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BGR Exam

Human trafficking involves the illegal movement of people for forced labor or commercial sexual exploitation through recruitment, transportation, transfer, harboring or receipt of persons using means such as force, coercion or abuse of vulnerability. Nearly every country is affected as a source, transit or destination country. Migrant smuggling also involves illegal movement of people across borders, but with the person's consent for financial gain, whereas trafficking involves ongoing exploitation without consent. The key differences are consent, exploitation, transnational nature, and source of profits for traffickers versus smugglers. Reasons for human trafficking and smuggling include poverty, oppression, conflict, corruption and limited enforcement, while solutions require actions to address socioeconomic drivers, strengthen laws and their enforcement in

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0% found this document useful (0 votes)
63 views20 pages

BGR Exam

Human trafficking involves the illegal movement of people for forced labor or commercial sexual exploitation through recruitment, transportation, transfer, harboring or receipt of persons using means such as force, coercion or abuse of vulnerability. Nearly every country is affected as a source, transit or destination country. Migrant smuggling also involves illegal movement of people across borders, but with the person's consent for financial gain, whereas trafficking involves ongoing exploitation without consent. The key differences are consent, exploitation, transnational nature, and source of profits for traffickers versus smugglers. Reasons for human trafficking and smuggling include poverty, oppression, conflict, corruption and limited enforcement, while solutions require actions to address socioeconomic drivers, strengthen laws and their enforcement in

Uploaded by

maga1991
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Human trafficking: the illegal movement of people, typically for the purposes of

forced labor or commercial sexual exploitation.


Trafficking in persons is a serious crime and a grave violation of human rights.
Almost every country in the world is affected by trafficking, whether as a country
of origin, transit or destination for victims.

Human trafficking components:


1) The Act (What is done)
Recruitment, transportation, transfer, harboring or receipt of persons

2) The Means (How it is done)


Threat or use of force, coercion, abduction, fraud, deception, abuse of
power or vulnerability, or giving payments or benefits to a person in control
of the victim

3) The Purpose (Why it is done)


For the purpose of exploitation, this includes exploiting the prostitution of
others, sexual exploitation, forced labor, slavery or similar practices and the
removal of organs.

Migrant smuggling: the procurement of an illegal entry of a person into a state


party of which the person is not a national or a permanent resident, in order to
obtain, directly or indirectly, a financial or other material benefit.

How is human trafficking different from migrant smuggling?


Simply put, there are four main differences between human trafficking and
migrant smuggling.
1. Consent - migrant smuggling, while often undertaken in dangerous or
degrading conditions, involves consent. Trafficking victims, on the other
hand, have either never consented or if they initially consented, that
consent has been rendered meaningless by the coercive, deceptive or
abusive action of the traffickers.

2. Exploitation - migrant smuggling ends with the migrants' arrival at their


destination, whereas trafficking involves the ongoing exploitation of the
victim.

3. Transnationality - smuggling is always transnational, whereas trafficking


may not be. Trafficking can occur regardless of whether victims are taken to
another state or moved within a state's borders.

4. Source of profits - in smuggling cases profits are derived from the


transportation of facilitation of the illegal entry or stay of a person into
another county, while in trafficking cases profits are derived from
exploitation.

Migrants who risk all in search of a better life are easy prey for people smugglers,
whose unscrupulous activities have created a criminal industry worth billions
Everyone agrees there is not enough data. No one knows how many migrants are
smuggled.

The cost varies depending on the distance, destination, level of difficulty, method
of transport (air travel is dearer and requires fake documents) and whether the
migrant has personal links to the smugglers, or decides to work for them.
Money is often paid in installments as migrant moves from one group of
smugglers to the next.
The cost can involve buying fraudulent visas.
Afghans make up the majority of migrants attempting to cross the
Mediterranean, are often driven for free from Khartoum in Sudan to Ajdabiya
on the Libyan coast, where they are locked up and tortured until relatives pay a
ransom.
Smuggling migrants involves recruiters, transporters, hoteliers, facilitators,
enforcers, organizers and financiers.
Judicial systems are really struggling with handling and understanding the
complexity of all these factors.
You have small groups handing the migrants over to the next groups. Its very,
very difficult to track the money,
The protocol against the smuggling of migrants by land, sea and air, which
supplements the UN convention against transnational organized crime, came into
force in January 2004, and 141 countries are party to it.

