Trafficking in women and children in south Sudan: analysis of the legal framework
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Date
2017-05
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Kampala International University.College of Law
Abstract
The research analyses the national legal framework for trafficking in women and
children in South Sudan. After the independence from Sudan in 2011, South Sudan
ratified number of international Anti Trafficking and Human Rights Treaties, as
well as regulating its own legislation to combat crimes in general and trafficking
in particular. But it has not ratified some international treaties concerning with
the suppression of human trafficking for example the 2000 Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention Against Transnational Organized
Crime. The researcher was motivated by the international and local civil society
organizations reports about increasing instances of trafficking after the 2013
coriflict started in South Sudan. The main purpose is to examine South Sudan
national laws that legislate human trafficking. The research identified some gaps
in the national legislation of South Sudan for example the Penal Code 2008 which
is not clear in criminalizing traffickers The study also established that the existing
national laws of South Sudan are not folly eriforced due to the limited capacity of
the law enforcement officers, the Courts often lack adequate human and physical
resources to investigate and prosecute crimes, including human trafficking. It was
farther found out that corruption is pervasive in the judicial sector, including the
use of intimidation and bribery. It recommends the reform of the National Criminal
Justice System. As well as South Sudan Penal Code 2008 should incorporate clear
legal definition of trafficking in persons and trafficking in women and children.
The research further recommends that the dijJerence between trafficking in
persons, human smuggling and irregular migration should be clearly provided for,
as well as revising articles 282 and 277 of the South Sudan Penal Code 2008.
Trafficking in persons for all-purpose should be criminalized and treated in more
clear and comprehensive manner.
Description
Thesis submitted to the faculty of Law in partial fulfillment of the requirements for the a ward of master of Laws of Kampala International University
Keywords
Trafficking, Women, Children, South Sudan