Transitional Organized Crime - Essay Example

Human Trafficking Introduction Transitional organized crime is an issue that affects the modern world in a number of ways. The major forms of organized crimes include human trafficking and smuggling. These have been illegal activities taking place in entire Europe, even across its borders. The expected reason for human trafficking is linked with slavery and the slave trade1. Many issues are considered owing to denial of fundamental human rights in many parts of Europe alongside slavery and the slave trade. For instance, greed for money and riches has triggered human trafficking where individuals concerned have their victims introduced to their evil ways of making money. The ways include introduction to prostitution and pornography, sexual exploitation in people of diverse ages; that is, children young adults and even the old. This incorporates both males and females, innocent human beings that are unsuspecting. It is important to note that there is a distinct group of individuals associated with the alleged human trafficking and smuggling. This is the so-called organized crime that befalls other individuals of unsuspecting nature. The above issue has become a great concern to the European States, which are now on a lookout to smother the crime. For instance, the States have at length laid prominence on cooperation in matters pertaining to criminology. Particularly, they have formed European organizations in the regions that work together with these other international organizations, which include United Nations Office of High Commissioner for Human Rights International, and Organization for Migrations. In order to understand these instances at depth, it is essential to be acquainted with the implication of the frequently used words; these include human trafficking and smuggling. Defining Trafficking Human trafficking is a human right matter. It defines human trafficking as unlawful trade of human beings for using them in slavery, moneymaking sexual abuse and compulsory labor. It also entails other current ways and forms of servant hood and abuse of the rights of people in using them as goods of trade for profit making. In practice and principle, trafficking can be both internal, meaning involving acts of within a country and the other kind of trafficking that is not necessarily the case, is one that involves illegal border crossing and transnational trafficking trade2. Looking at the same definitions of trafficking in depth, it uses a principle and practice that distinguishes it from smuggling in a broader way. As seen above, trafficking is seemingly legal since it is not by any means transitional. Again, it lacks illegal border crossing. This means that the individual victims that face human trafficking do not have problems in crossing the border getting in or out of Europe. It is painful to note that sufferers of human trafficking are portrayed as commodities owned by other individuals. These individuals owning them pay for their transport expenses that see them into or out of the European States and its borders. What stands out in this is that they are still denied their rights to, freely, move about, no wonder the States have come out to suppress this. Defining Smuggling Smuggling involves prohibited border-crossing and transnational unauthorized trade. In human beings, it is obtaining monetary or personal benefits through individuals by transporting them to another country without legal authorization. It is human miss-treatment involving agreed immigration and sheltering of noncitizens for the purpose of misuse of the entrants for achieving a gain. Furthermore, human smuggling is defined as a crime of transnational transportation of noncitizens of a State for a criminal gain. Most cases in smuggling involve personal acceptance of victim to be immigrated illegally. This makes illegal entrants more like customers who compensate for the services offered by the smuggler. It ends once the party being illegally reinstated to another country reaches the intended destination. It is different from human trafficking since the smuggled party is also a participant in border crossing, while trafficking only involves forceful movement. There is rare use of force in people smuggling even though it exists in aggravated smuggling, where smugglers force victims to comply and thus smuggled to another country. It is a matter concerning border control and crimes as it focuses on how countries can be protected from illegal entrance of noncitizens into a State. Effects of smuggling include slave trade, sex trade, unauthorized employment and refugee migration across many regions and countries illegally. Smuggling and trafficking are mainly centered on profit making3. Smugglers tend to deceive the victims to believing the immigration will benefit them, but after reaching the destination, smugglers exploit them for their own profit making. Stephanie has written an article that provides an analysis and a survey of which international provisions of how to do way with the sex trafficking4. It includes international organization dealing with labor and this at a commendable extent addresses the threat of human trafficking. Considering human trafficking as a criminal demeanor is a matter of fact in all ways. As it is observed, the conduct takes places in different levels, some of which include regional and international. It is a great concern in different European States that try as much as possible to combat the crime that denies a number of its perpetual victims their rights. In fact, responses to the issue are cropping up, and this assures hope for future generation. Talking about the future generation, it is one, which is guaranteed