Discussion on Maria Valoes Fontenele’s paper on Trafficking, Conflict, Justice
Welcome to the discussion on Maria Valoes Fontenele’s research paper on
Trafficking, Conflict and Justice: A Study of the Distinct Remedies Available for Victims of Human Trafficking in the Aftermath of the Colombian Civil War
Abstract:
This study investigates the disparity in access to justice and reparations for victims of trafficking in persons in the context of armed conflict. While human trafficking sharing nexus with armed conflict is recognized as a war crime under international law, trafficking resulting from the indirect effects of war is often categorized as “common delinquency” and left to the mercy of domestic justice systems. This differentiation can be problematic in many modern-day conflicts where the lines between insurgency and criminality are blurred and populations are similarly vulnerable to exploitation from both politically motivated armed groups and profit-seeking criminal enterprises. For the purposes of the analysis, this research studies the issue in Colombia, where a long lasting internal armed conflict has impaired the state’s ability to protect its more vulnerable populations from exploitation arising from trafficking in persons. The analysis reviews scholarly work that contextualizes the issue of trafficking in persons in Colombia throughout the duration of the conflict; discusses the peacetime and humanitarian legal framework, especially the legal resources available to the victims; investigates court decisions arising from domestic criminal law and from the transitional justice mechanism in place. The study argues that an unjust hierarchy of victims can contribute to further marginalization of excluded victims, reduce trust in the State and undermine societal healing in the peace-building process.
The discussion is organised by the research environment Law, Space and Justice at the Faculty of Law, University of Turku.
The paper can be accessed after 5 May by contacting maria.m.valoesfontenele@utu.fi.