The Transnational Illegal Market of Trafficking in Human Beings – Actors and Discourses: A Transatlantic Comparison

"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.

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

The Tragedy and Horror of Human Trafficking of Children and Youth

This article explores the difficulties around using the notion of consent to define 'trafficking in women'. It does this through an examination of the recent negotiations around the UN Trafficking Protocol. 'Consent' was a highly contentious topic at the negotiations. One feminist lobby group argued that all prostitution, regardless of consent, should be considered trafficking. Another feminist lobby group insisted that coercion was a necessary element to any definition of trafficking. Government delegations tended to one or other of these positions. The final document attempts to compromise between these positions, with both lobby groups claiming victory for their position. This article looks at the arguments behind the interpretation of 'consent' in the negotiations, placing them in the historical context of early 20th century campaigns against white slavery. It suggests that views of female sexuality that see women as both more virtuous and more dangerous than men influence both historical and contemporary campaigns. It argues that current notions of 'consent', reflected in the ambiguity of the Protocol, are inadequate to serve as the basis for political strategies to protect the rights of sex workers and migrants.

The recent outbursts occurred in Rosarno are a dramatic example of what is generally described as the ugly or theunderside of globalization, which affects virtually all continents, all countries and all economies of the world: the abusive and criminal treatment consisting in and like inflicted upon migrant workers in irregular situation, arguably the most vulnerable and least protected human beings in the world today. The present contribution outlines the impressive dimension and the salient features of contemporary forms of coercion and compulsion to work that occurs today mainly in the economy and which represent a high legal, as well as moral and economic, priority concern for all governments. Despite the fact that the above mentioned human rights abuses mostly involve private agents, the international responsibility to enact legislation and policies to combat these abuses and protect the victims rests, in fact, upon States. Complex phenomena like slavery or in which a component of labour is always present, are not easy to define. This is why this article starts by drawing a clear distinction between severe violations of human rights and restrictions on human freedom that amount to crimes under international law and other constituting a breach to labour rights which do not necessarily amount to labour Due to the fact that a very thin line divides coerced and non-coerced work, with a wide range of possible situations in-between the two extremes of the spectrum (with, at one end, and slavery-like and, at the other end, situations of freely chosen employment), only national Courts can ultimately determine the gravity of the offences and state when specific actions should be punished as forced or other forms of labour and abuse. In this context, the Italian judges and prosecutors have accomplished their task by classifying the offences occurred in Rosarno against a number of irregular migrant workers, employed informally in the agricultural sector, as forms of practices imposed by a range of private actors involved in organized crime. for labour purposes and trafficking in human beings. The judges went so far as to speak of trafficking in human beings. Human trafficking for labour is definitely one of the newer pattern of labour related to globalization and recent migratory trends, as well as one the most blatant failure of labour markets and global governance. Increased demand in Western industrialized countries and emerging economies (countries of destination) for cheap, low-skilled labour in various sectors, often involving 3-D jobs (dirty, degrading and dangerous), generally unmet by available or unemployed national workers, combined with increased migration control and restrictive immigration law and policies, have provided over the last decades for a significant impetus to labour flows, fuelling the market for smuggling and trafficking of vulnerable migrants. Following the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, (the Palermo Protocol), which supplemented the United Nations Convention against Transnational Organized Crime, considerable attention has been devoted to the criminal aspects of labour States parties were required to adopt legislative and other measures necessary to classify as criminal offences the conducts set forth in Article 3. This article introduces (for the very first time) the legal concept of exploitation in international law, specifically defined to include labour or services, or similar practices, servitude and various forms of sexual exploitation. This operation could reveal itself extremely useful as it allows a fundamental link between the Protocol and the ILO Conventions on labour, thus facilitating the task of implementing both instruments at the national level. The Italian’s implementation of this new international instrument has proven to be particularly effective in combating organized crime by securing cooperation by victims, through compensation schemes and reintegration programmes.

Human trafficking is not the recent issue. Since the early history of the world the trafficking was there. The South Asia is most vulnerable in position in the world to human trafficking. In South Asia, Bangladesh, India and Nepal are most vulnerable in relation to human trafficking. The international community considered that the human trafficking is a grave violation of human rights. There are many reason for the trafficking including poverty, illiteracy, globalization etc. The main purpose of the human trafficking is the forced labour, debt bondage, child labour and sexual exploitations. There are some international laws which directly prohibits the human trafficking. Some regional instrument including the SAARC Convention On Prevention And Combating Trafficking in Women and Children for Prostitution, also there which directly prohibits the human trafficking. The states should prohibits the human trafficking by incorporating the national legislation. The States can not deny it's international obligation also. States should ensure the safe return of the trafficked persons in the home country.

