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ASSESSMENT OF THE EFFICACY OF LEGAL FRAMEWORKS AND ENFORCEMENT MECHANISMS IN ADDRESSING HUMAN TRAFFICKING IN UGANDA: A CASE OF IGANGA AND JINJA

CHAPTER ONE: INTRODUCTION

• Introduction

This chapter presents the background of the study, the problem statement, purpose, objectives of the study, research questions, study scope, justification of the study, significance, as well as operational definition of key terms and concepts.

• Background of the Study

Human trafficking is a global crime that exploits vulnerable individuals through force, fraud, or coercion for purposes of forced labor, sexual exploitation, or other forms of exploitation. Despite international efforts to combat it, human trafficking remains a significant challenge, necessitating robust legal frameworks and enforcement mechanisms (Stöckl et al., 2021).

According to ILO , (2018) there were over 24.9 million victims of human trafficking around the world, the report further indicates that forms of human trafficking includes,  forced labour, sex trafficking, or commercial sexual exploitation, and forced labor exploitation, both in the private sector and state-imposed, the report further indicates that trafficking happens in every region of the world, while it occurs everywhere, types of trafficking and coercion can vary based on local customs and individuals’ circumstances (Kehl, 2020).

Of the 24.9 million estimated victims of trafficking, the ILO found in 2016 there were about 20.1 million victims of labor trafficking globally. This includes any person who has been forced to work or perform a service under threats of penalty or harm (Cain, & Rothe, 2022). In many places, this can look like being forced to work in a factory, on a farm, or as a domestic worker. 9.2 million victims were men, and 10.9 million were women. 3.3 million were children,  4.8 million sex trafficking victims experiencing commercial sexual exploitation around the world in 2016. This category includes any adults who involuntarily participate in the sex industry and children experiencing commercial sexual exploitation. 3.8 million victims were adults, and 1 million were children. Globally, 99% of victims were women and girls (Okeke, 2021).

Legal frameworks encompass laws, regulations, and policies designed to prevent trafficking, protect victims, and prosecute perpetrators. These frameworks vary widely across countries and regions, influenced by factors such as socio-economic conditions, political will, and cultural norms (Scrittori, 2023), Countries with comprehensive anti-trafficking laws that criminalize all forms of trafficking, provide protection and support to victims, and promote prevention measures tend to have stronger legal frameworks. The development and implementation of national action plans and strategies are also essential components (Gilani, Khan, & Ali, 2022).

Collaboration among countries through international treaties such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) enhances the legal framework’s effectiveness by facilitating extradition, information sharing, and mutual legal assistance (Judge, & Dole, 2022). Adequate training, resources, and coordination among law enforcement agencies are critical for effectively investigating trafficking cases, arresting perpetrators, and securing convictions. Specialized units and task forces focused on trafficking can improve enforcement outcomes (Angkasa et al., 2023). Legal frameworks should prioritize victim identification, protection, and access to essential services such as shelter, healthcare, legal aid, and rehabilitation (Ofer, 2019). Victim-centered approaches that prioritize their rights and needs are fundamental to addressing human trafficking effectively (Feldmann, 2023). Prevention efforts, including public awareness campaigns, education initiatives, and targeted interventions in high-risk sectors, play a vital role in reducing vulnerability to trafficking and disrupting traffickers’ operations (Reenbaum et al., 2018).

According to Hoff and de Volder (2022), every year witnesses an undisclosed number of individuals entering the international migration system only to find themselves ensnared, exploited, coerced, or otherwise trapped in situations of abuse from which they struggle to break free. Many endure physical captivity, while others face subtle yet potent forms of coercion, such as being ensnared in debt bondage-like agreements. These individuals become commodities in a global industry worth billions of dollars, often controlled by highly organized criminal networks that operate with impunity (Khamzin, Buribayev, & Sartayeva, 2022). The convergence of escalating economic challenges, formidable barriers to legal migration, and internal turmoil has coincided with a noticeable uptick in trafficking incidents across all corners of the globe. Trafficking, often labeled as the “perfect crime,” yields substantial and sustained profits, boasts minimal apprehension risks, and faces exceptionally rare prosecution cases. Virtually no country remains untouched by this increasingly sophisticated and invariably ruthless phenomenon (Jaffe et al., 2022).

In recent years, human trafficking has transitioned from the fringes to the center of global political conversations. Governments now widely acknowledge trafficking as a significant income source for transnational criminal networks and a cause of political, social, and economic instability for both nations and individuals (Fabbri et al., 2023). The most notable and swift changes in response to trafficking have occurred within the legal realm. A mere ten years ago, the international legal landscape was dominated by a single, largely overlooked treaty from 1949, accompanied by scant provisions in a couple of human rights agreements (Akanbi, 2020). Today, trafficking is addressed by a vast array of international legal frameworks and domestic legislations, alongside numerous non-binding standards ranging from policy guidelines to regional commitments. The extent and profundity of this legal transformation are truly noteworthy. The global community managed to negotiate a comprehensive agreement to combat trafficking in just two years, and within an additional three years, enough countries ratified the treaty for it to become enforceable (White, 2020).

