International Cooperation in Combating Human Trafficking in the EU: Evidence from Turkey

The Tragedy and Horror of Human Trafficking of Children and Youth

"Immigration and Criminal Law in the European Union: the Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings" published on 01 Jan 2006 by Brill | Nijhoff.

The article is devoted to the peculiarities of legal relations in the field of international cooperation in combating migrant smuggling and human trafficking. It has been determined that smuggling of migrants and human trafficking have long been among the transnational crimes in terms of profitability. The article proves that this area is characterized by clearly structured and organized criminal syndicates, which direct their profits to the development of other even more dangerous activities. The article describes the main features of trafficking in human beings under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which complements the UN Convention against Transnational Organized Crime. Research of influence of exogenous and endogenous factors on development of modern world trafficking. It is determined that international cooperation in criminal matters is one of the most important prerequisites for the organization of combating and preventing trafficking in human beings and smuggling of migrants. The article outlines the key elements of the implementation of trafficking in human beings in accordance with Article 3a of the Protocol to Prevent and Suppress Trafficking in Human Beings. A number of international normative and legal documents regulating the implementation of the state policy on combating human trafficking and smuggling of migrants have been proposed and paid attention to. It has been proven that, according to Europol, smuggling of migrants is carried out by criminal networks that provide various services: from forgery of documents to bribery of law enforcement officials. Various forms of international cooperation are superficially described: extradition of criminals, mutual legal assistance, transfer of criminal proceedings to another country, transfer of convicts, cooperation for confiscation, cooperation between law enforcement agencies, including information exchange and cooperation in investigations, joint investigation using special investigative methods.

Human smuggling and human trafficking are part of mixed migration flows, which are defined as complex population movements concerning both regular (i.e. documented) and irregular (i.e. undocumented) migrants. Even though migration rates have been steady since the 1990s, the forced displacement of people is on the rise worldwide. There are often similarities between the trafficking and smuggling of people, but the profiles of the persons affected and, consequently, the legal responses differ. It is important therefore to distinguish, in law and in practice, between human smuggling and trafficking, even though both are considered a form of organised crime. Yet, despite their different legal status, they are often conflated, including by law enforcement agencies, courts and support service providers, which leads to unsatisfactory protection and services being offered to trafficked and smuggled persons who find themselves in situations of vulnerability. This chapter provides an overview of the legal framework on migrant smuggling, with a particular focus on maritime migrant smuggling, followed by human trafficking, which is further considered in the context of modern slavery legislation. The final section examines human trafficking and human smuggling in conflict and the corresponding jurisprudential developments in international criminal law.KeywordsHuman traffickingHuman smugglingModern slaveryMaritime migrant smugglingIrregular migrationArmed conflict

Abstract: The European Union aims to develop a European criminal justice to combat cross‐border crimes of smuggling of migrants and trafficking in human beings. This article focuses its attention on European Community/European Union (EC/EU) law and on two Member States, Italy and the United Kingdom (UK). The findings show that there are diversities and ambiguities in the definition of irregular migration. On the contrary, the EU and Member States should concentrate their efforts on the two crimes of smuggling of migrants and trafficking in human beings rather than criminalising irregular migration.

Although 'trafficking in human beings' and 'human smuggling' are divergent crimes that refer to different articles in the Dutch Criminal Code, they both became strongly attached to 'world' of organized crime. Consequently, the government speaks of victims in case of people being trafficked and increasingly of offenders for those being smuggled. In this chapter, several global developments and incidents within the Netherlands have been described that have contributed to a climate in which human smuggling has evolved from a non-problematic fact or activity to a serious criminal offence that deregulates Dutch immigration and integration policies and ultimately threatens national security. This chapter focuses on the flows of people, transnational organized crime and international terrorism. As in most other western countries, migration policies in Netherlands are increasingly characterized in terms of migration control. Simultaneously migration policies focus on integration of settled immigrants at the expense of marginalizing and excluding illegal immigrants. Keywords: Dutch criminal code; Dutch immigration policies; human smuggling; illegal immigrants; international terrorism; migration control; Netherlands; organized crime; trafficking in human beings