This article compares current concerns about "trafficking in women" with turn of the century discourses about "white slavery". It traces the emergence of narratives on "white slavery" and their reemergence in the moral panics and boundary crises of contemporary discourses on "trafficking in women". Drawing on historical analysis and contemporary representations of sex worker migration, the paper argues that the narratives of innocent, virginal victims purveyed in the "trafficking in women" discourse are a modern version of the myth of "white slavery". These narratives, the article argues, reflect persisting anxieties about female sexuality and women's autonomy. Racialized representations of the migrant "Other" as helpless, child-like, victims strips sex workers of their agency. This article argues that while the myth of "trafficking in women"/"white slavery" is ostensibly about protecting women, the underlying moral concern is with the control of "loose women". Through the denial of migrant sex workers' agency, these discourses serve to reinforce notions of female dependence and purity that serve to further marginalize sex workers and undermine their human rights.

Exploitation is an act with or without the consent of the victim which includes but is not limited to prostitution, forced labor or services, slavery or practices similar to slavery, oppression, extortion, use of physical, sexual, reproductive organs, or unlawfully transferring body or tissue or utilizing power or ability of a person by another party to gain material or immaterial benefits. The criminal act of trafficking in persons is any action or series that fulfills the elements of a criminal act as stipulated in Law No. 21 of 2007 concerning the eradication of the crime of trafficking in persons. Human trafficking (trafficking) has long occurred on this earth and is an act that is contrary to human dignity. This is a violation of human rights, rights and human dignity which are protected under Pancasila and the 1945 Constitution. In the past, trafficking in persons was only seen as forcible transfer abroad for the purpose of prostitution, illegal forced labor that lasted for a long time. TPTPPO can be committed by individuals, groups, corporations and sometimes by family (parents/siblings), relatives, friends or neighbors of the victim. Victims of TIP are generally women and children, this is possible because they are very vulnerable and considered weak (physical and psychological) so that traffickers are very easy to deceive. Victims often receive cruel treatment, suffering, not even a few who experience violence and threats of violence. They are trapped in a network of powerlessness or by trapping, deceiving, persuading, with the lure and promises of success stories, economic benefits, or providing loans which in the end is debt bondage.

Although, the Korea is a world-class shipping and fisheries country, the issue of human rights violations by seafarers has been continuously investigated and reported in recent years. Especially, the issue of human rights violations by migrant fishers are serious. The definition of human in persons in the ‘UN Protocol to Prevent, Suppress and Punish Trafficking in Persons’ is different from the concept of human trafficking, which is the “selling and purchasing people like things” that are generally considered in Korean society. The concept of the ‘Protocol to Prevent, Suppress and Punish Trafficking in Persons’ regards exploitation of sex and labor by using fraud, compulsion, and the status or environment of the victim. If the level of the cases in the human rights violations report of migrant fisher is at the current level, Korea is a route country and destination for trafficking in persons. The United States of America publishes a trafficking report every year to prevent trafficking and It surveys and evaluates 191 countries around the world and ranks them. In the United States of America, countries that are vulnerable to human trafficking prevention and activity are designated as tier 3 and are taking economic measures. Korea is a first tier country, but it has been pointed out that the problem of migrant fisher is improved every year. Workers in this field should be alert, as there can be level down to a second-tier country anytime without substantial improvement. In this paper, I understand the concept of human trafficking and look at the anti-trafficking activities in the United States. And I would like to propose measures to be improved to prevent human rights violations against migrant fishers. The proposal for the prevention of seafarers' human rights infringement is that the government needs practical regulatory activities and the education and training to who civil servants of seafarers' administrative executives.

