Is There a Difference Between Human Trafficking and the Smuggling of Migrants - Case Study Example

Difference between Migrant Smuggling and Human Trafficking [Name] [Professor Name] [Course] [Date] Table of Contents Table of Contents 1 Introduction 2 Definitions 3 Organisational dynamics 4 Voluntary and non-voluntary forms 5 Existence of trust 7 Types of borders 8 Potential of abuse or exploitation 9 Causes of human trafficking and human smuggling 10 The victims’ and migrants’ background 12 Market forces and illegal markets 12 Conclusion 13 References 15 Introduction While the terms human smuggling and human trafficking have often been viewed as largely interchangeable because of the shared connections with illegal migration or movement of person, they are distinctly different particularly when it comes to their forms, organisational dynamics and voluntary nature revolving around exploitation and trust (Burke 2009). Indeed, the prevailing understanding of the two terms is grounded in the definitions provided by the United Nations Protocols against international organised crimes. Still, human trafficking and human smuggling phenomena disagree beyond the definitions provided by the UN Protocols. While these protocols underscore the key differences, they do not give explanations on the differences of the two terms (Shelley 2014). This essay argues that there exists significant difference between the two phenomena. While in theory the difference between human trafficking and smuggling shows an apparent distinction between the two terms, they practically overlap, as most researchers support the notion that there is a significant ‘a grey or intermediate area’ between the two terms. Definitions The prevailing definitions of human smuggling and human trafficking have been provided by the UN Protocol against the Smuggling of Migrants by Land, Sea and Air and the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons respectively. According to the United Nations Protocol, human smuggling consists of the process of procuring humans for illegal entry into a target country of which the individual is not a permanent resident or national so as to acquire financial or material benefits directly or indirectly. The UN Protocol depicts smuggling as a financial agreement that must mutual in nature between the individual who seeks to migrate and the smuggler who unlawfully transports the individual across international borders (Gallagher 2010). Essentially therefore, human smuggling refers to transaction between two parties, which involves the movement of persons across borders through illegal means, although with the consent of persons being transacted. On the other hand, the UN Protocol defines human trafficking as the process of transporting, recruiting, transferring, or receiving of individuals through the use of force, threat or forms or deception, abduction or coercion to attain the consent of an individual who has control over another individual for reasons of exploitation. Hence, human trafficking is the process of transporting an individual illegally against their wish by means of forces, deception, bribery, or coercion (Burke 2009). Based on these definitions, it could be reasoned that smuggling is a transaction between the smuggler and the migrant, which presents the means to transport the migrant illegally through the process. On the other hand, the definition of human trafficking underscores exploitation, and therefore the absences of consent, agreement, or choice. Indeed, the definitions by the UN Protocol offer exceptional basis for understanding the key differences between human trafficking and human smuggling (US Department of State 2006). Organisational dynamics Additional differentiation also exists in terms of the organisational dynamics through which human trafficking and smuggling occur. As stated by Burke (2009), transnational crime is often linked to the idea of hierarchical organised crime structures that decide on operations. Still, smuggling drifts from this wider perception by operating in loosely structured networks of smuggling. Such small scale processes are undertaken by actors who are independent and who has a circulatory aspect. Within the same context, Shelley (2014) demonstrates that smugglers help the migrants who in turn help their relatives and the relatives later return to the smugglers to move abroad. At the same time, the smuggler is prompted to continue smuggling individuals to sustain his business. On the other hand, human trafficking makes use of highly organised crime structures. Rather than operate in loose structures of one or two persons who undertake the operations on small-scale, human trafficking functions in a complex system with varied levels of power. Burker (200) also shows that human trafficking is anchored in a traditional hierarchical framework of international organised crime with one person or groups of persons who issue orders and a range of sub-levels that execute the orders. By using such centralised structures, unlawful transportation of individuals is facilitated through deception, recruitment, and trade as a result explaining the unintentional nature of human trafficking. While human trafficking is also regarded as a business, it still exists under inflexible control and separation of duties. Voluntary and non-voluntary forms Human trafficking and human smuggling also have different forms. In supporting this argument, Karraker (2013) argues that while human smuggling is reciprocally voluntary from both the smuggler and the migrant, it is mostly motivated by individuals seeking asylum or labour. The people who participate in the activity are either looking to profit materially or seek better ways of life. The smuggler enters into an agreement with the individuals who looks to migrate in order to acquire payment for his services during the short-lived timeframe of the crime. On the other hand, Shelley (2014) posits that the individual migrating enters into a contract with the smuggler to acquire better welfare with a target country. Regardless of whether the activity is motivated by reasons to obtain betters ways of life, labour or political asylum, the individuals smuggled have to enter into a contract with the smuggler to get away from the troubles that motive their need to leave their home countries. When it comes to reasons of asylum, Kyle and Koslowski (2013) explains that the gains anticipated in the Western nations for the individuals looking to migrate who seek asylum may be greatly desirable and may eventually inspire the individual’s decisions to migrate to a specific country of desire. Despite how successful the smuggling activity is, Kneebone and Debeljak (2012) show that the migrants are still susceptible to deportation. In which case, the reciprocally voluntary form of smuggling may still lead to legal consequences. Compared to the current progress of victim protections, human smuggling is still considered to be illegal and both who participate, or the smuggler and the immigrant, are subject to legal consequences in the host country. On the other hand, human trafficking largely occurs in the form of forced labour and force sex. In which case, children and women tend to be susceptible to the activity (Shelley 2010). Usually, they are captured without their consent before being transported across international borders. In the case of trafficking for purposes of labour, Pierce (2014) reasons that it is conducted in the same manner as trafficking for purposes of sex, although within a broader pool of victims. At the same time, Burke (2009) opines that trafficking humans for purposes of labour is totally spontaneous and non-voluntary, compared to smuggling humans for purposes of labour, which is entirely voluntary in nature. Eventually, the victims trafficked for purposes of labour or sex are sold through deception or being coerced. This is different from human smuggling where the individuals migrating have the willingness to be smuggled in the process. Therefore, compared to human smuggling where the person migrating is motivated and shows the willingness to migrate entirely through the activity, human trafficking represents a total contravention of a person’s agency as well as their basic human rights. Additionally, there exists the offender and the victim compared to smuggling where both participating in the process are offenders. Existence of trust A prevalent aspect notable in the difference between smuggling and trafficking of humans is therefore the voluntary and non-voluntary forms of the crimes respectively. In fact, the definition for smuggling suggests the voluntary nature of the crime, where the smugglers and the individual migrating enter into a form of contract to move the migrant for profit gains. At the same time, the smuggler creates a relationship with the individual seeking to migrate, which ends up to the completion of the contract once the migrant arrives at the targeted country (Peters 2013). Therefore, a degree of trust must exist between the individual migrating and the smuggler. This however does not exist in the case of human trafficking. In which case, when there is no trust, then it is likely that the migrant may not enter into the contract with the smuggler. On the other hand, trafficking comprises a creation of trust at the outset, which however disappears immediately. In fact, the definition for trafficking provided by the UN Protocols suggest a substantial non-voluntary nature, where the human trafficker and the individual being trafficked only pursues an arrangement through force, coercion or exploitation. This also means that there is no relationship or trust between the two parties throughout the process of trafficking. Those carrying out the trafficking activity transport individuals entirely for profit gains without creating any consensual contract with the victim. At this rate, it is reasonable to draw Shelley (2010) argument that trafficking is entirely anchored in bondage, bribery, coercion, and deception. On the other hand, the UN Protocols offer fundamental definitions of human trafficking and human smuggling. Still, the UN Protocols have failed to include the existence or non-existence of trust. Indeed, this argument is supported by Burke (2008), who further mentioned that the issue of trust is significant as it seeks to describe the manner in which the two crimes are performed and thrive. While human trafficking and human smuggling share similarities in the unlawful transportation of people, they are different in the manner in which the degree of trust differs. In fact, Morrison and Crosland (2000) also suggests that the voluntary and non-voluntary aspects of the two crime usually depend on the absence or existence of trust. Types of borders According to Aronovitz (2001), the difference between human trafficking and smuggling also exists based on the types of borders to be crossed. While human smuggling occurs across the national borders, human trafficking may happen within the national borders. A similar argument is presented by Morehouse (2009), who argued that the smuggled immigrants are mostly illegal migrants who contravene the law even as the individuals trafficked abroad may enter into the target countries either legally or illegally. In which case, while smuggling is strictly illegal in nature when it comes to crossing the national borders, human trafficking may not be necessarily unlawful in this regard as it does not necessarily involve crossing the national borders. While smuggling is viewed as being an illegal entry of individuals into a foreign country covering as element of international migration, human trafficking does not strictly encompass crossing the national borders. Indeed, some scholars such as Kyle and Koslowski (2013) view trafficking as a sub-category of