Uganda boasts the largest population of unemployed youth on the continent and globally. Presently, a staggering 80% of the youth are without jobs, including university graduates, with 90.9% navigating the informal sector due to the scarcity of formal employment opportunities. While this is a stark reality, it’s crucial to note that unemployment isn’t the sole driver of trafficking (Offia, 2019). In 2014, Danielle Yaste, a former SIT student, delved into the cultural and societal factors fueling Human Trafficking in Uganda. She highlighted cultural norms as significant contributors to this issue, sentiments echoed by participants in her study. Annette Kirabira, founder of RAHAB Uganda, voiced how traditional values once encouraged children to seek better education or employment through extended family support. However, Kirabira notes that these values are now exploited, leading to vulnerabilities that traffickers exploit (Klabbers et al., 2023).

Unemployment and social culture are not the only severe issues causing populations to be vulnerable to trafficking however unemployment is a powerful push factor that deter people from their domestic market to explore the job market abroad by any means necessary. The push factors for labor migration include severe unemployment, high drop-out rates from schools and lack of ownership of natural resources such as land titles. Land ownership is especially rare for youth in Uganda. The pull factors for labor migration are the abundance of jobs and the prospect for better work and pay abroad. The pull factor for traffickers to traffic people is that human trafficking is a lucrative business. Second only to drugs and arms trafficking, human trafficking rakes in about $150 billion (Kiss et al., 2022).

Busoga region in Uganda stands out as high-prevalence area for human trafficking, marked by forced labour, sexual exploitation, and other forms of exploitation. This region faces numerous social and economic challenges, including poverty, illiteracy, unemployment, and gender inequality, making its population vulnerable to human trafficking.  It is against this background that this study intends to investigate into assessment of the efficacy of legal frameworks and enforcement mechanisms in addressing human trafficking in Uganda.

1.2 Problem Statement

The prevalence of human trafficking in Uganda, particularly in the Busoga region, underscores a critical need to assess the efficacy of existing legal frameworks and enforcement mechanisms in combatting this global crime. Despite concerted international efforts and the development of comprehensive legal instruments such as the Palermo Protocol, human trafficking continues to thrive, exploiting vulnerable individuals, especially women, children, and unemployed youth. Factors such as poverty, unemployment, cultural norms, and lack of access to resources contribute significantly to the vulnerability of populations to trafficking. Therefore, there is an urgent need to evaluate the effectiveness of legal measures, enforcement strategies, victim protection mechanisms, and prevention initiatives in addressing the multifaceted challenges posed by human trafficking in Uganda.

1.3 General objective of the study

The primary purpose of this research is to assessment of the efficacy of legal frameworks and enforcement mechanisms in addressing human trafficking in Uganda.

1.4 Specific objectives

The research will pursue the following objectives:

1. To evaluate the adequacy of existing legal frameworks in Uganda aimed at combating human trafficking, including international agreements, national laws, and policies.
2. To examine the effectiveness of law enforcement agencies and mechanisms in Uganda in identifying, investigating, and prosecuting cases related to human trafficking.

• To Identify gaps, challenges, and best practices in the legal and enforcement landscape of Uganda regarding human trafficking.

1.5 Research Questions

The study will address the following research questions:

1. What is the adequacy of existing legal frameworks in Uganda aimed at combating human trafficking, including international agreements, national laws, and policies?
2. What is the effectiveness of law enforcement agencies and mechanisms in Uganda in identifying, investigating, and prosecuting cases related to human trafficking?

• What are gaps, challenges, and best practices in the legal and enforcement landscape of Uganda regarding human trafficking?

1.7 Scope of the Study

This scope will be divided into the Content scope, Geographical scope and Time scope.

1.7.1. Content Scope

The study will focus on assessing the adequacy of the laws, Regulations and their enforcement measures in combating human trafficking in Uganda. It will also consider regional, national and international perspectives on the issue

1.7.2. Geographical scope.

This research will focus on Iganga and Jinja in Busoga Region in Uganda.

1.7.3. Time scope.

The study will cover a period from 2019 up to 2024, The choice of this period is informed by a very high rise of human trafficking cases after the Covid pandemic.

1.8 Significance of the Study

1.8.1 Academic justification

This research will fill a knowledge gap which has been identified in the literature review.

In this regard, the study will generate new knowledge in human trafficking legal regulations and enforcement mechanisms

1.8.2 policy justification

The study’s findings will be beneficial to various stakeholders, including government agencies, law enforcement, non-governmental organizations, and the general public. Understanding the weaknesses in the current anti-human trafficking efforts will inform policies and interventions to better protect victims and prevent trafficking in the Iganga and Jinja Districts.

CHAPTER TWO: LITERATURE REVIEW

2.0 Introduction

This literature review delves into two critical aspects of the fight against human trafficking in Uganda. Firstly, it examines the adequacy of the existing legal frameworks in Uganda for addressing human trafficking. Secondly, it explores the enforcement mechanisms and practices related to human trafficking laws. The review draws from a range of research and scholarly articles to provide valuable insights into these complex issues.

