Research aims
Main aims:
- To evaluate the necessary reforms of legal regulations relating to human trafficking in the state of Jordan.
- To critically evaluate the implementation and impact of the Palermo Convention within the UK and Jordan.
- To promote the extension of research and investigatory practices for the effective monitoring of trafficking within Jordan.
General Aims
- To critically evaluate the nature and scope of the Palermo Protocol relating to human trafficking, with specific reference to the state of Jordan.
- To critically review the international law provisions relating to human trafficking.
- To critically review the domestic law within the UK, to provide a comparative perspective for potential adoption within Jordan.
Research Objectives
The following research aims at achieving the following objectives.
- To investigate the international instruments and conventions adopted by UK Government to combat crimes of human trafficking in England, Scotland, and Northern Ireland;
- To explore the extent to which these international conventions and instruments have been aided and implemented in addressing human trafficking issue in the United Kingdom, and Jordan;
- To investigate the various forms of the crime and determine how it happens in the United Kingdom and gather data on the same;
- Establish the trends in human trafficking from Jordan to the United Kingdom by looking at the reported conviction rates and the effectiveness of the ratified strategies by the both Governments.
- Determine how the trafficked humans are protected by the government of United Kingdom, and Jordan as well as the effect of human trafficking on Jordanian emigrant population.
Research Questions
In achieving the objectives and the aims of the research, the study sort to answer the following stated research questions through a though literature and empirical review.
- What are the international conventions and instruments signed and ratified by the United Nations in order to combat crimes of human trafficking in Jordan?
- To what extent have these international conventions and instruments been effective in addressing crimes of human trafficking in the United Kingdom?
- What are the different forms and nature of human trafficking crimes in Jordan?
- To what extent is the government of Jordan responsible for human trafficking in its territory?
- What are the trends of human trafficking from Jordan to the UK and what is the frequency of the phenomena?
- How does the human trafficking occur in the UK and are trafficked humans protected by the government of the UK?
2 Methodology
Proper and appropriate research methodologies are crucial for any research.[1] Research methodology refers to an investigation plan that seeks to acquire answers regarding the research questions. On the other hand research design is the plan that is developed with the objective of fulfilling the set objectives. Human rights discussions have been a global discussion in the past and many countries globally have developed unique strategies to address the issue such as US and UK. International treaties have been one approach to addressing the global vice. The following research paper will, therefore, focus on the Palermo protocol that was formulated by the UN to address the role played by various international treaties and organizations in curbing the vice. This will be done by reviewing the existing literature regarding its progress by focusing on its application in Jordan and UK.
The research study will, therefore, adopt the methodology of briefly discussing the Palermo protocol, its history and role and also the enactment purpose of the protocol. In addition, the protocols attribute to curbing the human right issue will be reviewed. The research will focus on how the protocol has been dealing with the issue of human trafficking and its applicability in dealing with the issue.
The research utilises a mixed methodology that incorporates both qualitative and quantitative methods. Through a descriptive design method the approach will provide adequate information that is needed for the investigation. The methods are mainly appropriate because they are not only convenient, but cost effective, easy to use and have the highest potential of generating maximum data within the shortest period. Questionnaires will be used in gathering quantitative data in general. However, this method have limitations because the acquired data cannot be quantified or compared. In that since the research involves acquiring information from Jordan and UK it is not easy to fully compare the details. Also verification is an issue since most of the existing literature is outdated and its relevance is uncertain. However, the methods will be useful in answering the research questions fully thus meeting the objectives of the study.
Since the following research aims to examine and critically examine human trafficking in the case example of Jordan and establish United Kingdom’s role in combating and curbing the crime through the use and approach of the international instruments and conventions, and this is a legal research, legal texts and laws are also analyzed for the research. The research will be adopting the traditional ‘black-letter’ approach to the analysis of legal documentation and sources.
