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Friday 8 November 2013

Human trafficking v people smuggling

I recently sought to distinguish the difference between human trafficking and people smuggling; initially finding myself on the Australian Federal Police (AFP) website.


I noted the AFP describe human trafficking as a form of slavery listing servitude, forced labour, debt bondage or organ harvesting as exploitative practices undertaken by criminal elements. People smuggling on the other hand involved illegal movement of people across borders in an organised manner by cartels for financial reward.

That is, on an individual basis, the people smuggling cartel engages in a consenting contractual arrangement terminating upon arrival at the destination.

By such a definition, human traffickers use coercive means to force people to illegally enter a country, further exploitation of the individual usually occurs once they arrive at their destination whereas as opposed to people smuggling, the act of transportation and facilitation are the primary source of profits for the criminal network.

Mandatory detention for illegal immigrants in Australia was introduced by the Keating government in 1992 following a marked increase in boat arrivals, the Howard government maintained mandatory detention policy further introducing measures discouraging boat arrivals reducing the number of people held in detention.

The term illegal immigrant is interesting insofar that if a person knowingly engages in a voluntary contractual arrangement with an organised syndicate engaged in people smuggling, have they in fact committed a crime? 

They certainly create the demand for the services of people smugglers, drugs are illegal yet drug producers, drug smugglers, drug sellers and drug users are all targeted by law enforcement agencies and charged accordingly.

The Bali process is the international forum targeting people smuggling, human trafficking and transnational crime - more than 45 members including the United Nations High Commissioner for Refugees, the International Organization for Migration and the United Nations Office of Drugs and Crime, observer countries and international agencies. 

The core objectives include greater cooperation between regional law enforcement agencies, intelligence sharing, detection of illegal movements, identifying illegal migrants return of smuggled persons and national legislation including criminalisation of human trafficking and people smuggling.

The simple fact is; this deplorable business is run by both national and international cartels seeking profits from trading in human misery, these criminal organisations must be targeted by law enforcement agencies smashing their business models and disrupting their activities to such a manner that they can no longer ply their reprehensible trade. 

This is not human trafficking with voluntary subscribers providing both the income and demand to keep the smugglers in business, increase the penalties as a deterrent and the business model collapses.

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