freedom from right denials. This is possible when different organizations have greater plans come together, to promote teamwork in unlawful matters. The ultimate goal, therefore, is to bring those who break the law to justice, letting them bear the consequences of their mischievous behavior in human trafficking. However, some of those who are involved in criminal mentioned as such go unpunished, something that raises a real concern. The same people involved in human trafficking do it solely for labor exploitation researches done have five major assumptions about the same crime. The first one maintains that previously, human trafficking rarely happened, and if it did, it occurred at in a very small scale. However, this assumption has been proven wrong will be seen in subsequent views. This first assumption is inaccurate, and its reality is in question. It is difficult to infer enormity of human trafficking as a crime. Substantial value of what it costs all over the world is unknown. However, so many research programs and organizations are in store to see this come to pass. For instance, International Labor Organization is out to figure out the magnitude of human trafficking as Jill observes in his book5. To be concise, this organization has it that Europe Union Member States, the three of them uses forced labor in their industries. Victims of human trafficking do the forced labor, and they make more than 75 percent of the total individuals involved in the same6. Additionally, the researchers of the same organization have found that victims of this crime are both and female. They entirely work in all industries and sectors across the Europe that anyone can ever imagine. The sectors include all sorts of domestic chores, which consist of nursing and caring. Apart from that, the victims are also involved in construction work and renovations. The list of their chores is endless for they are responsible yet for hospitable chores like working in restaurants, cafeterias and night shops. In the agricultural sector, forced labor is imposed on the victims of human trafficking. They carry out duties in agriculture and horticulture and this envelopes greenhouse farming too. They as well work in the food industry starting from slaughtering, food processing and packaging. Still considering the issue at hand, trafficking humans is a crime of a greater extent. It is considered a serious a real abuse of a person’s human rights, for this practice exploits the vulnerable individuals. In fact, victims of human trafficking face a lot of belittlement; they are regarded as commodities and items of trade. It goes beyond a normal level, where it is directed to women. Sex traffickers prefer them because they are introduced to prostitution and pornography. As David observes in his book, the women are trafficked to act upon sexual work to produce the visual or audio materials of pornography7. This is a clear act that violates the rights of a human being. The criminals involved do commit this crime with one sole reason, for financial gain. Researchers have keenly followed and found it is universally accepted that the criminal business brings about millions of dollars or Euros per year8. Human trafficking has adverse effects on the victims, all of which form a basis in human right deprival. It is predicable that the victims of this crime not only suffer physical injuries but also psychological abuses that commences and advances at a different level. To set facts right, the same victims face persuasion and deception through luring words with an aim of making them suspect no harm. Afterwards, they are held against their will and handed over to the traffickers who mercilessly exploit them. Currently, so many issues are at the forefront to support human trafficking. People have freedom of movement from one place to another, and they travel a lode using whatever means of transport please them. This one of the factors amongst many that facilitates trafficking of human beings. Alongside this, there are so many links for communication across the globe that connects the traffickers with each other. Traffickers, on the other hand, are witty, and they have devised methods of luring their victims into their traps. One of them is a tricky way of presenting their empty promises to the victims, promises about good employment and excellent salary in a conducive working condition. Apparently, not all these exist! Level of Action taken by the UK, EU and the International Community There are numerous efforts put in place by a different organization in the entire UK, EU and other International Communities. For example, efforts of European Union, United Kingdom and the International Communities are immeasurable. EU has policies in place that tries to prevent the crime, while, at the same time, fighting the already existing crime. In addition, Council of the European Union has drafted an Action Oriented Paper (AOP) that has an ultimate goal of implementing strategy for Justice in the try to combat this living crime9. They use a multidisciplinary approach, which aims at enforcing the law including a wider range of preventive measures as well as those that support the victims. In the earlier times of the first decade of the 21st century, the EU member States had defined human trafficking in adults and put into consideration child trafficking. This followed through the introduction of an international framework in the states that were out to resist child trafficking through all means. However, there is an obstacle to the EU member States policies in place to tackle child trafficking. This is manifested in the lack of a wider definition about the same. As a result, there are insufficient policies to handle