The methodology used for the research paper involves a critical review and analysis of scholarly researchers that exist on the topic while combining with an analysis of data acquired from a primary interview through the use of interviews. International and treaty laws that exist were reviewed through the use of historical resources and also the Palermo convention is examined. The research study involves the study of different national legislations using resources such as the UNODC.
The following methodology step was the analysis of case examples from different countries presenting the findings for discussion and further analysis for the comparison and finally examining the effects of the Palermo convention in combating human trafficking crimes in the United Kingdom and in the kingdom of Jordan. England, Scotland, and Northern Ireland are the governments that have adopted the measures which has in turn lowered the crime. In the research study, secondary data is obtained and used. In the literature review, secondary data is used in obtaining the information on human trafficking. Policies, strategies and the laws on human trafficking crimes were studied by analyses of secondary sources. The rationale is to offer adequate information to support the research.
A qualitative approach is used for the research where important sources that are secondary are used to extract the information on the topic of the research.[2] A quantitative approach was also applicable as data from secondary sources on the trafficking of humans is analysed. The qualitative approach that the research will adopt is grounded theory. The approach involves the use of collected data to evaluate stated propositions on the nature of the human trafficking issue. Questionnaires will be used to gather quantitative data since the research is an original one.
Research design
A more descriptive design was applied, for the research investigated, a research design lays a blueprint and a framework for the data and information gathering. The research design adopted for the following research is the review of literature from acknowledged sources and a case investigated of Jordan human trafficking, an example case in the UK is used.
An exploratory research design is used as human trafficking information is obtained and explored in the literature review section. The design is constructed by building investigative tools that mainly seek to explore the research questions. An exploratory research refers to an investigation that is conducted regarding an already existing problem which has not been explored fully. The descriptive research design was also used in the research as descriptive information is identified by the use of the example of human trafficking case in Jordan.
Since the research will use secondary sources such as books and journals for information the research design is normative and subjective and therefore the findings and the arguments are not based on empirical research design. Scholarly journals and books which will be accessed online will be used for the research.
Data Collection and sampling technique
The research study utilizes secondary data from sources such as journals, articles, and books on the Jordan human trafficking and the government's effort in combating the crime. This is them compared with the information acquired from questionnaires to develop new findings.
In data collection for the research, primary data is also used. This is through analysis of the Palermo conventions and legislation on the human trafficking laws. Semi structured interviews and questionnaires filling will be conducted on the involved parties to generate original information.
Reasoning from the case example, the Jordan human trafficking and the resulting findings that have been reported in the research and also the recommendations made are not a development of new rules or laws. A case example will be able to generate primary data as the research will be conducted on the agencies managers and staffs. In sampling technique for the research study, relevant sources are selected for the study and the literature review made from the relevant sources. This will include random sampling to avoid bias.
Data collection technique
Since the data used for the research is from both primary and secondary sources, various debates, inquiries on human trafficking and previous research reports will be collected for the study. Data is collected from secondary sources such as journals and previous studies. While primary data will be gathered from interviews and questionnaires.
The research is carried out in Jordan and the UK as the aim is examining the Jordan human trafficking and the United Kingdom's efforts to combat the trafficking through use of international conventions and instruments. As such the Palermo protocol is studied and analyzed. Information in Jordan will be accessed through the agencies and conducting of detailed interviews.
Data analysis
In analyzing data, the data is categorized to concepts and the concepts are explained on how they relate to one another by the connection of the data obtained. Key themes and issues will be identified through the use of coding analysis. In other words the key issues will be conducted to enable easier analysis and comparison to determine the most essential concepts.
Research Ethics
In research, when people are used as participants in the studies, research ethics focuses on the ethical issues that may arise in the research process. Research ethics ensure standards are maintained high when the research involves people for example in collecting data from them. As such ethics ensure the human participants are protected and the research serves the interest of the people and those research activities are well managed for their ethical soundness thus issues like confidentiality and participant's consents are ensured.[3]
Research ethics, therefore, refers to conducting the research in a morally right concept. Some ethical standards may well fit into a group and fail to in another group and therefore an ethical framework in research ensures ethical behaviours can well be determined by a group.
