Human Trafficking vs. Smuggling - Essay Example

Human smuggling and trafficking have been always termed as similar terms by law. However, scholars have a different ideology of both terms. As such, a conflict exists between the need for there to be a distinction between human smuggling and human trafficking. Regardless, both issues are criminal activities that the world collectively agrees should be handled in a much better atmosphere. Human trafficking and smuggling is the second largest crime syndicate in the world. After drug dealing, these two activities are the most lucrative ventures. The distinction between human smuggling and human trafficking is justifiable because, smuggling entails transportation of people from one destination to another whereas trafficking involves smuggling but also uses human beings as commodities that can be commercialized. Primarily, defining both human trafficking and human smuggling is critical in this debate. Human Smuggling is the process through which migrants are moved across borders of a country. Smuggling entails violation of border restrictions and leads to the overpopulation of illegal immigrants in some of the biggest smuggling hubs and destinations in the world. Human Trafficking, on the contrary, is the smuggling of humans into a different country where they are enslaved and used for commercial purposes, mainly sex for the women and labor for the men. In the context of smuggling, the migrant being smuggled has all the consent and pays a financial or material fee prior to the process. However, Trafficking involves the agreement of debt-contracts in which the migrants are moved from one country to another with the promise of good jobs but end up being exploited or used unjustly. As such, one of the factors that define these terms is the aspect of consent. United Nations Convention against Transnational Organized Crime (2000) provides a similar justification for both human trafficking and smuggling. However, the definitions of both terms differ. Human trafficking and smuggling have been treated the same because since smuggling entails procurement of individuals and enabling them to move into another country, but still have these individuals pay them back, through any means, be it directly financial or through the supply of labor. Human trafficking on the contrary entails the use of force, threats or other coercive means to hold people and sell them or use them for commercial purposes (Van der Wilt, 2014, p.297). Some scholars distinguish the terms in relation to their side effects. Tamura (2013) gives the first distinction between human smuggling and human trafficking. One of the arguments she brings is that most human smugglers are not exploitative, although this is not a universal truth. Some might be exploitative. Human trafficking on the contrary is filled with criminals who exploit and use humans as commodities. Tamura (2013) argues that in most cases people voluntarily approach human smugglers and the smuggling network is valued by many. Workers wishing to migrate use smugglers to get to their preferred destinations, as it avoids all the expenses involved in travel costs and visa applications or citizenship. For most poor people, Smugglers are actually heroes who drive people to their dreams. Arguably, Tamura’s (2013) perspective shows the need to distinguish both terms. The author goes as far as claiming that both concepts are more of opposites than related, viewing the smuggler as a hero, whereas the trafficker is seen as a villain. However, not all scholars collectively agree on the justification of the terms. For instance, Aljehani (2015) offers a counter argument proposing that the definition of both acts is synonymous when it comes to law. Despite the difference in the actual definitions of both terms, in legal terms, smugglers will be treated equivalent to traffickers. For instance, not all traffickers are exploitative. In some cases, traffickers and the people they traffic come into agreeable terms of the labor or sex agreements and hence cannot be termed as evil. However, the movement of humans across borders is the first crime both professions violate as Aljehani (2015) emphasizes. The scholar also argues that people should be more concerned with bringing the evil to an end as opposed to assessing the morality involved in both smuggling and trafficking. Agreeably, from a legal perspective, Aljehani’s (2015) argument makes a lot of sense. However, the author purposely ignores assessing the distinction, and focuses on the punishment of the acts. From a logical standpoint, the argument is biased. For instance, killing in self-defense and manslaughter are both acts of killing which are morally questionable but are not treated the same in a court of law. As such, I do not agree with Aljehani’s (2015) of viewing both