Conceptual framework: Human trafficking (AMP Model) Part 2

The internationally accepted definition (from the UN Palermo Protocol, 2000) identifies three elements:

ACT (What is done), which includes:

• Recruitment, transportation, transfer harbouring, or receipt of persons. How it is Applied:

In Ghana, traffickers recruit children from rural areas under false promises of education or employment.

MEANS (How it is done), which includes:

• Threats

• Coercion

• Deception

• Abuse of vulnerability

How it is applied:

Parents may be deceived into releasing children, or victims may be threatened into silence.

PURPOSE (Why it is done), which includes:

• Sexual exploitation

• Forced labour

• Slavery

• Organ harvesting

Key Insight:

Even if a victim appears to “consent,” such consent is legally irrelevant if coercion or deception is involved.

Islamic legal principles align with this framework by prohibiting exploitation (ẓulm) and unjust enrichment, rendering trafficking morally and legally impermissible (Bawono & Huda, 2025).

Forms and impacts of human trafficking

Human trafficking manifests in several forms:

• Child trafficking → educational deprivation, psychological trauma

• Forced labour → economic exploitation, health risks

• Sexual exploitation → severe physical and emotional harm

• Organ trafficking → life-threatening and ethically egregious

Human trafficking manifests in diverse and interconnected forms. Child trafficking leads to loss of education, long-term psychological trauma, and entrenched poverty.

Forced labour subjects victims to severe economic exploitation and hazardous working conditions, often resulting in deteriorating health. Sexual exploitation inflicts profound physical abuse and emotional damage, alongside social stigma.

Organ trafficking poses life-threatening risks and represents a grave ethical violation. Collectively, these practices undermine human capital, weaken social structures, and hinder sustainable development. These forms collectively erode human capital and social stability.

Legal and Institutional Frameworks

International Legal Instruments

Universal Declaration of Human Rights (UDHR, 1948)

The UDHR provides the normative foundation for global human rights law:

• Article 1: Affirms equality and freedom of all humans

• Article 4: Explicitly prohibits slavery and servitude

• Article 5: Prohibits torture and degrading treatment

Analytical Insight:

Human trafficking violates all three provisions simultaneously. Victims are deprived of freedom (Article 1), subjected to forced labour (Article 4), and exposed to degrading conditions (Article 5).

These align closely with Islamic prohibitions against oppression and injustice.

Palermo Protocol (2000)

This is the primary international legal instrument addressing trafficking:

• Provides the AMP definition (Act–Means–Purpose)

• Emphasises the 3Ps framework: Prevention, protection, prosecution

• Recognises victim rights and state obligations

Analytical insight:

The Protocol’s emphasis on protection and dignity parallels Islamic legal objectives, particularly the preservation of life and honour. Comparative studies show strong convergence between Islamic law and international anti-trafficking norms (Jamal, 2025).

Regional framework

African charter on human and peoples’ rights

• Article 5: Protects human dignity and prohibits exploitation

• Article 15: Guarantees equitable working conditions

Analytical insight:

The Charter contextualises human rights within African socio-cultural realities, reinforcing communal responsibility an idea that resonates with Islamic communal ethics (ummah).

National framework: Ghana 1992 Constitution of Ghana

• Article 15: Guarantees the dignity of all persons and prohibits torture or degrading treatment

• Article 16: Explicitly prohibits slavery, servitude, and forced labour

• Article 21: Guarantees fundamental human rights and freedoms, including personal liberty, freedom of movement, and constitutional safeguard against human trafficking. In particular, Article 21 affirms the right of individuals to move freely, make autonomous decisions, and live without coercion.

Human trafficking directly contravenes these rights by restricting victims’ movement, subjecting them to confinement, and denying their personal liberty through deception and force. Victims are often transported against their will and held in exploitative conditions, thereby violating their constitutional freedoms.

Consequently, trafficking not only breaches specific prohibitions under Articles 15 and 16 but also fundamentally undermines the broader human rights guarantees freedom from arbitrary restraint.

Human Trafficking Act (Act 694, as amended)

• Criminalises all forms of human trafficking, including recruitment, transportation, harbouring, and exploitation

• Provides for victim protection, rehabilitation, and reintegration through state-supported mechanisms

• Establishes institutional frameworks for investigation, prosecution, and inter-agency collaboration

Critical and normative insight:

The Act reflects Ghana’s commitment to safeguarding human dignity and aligns with international standards. However, enforcement challenges persist due to limited funding, weak institutional coordination, and low public awareness, which hinder effective implementation.

From an Islamic perspective, the provisions of Act 694 resonate strongly with core Sharīʿah principles. Islam unequivocally prohibits all forms of exploitation (ẓulm), coercion, and the commodification of human beings. Human trafficking violates the divinely ordained dignity (karāmah) of individuals, undermines justice (‘adl), and disrupts social balance. By criminalising trafficking and promoting victim protection, the Act indirectly advances the higher objectives of

Islamic law (Maqāṣid al-Sharīʿah), particularly the preservation of life, dignity, and wealth. Thus, both Islamic teachings and Ghanaian law converge in condemning trafficking as a grave moral and legal injustice.

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Children’s Act (Act 560)

• Protects children from exploitative labour and harmful practices

• Promotes access to education, welfare, and holistic development

Domestic Violence Act (Act 732)

• Addresses physical, emotional, and psychological abuse often associated with trafficking

• Provides legal remedies, protection orders, and support systems for victims

By Imam Alhaji Saeed Abdulai, Kpone Katamanso Municipal Chief Imam, Certified
Counsellor and Governance Expert