Is There a Distinction Between Human Trafficking and the Smuggling of Migrants?

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However, despite this, there is an argument that both trafficking in persons and the smuggling of migrants are in fact inter-related. Scarpa (2008) believed that both the concepts had a ‘grey area’ between them (Scarpa, 2008, 68). Every year, tens of thousands of people are both smuggled and trafficked illegally, however the manner in which both are executed, remains open to interpretation. The human rights watch (2015), promoted the view that there are in fact many similarities between the smuggling of migrants and the trafficking of people, and suggested questions to help reinforce their viewpoint. The first point was the fact that both smugglers and traffickers profit from the unlawful exploitation of people (2015, 1). Both smugglers and traffickers have the common goal of participating in these illicit activities to produce a sizeable profit. The second question posed by the human rights watch was that it was very possible that individuals were being both trafficked and smuggled on the same journey, as there has been incidents where trafficked individuals who have consented to being smuggled into other countries, have been deceived, and have been forced to be exploited, with an example being, the coercion to work for incredibly poor wages to pay for their transportation. Lastly, it was also suggested that when smugglers abuse those they are smuggling, instead of the activity of being smuggled, it is actually the activity of being trafficked, as the abuse, coercion and threats that come into play are a definite reflection of being trafficked (Human rights watch, 2015, 1).

Despite the relevant questions, they are actually flawed in various ways for many different reasons. Whilst it is true that both smugglers and traffickers profit from these illicit activities, individuals who are being smuggled understand the risks involved with the activity and give their consent, whereas individuals who are trafficked are often the subject of abuse and exploitation from traffickers, who use this to generate their profit. Secondly, despite the possibility of migrants being both trafficked and smuggled on the same journey, it is an incredibly unlikely scenario, as there is a great deal of ambiguity surrounding the concept of trafficking in relation to the smuggling of migrants, so it is almost impossible to make a credible judgement on whether smuggled migrants have been trafficked. Lastly, whilst smugglers sometimes abuse their migrants, the abuse does not amount to exploitation. If the abuse isn’t contributing to the purpose of exploitation and the migrants voluntarily continue with their journey, then it would be incorrect to view them as trafficking victims. Collectively, despite their being suitable questions surrounding the distinction between trafficking in persons and the smuggling of migrants, these arguments are largely weaker in comparison to the arguments proposing that there is a clear distinction between both the issues.

To conclude, both human trafficking and the smuggling of migrants continue to be problematic issues in the world today. With thousands of people being subject to both activities every day, this highlights how much of a concern these issues are. Having said this, there is a fundamental distinction between both of these illicit activities and the main reason in support of this, is through the issues of consent, exploitation and transnationality, as highlighted in the Palermo protocols. The fact that both human trafficking and the smuggling of migrants, differ so contrastingly in each of these areas, further highlights the view that they are innately different from each other, which creates a clear distinction.

M36ISS – Is there a distinction between human trafficking and the smuggling of migrants? (Bibliography)

Human Rights Watch, (2015). ‘Smuggling and Trafficking Human Beings.’

Parrenas, R, S. Hwang, M, C. Lee, H, R. (2012) ‘What is human trafficking? a Review Essay.’ The University of Chicago Press. Vol, 37. No, 4. P.1016

Pierce, S. (2014) ‘The vital difference between human trafficking and migrant smuggling.’ Beyond Trafficking and Slavery. Open Democracy. P.1. https://www.opendemocracy.net/beyondslavery/sarah-pierce/vital-difference-between-human-trafficking-and-migrant-smuggling

Scarpa, S. (2008) ‘Trafficking in human beings: modern slavery.’ Oxford University Press. P.68

United Nations Office on Drugs and Crime, (2000) ‘United Nations convention Against transnational organised Crime, and the protocols thereto.’

US Department of State, (2006). ‘Fact Sheet: Distinctions between Human Smuggling and Human Trafficking.’ Available from: http://www.state.gov/m/ds/hstcenter/90434.htm