as equal crimes. Similar to Aljehani (2015) Liempt and Sersli (2013) present an argument against human trafficking and human smuggling, arguing that they should be treated the same. The article, however, focuses more on the various issues associated with illegal immigration. The argument presents a perspective that avoids considering the intrinsic details of both smuggling and trafficking, considering solely their impacts on countries and the security of these nations. Both trafficking and smuggling endanger territories and as such, law makers and policy makers ought to impose stricter regulations on both smuggling and trafficking, despite their difference in terms of technical definitions. From the scholar, it can be deduced that human trafficking and trafficking and smuggling, whether distinguished in meaning and definitions, have disastrous effects on the political and economic structures of a country. This proposition sees no need for the justification of the distinction. The argument is very convincing. Issuing a similar argument is Bilger, Hofmann and Jandl (2006), who argue that human smuggling and trafficking, although different concepts have resulted in a large influx of illegal immigrants in Australia. Between 1993 and 1997, the numbers of illegal immigrants apprehended by law grew by about 1800 per cent, due to both trades and their existence (Bilger, Hofmann and Jandl, 2006, p.62). Bilger, Hofmann and Jandl (2006) also present a case against human trafficking arguing that the industry has been monopolized by mafia-like criminals, mostly the Albanians. Regardless the scholars also believe that smuggling, unlike trafficking is a transitional service that helps the customers (immigrants) get to where they want through the supplier (smuggler). This definition creates a logical distinction between trafficking is that one imposes a form of modern slavery, whereas the other is a transitional service. Leman and Janssens (2007) compare the issue from one main perspective presenting an argument that most of the smuggling and trafficking lines of transportation are similar. As such, the issue of smuggling and trafficking are prosecuted the same since they both use the same channels and both endanger the lives of many individuals. Additionally, both are criminal activities that have largely been viewed in a similar light. The authors choose to argue that both are criminal acts that should be reprimanded justly. However, the article still argues that the distinction between both terms is inevitably justifiable. For the validity of this debate, reviewing contrary views by authors analyzing the concepts from a political perspective is instrumental. Neske (2006) argues that human smuggling has been noted to have benefitial effects for poor people but lack’s the justification for it to be condoned. However, one of the arguments that Neske (2006) presents supporting smuggling of individuals is that each individual participating in the smuggling process, who mainly pursue this means due to the complexity and expenses of obtaining visas, are individually responsible for themselves. Neske (2006) also indicates that some smugglers are reliable, dependant and non-exploitative as opposed to human traffickers. However, in legal terms, none should be condoned. In this case, the author concentrates more on the positive attributes of human smuggling and capitalizes on the negative attributes of human trafficking. Regardless, the argument presented by the author is very convincing on the need for a clear distinction of both terms. Human smuggling and trafficking should not be equated or defined in a similar manner. A great distinction exists between them. However, human trafficking and smuggling are mostly treated in the same manner by law, although much criticism has been introduced to refute some of the strict charges imposed by the legal system for smugglers. Human trafficking violates several human rights and thus the sentences passed for human traffickers is appropriate, or should even be made more severe. The purpose of such a debate is to evaluate whether the distinction between the definition of both terms, exploring other factors that define them as well, is justifiable or not. Since most of the areas that would be used in defining the distinction have been explored, it is equally crucial to explore the concept of the punishment. Bagaric and Pathinayake (2012) present a counter argument against the long-term prison sentences given to drug smugglers in Australia. However, the article emphasizes that drug smugglers are neither heroes nor scums. Judges in Australia have been critical of the issue, criticizing the long sentences given to human smugglers. One of the key features that have been noted is that human smugglers do not violate human rights, as many insist, but rather