Reasons:
Poverty, oppression, lack of human rights, lack of social or economic
opportunity.
Political instability, militarism, civil unrest, internal armed conflict and
natural disasters may result in an increase in trafficking.
Corrupt government officials, the involvement of international organized
criminal groups or networks and limited capacity of or commitment by
immigration and law enforcement officers to control borders.
Lack of adequate legislation and of political will and commitment to
enforce existing legislation

Impacts on host countries


Positive
Job vacancies and skills gaps can be filled.
Economic growth can be sustained.
Services to an ageing population can be maintained when there are
insufficient young people locally.
The pension gap can be filled by the contributions of new young workers
and they also pay taxes.
Immigrants bring energy and innovation.
Host countries are enriched by cultural diversity.
Failing schools (and those with falling numbers) can be transformed.

Negative
Depression of wages may occur but this seems to be temporary.
Having workers willing to work for relatively low pay may allow employers
to ignore productivity, training and innovation.
Migrants may be exploited.
Increases in population can put pressure on public services.
Unemployment may rise if there are unrestricted numbers of incomers.
There may be integration difficulties and friction with local people.
Large movements of people lead to more security monitoring.
Ease of movement may facilitate organised crime

Impacts on countries of origin


Positive
Developing countries benefit from remittances (payments sent home by
migrants) that now often outstrip foreign aid.
Unemployment is reduced and young migrants enhance their life prospects.
Returning migrants bring savings, skills and international contacts.

Negative
Economic disadvantage through the loss of young workers
Loss of highly trained people, especially health workers
Social problems for children left behind or growing up without a wider
family circle

Solutions
Countries of origin
Developing programs that offer livelihood options and include basic
education, literacy, communication and other skills, and reduce barriers to
entrepreneurship
Fostering of social, economic and political stability, and the reduction both
of migration caused by deep poverty and of supply factors of trafficking.
Enhancing job opportunities SMEs
Eliminate discrimination
Promoting good governance

Countries of destination
Monitoring, administrative controls and intelligence gathering on the labor
markets balance between the demand for inexpensive labor and the
possibilities of regular migration.
Establishment of list of suspicious vessels and monitoring of these vessels
Information and prevention campaigns in third countries on risks of
smuggling

Both
Cooperation with origin countries and improved gathering and sharing of
information
Launching cooperation with financial institutions to step up
financial investigations
Experts say migrant smuggling must be transformed from a low-risk, highreward enterprise to a high-risk, low-reward one.
Adopting or strengthening legislative, educational, social, cultural or other
measures and, where applicable, penal legislation.

BGS Relations
Business: is an institution which makes profit by providing goods and
services that satisfy human needs.
Government: is a body of people that sets public policy and exercises
political power through institutions and laws within a state.
Society: people living together in organized communities with shared laws,
traditions, and values
S&G
Political base (Democratic vs Totalitarian)
Economic doctrine (Capitalism vs Socialism)
Laws and regulations
Security and national sovereignty

B & G:
Regulations
Taxes
Investment directions
Interest rates

B & S:
Customers
Employment
CSR

Consumer protection
Consumer protection is a group of laws and organizations designed to ensure the
rights of consumers as well as fair trade, competition, and accurate information in
the marketplace.

Contract law
A contract is an agreement which legally binds the parties. Each party is free to
accept or reject the terms of the other
http://www.lawhandbook.org.au/handbook/ch12s01s02.php
The basic elements constituting a contract are as follows:
Offer
Acceptance
Intention to create legal relations
Consideration
Certainty
Capacity
Consent
Legality

Law of tort
Tort laws are laws that offer remedies to individuals harmed by the unreasonable
actions of others.
Tort laws involve civil suits, which are actions brought to protect an individuals
private rights.
Intentional torts are usually offenses committed by a person who attempts or
intends to do harm. For intent to exist, the individual must be aware that injury
will be the result of the act. A common type of intentional tort is assault.
Assault refers to an overt attempt to physically injure a person or create a feeling
of fear and apprehension of injury.
Negligence Torts: Liability for negligence arises when one person breaches a duty
of care owed to another.
Generally, a duty of care arises where one individual or group undertakes an
activity which could reasonably harm another, either physically, mentally, or
economically
The phrase caveat emptor arises from the fact that buyers typically have less
information about the good or service they are purchasing, while the seller has
more information. The quality of this situation is known as information
asymmetry.
Imperfectly rational consumers systematically misperceive the benefits and costs
of products.
Product liability is the area of law in which manufacturers, distributors, suppliers
and retailers are held responsible for any injuries products cause. Regardless of
any contractual limitations of liability if a product or any of its component parts
are defective its manufacturer may be liable for damage under the Consumer
Protection Act (CPA) or the common law of negligence.

