Introduction
Human trafficking is an emerging problem rapidly growing in the 21st century (Interpol
2009). It is deliberated by some to be a more present day type of slavery, which as
practice is as old as human social orders (Bales, 2000). Throughout the last decade,
there has been a restoration of enthusiasm toward trafficking with the end goal of sexual
exploitation due to the economic situations of most developing countries and the need
to make quick money (Bertone, 2000). Most of these victims are initially migrants
seeking for a better life but ends up in trafficking situation. The controversy over the
definition of trafficking by authors and organizations has made it even more difficult to
analysis what human trafficking is.
This essay would aim to inject some conceptual clarity on the understanding of human
trafficking. Our aim is to undertake a critical analysis the processes involved in human
trafficking, shed light on the distinguishing features between smuggling and trafficking
which has become a huge problem in the research of this problem, and finally it would
establish the link between human trafficking and transnational organized crime.
Definition of Trafficking:
“ Trafficking is the recruitment, transportation, transfer, harboring or receipt of persons
by means of the threat or use of force or other forms of coercion, of abduction, of fraud,
of deception, of the abuse of power or of a position of vulnerability or the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation, Exploitation here includes prostitution,
forced labor or services, slavery or practices similar to slavery, servitude or the removal
of organs” (Othman 2004) (UN 2000). It also stated that the approval of the person
subjected to exploitation through these acts and means is irrelevant. The U.S. and U.N.
definition differ in respect to the notion of exploitation. The removal of organs is an
example of exploitation according to the UN but the U.S. doesn’t recognize it as a
severe form of trafficking (Siskin, Wyler 2013). U. S also shifts focus away from the
movement or recruitment element to the "end purpose" of the trafficking. In this respect,
the exploitation is all that really matters not the crime of illegal migration (Chuang
2006).
Bales 2005 see trafficking as a form of slavery. Slavery as a social and economic
relationship in which a person is controlled through violence or unpaid and economically
exploited. In recent times, it involves more of the transportation of victims, usually
women and children, through state borders legitimately or unlawfully. These victims may
be either documented or without documentation as they travel into an unknown location,
and in most cases the person been transported is ignorant of the consequences thereof
and sometimes victims may be oblivious of unintended penalties such as arrests and
extradition while still on their way to the new destination. In many cases, this involves
victims being enticed by better opportunity in the form of jobs elsewhere.
(Chuang 1998:66) argued that trafficking in human being shouldn’t solely
be seen as a contemporary form of slavery or restricted to the phenomenon of
, prostitution. The narrow depiction of trafficking as fundamentally involving forced
recruitment for the purposes of forced prostitution thus contradicts the intricacy of the
current trafficking issues and disregards a large number of victimized people whose
encounters contrast from the generally known manifestations of trafficking (Chuang
1998:66). The Palermo protocol is the legally recognized definition among nations but
they are not, and should not be the only tools available to counter trafficking. All
countries must attack this problem from a criminological perspective and be ready to
address trafficking in any form it takes.
The process of human trafficking
These are characterized in three key elements. The act means and purpose element,
these elements are in line with the Palermo protocol which has to be identified before a
case can be seen as trafficking.
a) The act element is further sub divided into five phases which are the recruitment,
transportation, transfer, harboring, and receipt of persons;
Recruitment- it’s at this phase that the recruiters make preliminary contact with the
victim. They are known as the “first level traffickers” and their job is to locate individuals
who fits the profile in demand. (Iselin and Adams 2013). Except in the case of
abduction which hardly occurs, victims are usually recruited through deception and
assurances of a better life, training, sustainable employment or nuptial (OSCE 2010).
Movement- this phase involves the transportation and entry of people into another
country which is mostly seen in cases of Trans- border trafficking but are not present in
the case of internal trafficking (Iselin and Adam 2013). This may require the construction
and use of fake documents or corrupt government officials to facilitate these activities
(OSCE 2010). Victims may be exploited and exposed to violence in cases where they
have been travelling for months by land from Africa to Europe. During the transportation
phase, the traffickers could decide to take hold of the victims’ documents or limit their
movement (OSCE 2010).
Harboring – this is the phase where the trafficking victims are kept for a period of time
in order to avoid being caught by boarder security mostly. It can also be seen as a place
the victims are kept in preparation for their travel.
Receipt – this phase has to do with the receiving of the victim at their destination.
b) Means element involves the use of coercion, kidnapping, deception, and abuse of
power or position of vulnerability, giving or accepting payments or benefits to control
another person.
c) Purpose element involves the exploitation of victims which includes sexual abuse,
forced labor, slavery or similar practices and the removal of organs.