2.1 Adequacy of existing legal frameworks in Uganda aimed at combating human trafficking, including international agreements, national laws, and policies.

Globally Human trafficking is a pervasive and complex multifaceted crime that exploits individuals for various purposes, including forced labor, sexual exploitation, and organ harvesting. To combat this egregious violation of human rights, numerous laws and international agreements have been enacted globally, these legal frameworks aim to prevent human trafficking, protect victims, and prosecute perpetrators (Fehrenbacher et al., 2020).

United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons: Also known as the Palermo Protocol, this international treaty supplements the United Nations Convention against Transnational Organized Crime. It provides a comprehensive definition of human trafficking and calls on signatory states to criminalize trafficking, protect victims, and promote international cooperation (Lockhart, 2023).

Trafficking Victims Protection Act (TVPA), this was enacted Enacted in the United States, the TVPA is a landmark legislation that addresses human trafficking comprehensively. It focuses on prevention, prosecution, and protection, including provisions for victim assistance programs and the establishment of the annual Trafficking in Persons (TIP) Report (Nwala, 2023), in addition to that European Union Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims: The EU directive sets standards for preventing human trafficking, protecting victims, and prosecuting offenders across EU member states. It emphasizes a victim-centered approach and encourages cooperation between law enforcement, NGOs, and other stakeholders (Schloenhardt et al., 2023).

Council of Europe Convention on Action against Trafficking in Human Beings, this convention, adopted by the Council of Europe, aims to prevent and combat human trafficking while ensuring the rights of victims. It includes measures such as victim protection, assistance, and support for child victims (Karenga, 2022), Many countries have enacted specific laws targeting human trafficking within their jurisdictions. These laws vary in scope and approach but generally include provisions for criminalizing trafficking, protecting victims, and coordinating efforts among law enforcement agencies and civil society organizations (Smith, 2021).

International Labor Organization (ILO) Conventions while primarily focused on labor standards, several ILO conventions address aspects of human trafficking, such as forced labor and child labor. These conventions, including the Forced Labour Convention and the Worst Forms of Child Labour Convention, contribute to the global legal framework against trafficking Mejía, 2021).

In addition to international and national laws, various regional initiatives exist to combat human trafficking. For example, the ASEAN Convention Against Trafficking in Persons, Especially Women and Children, addresses trafficking in the Southeast Asian region. Some jurisdictions have introduced legislation or guidelines that hold corporations accountable for preventing human trafficking in their supply chains. These measures aim to promote ethical business practices and reduce the risk of exploitation in labor-intensive industries (Gustiani, & Widowaty, 2023), while these legal instruments provide a foundation for addressing human trafficking, challenges remain in implementation, enforcement, and coordination among stakeholders. Efforts to strengthen and harmonize laws at the global, regional, and national levels are ongoing to improve the effectiveness of anti-trafficking measures and better protect vulnerable populations (Emeziem, 2023).

Human trafficking affects all nations across the globe. It is not a new phenomenon, but contemporary technologies appear to have increased its scale and public awareness of its reach. While human trafficking may not be new, the number of persons being trafficked against their will is new and alarming. There is widespread agreement the problem calls for immediate action to effectively put an end to illegal trade in humans. Human trafficking, according to the Palermo Protocol, is the recruitment, transportation, transfer, harboring, or receipt of persons using threat or use of force, coercion, abduction, giving or receiving payment to achieve the consent of a person or having control over another person for exploitation (Parreñas et al., 2012).

The United Nations has faced criticism for its broad definition of human trafficking, leading to conflicting legal interpretations and a lack of consensus among Member States on the scale of the problem (Parreñas et al., 2012). A notable report ranks human trafficking as the third most profitable illegal activity, trailing behind the illegal arms and drug trades. While both genders are affected, females, particularly women and girls, face a higher risk of being trafficked for sexual exploitation and involvement in prostitution (News-Center, 2018). A 2017 report from the International Labour Organization (ILO) highlighted labor trafficking as a more widespread issue, with an estimated 40.3 million victims forced into illicit labor and modern slavery (News-Center, 2018). Specifically, Asia alone accounts for 9.5 million of these trafficked individuals (Feingold, 2023).

According to estimates from the United States Department of State, around 80% of yearly trafficking victims are female, with 70% of them forced into the sex industry (Clawson et al., 2009). These figures are further reinforced by the United Nations Office on Drugs and Crime (UNODC), which reports that about 72% of trafficked migrants are women and girls, with the number of female children doubling from 2004 to 2016 (MonarchMUN, 2019).

