ABSTRACT
Protection of trafficked persons is one of the five core strategies for combating human trafficking. This is essential not only for human rights reason but for effective law enforcement in this regard. The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons especially women and children (2000) aims at protecting and assisting victims of human trafficking and enjoins state parties to adopt such legislative and other measures as may be necessary for the protection of the rights of trafficked persons within the justice system. In response to this clarion call, Nigeria signed, ratified and domesticated the protocol in line with section 12 of the 1999 constitution, hence the Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEAA) 2003 and National Agency for The Prohibition of Trafficking In Person (NAPTIP) were created. The Act was amended in 2005 and re-enacted in 2015 to provide for humane treatment, protection, and nondiscriminatory practices towards trafficked persons among other things. These rights and treatments include Right to compensation and restitution, right against discriminatory treatment on account of race, color, gender, sex etc., right to protection from intimidation, threats, and reprisals from traffickers etc. Apart from the TIPPEA Act, there are other national and international legal frameworks that are instrumental in the protection of victims of human trafficking in Nigeria and `include the 1999 constitution of Federal Republic of Nigeria, Childs Right Act 2003, Violence Against Persons Act 2015, Criminal and Penal Codes, Convention on the Elimination of All Forms of Discrimination Against women (CEWDAW) etc. This study aims at reviewing the TIPPEA Act and the other legal frameworks in the protection of trafficked victims in Nigeria through a critical appraisal and qualitative analytical approach. The study finds that despite the plethora provisions of laws in the fight against human trafficking and protection of trafficked persons, there are still challenges that hinders the total eradication of this heinous crime and proper protection of the trafficked victims, such as lack of proper enforcement of the laws, inadequate funding of the protection Agency, slow judicial process, corruption, problem of victim identification etc. Human trafficking is a clandestine and cross border crime which needs a lot of engagements to tackle, thus, this study recommends for the government to address holistically the issue of poverty which is the major cause of human trafficking. This will reduce the vulnerability of victims especially women and children. Similarly, the study recommends proactive actions such as enlightenment programs by the enforcing Agency and stakeholders to keep potential victims abreast with the trends of trafficking in person. Creation of specialized courts and training of the judicial officers can increase the pace in the wheel of justice. Also, sufficient funding and provision of logistics will help in the empowerment and protection of trafficked victims and provision of access to justice. Finally, enactment of a comprehensive, stand-alone legislation to regulate the protection of trafficked persons, access to justice, rehabilitation, reintegration, and victims-friendly programs is highly recommended.
