Evaluating The Impact Of Cybercrime On The Development Of An Appropriate Regulatory Regime To Combat Women Trafficking

Regulatory regime in Nigeria

The paper provides an overview of the existing problem of trafficking in women for prostitution in Nigeria and notes different trafficking dynamics according to victim’s countries of origin. It evaluates changes in trafficking patterns; various activities carried out by Nigerian governments and Non-Governmental Organizations to assists the victims. The Nigerian legal framework used to combat women trafficking, recent government proposal to legislations spearheading the regime in Nigeria trafficking in persons prohibited Law Enforcement and Administration Act 2015; Nigerian Child Act 2003/2005; violence against person Act of 2015 in context to the international law such as United Nations Office on Drugs and Crime (UNODC) fighting human trafficking in in Nigeria and Togo . The article also suggests the strategies to combat Women trafficking in emphasizing the development of an appropriate regulatory regime based on the current legal recommendations.

The UNODC spotted further indulges of research and collection of data on trafficking in person within Nigeria adopted by Nigerian regulatory system. Additionally, regulatory regime enables technical assistance in the training of law enforcers and Criminal Justice officials in matters on investigations, detection, apprehension and prosecution of traffickers. This facilitated monitoring of cybercrimes related to trafficking as a consequence develop an effective system of combating the trafficking of women and children vide online and internet channels.

IMPACT OF CYBERCRIME

Cyber-crime composed of the use of computers and the internet to commit a crime by individuals. Some researchers like Kubiat Umana associate the causes of the Nigerian's cybercrime activities to urbanization, unemployment rate. From a criminal law perspective, the fight against trafficking in and smuggling of person is mostly independent of gender differences. It is undeniable that due to the feminization of poverty, gender discrimination and lack of education and professional opportunities especially in Nigeria, women become victims of human trafficking.

Loss of revenue and decrease the corporation’s competitive edge

The shocking implications of cyber terrorism on a country’s economy cannot be overemphasized. Countries like Britain, the USA have recorded billions loss of pounds and dollars respectively, Nigeria is not exempted. In 2016 for instance, the Federal government published that the estimated annual cost of cybercrime to Nigeria is 0.08% of the country’s Gross Domestic Product (GDP), representing N127 billion. Crime is a threat to Nigeria’s national security and financial system. The corporations have lost billions as a result of hacking into formation system, malware and sells the plan to the competitor. It automatically decreases the corporation’s competitive advantage.

Image Defamation

When the cybercriminals hack into a system and steal the information of a given corporation, it tarnished the reputation of such corporation, majority of the clients loss trust in corporation. It is a privacy concern which not only affects the victim corporation or individual but the Nigerian government at large. Based on the high level of cybercrime in Nigeria, the Nigerians image has globally tarnished and reputation lowered.

The increase of on online Assisted Kidnapping

Cybercrime assisted kidnapping is on the rise in Nigeria. Kidnappers supported by their victims particularly social media activities and geolocation data on modern smartphones. The kidnappers use the geolocation data to identify an electronic device physical location using smartphones inbuilt global positioning system . The functionality allows location-based services to locate and publish information about the gadget owner or to geotag to target their victims. After identifying the position, the kidnappers lure the victim, deceive, or coerce them.

Facilitating cyber Terrorism

Cybercrime increases cyber terrorism. Cyber terrorism is the use of the internet to commit terrorism or launch attacks and publicity. It is a new means in which insurgents or religious extremist such as Boko Haram uses to recruit new members and form a strategic plan on how to attack. The cybercrime like child pornography assist the insurgents in raising revenues and targeting the criminal with personal gender-based violence and women abuse. The use of the web for sexual harassment remains a very active research area of interest. The purpose of web filtering programme has advocated checking internet pornography in Nigeria.

DEVELOPMENT OF APPROPRIATE REGULATORY REGIME TO COMBAT WOMEN TRAFFICKING

Legislation Implementation

Nigeria is a party to international and regional legislative framework protocol aiming to prevent, suppress and punish trafficking in person especially women and children popularly known as trafficking protocol. Supplementing the UN conventions against transitional organized crimes as well as to a number of international human rights instruments such as United Nations Slavery convection of 1927, convection of suppression of trafficking in person and exploitation of prostitution of others 1945, and the ILO Force Labour Convection number 29 of 1930, ILO Worst Form of Child Labour number 182 of 1999. Implementation of these existing legislation may enable a regime to combat women trafficking.