Victims of human trafficking who are forced into labor or sexual exploitation are often ignored with very little protection or support while being victimized and they are more often than not foreign nationals who are at a higher risk of being deported if they are arrested and charged (Human Trafficking and Sex Work, 2021). As of 2020, 90 percent of the United States of America’s federal 24 million trafficking prevention budget has been dedicated to arresting sex workers rather than to detect and deter traffickers or assist victims which further exacerbates the challenges that victims of trafficking face (ACF, 2020). Human trafficking is modern-day slavery and according to the UN Chronicle, there are approximately 2.4 million people currently being trafficked with 600,000 – 800,000 being trafficked across international borders annually. In the context of Uganda’s legal framework, Woo (2022) points out the limited adoption of domestic statutory laws targeting human trafficking in Sub-Saharan African countries, including Uganda. This observation raises questions about the comprehensiveness and effectiveness of Uganda’s legal framework in combating human trafficking. Al-Tammemi et al. (2023) emphasize the need for comprehensive legal provisions that include criminalization of human trafficking and strong protections for victims. Their findings underscore the necessity of a more robust legal framework in Uganda.

The review also highlights the importance of considering various sectors and industries where trafficking can occur.  although not specific to Uganda, it underscores the need for a broad legal framework that covers these areas, which is crucial for comprehensive anti-trafficking measures. Additionally, Obokata (2006) recommends incorporating human rights principles into Uganda’s legal framework, emphasizing the importance of respecting the rights and dignity of trafficked victims.

Human trafficking is often viewed through the lens of criminal justice, focusing on punitive measures against offenders. Traditionally, it has been treated as a crime to be tackled with law enforcement strategies emphasizing deterrence and punishment. The primary goal, as per the criminal law perspective, is to identify and prosecute traffickers, encouraging countries to criminalize trafficking and bring perpetrators to justice. This approach, according to experts, offers the advantage of directly targeting traffickers, raising public awareness, and signaling consequences for engaging in trafficking (Demeke, 2024).

A Human Rights-Based Approach (HRBA) entails considering, at every stage, the potential impact of laws, policies, practices, or measures on the human rights of trafficked individuals and other affected groups. This approach, as outlined in section 4, integrates principles and guidelines from internationally accepted human rights norms and values, always emphasizing the primacy of human rights. It prioritizes safeguarding the rights of trafficked survivors while also upholding the rights of suspects, accused individuals, or those convicted of trafficking crimes. Thus, adopting this approach enables the criminal justice system to strike a balance between protecting survivors’ interests (crime control) and upholding the rights of those involved in legal proceedings (due process).

Explaining the concepts of “rights of the right holder” and “obligations of the right bearer,” an HRBA recognizes every human being as a rights-holder with corresponding duty-bearers (KirkemannBoesen and Martin 2007). This perspective implies that individuals can assert their rights against a properly functioning state while also necessitating that rights-holders can enforce their rights against the duty-bearer. Therefore, individuals must have access to public authorities such as courts, police, and political representatives at local or national levels (Broberg and Sano 2018). In the context of responding to human trafficking through the criminal justice system, this approach aids in identifying entitlements and obligations throughout legal proceedings, assessing the extent to which these rights are exercised, and obligations are fulfilled in practice.

Cooperation and partnership are crucial in addressing human trafficking, requiring collaboration among government agencies, as emphasized in both the transnational organized crime convention and the Palermo Protocol. A human rights-based approach plays a pivotal role here, assisting partner governments in fulfilling their obligations and fostering cooperation by aligning development assistance with treaty obligations and domestic laws (Pact and USAID’s Center of Excellence on Democracy, Human Rights, and Governance 2018).

Furthermore, the concept of accountability is fundamental in a rights-based approach, serving as a key element in ensuring human rights protection (Alston et al. 2005). Acknowledging human rights imposes a duty on the state to protect its citizens from rights violations, reflected in international human rights treaties that legally bind states to realize these rights (Invernizzi and Williams 2016). Consequently, accountability is not only expected from policymakers but also from those whose actions impact people’s rights (Office of the United Nations High Commissioner for Human Rights 2005a, 2005b). However, addressing human rights aspects within the criminal justice system can be challenging in practice, given the complex nature of the phenomenon.

However, critiques of this approach highlight its failure to prioritize fundamental human rights, especially the protection of survivors. In law enforcement proceedings, trafficked survivors are often seen primarily as a means to convict traffickers, with their testimony being crucial. This narrow focus neglects the broader needs and safety of survivors. Critics argue that the current anti-trafficking framework equates justice for survivors solely with punishing offenders. Additionally, witness protection programs within these criminal proceedings are often inadequate, leaving witnesses vulnerable. This neglect of survivors’ human rights is also evident in the international legal framework, reflecting a broader issue within the approach to combating human trafficking (Pretorius, 2020).

Furthermore, the literature suggests that addressing human trafficking requires more than just legal provisions. Hoblet et al. (2020) emphasize the significance of training and awareness programs for professionals who may come into contact with trafficking victims. In conclusion, it is evident that a well-rounded approach is essential for effectively combating human trafficking in Uganda, involving criminalization, victim protection, sector-specific measures, and a human rights-based perspective, alongside training and awareness programs.

2.2 The effectiveness of law enforcement agencies and mechanisms in Uganda in identifying, investigating, and prosecuting cases related to human trafficking

Moving on to the enforcement mechanisms and practices related to human trafficking laws, Cho (2015) underscores the multifaceted nature of the response to human trafficking, including prosecution policies, victim protection, and prevention efforts. Effective enforcement mechanisms must address all these elements to comprehensively combat trafficking. Farrell et al. (2019) stress the role of law enforcement agencies in investigating and prosecuting human trafficking cases, with their effectiveness influenced by factors like comprehensive state laws, available resources, and interagency cooperation.