only break the law by smuggling people into a country. As such, they should not receive same jail sentences as human traffickers who violate several human rights. If judges themselves view the distinction between both concepts, it is vital that the government treats smuggling and human trafficking differently. This article calls not only for the justification in how each of the issues is treated but also emphasizes on a need for the distinction in the punishments given for both crimes. Trafficking is increasingly perilous to humans whereas smuggling is less risky. Terms for trafficking ought to be long, whereas smugglers should have milder prison sentences when arrested and reprimanded. Another perspective explored in justifying the distinction of trafficking and smuggling of humans is the context of effects on human rights. Savage and Agren (2014) argue that smuggling and trafficking are not similar but are still largely perilous to the humans in transit. The article presents a case where mothers in the United States after getting enough money, have their children smuggled into the country. Savage and Agren (2014) state that more than 57,000 children are smuggled across the United States border each year. Most of the smuggling networks are operated by drug cartels. The article also indicates that children have been raped, violated and even beaten while being smuggled. The aspect of smuggling itself is understandably humane, but the fact that the smuggling units are led by deranged criminals makes smuggling synonymous with human trafficking due to the violation of human rights. In this context, Savage and Agren (2014) do not see the need for the distinction of both concepts if they all result in bodily harm to humans in transit. Regardless, an aspect of bias can be viewed in the article owing to the fact that the authors openly ignore the fact that not all smuggling activities result in violation of human rights despite the fact that all actions of human trafficking do. Although the scholars see a thin line in the distinction of both concepts, they argue that smuggling and trafficking are different concepts with somewhat similar effects in the long-run. Some scholars view both terms in a similar light, with a very tiny grey area that justifies the distinction. Leman and Janssens (2012) present a completely different perspective in which they argue that some of traffickers are smugglers, but not all smugglers are traffickers. To clarify the proposition, the authors argue that there are three phases of smuggling of humans, which are the exit, transit and exit phases. Smuggling ends after these three phases are completed. Human trafficking, however, goes beyond these three phases. For instance, once people are smuggled into a country, smugglers have done their job, in most cases. However, traffickers will use these individuals, denying them their freedom, for financial gain. When one assesses such an argument, he or she can see the objectivity of the authors. Although the authors advocate for a distinction between both concepts, they explain that in most cases, both concepts have vaguely the same meaning. This article proposes that there is a thin line in the distinction, but still perpetrates the justification of the distinction between both concepts. Human trafficking in countries such as China is exceedingly high. Part of the reason to blame, as Chu (2010) puts it is the one-child policy that has seen some parents sell their children to traffickers or have heard some people move voluntarily from the country using trafficking or smuggling. However, the author does not distinguish between both concepts because in China, the levels of human trafficking are so high, that even smugglers engage in a mild form of trafficking. The paper argues that even smugglers use the trafficked person for extra monetary gain even in another country. The statistics that Chu (2011) gives is that 79% of all women who are smuggled are exploited and used for commercial sex purposes, whereas 18% of all humans smuggled are used for forced labor. This gap in statistics indicates that a high percentage of men are actually smuggled and not trafficked whereas more women are trafficked and not smuggled. Despite the author’s reluctance to show the distinction, the statistics speak volumes. As such, it is evident that not all acts of smuggling entail further commercialization of humans, even in China. A philosophical outlook of the matter also can be vital in supporting or opposing the argument for the justification of the distinction between trafficking and smuggling. One of the interesting scholarly articles that explore the philosophical distinction between both concepts is Neumann (2015). Trafficking according to Neumann (2015) is a means and not an end whereas smuggling is an end. In short Neumann (2015) argues that smuggling is entirely done for financial or material gain, prior to the commencement of the transit, whereas trafficking is a means to exploit people, even after they have been smuggled to exploit their bodies for financial gain. One contributes to a form of slavery whereas the other is a means to help poor people make a better or a decent living. Meshkovska et al (2015) argues that smuggling and trafficking are separate and should be separately charged in a court of law. Although most smugglers might also contribute to trafficking of humans, smuggling and trafficking have been identified to have different meanings, and are two distinct trades. Batsyukova (2012) shows that they are largely different in nature and should not be confused. In fact the author argues that from an ethical standpoint, smuggling is almost blameless, whereas trafficking is the most unethical act. Stotts and Ramey (2009) argue that the only way for intervention in human smuggling is tightening border patrol. However, the article furthers states that for trafficking the case is different. Stotts and Ramey (2009) propose a model that will have illegal immigrants subjected to human trafficking counseled prior to being deported. The trauma associated with human trafficking has been deemed as a social evil, with the best approach to remedying the situation being counseling. However, the article does not advocate for smuggling, despite its open proposition that trafficking is far much worse than smuggling. Evidently, different scholars have different takes on human smuggling and human trafficking and as a result, it is evident that most might not support the latter, whereas a majority argues that smuggling is a form of trafficking. From the aforementioned articles, it is evident that a majority of scholars believe that the distinction between human trafficking and human smuggling is justifiable. Smuggling mostly entails transportation people and sneaking them across borders, which saves on the amount that would have been used had they used the legal approach to file for citizenship. Trafficking on the contrary has been portrayed as a form of slavery in the contemporary society whereas aspects as commercialization of humans, the violation of human rights and other social evils are side effects. As such, the distinction between human trafficking is justified. References Aljehani, A 2015, 'The Legal Definition of the Smuggling of Migrants in Light of the Provisions of the Migrant Smuggling Protocol', Journal Of Criminal Law, 79, 2, pp. 122-137. Bagaric, M, & Pathinayake, A 2012, 'Mandatory Harsh Penalties for People Smugglers in Australia: Time for Reform', Journal Of Criminal Law, 76, 6, pp. 493-511. Batsyukova, S 2012, 'HUMAN TRAFFICKING AND HUMAN SMUGGLING: SIMILAR NATURE, DIFFERENT CONCEPTS', Studies Of Changing Societies: Comparative & Interdisciplinary Focus, 1, 1, pp. 39-49. Bilger, V, Hofmann, M, & Jandl, M 2006, 'Human Smuggling as a Transnational Service Industry: Evidence from Austria, International Migration, 44, 4, pp. 59-93. Chu, C 2011, 'Human Trafficking and Smuggling in China', Journal Of Contemporary China, 20, 68, pp. 39-52. Collins, H 2014, 'Human Trafficking in the Indo-Asia-Pacific Region', DISAM Journal Of International Security Assistance Management, 3, pp. 69-77. Leman, J, & Janssens, S 2007, 'The Various 'Safe'-House Profiles in East-European Human Smuggling and Trafficking', Journal Of Ethnic & Migration Studies, 33, 8, pp. 1377-1388. Leman, J, & Janssens, S 2012, 'Albanian Entrepreneurial Practices in Human Smuggling and Trafficking: On the Road to the United Kingdom via Brussels, 1995-2005', International Migration, 50, 6, pp. 166-179. Liempt, I, & Sersli, S 2013, 'State Responses and Migrant Experiences with Human Smuggling: A Reality Check', Antipode, 45, 4, pp. 1029-1046. Meshkovska, B, Siegel, M, Stutterheim, S, & Bos, A 2015, 'Female Sex Trafficking: Conceptual Issues, Current Debates, and Future Directions', Journal Of Sex Research, 52, 4, pp. 380-395. Neske, M 2006, 'Human Smuggling to and through Germany, International Migration, 44, 4, pp. 121-163. Neumann, V 2015, 'Never Mind The Metrics: Disrupting Human Trafficking By Other Means', Journal Of International Affairs, 68, 2, pp. 39-53. Savage, L, & Agren, D 2014, 'RUNNING FOR THEIR LIVES', Maclean's, 127, 29, pp. 26-31. Stotts Jr., E, & Ramey, L 2009, 'Human Trafficking: A Call for Counselor Awareness and Action', Journal Of Humanistic Counseling, Education & Development, 48, 1, pp. 36-47. Tamura, Y 2013, 'Migrant smuggling when exploitation is private information', Canadian Journal Of Economics, 46, 4, pp. 1463-1479. Van der Wilt, H 2014, 'Trafficking in Human Beings, Enslavement, Crimes Against Humanity: Unravelling the Concepts', Chinese Journal Of International Law, 13, 2, pp. 297-334. Read More