Irregular migration, trafficking and smuggling in human beings represent major challenges for policy makers at national, European Union and international levels. In contrast to international and European developments, UK law and policy in this field are relatively underdeveloped. The UK seeks to come to grips with trafficking in human beings. This chapter examines past and present legislative responses to smuggling and trafficking in human beings in the UK and assesses the role of the courts in either establishing or weakening their legitimacy. If trafficking in human beings is, simply, seen as a form of 'immigration crime' to be tackled by law-enforcement measures, then not only human rights and gender dimensions are disregarded, but such an approach is likely to have limited chances of success. In discussing the British legislative framework, the chapter pays attention to the framing of smuggling and trafficking and its correlation with existing policies of migration control. Keywords: British legislative framework; European Union; human rights; immigration crime; smuggling; trafficking; UK law

This chapter outlines the Italian law on smuggling of migrants, trafficking in human beings and irregular migration. It points out that in 1998 only Italy commenced to develop legislation on the three phenomena. It then examines legislation introduced in 1998 and points out that the legislator of 1998 did not emphasise the importance of police and judicial co-operation at European Union (EU) level. It also outlines modifications introduced by legislator in 2002. The chapter emphasises that these changes particularly were made on phenomenon of irregular migration. It shows that Italian legislation on smuggling of migrants and irregular immigration is restrictive, although not excessively if the EU reality is taken into account. It then analyses one provision of Schengen Implementing Agreement to demonstrate that the European law considers irregular migration a crime. It also explains why Schengen Implementing Agreement is not respected in the part related to penalisation of irregular migration. Keywords: criminal offence; European law; European Union (EU); illegal immigration; irregular migration; Italian law; Schengen Implementing Agreement; smuggling of migrants; trafficking in human beings

The year 2015 was marked by a dramatic increase in the irregular migration to Europe, one of the primary routes being from Libya across the Southern Central Mediterranean to Southern Italy. Following the drowning of hundreds of persons in April 2015, the European Union (EU) adopted a ten-point action plan of the immediate actions to be taken in response to the crisis situation in the Mediterranean. One of those actions is a systematic effort to capture and destroy vessels used by the human smugglers, which was put into practice by establishing in May 2015 the EU military operation, EUNAVFOR MED operation SOPHIA. Under the EU Mandate, the operation will contribute to the disruption of the business model of human smuggling and trafficking networks in the Southern Central Mediterranean. Following the increase of migration at sea, the United Nations Security Council authorised UN Member States and regional organisations to conduct certain essential military activities in the fight against migrant smuggling and human trafficking.

Human trafficking is often confused with human smuggling. Both phenomena may be regarded as undesirable consequences of globalization. Smugglers as well as traffickers make use of other people’s desire to improve their lives by building up a better future elsewhere. Yet there are fundamental differences as well. Human smuggling primarily relates to illegal immigration and the violation of immigration laws. Human smugglers move people and provide a bridge between poor or dangerous countries and richer, safer ones. Some may have humanitarian motives to save political refugees or to help relatives or friends to build up a new life. Others unscrupulously abuse dependent illegal immigrants by demanding high prices and providing bad or even perilous travel arrangements. Usually the relationship between smugglers and smuggled persons ends after the transport to the country of destination. In human trafficking, the situation is different. Human trafficking often, but not necessarily, involves border crossing. After arrival, trafficked persons must produce profit for the traffickers. Their relationships with the traffickers, or with organizations or individuals who have paid for their delivery, are longer term, victim-exploiter relationships, in which the human rights of the victim are being abused (Kelly and Regan 2000). According to the trafficking definition in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, trafficking is the recruitment, transportation, transfer, harboring or receipt of persons, using means like threat or force, deception, coercion, abuse of power or of a position of vulnerability, with the purpose of exploitation (UN 2000, Article 3a). Many countries follow the aforementioned distinction between human smuggling and human trafficking in their national penal codes. However, in practice, these two phenomena can be difficult to distinguish and may be intertwined. Assisted illegal immigration may precede exploitation, as some smuggled illegal immigrants, who travel voluntarily to other countries, end up as trafficking victims in debt bondage and bad labor conditions only later on. Even the issue of mutual consent, common in human smuggling, is not always decisive in distinguishing between smuggling and trafficking (Herman 2006; Van Liempt and Doomernik 2006); trafficking also usually starts with a consensual agreement between the trafficker and the future victim (Andrees 2008). When individuals have agreed to come to another country to work in the sex industry or in other sectors, their fate may not become clear until after arrival, when they are gradually forced to do other work than they had agreed upon, or under very different circumstances than