In the following research study, ethical standards were followed and strictly adhered to. The literature review section and the research in totality ensured no plagiarism from the previous studies and researchers. It was achieved by fully citing all the borrowed ideas by acknowledging the authors. Since the research is on sensitive human topic, and human beings are considered in the study, the selected case examples and the countries are well researched in the research paper to ensure sources of the information is well acknowledged and moral standards are well maintained to standards.
Research Goals
The main goal of the following research study is to examine and critically examine human trafficking in the case of Jordan and establish United Kingdom's role in combating and curbing the crime through the use and approach of the international instruments and conventions. The goal is achieved by critically analyzing the existing literature on human trafficking in Jordan and examining the available research papers on the case.
In reference to the main goal, the research will also seek to achieve the following additional goals;
- To examine the existing human trafficking laws in Jordan
- Identify the gaps in the laws, its implementation, consistency, and stability.
- To recommend reforms of the human trafficking laws so as to address the gaps and better address the menace of human trafficking.
Knowledge Contribution
With the main objective and goal of the research being to investigate the Jordan human trafficking phenomena in the UK and the role of the UK government in combating the crime through international conventions and instruments, an in-depth analysis of the phenomena will be conducted by use of existing literature and previous research studies available.
As such, the research paper will address and answer the research questions and finally, the objectives and the aims of the research will be achieved. By the research identifying the gaps that exist in the research literature, more understanding on the gaps that exist on the human trafficking laws will contribute to the knowledge by recommending reforms.
Through the findings of the research and through the wide applicability of the findings, the human trafficking phenomena can better be addressed and better instruments can be adapted to combat the crime not only in Jordan but globally.
Limitation of the study
The study is limited by the complexity and sensitivity of the human trafficking topic. In that accessing primary data proved to be a major challenge as well as difficulty in trying to narrow the extensive literature regarding the issue.
There are scanty information and data on the actual and the real number of victims of the human trafficking crime and therefore most researchers make their finding from estimates of previous studies.[4] This is because real victims of the trafficking crime fear taking surveys for they fear victimization.[5] Also, comparing laws from Jordan and the United Kingdom is complex as they both have different legal systems. However, the comparison is made possible by comparing common anti trafficking laws like the Palermo conventions.[6]
PLAN OF WORK
Without any doubt, data analysis is the most essential phase in any qualitative project. The data analysis procedure to be adopted by this research paper includes categorization of the data into concepts and connection of the data to demonstrate how a particular concept relates to another. The researcher will also corroborate and evaluate the alternative explanations that have been provided by the participants and then represent the findings. The researcher well follows the chapter’s list below.
Chapter 1 – Why is this chapter important/necessary?
