Abstract

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.

Highlights

  • This article addresses the issue of identification of victims of human trafficking at hotspots

  • EU Member States should undertake interviews with migrants and investigations on human trafficking, to understand whether smuggled migrants have been accomplices of criminal networks or have paid for a service provided by criminal networks or, whether they have been trafficked during their journey to reach Europe or are at risk of being trafficked due to their undocumented, and vulnerable, status

  • The need for global action is confirmed by the High Representative Vice President (HRVP) Federica Mogherini, who stated that the EU is dealing with a migration and refugee crisis that should be tackled by global action because ‘It is a regional crisis: it’s a European crisis, it is a regional crisis...and a global crisis, too...’ (2015)

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Summary

Introduction

The migrant and refugee crisis in the EU is a multifaceted problem which should be tackled by multifaceted actions oriented to asylum seekers and refugees, and to economic irregular migrants because, as the UNHCR reported, in Europe there are mixed migration flows, made up of refugees and economic migrants who use the same routes and rely on the same smugglers (2007). The HRVP stated that the crisis could be overcome by addressing the root causes of migration Mogherini asserted that this crisis can be overcome by cooperating with transit and origin countries on readmission and return agreements, and on the economic developments and opportunities in these countries. The HRVP confirmed that the problem involves asylum seekers and refugees, and economic irregular migrants and this is why EU external actions should be promoted to address and tackle the root causes of economic irregular migration by economic developments. The EU has established hotspots to identify asylum seekers and distinguish them from other categories of migrants The former should be provided protection whilst the latter should be returned to their countries of origin or residence. The sections analyses hotspots and argues that these are not places where victims of human trafficking are identified and they should be reformed

Connections between Smuggling and Human Trafficking
The Establishment of Hotspots
Identification of Trafficking Victims at Hotspots
The Legal Obligation to Protect Victims of Human Trafficking
The Temporary Protection Directive and Its Application at Hotspots
Findings
Conclusions
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