Funciones de MINCETUR y PROMPERÚ en materia de promoción

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government does not have an anti-trafficking law that fully complies with an understanding of all of the three Ps, including the obligations to prevent.

In fact, this miss-approach has resulted in a conflict between international laws and KSA laws in terms of preventing human trafficking. This argument goes further by illustrating the fact that domestic work needs legislation that is both enforced and enforceable, while at the same time the dialogue between states in regard to domestic workers is continued.

Secondly, it argues that the KSA government have a concrete method of implementing SAATL, that it has been misinterpreted by the executive orders from KSA departments, and that they actually need to expand their collaboration in regards to human trafficking and domestic workers.

The third argument of this chapter is based on the fact that although the KSA government have created anti-trafficking laws and other targeted laws, such as the domestic workers bylaw, the judicial system in KSA has failed to produce the tools to eliminate the trafficking of domestic workers.

1.7.4 Discussion (2) Policies in KSA

The argument presented in Chapter 5 is that the KSA have a limited number of policies in place that are compatible with the obligations to prevent the trafficking of domestic workers. This theory is based on three premises:

firstly, the failure to communicate international treaties to KSA departments has resulted in inharmonious laws; secondly, the various KSA government departments are contradicting each other in terms of anti-trafficking policies and, as a result, the risk to and vulnerability of domestic workers is increased.

In regards to collaboration, the KSA government has always lacked the appropriate training for its officials, as well as the capacity to raise public awareness for crimes of human trafficking. The third premise involves the absence of implementing any policies for the prevention of trafficking of domestic workers by the KSA government. This investigation has shown that

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the KSA chose to implement some articles of the Palermo Protocol, which was made clear by the fact that they have not implemented any policies under the Palermo Protocol obligations in regards to potential victims, for example.

1.7.5 Conclusion

The final chapter of this thesis will present some concluding remarks regarding the findings of this research, namely whether the KSA government do prevent trafficking or not. This chapter will begin by summarising the background and context chapters, followed by the findings in regard to the two main areas of enquiry in this thesis: the disregard of the laws in KSA (Chapter 4) and the limited number of policies (Chapter 5). Finally, the chapter will conclude by presenting recommendations for future study, as suggested by this research, and by highlighting the research limitations, the research reflections and the research suggestions of this thesis.

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CHAPTER 2

Literature Review

2.1 Introduction

The literature in the subject of prevention of human trafficking is limited. The majority of literature is available in recent publications made by academic researchers, NGOs and agencies belonging to the UN on different aspects of trafficking, such as the sexual exploitation of women and children.

A common theme in these publications is placing stress on the importance of exploring the increase in human trafficking whether it involves sexual exploitation, child trafficking or organ trafficking. Recent research appears on the surface to discuss in depth the types and causes of human trafficking, without looking at the numbers of victims.

This literature review focuses on two main areas of controversy regarding the States obligations towards human trafficking. The aim is to outline the subject stated in my thesis where issues on human trafficking must be addressed along with its presence in the Kingdom of Saudi Arabia being a signatory to the Palermo Protocol. Those two main areas are the trafficking of women and the meaning of prevention of human trafficking.

Those two areas were selected due to the fact that, firstly, this thesis is to discuss the trafficking of domestic workers in KSA and the women vulnerabilities that goes alongside the trafficking. Secondly, this thesis is to look on the possible prevention of human trafficking and the State’s obligations towards such violation. Hence, the selected two main areas were carefully discussed below to shed the light on the available literature.

In the first area, the first debate examines the particular vulnerability of women and children, the relevance of the gender of those being trafficked and

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the definition of sex work. The second debate examines the discussion around whether sex work should be regarded as a form of consensual work or as part of trafficking coercion.

In the second area, the first debate looks at the definition of the meaning of prevention in the context of trafficking deterrence, and as one of the three Ps (protection, prevention and punishment) of human trafficking. The second debate, considers state legislations in terms of respect for human rights, protecting human rights, fulfilling a country’s duties in regards to human rights standards and, eventually, a state’s legislations in preventing human trafficking.