In Africa, human trafficking is characterized by the exploitation of individuals for financial gain or other advantages (Alvarez & Alessi, 2012). Women and girls are often coerced, deceived, or forced into exploitative situations, and traffickers frequently leverage existing migration routes to transport victims to specific locations. Children, in particular, are highly vulnerable to trafficking due to their age, lack of maturity, and limited experience, making them susceptible to various forms of abuse that can hinder their physical and psychological development (IOM, 2003; IOM, 2010).

Kyle & Koslowski (2001) and Hulsey (2014) attribute the surge in human trafficking in Africa during the 1840s to three primary factors. Firstly, there was a growing demand for labor in gold mining and plantation construction projects, targeting single, nonwhite males to replace African American slaves on plantations (Kyle and Koslowski, 2021; Hulsey, 2014). Secondly, the influence of colonial structures and the dominance of Western markets further fueled the demand for unskilled labor (Kyle and Koslowski, 2021).

Human trafficking is a significant issue in Uganda, as in other East African nations, involving both internal and cross-border activities. In Uganda specifically, human trafficking takes place for various purposes, including sexual exploitation, forced labor, pornography, and domestic work. The Ministry of Internal Affairs’ 2014 Report highlighted several illegal activities in which victims of human trafficking are exploited, such as rebel/terrorist activities, drug trafficking, street begging, pornography, prostitution, and petty thefts.

One of the most prevalent forms of human trafficking globally, particularly concerning women and children, is for sexual exploitation. This form accounts for a majority of trafficking victims worldwide. Different regions have distinct reasons for trafficking individuals. For example, due to the prolonged conflict between the Lord’s Resistance Army (LRA) and the Uganda People’s Defence Force (UPDF), there was a significant demand for trafficked labor for military and sexual exploitation services in Northern Uganda until recently.

Furthermore, reports suggest that Ugandan militaries also utilize trafficked victims for labor and sexual services for their soldiers. Human Rights Watch has accused the UPDF of forced recruitment, including children, especially through the Local Defence Forces (LDFs). These practices underscore the complex and multifaceted nature of human trafficking in Uganda, with various factors contributing to its persistence and expansion, While the review notes that the influence of human trafficking advocacy groups on policy and enforcement efforts has not been extensively studied (Farrell, 2013), it acknowledges the potential impact of such groups in shaping anti-trafficking strategies. Wilson and Dalton (2008) point out the challenge of victim cooperation in human trafficking cases due to fear of retaliation and distrust in law enforcement. Building trust and providing support to victims are vital aspects of effective enforcement practices.

Comprehensive laws that criminalize all aspects of human trafficking, including recruitment, transportation, and exploitation, are crucial for a strong legal framework (Bello and Olutola, 2022). Additionally, the review highlights the importance of staying current with evolving criminal methods, such as the use of technology like cryptocurrencies in human trafficking (Naheem, 2020).

Training and capacity-building programs for law enforcement agencies are identified as essential by Wilson et al. (2006). Furthermore, the review acknowledges that political determinants, including the composition of national cabinets and parliaments, can significantly influence the enforcement of policies related to human trafficking.

The debate over the criminalization and legalization of prostitution, as discussed by Cho et al. (2013), is recognized as a relevant factor in the enforcement of human trafficking laws. Different legal approaches can impact the dynamics of sex trafficking, and this complex relationship requires careful consideration in anti-trafficking strategies. Finally, the use of law enforcement data in trafficking research is an emerging field, providing valuable insights into the prevalence and characteristics of trafficking cases (Cockbain et al., 2019).

As per the 2014 TIP report, Uganda remains a hub for human trafficking, serving as both a transit point, destination, and source of victims. The majority of victims, especially those involved in transnational trafficking, are recruited by individuals and unlicensed entities, particularly in the Kampala metropolitan area. These agencies operate without knowledge of trafficking laws and lack proper licenses, contributing to the rise in trafficking cases. Hajah Noraihan, Uganda’s honorary consul in Malaysia, highlighted a concerning trend: the number of Ugandan girls working in Malaysia’s sex industry surged from 30 in 2008 to 600 in 2012 (The Daily Monitor, February 15, 2012). Notable aspects of human trafficking in Uganda include instances of human sacrifice, internal trafficking, and systemic corruption.

2.3 Challenges’ and gaps in combating human trafficking

Combatting human trafficking is a multifaceted challenge that requires a holistic approach, as highlighted in this literature review. Several key obstacles and gaps in addressing human trafficking have been identified. Firstly, there is a significant need for accurate victim identification, both domestically and internationally, to ensure the provision of appropriate services (Macy and Graham, 2012). Challenges in identifying and aiding traffick victims are exacerbated in regions marked by ethnic tensions, political instability, corruption, and the failure of state agencies to protect vulnerable individuals. These contextual challenges hinder effective anti-trafficking efforts, emphasizing the importance of addressing not only the immediate issues but also the broader socio-economic and cultural factors contributing to trafficking. Migration has become a global phenomenon, with individuals traversing local, national, and international boundaries due to various factors such as economic, social, political, and security considerations. The heightened awareness of security threats and the imperative to safeguard national interests concerning labor markets, public health, disease management, crime prevention, among others, has led to stricter visa regulations aimed at managing migrant flows into countries (Vhumbunu, 2020).