Trafficking in Persons & Transit Countries: A Canada-U.S. Case Study in Global Perspective

This research will discuss the impact of education on combating the development of the process of trafficking in human beings, as a growing phenomenon in Kosovar society. Trafficking in human beings is a violation of fundamental human rights, a negative phenomenon, as well as a concern and a danger to the whole society. Kosovo is a country in transition, where trafficking in human beings is a great challenge to Kosovar society, especially bearing in mind that this phenomenon developed in the post-war years in Kosovo. The phenomenon of trafficking in human beings dates back to the early days of humanity (from the slave-owner society), but now the forms and patterns of trafficking have changed, transforming into "modern slavery". This phenomenon has become a concern of Kosovar society, which is constantly making great (institutional) efforts to combat this phenomenon. Among the most relevant factors for combating trafficking in human beings is education as a basic factor of a healthy society, which shapes the personality of young people and builds the foundations of a vital society which builds its future on social values and fights trafficking with human beings. Thus, the role of education in a society, as well as the path towards combating the process of trafficking in human beings is analyzed by: family, education, social circle, tradition, community culture, state policies and other competent accompanying institutions. The thesis of this research will be: How does education impact on the fight against the evelopment of the process of trafficking in human beings in Kosovo society? Many authors have given different opinions about education as a factor in combating trafficking in human beings and its impact on society, which will be discussed below. Thus, the paper tends to concretize the impact of education on prevention of trafficking in human beings, where the interview method was used, which was conducted with the competent education officials. As a result of a country with a low level of economic development, high level of poverty, inadequate quality of education, shortcomings in social policies, dysfunctional level of legal infrastructure, we conclude that all these influential factors in combating the phenomenon of trafficking with human beings, remain a constant task for their improvement in our society.

This research will discuss the impact of education on combating the development of the process of trafficking in human beings, as a growing phenomenon in Kosovar society. Trafficking in human beings is a violation of fundamental human rights, a negative phenomenon, as well as a concern and a danger to the whole society. Kosovo is a country in transition, where trafficking in human beings is a great challenge to Kosovar society, especially bearing in mind that this phenomenon developed in the post-war years in Kosovo. The phenomenon of trafficking in human beings dates back to the early days of humanity (from the slave-owner society), but now the forms and patterns of trafficking have changed, transforming into "modern slavery". This phenomenon has become a concern of Kosovar society, which is constantly making great (institutional) efforts to combat this phenomenon. Among the most relevant factors for combating trafficking in human beings is education as a basic factor of a healthy society, which shapes the personality of young people and builds the foundations of a vital society which builds its future on social values and fights trafficking with human beings. Thus, the role of education in a society, as well as the path towards combating the process of trafficking in human beings is analyzed by: family, education, social circle, tradition, community culture, state policies and other competent accompanying institutions. The thesis of this research will be: How does education impact on the fight against the evelopment of the process of trafficking in human beings in Kosovo society? Many authors have given different opinions about education as a factor in combating trafficking in human beings and its impact on society, which will be discussed below. Thus, the paper tends to concretize the impact of education on prevention of trafficking in human beings, where the interview method was used, which was conducted with the competent education officials. As a result of a country with a low level of economic development, high level of poverty, inadequate quality of education, shortcomings in social policies, dysfunctional level of legal infrastructure, we conclude that all these influential factors in combating the phenomenon of trafficking with human beings, remain a constant task for their improvement in our society.