Nigerian Constitution

Section 34 of the Constitution of the Federal Republic of Nigeria 1999 guarantees the right of the dignity of the human person thus prohibiting any aspect of human servitude and slavery. Providing that “Every individual is entitled to respect for the dignity of the person and accordingly; no person shall be subjected to torture or inhuman or degrading treatment; no person shall be held in slavery or servitude; no person shall be required to perform forced or compulsory labor.”

Other relevant provision constitutions safeguard the movement rights Section 41, Personal Liberty Section 35 and Section 34(1)(a), 34(1)b, and 34(1) c, prohibit torture, inhuman or degrading treatment and slavery, or servitude or forced labor respectively.

Penal Code and Criminal Code

Nigeria has two codes of criminal law; the criminal code covering southern states and, the penal code applying to the North. The criminal code neither define what constitutes trafficking nor does it deal with various forms of trafficking. It deals with the offenses which may constitute external trafficking for prostitution and slavery. For instance, Section 223(2) of criminal code makes it an offense to procure women or girls for prostitution in or outside Nigeria. Section 365 deals with unlawful confinement or detentions against a person’s will, while Section 366 covers compelling someone to do something by threat, surveillance or other intimidation is punishable by one-year imprisonment and penalty increase by five years if such acts involve assault.

Penal codes contain similar provisions of trafficking in person; Section 275 prohibits to induced a girl below 18 years and incitation of prostitution and other similar practices. Section 278 provides that a person who buys, sells, hire or lets to hire of a person below 18 years for the act of prostitution, movement, is liable for a fine not less than ten years imprisonment.

Trafficking in persons (prohibited) Law Enforcement and Administration Act 2003

Lack of explicit provision regarding human trafficking in Nigeria led the Federal Government to enact new trafficking law 2003. Nigeria becomes the first African county to adopt the anti-trafficking legislation with Trafficking in person’s (prohibited) Law Enforcement and Administration Act 2003. In March 2015, the Act passed, and previous law repealed. The new law primarily intends to reflect in the recent developments in trafficking excluded in the previous act, for instance, it ensuring that penalty for breaching of the provisions law are constitutes with the spirit of trafficking protocol. Penalty given under offenses listed in Act 2003 is severely adequate for the purpose of deterrence and dissuasion.

Countering Boko Haram

Boko Haram uses human trafficking as a primary method of self-sustainable funding. The Islamic extremist's group based in northern Nigeria, tack-ticks includes large scale abduction especially girls child, child recruitment; and severe and widespread violation of rights women and girls; including sexual slavery, sexual violence, forced marriages and, pregnancies. The perpetrators are still working scot free. Countering Boko Haram will assist the victims of war and human rights violations.

Policy Frameworks

Nigeria has entered various bilateral agreements with individual Africa countries with the same problem of human trafficking, forced, and immigration in general. In 2006, the African Union adopted the Ouagadougou Action Plan to Combat Trafficking in of the Secretary to the Government of the Federal and the Customs Service. The office of Special Assistant to the President on Human Trafficking and Child Labour set.

The National Agency for Prohibition of Trafficking in person and other related matter (NAPTIP) established in 2003. Section 8 of the Act concerning implementations of the agency’s mandate. Create Specialized operation departments like investigation and monitoring; counseling and rehabilitation; public enlightenment and; Legal prosecutions. To address human trafficking phenomenal, NAPTIP adapted four strategies; Prevention, protection, prosecution, and Partnership.

Civilian Joint Task Force (CJTF)

In June 2013, the Borno State authorities set a joint civilian militia, Civilian Joint Task Force (CJTF) with the purpose of assisting the security in Borno State to identify and arrest Boko Haram members in the region. The Borno States authorities continue to provide financial support for the CJTF despite the criticism of forced recruitment of the children.

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