The motivations for migration vary widely. Many migrants from less developed nations are attracted by economic opportunities in more developed countries, while others are compelled to move due to factors like conflict, environmental challenges, or political instability. Consequently, countries that host migrants are increasingly refining their visa application processes and requirements, using visas as a tool to further their foreign and domestic policies (Trajano, 2014).

Visa applicants and migrants entering through ports of entry are typically required to fulfill specific criteria for various types of visas, including short-term stays, tourism, long-term residency, work permits, educational purposes, or seeking asylum or refugee status (Motseki, 2022).

While global migration continues to rise, citizens in developing nations face significant hurdles complying with immigration regulations. According to Mau et al. (2015), citizens from economically and politically fragile countries in the Global South, especially in Africa, experience limited mobility rights compared to their counterparts in industrialized nations. This disparity has led to an exploitative trend, where individuals posing as ‘travel agents,’ ‘consultants,’ ’employers,’ or ‘facilitators’ prey on vulnerable populations. These actors make false assurances, deceive victims, or even resort to coercion to traffic individuals into forced labor, commercial sex work, sex slavery, organ trafficking, forced military service, or other exploitative purposes. The International Organization for Migration’s (IOM) Human Trafficking Global Database notes that while human trafficking takes various forms, such as sexual exploitation, sexual slavery, forced marriage, armed conscription, and forced labor, the predominant form since 2005 has been forced labor, followed by sexual exploitation.

Secondly, there is a gap in the evaluation capacity within the field of anti-trafficking (Macy et al., 2022). The rapid growth of anti-trafficking organizations and funding has outpaced evaluative efforts, resulting in knowledge gaps. To bridge these gaps, strengthening evaluation capacity is necessary. Additionally, international cooperation poses challenges, particularly in regions like Southeast Asia, where mechanisms and legal incompatibilities between countries hinder collaborative anti-trafficking efforts. Effective international coordination is vital to combat trafficking networks and address this global issue comprehensively.

Finally, addressing the multifaceted nature of human trafficking requires a multidisciplinary approach. The unseen aspects of trafficking, including its socio-economic and cultural underpinnings, pose significant challenges and must be collectively tackled with contributions from various fields. Moreover, there is a critical need to bridge the training gap among healthcare professionals and other relevant professionals to help them identify and respond to trafficking cases (Stoklosa et al., 2022). A train-the-trainers model is emphasized to equip professionals with the necessary knowledge and skills.

CHAPTER THREE

RESEARCH METHODOLOGY

3.0 Introduction

This chapter presents the research paradigm, research design adopted for the study, population, sample and sampling strategies, data collection methods and tools, data quality control, ethics, gender consideration, the limitations and delimiters of the study.

3.1 Research paradigm

Efficacy of legal frameworks and enforcement mechanisms in addressing human trafficking is a social real-life issue that can be explained using different theoretical frames. However, for purpose of answering the research question, the study will be Descriptive in nature. This is concerned with what works and provides solutions to an identified problem, A descriptive design refers to a research methodology used to systematically describe a phenomenon, situation, or group of individuals without manipulating variables or attempting to establish causation. It involves observing and documenting characteristics, behaviors, or patterns within a specific context, often through surveys, questionnaires, interviews, or direct observations. Descriptive designs are commonly used in social sciences, education, psychology, and other fields to gather information about the current state of affairs, establish baselines, or explore relationships between variables, (Creswell, 2013; Patton, 2002) descriptive research desighn has been adopted because it is excellent for capturing data as it naturally occurs in real-life settings, it allows qualitative data that adds nuance and insight, often serve as the foundation for more in-depth research because they can  identify trends, patterns, and areas of interest that can be explored further through experimental or correlational studies, provides a holistic understanding. Thus descriptive design gives the researcher the freedom of choice of methods, techniques, and procedures of research that best meets the needs and purpose of the study (Creswell, 2013).

The study will adopt the the case study is a method of study that focuses on in-depth rather than breadth. This research will use a case study design involving three different communities in iganga and jinja. The case study is a design in qualitative research an objective as well as a product of inquiry (Creswell, 2013). It is where the researcher explores real-life multiple bounded systems (cases) over time through detailed in-depth data collection involving multiple sources of information in which inferences can be drawn (Creswell, 2013).