human smuggling. The researchers argue that human trafficking takes place when a person is trafficked across international borders by means of deception of coercion leading to forced labour and sexual exploitation. The researchers also argue that smuggling the immigrants encompasses cross the national borders or a country without the authorisation of the government through the smugglers. Finnegan (2008) also supports this argument when he argues that trafficking is not necessarily international in nature. In his study of human trafficking in India, Finnegan (2008) commented that a large number of domestic work network exists with a vast amount of children who are sold for purposes of labour and prostitution within the country. Such claims are supported by an earlier analysis by Jones (2012) who showed that human trafficking encompasses a series of actions that involve crossing internal or external borders. Potential of abuse or exploitation A critical aspect that also denotes the difference between human smuggling and trafficking is the potential of abuse and exploitation. While the definitions provided by the UN Protocols are reliable thus far, they have also failed to highlight the potential of abuse and exploitation that exist in the two offences. UN Protocol on trafficking covers the manipulative aspect of trafficking in its text and is applied to separate human trafficking and smuggling. Despite this, the UN Protocol on smuggling misses out on addressing the likelihood for smuggling to use exploitation in order to acquire more profits or to blackmail the victims. The wide overview of human smuggling and trafficking is also emphasised by the failure of current scholarly literature to acknowledge the fact that the migrant who is smuggled is also greatly exposed to exploitation despite being offered agency in the activity. Cho et al (2013) also explained that while a level of deception may occur in the initial stages of human trafficking, such as where the young women are promised jobs abroad, such as waitresses, only to find themselves forced into prostitution when they arrive in their target countries. In the case of smuggling, Aronowitz (2001) explains that the situation may become complex when the migrant willingly consents to work as a domestic worker and to be paid much less compared to the nationals who pay taxes and are registered. Indeed, Shelley (2014) adds in several cases the victims are mostly willing participants. For instance, women in developing nations such as Kenya are willing to be smuggled to German to work as a prostitute out of will. Despite this, the women may not be permitted to keep all the wages she earns and is forced to pay a greater percentage to the smuggler for transportation or passport. Indeed, it is based on this argument that it could be reasoned that a thin line exists between human trafficking and human smuggling. Aronowitz (2001) also argues that the line between human trafficking and smuggling blurs when the individuals looking to migrate seek the services of the smugglers only to be put in coercive situations as a result becoming victims of traffickers. In which case, what initially started as a voluntary activity eventually transforms into trafficking circumstance where the consent is violated through coercion and deception. Eventually therefore, it can be reasoned that a thin line exists between human smuggling and trafficking. They are different in their forms, organisational dynamics, as well as voluntary aspects. Despite this, the UN Protocols fail to include the existence and absence of trust as a variable in their definitions, and hence erroneously associates exploitation with human trafficking. On the other hand, despite the differences, human smuggling and human trafficking share some differences in terms of Causes of human trafficking and human smuggling and the victims’, market forces and illegal markets and migrants’ background. Causes of human trafficking and human smuggling Causes of human trafficking and human smuggling are however the same. Indeed, Kleemans and Smit (2011) and Batsyukova (2012) agree that trafficking and smuggling are driven by similar “push and pull” factors. According to Batsyukova (2012), smuggling and trafficking ate both motivated by “push and pull” factors. What causes or propels individuals to leave their countries of origin through the unlawful channels are similar. Batsyukova (2012) further explains that the norm has been that the countries of origin of the victims of trafficking or the immigrants are from the developing countries, where those who migrate forcefully or willingly are from the poorer countries. Therefore, the pull of the promises to seek better way of life are powerful. A similar conclusion was made by Kleemans and Smit (2011), who suggested that the prevalent migration waves for both trafficking and smuggling are driven by similar “push” factors. As Batsyukova (2012) indicates, most immigration of Eastern and Central Europe, Russia and Asian countries such as China are mostly influenced by the economic problems prevalent in these countries. In some case, the regional conflicts have been the cause of migration from major origins of the illegal immigrants, including Kosovo and most African nations such as Sudan, Liberia and Sierra Leone. Based on this background, it could be argued that the root causes of human smuggling and human trafficking is anchored in the economic, political and social conditions underlying the countries of origin, such as high levels of unemployment, poverty, persistent feuds and wars, oppressive governments and explosion of population. According to Kleemans and Smit (2011), poverty is predominantly the root cause of human smuggling and trafficking, even as low incomes and unemployment feature as the predominant push factors. Kleemans and Smit’s (2011) study established a strong link between poverty and human trafficking, and