, Pennington .et. al. 2009 introduces a new element which they called the victim disposal
stage which they argued should be included in the process of trafficking. At this phase
the victims, whose worth has deteriorated is then disposed of by the final owners. They
may be freed in a police raid, purchased and afterwards freed by a client in the case of
trafficking for prostitution or disposed of by the trafficker when they are not of
significance to them anymore (OSCE 2010).
Alternatively, they may go back to their home countries and work under the control of
their traffickers as recruiters for the organizations that trafficked them. This has been
referred to as “second wave recruitment” (OSCE 2010) These Madame’s as they are
called start up their own trafficking business and the cycle continues as it’s often seen in
the case of trafficking from Nigeria to Europe . The criminal proceeds phase comes
under the victim disposal phase; here crimes are committed against the State like
money laundering, tax avoidance and possibly bribery of government officers. Also at
this phase we may see investments in genuine companies so that there is an
interdependent relationship between upper- and underworld activities (OSCE 2010).
The Difference between Trafficking and Smuggling:
The terms human trafficking and human smuggling are often said to be substitutable
due to their similar links to irregular immigration and the secret movement of people
(Burke 2008). However, trafficking and smuggling maintain their own differences
especially when referring to their organizational dynamics, their forms and their
voluntary and involuntary natures that revolve around trust and exploitation. Current
understandings of these terms originated from the widely accepted United Nations
Protocol definition of these terms. The use of the Palermo Protocol was the first real
attempt made to distinguish between human trafficking and human smuggling and it
provided a significant foundation for a universal definition of these terms. Although the
Protocols highlight major differences, they fail to expand upon further dissimilarities
between these two terms (burke 2008).
The protocol defines “smuggling as the mutual monetary agreement between the
smuggler and migrant to unlawfully transport an individual across an international
border” (Burke 2008). In contrast the protocol defines “trafficking as the recruitment and
facilitated movement of a person within or across national borders by means of threat
and force for the purpose of exploitation” (Burke 2008). There is evidence to propose
that the range of trafficking harms may include loss of all legal right, self-esteem, and in
cases of sexual abuse, exposure to several sexual transmitted diseases. (Kelly and
Regan 2000). Another key distinction is that the victims give their consent in smuggling
while in trafficking the victims do not give their consent and in some cases it’s irrelevant.
The UN protocol definitions were able to identify an important international consensus
on the definition of human trade. Many authors and researchers have pointed to the re-
occurring difficulties of making a clear distinction between trafficking and smuggling.
(Gallagher 2001, Lee 2005, Munro 2006). It is often unclear to know if someone is being
Human trafficking is an emerging problem rapidly growing in the 21st century (Interpol
2009). It is deliberated by some to be a more present day type of slavery, which as
practice is as old as human social orders (Bales, 2000). Throughout the last decade,
there has been a restoration of enthusiasm toward trafficking with the end goal of sexual
exploitation due to the economic situations of most developing countries and the need
to make quick money (Bertone, 2000). Most of these victims are initially migrants
seeking for a better life but ends up in trafficking situation. The controversy over the
definition of trafficking by authors and organizations has made it even more difficult to
analysis what human trafficking is.
This essay would aim to inject some conceptual clarity on the understanding of human
trafficking. Our aim is to undertake a critical analysis the processes involved in human
trafficking, shed light on the distinguishing features between smuggling and trafficking
which has become a huge problem in the research of this problem, and finally it would
establish the link between human trafficking and transnational organized crime.
Definition of Trafficking:
“ Trafficking is the recruitment, transportation, transfer, harboring or receipt of persons
by means of the threat or use of force or other forms of coercion, of abduction, of fraud,
of deception, of the abuse of power or of a position of vulnerability or the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation, Exploitation here includes prostitution,
forced labor or services, slavery or practices similar to slavery, servitude or the removal
of organs” (Othman 2004) (UN 2000). It also stated that the approval of the person
subjected to exploitation through these acts and means is irrelevant. The U.S. and U.N.
definition differ in respect to the notion of exploitation. The removal of organs is an
example of exploitation according to the UN but the U.S. doesn’t recognize it as a
severe form of trafficking (Siskin, Wyler 2013). U. S also shifts focus away from the
movement or recruitment element to the "end purpose" of the trafficking. In this respect,
the exploitation is all that really matters not the crime of illegal migration (Chuang
2006).
Bales 2005 see trafficking as a form of slavery. Slavery as a social and economic
relationship in which a person is controlled through violence or unpaid and economically
exploited. In recent times, it involves more of the transportation of victims, usually
women and children, through state borders legitimately or unlawfully. These victims may
be either documented or without documentation as they travel into an unknown location,
and in most cases the person been transported is ignorant of the consequences thereof
and sometimes victims may be oblivious of unintended penalties such as arrests and
extradition while still on their way to the new destination. In many cases, this involves
victims being enticed by better opportunity in the form of jobs elsewhere.