3.2 Area of Study

The study will cover the different police stations in jinja and iganga, and some established NGO’s in the area that are dealing with human rights.  Jinja is in Jinja District, Busoga sub-region, in the Eastern Region of Uganda. It is approximately 81 kilometres (50 mi) east of Kampala, the capital and largest city of Uganda. It sits along the northern shores of Lake Victoria, near the source of the White Nile, at an average elevation of 1,204 metres (3,950 ft) above sea level. Iganga is located in Uganda’s Busoga sub-region. It lies approximately 40 kilometres (25 mi) northeast of the city of Jinja on the highway between Jinja and Tororo. This is approximately 108 kilometres (67 mi), by road, southwest of Mbale, the largest city in Uganda’s Eastern Region. The coordinates of the town of Iganga are:0°36’54.0″N, 33°29’06.0″E (Latitude:0.6150; Longitude:33.4850).

3.3 Population

The population is the entire set of respondents from whom the study sample with common observable characteristics (sample) will be drawn (Taherdoost, 2018). The population of the study is 265 respondents as shown in the table below;

Table A: Population of possible respondents

3.5 Sample Size and Sampling Strategies

A sample is any part of a fully defined population (Banerjee and Chaudhury, 2010). Here below the sample size and sampling strategies of the study are explained.

3.5.1 Sample Size

The ideal sample size for researchers as respondents will be calculated using the Cochran formula at the desired level of precision, confidence level, and the estimated proportion of the attribute present in the population. Using krecie and morgan table for samples size determination a sample size of 155 will be selected from the total population 265.

3.5.2 Sampling Techniques

Three sampling techniques will be used to select the respondents as here below explained

3.5.2.1 Stratified Sampling

Stratified sampling is where the population is divided into strata (or subgroups) and a random sample is taken from each subgroup. A subgroup is a natural set of items. Subgroups might be based on company size, gender, or occupation (to name but a few). Stratified sampling is often used where there is a great deal of variation within a population. Its purpose is to ensure that every stratum is adequately represented. A sample for each of the study sites as a stratum was calculated.

3.5.2.2 Random Sampling

At each institute, the respondents for questionnaires will be selected using random sampling. The researchers’ list shall be requested from the Human Resources Office in each institute. The entire population of the researchers at each institute will be given a number code and the numbers will be put together in a bag and randomly select one by one with replacement until all the required sample at each site is selected. All those selected will then be contacted with a request to participate in the study by answering a questionnaire.

3.5.2.3 Purposive Sampling

Purposive sampling known as judgmental sampling is defined as selecting a relatively small number of respondents who can provide valuable information related to the research questions under examination (Teddlie and Tashakkori, 2009). The rationale for purposive sampling is its ability to enable the selection of informed persons who possess vital information, comprehensive enough to gain a better insight into the problem under study. Purposive sampling will be used to select key informants. These include; Ngo officials , District labour officials and Low cadre police officers. The office-bearers in the identified categories above are assumed to be information-rich on issues related to research data practices within institutes by virtual of their roles, training, and skills. A list of office holders in those categories will be identified with the help of the Human Resources Office at each institute. Where there is more than one person in each category, the most senior will be selected. The selected respondents will then be contacted requested for an interview.

3.6 Data collection methods and tools

Data will be collected using multiple data collection tools. The tools will include: questionnaires, interviews, and document reviews

3.6.1 Questionnaire

Questionnaires will be used to collect both quantitative and qualitative data for analyzing the efficacy of legal frameworks and enforcement mechanisms in addressing human trafficking. Questionnaires will be used to collect data from respondents who are currently enrolled as researchers at different professional levels at the institutes of study. These include senior researchers, middle and junior/Ph.D. student researchers. Researchers as respondents in this study are important since they play a critical role in the research data lifecycle. Questionnaires with options for selecting and measuring based on the Likert scale are considered appropriate for the study.

However, due to restrictions imposed by logistics, questionnaires have been designed in several formats to allow wider distribution to researchers and as a strategy to reduce the risk and improve the response rates. Thus, a print copy will be available at the office of the person responsible for research at each study site.  This will be accessible to identify researchers who may need a physical copy to fill. In addition, an electronic link will be sent via individual official electronic mail to all identified researchers with a request to answer the questionnaire prepared in Google form within a specified time of about 10 weeks with a weekly reminder if one has not already filled in the questionnaire. The questionnaire will be concurrently distributed to all study institutes. Thereafter all physically completed questionnaires shall be collected and input into the Google forms by the researcher and input into SPSS for analysis.

3.6.2 Interview

The interview is a data collection method in qualitative methods. It is where the respondents reply to questions asked by the interviewer verbal communicating and spoken narratives of insights constructing their social world (Ritchie, et al., 2013). This method will be used to collect verbal responses from respondents; Ngo officials, District labour officials and Low cadre police officers. Interviewing this category of respondents will reveal in-depth personal accounts and explore issues in detail about research data, its management, readiness, challenges experienced, and thereafter interviewees may make suggestions proposing a measure that could enhance adoption and efficacy of legal frameworks and enforcement mechanisms in addressing human trafficking and the readiness required to achieve this in compliance to funders and publishers requirement. Interviews shall be held at the respondents’ place of work or by telephone whatever is convenient to the interviewee. Interviews will be recorded on request and thereafter transcribed into textual data for analysis. The text will be assumed to be a replica of the verbal responses of the respondents.