Liability for negligence


A claim in negligence is based on the assumption that the manufacturer owes a
duty of care to all those who can reasonably be expected to make use of its
product. In the case of 'dangerous' products such as those which, if defective,
could cause extensive harm this duty may be owed to anybody who may
reasonably be affected by a defect in the product. This means that a claim in
negligence is not limited by the doctrine of privity of contract, which states that
only a party to a contract can sue under it. A claim may be brought by a
consumer-purchaser of the product, a person who uses the product or a third
party bystander who is injured by the product.
The manufacturer's negligence may be:
a failure to take care during the manufacturing process, resulting in a
particular product being defective;
a failure to take care during the design of the product, including a failure to
carry out sufficiently careful research;
a failure to carry out effective tests;
a failure to provide an effective warning of dangers;
a failure to recall a product, or to issue appropriate warnings if a danger
becomes apparent after the product has been put into circulation.
Liability is not limited to the manufacturer of the product other parties who
supplied components or distributed the product may be held liable if they can be
shown to have been negligent.

Advantages:
Consumers will be more aware of product hazards and enable consumers
to make an informed choice at time of purchase
Consumers welfare will be enhanced by seeking out the most economical
and efficient ways of achieving safety objectives.

Banning hazardous goods from entering marketplace, restrict the sale of


harmful products such as tobacco and alcohol
Government regulations will ensure product safety
Transparency could even stimulate demand for products

Disadvantages:
Government regulations generate costs for businesses
Poor and middle income families may be priced out of some markets for
consumer products
Could provide a false sense of security.

Governance in LDCs
Governance is the art of managing societies and organizations
Good governance is a prerequisite for sustained increase in living standards of the
society, and finding solutions for inefficient, corrupt, and unaccountable
governance will unlock developmental progress
Developed countries have better governance
Countries that have well established governance institutions will invest more in
both physical and human capital

Criteria of LDCs
GNI Per Capita
$745 threshold for inclusion

Human Assets Index (HAI)


The HAI provides information on the level of development of human capital
by focusing on achievements in health and education. 58 is the threshold
for inclusion

Economic Vulnerability Index (EVI)


EVI reflects the possible negative and long-lasting effects of the shocks that
have on growth and development. 42 is the threshold for inclusion

Governance indicators (Adem Gk)


Administrative Quality Index (AQI)
AQI assesses the capability of the public administration to formulate and
implement sound policies and the respect for the institutions governing
interactions between citizens and government
Corruption
Bureaucracy Quality
Investment Profile
Law and Order

Political Stability Index (PSI)


It assesses the ability of government to carry out its declared program(s) and to
stay in office by considering the type of governance, the unity of the government,
approach of an election, and command of the legislature and popular approval of
government policies
Internal Conflict
External Conflict
Ethnic Tensions
Religious Tensions

Democratic Accountability & Public Voice Index (DAPVI)


Democratic Accountability
Military in Politics
Political Rights
Civil Liberties

Governance Quality Index (GOVI)


This overall governance index summarizes all three aspects of governance

Some characteristics
Access to finance
It is an important source of growth
In Ethiopia in recent studies it is estimated that less than 10% of households have
access to formal credit
In Kenya in 2005 limited access to financing was a problem that was experienced
across the board with only about 10% of the population having access to banking
services.
The proportion of the adult population using different forms of formal financial
services has increased to 66.7% in 2013, amongst the highest in Africa mainly due
to the implementation of mobile financial services.

Low trade contribution


Since 1948 it fell from 3% to below 1%. Excluding oil exporters (Angola, Yemen,
Guaina, Myanmar, Sudan) around 0.3%
Preferential Market Access lower tariffs on exports in order to facilitate export
growth

Solutions
Each of the ten year UN Programmes of Action (PoAs) cover the framework for
international cooperation by outlining the development strategies, the priority
areas for policy intervention and the special support measures envisaged for
LDCs.
The United Nations PoAs for LDCs grants provisions for giving priority to LDCs in
the allocation of official development assistance (ODA). It started with the first
United Nations Conference on the LDCs in 1981 stating that the members of the

Development Assistance Committee of the Organization for Economic


Cooperation and Development (OECD/DAC) have been allocating around 0.1% of
their GNI to LDCs
The first PoA launched in 1981 had two defining features.
1. Poverty alleviation through food self-sufficiency
2. Reliance on development planning in order to mobilize and utilize
resources effectively. It was planned to increase the share of manufacturing
in gross domestic product (GDP).
The second PoA in 1990 relied on
1. Unleashing free markets for the efficient reallocation of resources
2. Promoting the role of the private sector in economic growth
3. Handling adverse effects of regulations imposed by the state
The third PoA was adopted in 2001 stating its key objectives to carry out the
1. Millennium Development Goals (MDGs)
2. Increase the share of LDCs in global trade, finance and investment.