child trafficking owing to the interest of the child being trafficked. It is rather worrying to recognize that the meaning of human trafficking is quit limited in EU. As a matter of concern, it only highlights human trafficking occurrences as those that end up in forced labor and sexual harassment and exploitation10. This kind of definition only applies to adult trafficking victim, and it is at greater height-assuming children who are similarly trafficked. In a broader understanding, there is trafficking in humans that take place with a sole reason of adoption, early marriages and transplantation of vital organs, drug smuggling and begging activities. In the same way, the Unite Kingdom is a destiny for the victims of trafficking crime that is men, women and children who face exploitations. Owing to the above, EU has efforts in place in stipulating policies aimed at curbing the crime. Their policies have ensured freedom with an appropriate security to the members of the entire community. This is the primary law of Europe and the future one is on the way: it will handle child trafficking in greater depths considering the rights of the child. This approach will for sure is intended to adapt policy of the EU accordingly. The great UK has defined and understood the meaning of human trafficking and responded appropriately. This is evident in their rewarding effort to come up with an action plan11. This action plan has a sole purpose that aim at diminishing the crime of human trafficking. It unites all approaches with a similar goal of the human trafficking reduction, approaches that cut through the government, other agencies with no exception. In July 2011, the UK government published a new Human Trafficking Strategy. The publication helps a lot in giving directions pertaining the ways of curbing human trafficking. In addition to this, it also focuses in tackling the same crime through defining the appropriate national activities that would help to do the same12. UK’s efforts are endless still because it brought about a new victim support model as well as taking part in the EU EMPACT and Action Plan streams of work. EU law enforcement officials observe that organized crime groups intensify the crime of human trafficking13. This makes the crime acquire much complexity, rendering it tricky to deal with, which now introduces the roe of the police to fight it till it ends, if not, till it reduces. The police in the EU have initiated court cases against human trafficking simply because they are the ones who regularly associate with the victims. They ensure that they tear apart all suspected criminal networks as well as arresting the criminals and get hold of their assets. In Canada also, there are much efforts underway, aimed at suppressing human trafficking. For instance, it relies on provisions of the Criminal Code Act, in addition to Immigration Act14. The Criminal Code has sections that target criminal organizations and at the same time reprimands them accordingly. Again, the Canadian provisions view the link between human trafficking and sex trade activities. Due to this, the provisions do away with them through targeting traffickers. Legislation of the Canadian society is enforced making the victims charged. This occurs under section 210 of the Criminal Code. European Regional Organizations implement several programs on trafficking of humans as well as those that are concerned immigration. These firms also engage themselves in the execution of laws and policies that control the border control15. The organizations include the EU, Co E and the OSCE and they sometimes work in cooperation, sometimes they do work independently. Their programs have evidences of their struggle to associate with international cooperation just to identify impediments brought about by human trafficking. After knowing them, they work superfluous hard to overcome them as provided for in The Vienna Forum Report16. The programs above are aimed at controlling the crime of trafficking human beings in terms of reducing supply side of the same. The programs mentioned above aim States that the victims of human trafficking originate. Apart from the states, the programs also target even the ways through which immigrants follow. However, the programs are sufficient, for they are full of certain inadequacy in a clear truth. The rule of the law is fundamental in Europe and this has resulted in coming up with strategic police matters unit (SPMU). It aims at supporting policing in all States in Europe that participate in OSCE. In its trial to suppress the crime of human trafficking, SPMU is out to see that the rule of law in democracies of the modern time and police role is at par. This entails in it yet again a strong justice system with a well functionality in the modern democracy. In fact, the alleged organized crime, human trafficking presents a main peril to the security of OSCE area. So many factors have encouraged the organized crimes; amongst them are high technology and globalization. The SPMU cooperates with a number of international organizations, nongovernmental and business sectors, just to reach out and curb the crime of human trafficking. The police unit helps a lot in providing a sole contact point on any organized crime, human trafficking inclusive. On the other hand, Kathleen and Grace note a great deal of human right denial17. It is obvious to them that victims of human trafficking are linked with prostitution. The good news is that their observation effected a slight application of the federal Trafficking Victim Protection Act (TVPA). This was solely to deal with the expected cases about human sex trafficking. There are immeasurable benefits that have come about due to community