| This dissertation examines the impact of the Albanian legislation in the prosecution of human trafficking and related exploitation in the context of international legal instruments and policy documents. The purpose of this dissertation follows from the fact that the simple adoption of international treaties and mere criminalization of human trafficking are not sufficient to suppress and successfully prosecute this offense. To address the lack of specific and adequate legislation on trafficking at the national level a de jure/de facto analysis of the domestic legislation compliance vis-a-vis relevant international norms and human rights principles took place.;While Albania has enacted anti-trafficking legislation modeled after the Trafficking Protocol, the number of prosecutions, as compared to the number of cases filed and the estimated scope of the problem, remains unsatisfactory. The dissertation draws upon an analytical inquiry of the domestic legislation, relevant case files, and interviews with prosecutors to conduct an examination of the obstacles that impede the prosecution of trafficking. The research shows that the lack of a comprehensive legislative framework is the major obstacle in the prosecution of trafficking.;Specifically, the examination identifies four main areas that require changes, improvements, amendments and new provisions in the current anti-trafficking legislation. These four areas, which have served as the foundation of a model criminal statute to combat trafficking in persons and related offenses, ensure just and effective punishment of perpetrators and protect victims of trafficking, consist of: (1) Expanding trafficking offenses with trafficking related exploitation offenses; (2) Expanding the bases of criminal liability; (3) Enhancing the prosecution of trafficking; and (4) Enhancing the protection of victims.;The proposed Model Law, which is the final product of this dissertation, is intended to serve as a useful tool for the Albanian lawmakers in their continued efforts to raise standards of the anti-trafficking legislative framework and to improve respect for human rights in Albania. In addition, other countries can use the same approach to formulate country specific anti-trafficking legislation depending on their situation and needs. |