(Chuang 1998:66) argued that trafficking in human being shouldn’t solely
be seen as a contemporary form of slavery or restricted to the phenomenon of
, prostitution. The narrow depiction of trafficking as fundamentally involving forced
recruitment for the purposes of forced prostitution thus contradicts the intricacy of the
current trafficking issues and disregards a large number of victimized people whose
encounters contrast from the generally known manifestations of trafficking (Chuang
1998:66). The Palermo protocol is the legally recognized definition among nations but
they are not, and should not be the only tools available to counter trafficking. All
countries must attack this problem from a criminological perspective and be ready to
address trafficking in any form it takes.
The process of human trafficking
These are characterized in three key elements. The act means and purpose element,
these elements are in line with the Palermo protocol which has to be identified before a
case can be seen as trafficking.
a) The act element is further sub divided into five phases which are the recruitment,
transportation, transfer, harboring, and receipt of persons;
Recruitment- it’s at this phase that the recruiters make preliminary contact with the
victim. They are known as the “first level traffickers” and their job is to locate individuals
who fits the profile in demand. (Iselin and Adams 2013). Except in the case of
abduction which hardly occurs, victims are usually recruited through deception and
assurances of a better life, training, sustainable employment or nuptial (OSCE 2010).
Movement- this phase involves the transportation and entry of people into another
country which is mostly seen in cases of Trans- border trafficking but are not present in
the case of internal trafficking (Iselin and Adam 2013). This may require the construction
and use of fake documents or corrupt government officials to facilitate these activities
(OSCE 2010). Victims may be exploited and exposed to violence in cases where they
have been travelling for months by land from Africa to Europe. During the transportation
phase, the traffickers could decide to take hold of the victims’ documents or limit their
movement (OSCE 2010).
Harboring – this is the phase where the trafficking victims are kept for a period of time
in order to avoid being caught by boarder security mostly. It can also be seen as a place
the victims are kept in preparation for their travel.
Receipt – this phase has to do with the receiving of the victim at their destination.
b) Means element involves the use of coercion, kidnapping, deception, and abuse of
power or position of vulnerability, giving or accepting payments or benefits to control
another person.
c) Purpose element involves the exploitation of victims which includes sexual abuse,
forced labor, slavery or similar practices and the removal of organs.
, Pennington .et. al. 2009 introduces a new element which they called the victim disposal
stage which they argued should be included in the process of trafficking. At this phase
the victims, whose worth has deteriorated is then disposed of by the final owners. They
may be freed in a police raid, purchased and afterwards freed by a client in the case of
trafficking for prostitution or disposed of by the trafficker when they are not of
significance to them anymore (OSCE 2010).
Alternatively, they may go back to their home countries and work under the control of
their traffickers as recruiters for the organizations that trafficked them. This has been
referred to as “second wave recruitment” (OSCE 2010) These Madame’s as they are
called start up their own trafficking business and the cycle continues as it’s often seen in
the case of trafficking from Nigeria to Europe . The criminal proceeds phase comes
under the victim disposal phase; here crimes are committed against the State like
money laundering, tax avoidance and possibly bribery of government officers. Also at
this phase we may see investments in genuine companies so that there is an
interdependent relationship between upper- and underworld activities (OSCE 2010).
The Difference between Trafficking and Smuggling:
The terms human trafficking and human smuggling are often said to be substitutable
due to their similar links to irregular immigration and the secret movement of people
(Burke 2008). However, trafficking and smuggling maintain their own differences
especially when referring to their organizational dynamics, their forms and their
voluntary and involuntary natures that revolve around trust and exploitation. Current
understandings of these terms originated from the widely accepted United Nations
Protocol definition of these terms. The use of the Palermo Protocol was the first real
attempt made to distinguish between human trafficking and human smuggling and it
provided a significant foundation for a universal definition of these terms. Although the
Protocols highlight major differences, they fail to expand upon further dissimilarities
between these two terms (burke 2008).
The protocol defines “smuggling as the mutual monetary agreement between the
smuggler and migrant to unlawfully transport an individual across an international
border” (Burke 2008). In contrast the protocol defines “trafficking as the recruitment and
facilitated movement of a person within or across national borders by means of threat
and force for the purpose of exploitation” (Burke 2008). There is evidence to propose
that the range of trafficking harms may include loss of all legal right, self-esteem, and in
cases of sexual abuse, exposure to several sexual transmitted diseases. (Kelly and
Regan 2000). Another key distinction is that the victims give their consent in smuggling
while in trafficking the victims do not give their consent and in some cases it’s irrelevant.
The UN protocol definitions were able to identify an important international consensus
on the definition of human trade. Many authors and researchers have pointed to the re-
occurring difficulties of making a clear distinction between trafficking and smuggling.
(Gallagher 2001, Lee 2005, Munro 2006). It is often unclear to know if someone is being
