The Constitutional Limits of Anti-Trafficking Norms in the Commonwealth Caribbean


  • Dr Jason Haynes



traffickers, rule of law, separation of powers, constitutionality, fair trial, Caribbean


Trafficking in persons is a crime and a human rights violation that affects most states across the globe, including those in the Commonwealth Caribbean. There- fore, in the last twenty years, governments have rushed to enact anti-trafficking laws with a level of alacrity the international community has never seen before. While the enactment of these laws is both necessary and desirable, some have pushed the limits of what is constitutionally permissible in a free and democrat- ic society. This article demonstrates that some of the prosecution provisions of anti-trafficking norms enacted by Caribbean governments have encroached or threaten to encroach upon the constitutional rights of accused persons. It concludes that unconstitutional provisions of regional anti-trafficking laws need to be addressed by regional governments as a matter of urgency, as they can potentially be challenged by traffickers with the result being that, if successfully challenged, traffickers may escape liability for crimes they have committed on mere technicalities.


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Author Biography

Dr Jason Haynes

Dr Jason Haynes is Deputy Dean (Graduate Studies & Research) and Senior Lecturer in Law at the University of the West Indies, Cave Hill Campus, Barbados. Dr Haynes is an Academic Fellow of the Honourable Society of Middle Temple, UK, and an O’Brien Fellow in Residence at McGill University, Canada. He has authored several articles on trafficking in persons and presented at various conferences on this issue, as well as served as a consultant for IOM, World Bank, and CARICOM/EU Directorate. He is also a Trafficking in Persons Legal Expert for the American Bar Association Rule of Law Initiative, and a National Rapporteur on Contemporary Forms of Slavery for the International Association of Comparative Law.




How to Cite

Haynes, J. (2022). The Constitutional Limits of Anti-Trafficking Norms in the Commonwealth Caribbean. Anti-Trafficking Review, (18), 139–158.