While the punishment of acts covered by the definition of smuggling of migrants (SM) started in the 1970's when the French frontiers were closed to labour immigration, only in March 2001 did members of the French Parliament start to deal with trafficking in human beings (THB) with the aim of protecting human dignity. The French Act criminalising THB was thus drafted in 2003, at the same time that international texts, i.e., UN and European texts, which are at present the main references in THB, were being negotiated and adopted. This chapter analyses the interactions between French and international texts at the origin of the standards governing SM and THB. National and international texts introduce SM and THB as two separate offences, notably distinguished by the interests they protect and by the status granted to smuggled and trafficked persons. Keywords: administrative Law; criminal; European texts; French Act; labour immigration; protecting human dignity; smuggling of migrants (SM); trafficking in human beings (THB); United Nations (UN)

A Message from the EditorIntroduction to the Special Issue on Human Trafficking Michael R. Hall, Sabella Abidde, and José de Arimatéia da Cruz In November 2000, the United Nations adopted the "Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime." It stated, "'Trafficking in persons' shall mean the recruitment, transportation, transfer, harboring, or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs."1 The 7th INTERPOL Global Conference on Human Trafficking and Migrant Smuggling was held in Buenos Aires, Argentina, in September 2019—three months before the 37th Annual Association of Global South Studies (AGSS) Conference held in Argentina's capital in December 2019. The INTERPOL conference attracted 750 participants from ninety-seven countries who focused on disrupting the "business model" of criminal enterprises behind human trafficking and migrant smuggling. In her opening remarks at the INTERPOL conference, Patricia Bullrich, Argentina's Minister of Security, described human trafficking and migrant smuggling as "the strong over the weak—those who exploit the vulnerability for their own profit." According to Bullrich, "It is important that we understand the essence of the crime, [End Page ix] not only to fight the offenders, but also to develop our ability to return freedom and peace of mind to all those who have suffered as victims."2 While attending the AGSS conference, Professor of Political Science Sabella Abidde at Alabama State University, Professor of Political Science José de Arimatéia da Cruz at Georgia Southern University, and Professor of History Michael R. Hall at Georgia Southern University—encouraged and influenced by the success and popularity of the recent INTERPOL conference—initiated a project that would examine the issue of human trafficking in Africa, Latin America, and the Caribbean. Initially, the plan was to host a series of panels at the 38th annual AGSS conference to be held in Halifax, Nova Scotia, Canada, in October 2020. Due to travel restrictions related to the COVID-19 pandemic, however, the conference was canceled. As a result, we approached Ryan Alexander, the editor of the Journal of Global South Studies (JGSS), with a plan for an issue of the journal dedicated to the theme of human trafficking in Africa, Latin America, and the Caribbean. The fruition of this endeavor are the six articles by nine scholars from multiple disciplines included in this issue of the journal. In "Theorizing Human Trafficking and Unfree Labor," Julia Harnoncourt from the University of Luxembourg and Miguel Paredes from the University of Vienna examine human trafficking in the context of labor exploitation. The authors explain that unfree labor transpires when the workers cannot sell their labor freely. Significantly, the unfree labor condition involves a situation in which the laborer cannot end their labor relation. After placing their research in historical perspective, the authors examine the Palermo Protocol and the application of laws against human trafficking in two case studies: Bolivia and Brazil. In "Paradoxes and Anomalies in Caribbean Anti-Trafficking Law and Practice," Jason Haynes from the University of the Birmingham assesses existing state practice on human trafficking in the Caribbean. Haynes' study is based on empirical data collected from interviews with 50 government officials and nongovernmental organization representatives in twelve Caribbean nations. In "Comparative Analysis of Human Trafficking in Caribbean and African Islands from the Annual Trafficking in Persons Report," Kathleen M. Vogel from Arizona State University examines current trends in human trafficking in African and Caribbean islands. Especially relevant is the author's discussion of the impact of the COVID-19 pandemic on human trafficking. In "Sun, Sand, Sex, and Safari: The Interplay of Sex Tourism and Global Inequalities [End Page...