Human trafficking in the Sinai Desert : A case study of Egypt

Abstract: Since 2009 thousands of Eritreans, as well as other, sub-Saharan migrants have become victims of human trafficking in the Sinai Peninsula. These occurrences are linked to the newly coined notion of “Sinai Trafficking” which has been labeled as a new form of human trafficking. According to reports, released or escaped victims have disclosed information regarding collusion between traffickers and Egyptian security forces. Further, there have been reports that trafficking victims from the Sinai are put in detention centers, prisons and police stations in Egypt and are often charged or prosecuted for crimes committed in their capacity as victims of trafficking. Although Egypt is bound to respect and uphold its international law obligations national criminal law concerning human trafficking, the continuation of the situation in Sinai has demonstrated an unwillingness or inability to prevent, suppress and punish the crime. Consequently, the purpose of this thesis is to examine and interpret international law as well as Egypt’s national criminal legislation and policies, pertaining to human trafficking, to determine if there are any inadequacies or gaps in the international legal framework with regards to human trafficking or if it’s rather Egypt’s implementation of the law that is faulty. Moreover, a human rights perspective, relevant theories, literature related to the conceptual framework of human trafficking, the status and treatment of non-nationals and securitization of migration will be applied. With regards to the international law on human trafficking, it has been assessed that there are some inadequacies in relation to protection and support granted to trafficking victims. Egypt, has adopted relevant international instruments concerning human trafficking. Further, Egypt has enacted national legislation that corresponds to the Anti-Trafficking Protocol, which might indicate that it is not Egypt’s national legislation that is inadequate and rather that the international law concerning human trafficking. Increasingly restrictive immigration laws, policies and States conduct towards migrants indicate that migration has been securitized. The Egyptian authorities conduct and approach towards migrants could indicate that Egypt has securitized the migration issue. Further, the difficulty to distinguish smuggled migrants from trafficking victims could result in the possibility of trafficking victims being criminalized. The world of today remains globalized and thus the political order that follows and its accompanying conceptual and subsequent legal framework of human trafficking as an organized crime contributes to the trafficking situation in Sinai as well as to human trafficking in general.