Trafficking and Smuggling in Human Beings: the British Perspective

"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.

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

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

In some Belgian cases of smuggling and trafficking of human beings, police found indications of connections with terrorism. Following examples illustrate transportation of terrorists within smuggling of human being criminal networks and financial support of organized crime to terrorist activities. Investigations should always be started when there are indicators of terrorism in a case of smuggling or trafficking of human being by criminal organization. Often such connections escape the attention of magistrates, mainly when investigations are managed by specialised prosecutors or covered by different districts.

INTRODUCTION Trafficking and smuggling of human beings have increased significantly since the early 1990s, forcing the international community to develop new models to regulate them. Trafficking of human beings has attracted worldwide attention and provoked a considerable response. Smuggling of human beings also poses significant challenges, both to those smuggled and to the States affected. Trafficking and smuggling may possess common features, which sometimes leads to confusion between them. Whereas smuggling involves the consent of the individual to participation in the process in the belief that he or she will be assisted to enter another State irregularly, trafficking denies the free will and choice of the individual because he or she is forced to move within a State, or between States, for the purpose of exploiting their labour. There is no real consent from the trafficked person. The individual may believe that he or she is being smuggled, when in reality he or she is being trafficked. This chapter discusses the legal regimes for trafficking and smuggling and addresses salient legal issues, including the protection needs of victims and the tension arising from the fact that trafficking and smuggling are treated primarily as matters of criminal law, yet there is a clear human rights dimension in relation to the treatment of victims.

Located on the Balkan peninsula in Southeastern Europe, with perfect situation bridging East and West, with more than 3/4 of the country mountainous, with about 40% of the land forested, with access to Adriatic and Ionian Seas, and proximity to Italy and Greece, Albania after the fall of Communist regime and opening of borders became a haven for different types of trafficking. Some of the reasons of the sudden outburst of Albanian criminality are the disruption of the Italian Mafia's activities providing opportunities for other ethnic based crime groups, the development of the sense of collective identity of Albanians, particularly Kosovars, required for these groups to mobilize their activities, fueled further by a perception of rejection abroad and isolation, and the process of democratization that began later in Albania, with its unfortunate by-product, an increasing level of crime. Trafficking of women and children became a major issue from the 1990s. In the period between 1997, after the breakdown of the pyramid schemes, and 2001, Albanian organized crime groups operating in Western Europe reached their peak. Nowadays, Albanian OC groups continue to be involved in trafficking and smuggling of human beings. Albania is not anymore an important transit or destination country, however, it remains an origin country of trafficking of young women for sexual exploitation.

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.

I first met both Prof. Johan Leman and Mr Stef Janssens in 2007 during a NATO Advanced Research Workshop on ‘The Role of Transnational Criminal Organisations in the Management of Illegal Migration, Human Smuggling and Trafficking in Europe’. I delivered a paper on ‘The Role of Ethnic Albanian Organised Criminal Rings in the Trafficking and Smuggling of Human Beings’,1 whereas Prof. Leman and Mr Janssens delivered a paper on ‘The Bulgarian “P” Connection in Belgium: Former Security Agents Sprawling a (Human) Trafficking and Smuggling Business’. I found their presentation quite interesting and very rich in information, facts and data analysis. Their analysis encompassed data stretched over a significant period of time. The majority of the presentations, including my own, were mainly focused on the role of Eastern European criminal groups that were established and became active in human trafficking and smuggling in the early 1990s (and thereafter) — that is, after the fall of communist regimes in the Eastern Bloc countries — whereas Prof. Leman and Mr Janssens’ presentation went back in time and showed interesting data and specific cases of how state-owned enterprises from the Communist European regimes were involved in illegal activities in Western Europe.KeywordsOrganize CrimeHuman TraffickingCriminal OrganisationCriminal GroupCommunist RegimeThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Trafficking in human beings undoubtedly constitutes an offence against the dignity and the freedom of persons as the objective of this trafficking is their sexual or labour exploitation. This chapter studies Spanish legislation and practice as regards trafficking in and smuggling of human beings. It examines the treatment given to such conduct by administrative law, mainly through the Aliens Act, as well as the regulations included in Spanish criminal law. Nevertheless, undoubtedly the analysis of the Spanish legislation, ultimately endeavours to clarify the numerous unknown factors which currently exist with regard to the extent of the success of the harmonisation process which the EU has begun. This process intends to achieve improved and more effective prosecution of trafficking in and smuggling of human beings, which are the most worrying aspects of inevitable migratory movements towards the industrialised countries in general and the Member States of the EU in particular. Keywords: administrative law; Aliens Act; European Union (EU); smuggling; Spanish criminal law; trafficking