1.1. INTRODUCTION
1.2. HISTORY
1.3. BACKGROUND
1.4 L W THE PROTOCOL –THE PAIT ATTACHED TO THE ORGANIZED CRIME TREATY
1.5 METHODOLOGY USED IN THE RESEARCH
Chapter 2
2.1 UK APPROACH TO HUMAN TRAFFICKING
2.1.1 A-ENGLAND
2.1.2 B-SCOTLAND
2.1.3 C-NORTHERN ISLAND
2.2 DEFINITION
2.2.1 EU DEFINITION –THE FRAME WORK
2.2.2 CONVENTIONS ON HUMAN TRAFFICKING
Chapter 3
3.0 JORDANIAN APPROACHES TO TRAFFICKING
3.1. Introduction- background to the Jordanian
3.2. Legal system- How laws are passed in Jordan
3.3. T H B – (trafficking human body) is it CONCTED to Jordan’s law organized crime definition
Chapter -4
4.1. OVERVIEW OF JORDAN REGION
4.2. Jordan EXTERNAL relations
4.3. EU AND the UFM
4.4. JORDAN – EU
4.5. JORDAN-C O F
4.6. JORDAN-OSCE
4.7. PROBLEM WITH NEIGHBOURS OF JORDAN
Chapter -5
5.1. JORDAN vs. UK system
Chapter -6
6.1. COMPARE CHAPTER - HUMAN RIGHTS
Chapter -7
8.1. Conclusions
8.2. Findings based on primary and secondary data.
8.3. Recommendations
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Paper Presented at International Conferences / Summer Schools / Invited Lectures
‘A Preliminary Reflection on the Work of the United Nations International Law Commission and Its Failure to Codify Crimes against the Environment in Time of Peace’, paper presented at the International Conference on Transitional and International Environmental Crime: Synergies, Priorities and Challenges’ Lincoln Law School, University of Lincoln, 15 February 2017
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‘Cultural Defences in International Criminal Law’ paper to be presented in the Annual Conference of the Socio-Legal Studies Association, Newcastle, 5-6 April 2017
‘Evolution of Ahkam Al Bughat: the Islamic Law of Rebellion and its Significance to the Current International Humanitarian Law Discourse’ paper presented at Brunel Law School Conference on ‘Interdisciplinary Perspectives on the History of Islamic International Law and the Intercultural Origins of the Law of Nations’, London, 28 Feb. 2014
‘Islamic Law: Segregation or Integration into the International Legal System’ paper presented in the Islam and International Criminal Justice Workshop organised by International Nuremberg Principles Academy, Nuremberg, Germany 14 October 2016
‘Joint Criminal Enterprise v. Co-perpetration and the Control over the Crime Theory’, a lecture to be presented to PG students at Maynooth University Department of Law, National University of Ireland, Maynooth, Ireland (Guest Lecturer – by invitation) 20 April 2016
‘The Prohibition of the Use of Force and the Crime of Aggression from the Viewpoint of Islamic Law’ paper presented at the 19th Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law, Salzburg, 1st August 2017
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Reports
- Pascalev, Assya, Kristof Van Assche, Judit Sándor, Natalia Codreanu, Anwar Naqvi, Martin Gunnarson, Mihaela Frunza, and Jordan Yankov. "Protection of human beings trafficked for the purpose of organ removal: recommendations." Transplantation direct2, no. 2 (2016).
- Payne, Michael C. "The Half-Fought Battle; a Call for Comprehensive State Anti-Human Trafficking Legislation and a Discussion of How States Should Construct Such Legislation." JL & Pub. Pol'y16 (2006): 48.
- Pingleton, Jessica A. "Finding Safe Harbor: Eliminating the Gap in Colorado's Human Trafficking Laws." Colo. L. Rev.87 (2016): 257.
- Ramon, S., Campbell, J., Lindsay, J., McCrystal, P., & Baidoun, N. (2006). The impact of political conflict on social work: Experiences from Northern Ireland, Israel, and Palestine. British Journal of Social Work, 36(3), 435-450.
- Balfour, R. (2009). The Transformation of the Union for the Mediterranean: Profile. Mediterranean Politics, 14(1), 99-105.
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- Ciborra, Claudio, and Diego D. Navarra. "Good governance, development theory, and aid policy: Risks and challenges of e-government in Jordan." Information technology for development 11, no. 2 (2005): 141-159.
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Thesis and Dissertations
- Ali, Abdelnaser S. Mohamed. "Smuggling of migrants in international law: a critical analysis of the protocol against the smuggling of migrants by land, sea, and air, supplementing the United Nations convention against transnational organized crime." Ph.D. diss., School of Law, 2014.
- Al-Zoubi, Muath Yahia Yosef. "An analysis of the crime of trafficking in persons under international law with a special focus on Jordanian legislation." Ph.D. diss., Brunel University London, 2015.
- Barnert, Elizabeth, Zarah Iqbal, Janine Bruce, Arash Anoshiravani, Gauri Kolhatkar, and Jordan Greenbaum. "Commercial sexual exploitation and sex trafficking of children and adolescents: a narrative review." Academic Pediatrics (2017).
