Smuggling of Human Beings from a Human Rights Perspective: Obligations of Non-State and State Actors under International Human Rights Law

Abstract

Although trafficking of human beings has been widely regarded as a human rights issue, little attention has been paid to human rights aspects of smuggling as it is mainly characterised as facilitation of illegal migration. The purpose of this article is to demonstrate that smuggling of human beings equally raises human rights concerns. The article begins by exploring the definitions of trafficking and smuggling and their policy implications. It then highlights some human rights issues inherent in the act by examining its causes, process and consequences. It continues with an analysis of human rights obligations imposed upon non-State and State actors. The fact that non-State actors are not held directly accountable under international human rights law points to an investigation of legal obligations imposed upon States, and this article examines an obligation to protect victims as an example.