The Perfect Business? Anti-trafficking and Sex Trade along Mekong SVERRE MOLLAND Honolulu: University of Hawai'i Press, 2012, viii+276 p.Transnational Crime and Human Rights: Responses to Human Trafficking in Greater Mekong Subregion SUSAN KNEEBONE and JULIE DEBELJAK Oxon: Routledge, 2012, xiii+276 p.Recently, as response to global crisis of human trafficking, more attention has been paid to human trafficking in Greater Mekong Subregion (GMS). However, literature of human trafficking mainly focuses on prostitution and irregular migration, and always considers maximization of profit as central logic behind human trafficking. But this is only part of story.Explaining social-cultural discourses of human trafficking in GMS, Sverre Molland, Susan Kneebone, and Julie Debeljak present alternative perspectives on human trafficking in GMS. In their opinions, there is tension between discourse of policy enforcement and human rights in region.Transnational Crime and Human Rights: Responses to Human Trafficking in Greater Mekong Subregion evaluates legal policy frameworks for responding to human trafficking in GMS. At international, national, and subnational levels, authors point out two essential contexts in human trafficking, namely, prostitution and labor migration. Meanwhile, they apply Foucault and Habermas' ideas about discourse to evaluate competing discourses have shaped policies and policy responses have respectively changed discourses.For instance, Kneebone and Debeljak adopt Foucault's concepts of bio-politics and governmentality1) to illustrate trafficking discourses at both global and regional level not only explaining the increased interests in 'securitization' by those who are in power, but also analyzing why some discourses that may unsettle status quo are excluded (Kneebone and Debeljak, p.24).In The Perfect Business? Anti-Trafficking and Sex Trade along Mekong, Sverre Molland comments on three discourses of traffickers, victims, and anti-traffickers in human trafficking along Thai-Lao border, with specific focus on border towns of Vientiane and Nong Kai. At same time, Molland interprets human trafficking along Thai-Lao border from three theoretical approaches. First, he utilizes discourse2) to explain that institutional practices do not only shape external world, but also respond to it. Second, he adopts practice theory to explain how individuals and groups employ range of strategies and maneuvers to archive certain ends, and internalize these very same ends (Molland, p. 14). And third, he introduces Jean-Paul Sartre's analysis of bad faith3) to explain deliberate ignorance in human trafficking.Molland carefully analyzes and income hierarchies within sex industries in Vientiane and Nong Kai, which are different from idealized depiction of human trafficking. He concludes that human trafficking is not parasitic on migration flows from poorer to richer areas. In many cases advanced by Molland, price for commercial sex in Laos is higher than that in Nong Kai (Molland, p. 127). Furthermore, Lao sex workers cross border to work in Nong Kai, who break logic of maximization of utility. Molland highlights fact that analytical models assumed by anti-traffickers do not explain movement of Lao sex workers mentioned above.In both books, authors pose serious challenges both analytically and methodologically to literature on human trafficking in following three areas.First of all, two books criticize effectiveness of definition context of human trafficking in GMS.In The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Trafficking Protocol),4) one of most essential international texts to any study on human trafficking, definition context of human trafficking contains a range of contradictions and ambiguities (Molland, p. …

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 present study aims to analyze the social representations of trafficking in persons by legal practitioners involved on the implementation of the Policy to Prevent and Confront Trafficking in Persons in the State of So Paulo. Trafficking in persons is a subject that started to be discussed on governmental policies after Brazil adopted the Additional Protocol to the United Nation Convention against transnational organized crime related to Prevent, Suppress and Punish Trafficking in Persons, mainly women and children -Palermo Protocol, in 2004. A study of a policy focused on human rights allow us to discuss about the performance of legal practitioners in a humanist dimension, enabling reflections about their practices and their point of view about the involved subjects. The social representations theory is a theoretical reference from Social Psychology that, among other things, allows us to know the way how a specific group transforms a new knowledge in to something familiar inside one specific historical and social context. This choice is justified through the understanding that the discover of legal practitioners' point of view about the Policy of Confronting Trafficking in Persons is an important step for defining limits and potential involvement from practitioners on this specific policy, and additionally, propose transformations on respective practices. To reach the objective, in addition to the bibliographical research about human rights and trafficking in persons, eight legal practitioners involved with the policy of confronting trafficking in persons on the state of So Paulo, were interviewed. Those interviews were semi structured and some important points to be approached were previously defined. They were recorded and the transcription was made by the researcher. The data analysis were qualitative by nature, data were submitted to content analysis, with establishment of analysis' categories founded on subjects' responses and corresponding with the aims of the work. The following categories were founded: The point of view of legal practitioners about their selves; Violence as causes and consequences of trafficking in persons; Greatest difficulties on working with topics trafficking in persons and human rights; The subjects/objects of trafficking in persons; The thematic axes and the policy's intersectoriality. As conclusion, we understand that the studied policy is progressing since its implementation in Brazil and the legal practitioners have been important actors on this process, as policy's agents or practitioners that take to judiciary demands that involve trafficking in persons. In any of the dimensions, we understand the fundamental importance of reflecting about the development of those professionals on Faculty of Law allowing a compromised practice with the Human Rights' ideal, with human dignity, with social inclusion and with social dimension from the Right.

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.

Smuggling of Human Beings and Connection with Organized Crime