- Bernat, Frances P., and Tatyana Zhilina. "Human trafficking: The local becomes global." Women & Criminal Justice20, no. 1-2 (2010): 2-9.
- Burch, Ryan Jay. "International Law and Human Trafficking." Global Review(2014): 77.
- Calandruccio, Giuseppe. "A Review of Recent Research on Human Trafficking in the Middle East1." International Migration43, no. 1‐2 (2005): 267-299.
- Chacón, Jennifer M. "Human Trafficking, Immigration Regulation, and Subfederal Criminalization." New Criminal Law Review: An International and Interdisciplinary Journal20, no. 1 (2017): 96-129.
- Cherneva, Iveta. "Human trafficking for begging." Hum. Rts. L. Rev.17 (2011): 25.
- Chuang, Janie A. "Using Global Migration Law to Prevent Human Trafficking." American Journal of International Law111 (2017): 147-152.
- Elliott, Jessica. The role of consent in human trafficking. Routledge, 2014.
- Gallagher, Anne T. The international law of human trafficking. Cambridge University Press, 2010.
- Greenbaum, Jordan, James E. Crawford-Jakubiak, and Committee on Child Abuse and Neglect. "Child sex trafficking and commercial sexual exploitation: health care needs of victims." Pediatrics135, no. 3 (2015): 566-574.
- Greenbaum, Jordan. "Identifying victims of human trafficking in the emergency department." Clinical pediatric emergency medicine17, no. 4 (2016): 241-248.
- Jordan, Ann D. "Human rights or wrongs? The struggle for a rights-based response to trafficking in human beings." Gender & Development10, no. 1 (2002): 28-37.
- Jordan, Ann. "Fact or fiction: What do we really know about human trafficking." Program on Human Trafficking and Forced Labour, Issue Paper3 (2011).
- Jordan, Jodi, Bina Patel, and Lisa Rapp. "Domestic minor sex trafficking: A social work perspective on misidentification, victims, buyers, traffickers, treatment, and reform of current practice." Journal of Human Behavior in the Social Environment23, no. 3 (2013): 356-369.
- Jordan, Richard. "The Appropriate Balance between Privacy and Freedom of Expression under UK Law: Just Where Does It Lie When Considering the Actions of the Press." QMLJ7 (2016): 16.
- Kartusch, Angelika. "Reference guide for anti-trafficking legislative review." Ludwig Boltzmann Institute of Human Rights, Vienna(2001).
- Kelly, Liz. "You can find anything you want": A critical reflection on research on trafficking in persons within and into Europe." International Migration43, no. 1‐2 (2005): 235-265.
- Khan, Md Zulfequar Ahmad, and M. Iftakhar K. Nury. "A CRITICAL ANALYSIS OF LEGAL FRAMEWORK OF WOMEN TRAFFICKING." (2015).
- King, Lindsey. "International law and human trafficking." Human Rights and human welfare online journal of academic literature review(2008).
- Lazare, Sarah. "Human Trafficking in Jordan." Multinational Monitor27, no. 3 (2006): 7.
- Lederer, L. J. "Sold for sex: the link between street gangs and trafficking in persons. The Protection Project Journal of Human Rights and Civil Society. 2011; 1–20." (2016).
- McCabe, Kimberly A. The trafficking of persons: National and international responses. Peter Lang, 2008.
[1] Kumar, Sameer, and Promma Phrommathed. Research methodology. Springer US, 2005.
[2] Maxwell, Joseph A. Qualitative research design: An interactive approach. Vol. 41. Sage publications, 2012.
[3] Resnik, David B. "What is ethics in research & why is it important." In ideas. 2015.
[4] Goodey, J. (2008), “Human Trafficking: Sketchy Data and Policy Responses”, Criminology and Criminal Justice, Sage Publication
[5] Askola H., Modern Issues in European Law: Legal responses to trafficking in women for sexual exploitation in the European Union, Portland, Hart Publishing, 2007
[6] Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention against Transnational Organized Crime, (2000), Office of the United Nations High Commissioner for Human Rights