Purpose This paper aims to explore the relationship between human trafficking brokers and trafficking victims by using examples from both the international labour and human organ trafficking industries. It proposes an evolution in the brokerage process from geographic to online networks and how this alters the nature of the relationships between parties. The study aims to expand the understanding of contemporary trafficking brokerage networks in developing areas. Design/methodology/approach The paper opted for an ethnographic study which involved living among trafficking victims in 21 developing countries during the period of 2008-2015; 17 cases are presented as exemplars of the trafficking industry environment, told from the perspective of both trafficking victims and the brokers who have profited from them. The data were complemented by commentary, which developed common themes across both labour and human organ trafficking. Findings The paper provides insights about how change in the brokerage process is brought about by the shift from geographic to online networks. It suggests that trafficking operations have learned how to use online social media and the dark Web. Moreover, it illustrates the impact of these networks on the power imbalance in human trafficking and the experience of its victims. Research limitations/implications The study is limited to labour and human organ trafficking in developing nations, but the concepts may have wider implications in other forms of human trafficking. Practical implications The paper includes implications for the development of a framework to understand the impact of online trafficking networks. Originality/value This paper fulfils an identified need to study how human trafficking networks are evolving in the digital age.

In recent decades the international community has focused its attention on trafficking in persons, one of the most worrying phenomena of the 21st century. Chapter 1 examines trafficking in persons in the light of the recent definition of the phenomenon given by the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It analyses trafficking causes and consequences, and the most common forms of exploitation related to it. Chapter 2 reviews the most important international conventions against slavery and the slave trade, the UN Trafficking Protocol and various other international treaties adopted in the framework of international human rights, criminal, and labour law with the aim of identifying those measures guaranteeing the widest protection to trafficked victims. Chapter 3 reviews States' obligations under international human rights, criminal, and labour law to emphasize that the scarce protection of trafficked victims granted by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children has to be supplemented by the international conventions as well. Chapters 4 and 5 deal with the Council of Europe and the European Union, and their fight against trafficking in people, arguing that the focus has been placed mistakenly on the prosecution of traffickers rather than on the protection of trafficked victims. The book concludes with a recommendation to shift towards a more balanced approach to trafficking in persons and the overriding need to conduct further research on specific issues related to the spread of trafficking and the exploitation of its victims.

Exploring the Analogy between Modern Trafficking in Humans and the Trans-Atlantic Slave Trade

Trafficking in women is regarded as both a cause and consequence of human rights violations. This article situates trafficking within different, intersecting analytical frameworks, including gender, migration, labour law, criminal law and human rights. It aims to contribute to the feminist project by highlighting the contested nature of the present discourse and, in particular, by paying attention to legal strategies of combating trafficking, exploitation and traditionally gendered labour division. This article examines relevant international treaties, such as the UN Trafficking Protocol, the Council of Europe Convention against Trafficking, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as well as the recent South African Law Reform Commission Discussion Paper and proposed Draft Bill on Trafficking in Persons. It makes specific reference to feminist contestations around the issue of consent in the definition of trafficking.

German immigration policy is characterised by a tough rhetoric against immigration and less restrictive and more pragmatic dealing with factual immigration. Many instruments developed in Germany have become standard elements of European migration policy. This chapter gives a short historical review on immigration history with a particular reference to illegal migration. It presents and discusses relevant current statistical data from the field of illegal immigration, human smuggling and trafficking in human beings. It then reviews the public perception of these phenomena and reveals a dominant narrative that over-emphasizes the role of human smugglers and traffickers. The chapter also reviews the implementation of the victim-witness-protection scheme. It concludes that the focus on the plight of trafficking victims in public debates does not result in a consequent and unconditioned protection of victims but serves as legitimization for tighter crime control. Keywords: crime control; criminal law; European migration policy; German immigration policy; human smuggling; human trafficking; illegal migration; victim-witness- protection scheme

This paper seeks to investigate human trafficking, migrant smuggling, and enslavement as global phenomena, public health concerns, gross violations of human rights, and crimes against humanity and the state. The twenty-first century slavery revolves around illegal control, including forced labor, debt bondage, forced marriage, slavery and slavery-like practices, and human trafficking. Thus, SDG Targets 5.2 and 8.7 stipulated that immediate and effective measures should be taken by all concerns to eradicate forced labor- end modern slavery, human trafficking, sexual and other types of exploitation, as well as to secure the prohibition and elimination of the worst forms of child labor among others. The desktop approach was used to identify the varied forms of these menaces and their perpetrators. A wide range of secondary sources of data in peer-reviewed and edited conference proceedings, workshop proceedings, and published articles in local and international journals were consulted to obtain an in-depth appreciation of the problem being investigated. The paper further highlighted the psychosocial effects of human trafficking, migrant smuggling, and enslavement. The article concludes with recommendations for ending all forms of slavery in the global community in line with the Vienna Declaration and Programme of Action.