3.6.3 Document Review

Written documents are a pervasive socially constructed representation of reality in institutions (Patton, 2002). However, documents pose challenges among which are access to official documents, understanding how and why they were produced, and difficulty to determine their accuracy.  Nonetheless, as a data collection method, documents to be reviewed will include: legal and policy documents; strategic and annual plans; statistical and research-related reports of institutes understudy and collaborators, and oversight institutions’ reports. Despite the challenges, documents are an important source of data related to the institutional context that could be useful in understanding the efficacy of legal frameworks and enforcement mechanisms in addressing human trafficking.  Therefore, document review will provide evidence of what is taking place reservee what is documented. Identified documents will be requested from the respective institute Administrators for review.

3.7 Data Collection Tools

Data will be collected using: Questionnaires (Appendix 1), Interview guides (Appendix 2a, 2b, and 2c and a Document review guide (Appendix 3).

3.8 Data Quality Control

Data quality control are measures put in place to ensure data integrity and authenticity and to safeguard the quality of the research output.

3.8.1 Validity

Validity is how well an instrument measures what it is supposed to measure (Taherdoost, 2018). The goal of validity is to ensure accurate, objective, and neutral representation of the topic under study (Marwill and Rossman, 2011). A pre-test will be carried out to assess the face validity of the data collection tools to gauge the meaning and attributes of the questions both in interview and questionnaire (Ng ’ Eno, 2018). The pre-test shall also assess whether the data collection tools capture the information required for the study. It will also help to give confidence to the researcher in data collection and eliminate barriers such as resistance to recording and mistrust of the researcher’s agenda which shall consequently strengthen the study (Marwill and  Rossman, 2011).

3.8.2 Reliability

Reliability is defined as a measure of the degree to which a research instrument yields consistent results or data after repeated trials (Mugenda and Mugenda, 2003). It reflects the degree of consistency in the understanding of the questions set. Therefore, reliability refers to the level of consistency and stability of the results. In this study, reliability will be assessed by test-retest technique in the pilot study. The technique involved selection of the group and administration of the instruments to it. This technique involves piloting the instrument by administering the same instrument twice to the same group of respondents. The researcher will administer the same instrument again to the same respondents after one to two weeks. The scores from both tests will be correlated and evaluation of results done. The researcher will use the instrument if there is a high correlation in the scores.

3.9 Data presentation and analysis

Data shall be collected from each study site and analyzed. Thereafter, cross-case conclusions shall be made and the report written.  However, all collected data shall be under the custody of the researcher. Qualitative data will be presented using the themes derived from the interpretations analyzed by NVIVO software to give deeper research insights. The software will be used to create mind maps to quicken the process of analyzing qualitative data (Godau, 2014). Qualitative data will be presented in form of direct quotations from respondents explaining in detail their experiences and practices.

Quantitative data will be analyzed using Statistical Package for Social Scientists (SPSS) and presented using interactive statistical analysis.

3.10 Ethical consideration

A letter of authorization will be sort from the department of law and presented both iganga and jinja requesting for permission to conduct the study.

The study will observe the principles of research ethics which include;

• Informed and written consent will be obtained from participants.

The researcher will brief the respondents on the importance and the benefit of participating in the study. This will be done through the use of disclosure forms which will be given to each participant should they wish to participate. Respondents will be encouraged to take part in the study voluntarily however, should at any one time a participant wish to withdraw, then their decision will be honored.

• Confidentiality

All information provided by the respondents will be treated with maximum confidentiality. This will be attained through the use of codes and pseudo names instead of actual names. Questionnaires will be distributed directly to the respondents and collected immediately after they have been filled.

• Honesty

Honesty will be upheld throughout the research process in reporting data, coding results and methods & procedures in order to avoid misinterpretation of data and distrust. All sources will be acknowledged by means of references.

3.11 Anticipated Limitations

The researcher anticipates finding uncooperative respondents during data collection process however, she will effectively build rapport so as to break the ice. In addition, one of the staff members / community workers whom the respondents are familiar with will be trained and requested to participate so that the clients / respondents feel at ease to respond (that will be done on request from both sides).

The researcher will ensure that all questions are well explained with the aid of interpreters in order to avoid misinterpretations or irrelevant information filled in as a result of differences in literacy levels. In addition, pre-testing will be carried out by the researcher from a different depression survivors’ group who will not be part of the main study to assess whether the responses will be what the researcher hopes to obtain with the final group participants. If the responses are answered similar to what the researcher expects, then the research will continue with the questionnaires however, if the responses do not completely correspond with the information the researcher intends to obtain, then the questions will be edited so that they are relevant and provide the necessary information needed.

Due to the current Corona virus and red eye pandemic within Uganda and the world at large that has affected daily livelihoods of many people. Most Ugandans despite corona virus having almost left the world many Ugandans are still in fear of foreigners; the presences of LDUs, the researcher also fears getting infected from within the communities where research will be carried out as not all communities may be safe.

In addition, as a result of Covid-19, that has left many unemployed, the researcher anticipates having difficulty to resources inform of capital to cover the costs of printing questionnaires and transportation to different areas of reach however, the researcher intends to fund raise from among her family, friends and well-wishers.

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