The goals set by the PoAs were too ambitious in relation to the measures
introduced to achieve them; even where reasonable goals were set, inadequate
external support, misguided domestic policies and unforeseen shocks such as
natural disasters and conflicts made it difficult to implement the strategies

More effective support:


In designing institutions and mechanisms for good governance in LDCs, an
interactive process between donors and recipient countries is essential.
Aid practitioners have begun accumulating important insights about how to
improve governance aid:

Governance deficiencies are often primarily political and cannot be


resolved through technical assistance alone.
Fostering citizen demand for better governance is as important as topdown efforts aimed at improving the supply of governance.
Governance aid may be more effective at the local level than at the
national level.
Despite the intuitive appeal of governance best practices, concentrating on
locally determined best fit may be more productive.
Informal institutions are a central part of the governance puzzle and cannot
be treated as developmental marginalia.
Governance concerns should be integrated into the full range of assistance
programming.
Donor countries should address international drivers of poor governance.
Aiding governance effectively requires development agencies to rethink
their own internal governance.

Corruption
Corruption is the misuse of entrusted power (by heritage, education, marriage,
election, appointment or whatever else) for private gain.
Former Israeli Prime Minister Ehud Olmert case: City officials are alleged to have
taken bribes during Olmert's term as mayor of Jerusalem, between 1993 and 2003
to speed up a controversial residential development, known as Holyland, in the
heart of the city.
In January 2012, he was one of 18 people charged with giving or receiving bribes
in connection with the development.
Olmert was convicted in March 2014 and later sentenced to six years in prison. He
has been allowed to stay out of jail while his lawyers appeal.
Solutions:

1. Paying civil servants well


2. Creating transparency and openness in government spending
3. Cutting red tape
4. Replacing regressive and distorting subsidies with targeted cash transfers
5. Establishing international conventions and enforcing them nationally
6. Deploying technology
7. Whistleblower protection
8. Regular surprise examination of all government offices
9. Regular audit Independent auditing firm
10.Independent media

Environmental Management
Regulations
Environmental law - or "environmental and natural resources law" - is a collective
term describing the network of treaties, statutes, regulations, and common and
customary laws addressing the effects of human activity on the natural
environment.
The core environmental law addresses environmental pollution. Other regulations
focus on the management of specific natural resources, such as forests, minerals,
or fisheries. Other areas, such as environmental impact assessment, may not fit
neatly into either category, but are nonetheless important components of
environmental law.

Impact assessment
Formal process used to predict the environmental consequences of a plan, policy,
program, or project prior to the decision to move forward with the proposed
action

Air quality
Air quality laws govern the emission of air pollutants into the atmosphere. A
specialized subset of air quality laws regulate the quality of air inside buildings. Air
quality laws are often designed specifically to protect human health by limiting or
eliminating airborne pollutant concentrations. Other initiatives are designed to
address broader ecological problems, such as limitations on chemicals that affect
the ozone layer. Regulatory efforts include identifying and categorizing air
pollutants, setting limits on acceptable emissions levels, and dictating necessary
or appropriate mitigation technologies.

Water quality
Water quality laws govern the release of pollutants into water resources,
including surface water, ground water, and stored drinking water. Drinking water
regulations may be designed solely with reference to human health. Many others,
including restrictions on the alteration of the chemical, physical, radiological, and
biological characteristics of water resources, may also reflect efforts to protect
aquatic ecosystems more broadly. Regulatory efforts may include identifying and
categorizing water pollutants, dictating acceptable pollutant concentrations in
water resources, and limiting pollutant discharges from effluent sources.

Land waste management


Waste management laws govern the transport, treatment, storage, and disposal
of all manner of waste, including municipal solid waste, hazardous waste, and
nuclear waste, among many other types.

Improving EMS
An Environmental Management System (EMS) is a set of processes and practices
that enable an organization to reduce its environmental impacts and increase its
operating efficiency
The EMS provides a framework that helps a company achieve its environmental
goals through consistent control of its operations. The EMS itself does not dictate
a level of environmental performance that must be achieved; each companys
EMS is tailored to the companys business and goals.
Specifically, an EMS can help achieve the following:

Cost savings through reduced resource consumption


Increased operational efficiency
Improved environmental performance
Compliance with legal and regulatory requirements
Deeper customer trust
Enhanced employee skills and satisfaction
Positive community and public relations

Corruption
http://blogs.worldbank.org/futuredevelopment/six-strategies-fight-corruption
http://www.global-economic-symposium.org/knowledgebase/the-globalpolity/fighting-corruption-in-developing-countries/solutions/solution_1-fightingcorruption-in-developing-countries
http://faq.ph/stop-corruption-in-the-philippines/

Tort
http://www.inbrief.co.uk/sales-law/product-liability.htm
http://www.out-law.com/en/topics/commercial/supply-of-goods-andservices/product-liability-for-negligence/

EMS
http://www.bcorporation.net/sites/default/files/documents/bestpractices/em_i
mplementing_environmental_management_system.pdf

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