Human Trafficking Essay

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HUMAN TRAFFICKING AND SMUGGLING OF MIGRANTS. Trafficking refers to the ‘recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or other forms of coercion, of abduction, of fraught, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose exploitation’. The main forms of exploitation are prostitution, forced labour, slavery, or the removal of body organs. Human smuggling, can be defined as ‘the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State, party of which the person is not a national or a permanent resident’. In that sense, the smuggling of individuals violates the rights of the state, while human trafficking is tantamount to the violation of human rights. Human smuggling is a special case of illegal immigration, while human trafficking is a subcategory of smuggling. Official definitions of these concepts are provided by the UN Protocol against the Smuggling of Migrants by Land, Sea and Air, and the UN Protocol to Suppress and Punish Trafficking in Persons, especially Women and Children. The Protocols are supplements to the so-called Palermo Convention or more specifically the UN Convention on Transnational Organized Crime adopted by the UN General Assembly on 15 November 2000 (UN A/55/383). The Protocols define smuggling as ‘the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State party of which the person is not a national or a permanent resident’. In that sense, the smuggling of individuals violates the rights of the state, while human trafficking amounts to the violation of human rights.

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