a strong link between poverty and human smuggling. In supporting his analysis, Kleemans and Smit (2011) explained that the individuals languishing in poverty mostly cannot afford to invest in the necessary documentation to cross the border. As a result, engage in cross border trafficking to seek better welfares in the more economically stable parts of the world. The victims’ and migrants’ background The backgrounds of the trafficked and smuggles persons also denote the differences between the two forms of crime, since their motivations for seeking to flee their countries of origin differ. Aronowitz (2001) comments that most individuals who become victims to trafficking or take part in smuggling are those who are underprivileged in their own countries of origin, and may mostly comprise those who are mostly disadvantaged within their specific countries or those who have poor job skills or less likelihood of gaining successful employment in their countries of origin. Aronowitz’s (2001) historical analysis of trafficking underscored the fact that the victims mostly tend to be children and women. Indeed, the pattern is evident in Central Europe (such as Ukraine), where women are transported to Western Europe for sexual exploitation. Similarly, the pattern is evident in West Africa where children are trafficked across the African nations for purposes for forced labour, to work in Cocoa farms in Ghana. Market forces and illegal markets An additional similarity between human trafficking and smuggling also exists in the existence of market forces and illegal markets for the two offences. According to Aronowitz (2001), human trafficking and smuggling has only managed to grow because of the existence of market forces and illegal markets for the two. For instance, the rise in demand for cheap labour in the Netherlands had led to the increase in the number of individuals smuggled from Ukraine. Aronowitz (2001) further states that the rise in demand for migrant labour combined with the strict entry requirements and diminished legal channels to enter the destination countries has enabled both crimes to subsist. In return, the two activities have provided the traffickers and smugglers with great potential for profits. In return, the large number of individuals seeking entry in the countries of destination has triggered the rise of markets for providing illegal transportation, fraudulent documents, brokering of jobs and cheap accommodation. A similar view is shared by Jones (2012). The researcher pointed to the idea that trafficking and smuggling of humans is essentially an unlawful market due to the interaction between supply of the migrants and demand for the migrants. Batsyukova (2012) supports this theory when he demonstrated that in the traditionally receiving countries such as South East Asia and Albania, there is always a high demand for cheap labour and sex, while in countries of origin such as Ukraine, there is always a hope for better life in the countries of destination compared to the life at home. Conclusion To a greater extent, a significant difference exists between the two phenomena. While in theory the difference between human trafficking and smuggling shows an apparent distinction between the two terms, they practically overlap, as most researchers support the notion that there is a significant ‘a grey or intermediate area’ between the two terms. Based on the definitions, it is asserted that smuggling is a transaction between the smuggler and the migrant, which presents the means to transport the migrant illegally through the process while human trafficking underscores exploitation, and therefore the absences of consent, agreement, or choice. Additional differentiation also exists in terms of the organisational dynamics through which human trafficking and smuggling occur. Smuggling operates in loosely structured networks of smuggling. Such small scale processes are undertaken by actors who are independent and who has a circulatory aspect. Conversely, human trafficking is anchored in a traditional hierarchical framework of international organised crime with one person or groups of persons who issue orders and a range of sub-levels that execute the orders. Human trafficking and human smuggling also have different forms. While human smuggling is reciprocally voluntary from both the smuggler and the migrant, it is mostly motivated by individuals seeking asylum or labour. On the other hand, human trafficking largely occurs in the form of forced labour and force sex. Usually, the victims are captured without their consent before being transported across international borders. Additionally, while the smuggler creates a relationship with the individual seeking to migrate, which ends up to the completion of the contract once the migrant arrives at the targeted country, the trafficker does not create any contractual relationship. Regarding the types of borders to be crossed, it is concluded that while human smuggling occurs across the national borders, human trafficking may happen within the national borders. The wide overview of human smuggling and trafficking is also emphasised by the failure of current scholarly literature to acknowledge the fact that the migrant who is smuggled is also greatly exposed to exploitation despite being offered agency in the activity. While a level of deception may occur in the initial stages of human trafficking, such as where the young women are promised jobs abroad, such as waitresses, only to find themselves forced into prostitution when they arrive in their target countries. In conclusion, a thin line exists between human smuggling and trafficking. While they are intrinsically linked since they both contribute to unlawful migration, they are significantly different terms or forms, organisational dynamics, borders to be crossed, as well as voluntary aspects. 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