policing. The police, in the EU, have to struggle with the organized crime until the end, as this is the sole reason why the organizations are started. If the crime is prevented successfully, elements of fear are reduced in members of the society as well as the real individual victims18. It is all about the establishment of a trusting relationship with the societal members. Community policing has so far been introduced in very member states including Southern Caucasus and South-East Europe. The role of law enforcement addressing human trafficking is of a great concern. It is the role of law to identify both adults and children who are seemingly vulnerable to risk and then informing them about their rights. Many Organizations involve themselves in conducting a continuous risk assessment. The ultimate aim is to guarantee safety to the victims that are trafficked across the globe. Trafficking in human beings entails a real violation of human rights. It is considered as a great offence integrity and dignity of human beings. The UK and the EU have successfully showed that their efforts of policing organized crime are a reality. So many articles are in place and support their policies in suppressing human trafficking. Human trafficking is a world phenomenon that not only affects the country of origin but also that of destination, as well as transit. It is, therefore, important to view the current situation of human trafficking and to check on the future considerations. These will go hand in hand with various provisions in the EU, UK and the International organs that work tirelessly hard to curb the crime. Conclusion Currently, human traffickers use tricky means to reach their targeted victims. For example, those who use air travel as a means to transport victims to the EU or the UK operate under what is known as Modi Operandi, as it is indicated in Europol Publication19. They use documents that are forged, counterfeit or fraudulently obtained. Internet is the main place to recruit their victims. It also serves a purpose of advertisement of their services that they offer. Currently, statistics reveal that exploitation of the trafficked human beings occur in a range of sectors which include Agriculture, textile industries, construction sex industry and many others. Use of internet stimulates transnational marketing of individuals who work in the sex industry. Currently, this is an emerging issue affecting the present world, and it is achieved when human traffickers cooperate with the web designers who ensure that the trend of advertisement increases constantly. Many of the migrants are expected still to move into the UK and EU20. Consequently, their countries of origin, which for sure are politically unstable continually, provide a greater deal of criminal groups. Owing to the sky rocketing cost of living and fuel for flight, traffickers are expected to use their money but afterwards compensate at the cost of their vulnerable victims. To their advantage, traffickers marvel at the expected rise in the welfare benefit fraud. Overall, UK and the EU, together with the international communities, have made great steps in their attempts to suppress human trafficking. However, not all their efforts are a guarantee for an instant decrease in the level of human trafficking in Europe. This infamous crime will continually have a greater effect in the European Unions and the United Kingdom. Bibliography A. Aronowitz, Human trafficking, human misery: the global trade in human beings (Greenwood Publishing Group, Connecticut 2009). A. DeStefano, The war on human trafficking: US policy assessed (Rutgers University Press, New Jersey 2007). A. Gallagher, the international law of human trafficking (Cambridge university press, New York 2010). A. Nicola, Prostitution and human trafficking: focus on clients (Springer publishers, New York 2009). B. E. Jill, Human trafficking for labor exploitation: interpreting the crime (Coster van Voorhourt 2007). C. Farrell, Human trafficking (ABDO publishing company, Minnesota 2011). C. Fisanick, Human trafficking (Greenhaven Pr, Pennsylvania 2009). Council of the European Union, implementing the strategy for the external dimension of justice and home affairs. Global Freedom, Security and Justice (Brussels 2009). D. Sutherland, Human trafficking (DIANE Publishing, Philadelphia 2007). E. G. David, Pornography: driving the demand in international sex trafficking (International Human Rights Law Institute, DePaul University College of Law 2008). Europol Publication, Trafficking in Human Beings in the European Union (2011). F. Cornelius, Strategies against humantrafficking: the role of the security sector (Vienna & Geneva 2009). F. Stephanie, The international law on trafficking in women and children for prostitution: making it live upto its potential (Harvard Human Right Journal/ Vol. 10 2008). Great Britain: parliament: joint committee on rights. Human trafficking: update, twenty-first report of session 2006-07, report, together with formal minutes and appendix human (The Stationery Office, London 2007). J. Cathy & R. John, UK Action Plan on Tackling Human Trafficking (Scottish Executive, 2007). K. Kathleen, & C. Grace, Reconceptualizing approaches to human trafficking: new directions and perspectives from the fields (Loyola Law School, Los Angeles 2007). M. Lee, Human trafficking (Willan, London 2007). P. Colette & B. Christine, Trafficking in human beings and Organized crime (Royal Canadian Mounted Police Ottawa 2002). Winckelmann, Human trafficking (Erickson press, San Diego 2008). The United Nations Global Initiative to Fight Human Trafficking: The Vienna Forum Report: a way forward to combat human trafficking (United Nations, New York, 2008). Read More