues Corruption issues should be investigated side by side the investigations of human trafficking and perpetrators should be prosecuted. Finances of suspects should be investigated and corruption cases involving public officials may be referred to the Independent Corruption Practices Commission (ICPC) for prosecution. Feedback templates should integrate a mechanism for documenting corruption allegations in case management systems.

For instance, NAPTIP has established a SERVICOM72 desk domiciled in its Reforms Unit. In 2023 a Service SERVICOM is an acronym for SERVICE COMPACT, which describes a Compact (Agreement) between the Federal Government of Nigeria (including all its organs) and the Nigerian people. In June 2003, the Federal Executive Council (FEC) arrived at the conclusion that no reform pprocess.

Charter was developed and launched to improve service delivery to victims, suspects, witnesses, complainants, whistleblowers, and the public in the fight against trafficking in persons and violence against persons and to dissuade staff from bribery and corruption. Feedback ledger and whistle blowing boxes were also introduced where persons can anonymously report cases of corruption.

Whistle Blower and Witness Protection Mechanism There should be in place a strong whistle blower and witness protection mechanism that allows the victims and the public expose and report cases of corruption. Protection mechanisms give whistleblowers and witnesses the confidence to report incidents of corruption without fear of retaliation or harm. Protecting witnesses encourages them to provide detailed and accurate information, which is essential for building strong cases against offenders.

Although there is no whistleblower protection act in Nigeria, there are however provisions for whistleblower protection in various legislations, including the TIPPEA Act and the Administration for Criminal Justice Act, 2015 (ACJA). When people see that the government is committed to protecting whistleblowers and witnesses, it builds public trust in law enforcement and judicial systems.

Transparent Recruitment of Staff would be credible and sustainable if government could not demonstrate any leadership commitment with a public declaration about service delivery among other essentials. This resulted in the birth of SERVICOM on 21st March 2004.

The recruitment process of officers who work with at-risk sectors must be stringent and transparent. That includes officers who work in anti-corruption and anti-trafficking institutions, prosecutors, investigators, judicial officers. Upon recruitment, they should be subjected to regular performance evaluations and sporadic polygraph tests.

 

Conclusion

The goal of this lecture was to validate the inter- relationship between corruption and human trafficking as well as highlight the implications and propose solutions. This lecture has addressed corruption in the context of human trafficking, and the TI-CPI and the US TIP rankings clearly establish a link between levels of perceived corruption and human trafficking in Nigeria.

The demonstrated case studies emphasize how corruption at different stages of human trafficking continues to undermine counter trafficking efforts and the fact is that this state of affair would continue until and unless issues of trafficking in persons and corruption as jointly addressed. Which means that the development of effective strategies against corruption and human trafficking requires the establishment of an adequate legal and regulatory framework within law enforcement and judicial institutions. This includes strengthening transparency, accountability, and integrity mechanisms, as well as promoting anti-corruption education and training for officials involved in combating human trafficking.

In the same token, to tackle collusion between traffickers and law enforcement officials, it is essential to strengthen anti-corruption measures, enhance oversight and accountability mechanisms, and provide comprehensive training on ethical conduct and human rights. And to address the risk of compromised law enforcement in human trafficking, it is fundamental to implement robust anti-corruption measures within law enforcement agencies, including strict accountability mechanisms, transparent recruitment and promotion processes, and comprehensive training on ethical conduct and human rights. Fostering a culture of integrity and zero tolerance for corruption at all levels of law enforcement is crucial to building public trust and enhancing the effectiveness of anti-trafficking efforts.

Finally, at the policy level, when dealing with trafficking in persons, it is key to recognize corruption and try to formulate responses that removes this enabler that facilitates trafficking in persons.