Trafficking In Human Beings Thb Criminology Essay

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Human Trafficking or Trafficking in Human Beings (THB) is a crime against humanity and refers to the illegitimate trade in human persons for commercial ends, and to facilitate forced labor and sexual exploitation. Human trafficking involves the act of recruiting, transferring, transporting, confining or receiving a person for the purpose of exploiting the person, through coercive means. It is the aforementioned aspect of exploitation of the victim that distinguishes THB from people smuggling: whereas the latter refers to the procurement of persons who have illegally entered a state into which the person is a non citizen or a temporary resident for financial or material gain, the former, THB portends the exploitation of the migrant for prostitution or forced labor or both. Thus, human trafficking is the newest form of slavery. That human trafficking is a lucrative business is a fact that is underscored by revelation that it is the fastest growing criminal industry, the world over. Specifically, human trafficking remains at par with underground arms trade.

The term 'Human Trafficking' had been adopted by the United Nations in 2000, in Palermo, Italy. The main intent of the 2000 UN meeting in Palermo was to craft the Trafficking Protocol, one among three protocols that seek to rein in human trafficking. The Trafficking Protocol is virtually, a Protocol to Suppress, Prevent and Punish Trafficking in Persons, with the main emphasis being laid on women and children. To this effect, international efforts have been concerted to draw diplomatic guidelines under the aegis and establishment of the UN Convention against Transnational Organized Crime. [1] 

A digital system[1] is a data technology that uses discrete (discontinuous) values. By contrast, non-digital (or analog) systems use a continuous range of values to represent information. Although digital representations are discrete, the information represented can be either discrete, such as numbers, letters or icons, or continuous, such as sounds, images, and other measurements of continuous systems.

The word digital comes from the same source as the word digit and digitus (the Latin word for finger), as fingers are used for discrete counting. It is most commonly used in computing and electronics, especially where real-world information is converted to binary numeric form

Critical discussion of Human Trafficking as an organized crime activity

The slight differences in the definition of organized crime are underpinned by the fact that several scholars have tried to define organized crime, and have done so from an array of different standpoints and point of interests and emphasis. For instance, Abadinsky [2] sees the same as "A nonideological enterprise that involves people in close social interaction organized in hierarchical manner, with at least three levels of hierarchy, for the sake of securing power or/ and profit by dabbling in activities that may be illegal, or even legal or both." To Abadinsky, though the positions in hierarchy and portfolios pertaining to functional specialization may be assigned on the premise of rationality, kinship or acquaintance, permanency is always assured to members who always strive towards ensuring that the enterprise remains integral and active in the pursuit of its goals.

On the other hand, Albini [3] sees organized crime as "A criminal activity that involves two or more individuals, whether specialized or nonspecialised, encompassing certain forms of social structure, having a form of leadership structure, using given modes of operations, and the ultimate purpose of the organization being found in the activities or enterprises of a specific group."

It is therefore easy to see that the elements in the above descriptions totally cover human trafficking, so that it is fair, accurate and precise to label human trafficking as a form of organized crime.

That human trafficking is a pervasive crime and activity is well exemplified by the fact that every country, the world over, is affected by the illegal trade. To this effect, a country may be the point of origin, the transit point, or the actual destination of the victims. At the time, estimates according to Interpol place human trafficking as an enterprise that is worth 28 US dollars. Normally, as a crime, THB takes five main forms. [4] 

The first and commonest form of THB involves the trafficking in women for sexual exploitation. That this undertaking is full fledged is supported by the fact that THB for sexual exploitation of women has become a multi billion dollar business, helping in the sustenance of organized crime. The second form of THB is that of people smuggling, which entails the procurement of non citizens for material or financial gain. Because of this, criminal networks that dabble in THB and people smuggling endeavor to exert a lot of control of the flow migrants across the borders. [5] 

Child sex exploitation takes the third form of THB. Nevertheless, this may be the widest and most profound form of THB, given that it ranges from the use of the Internet (pornography) to other visual portrayals of brutal sex crimes. Given that child sex has grown widely, Interpol has come up with the International Child Sexual Exploitation Image database (known in acronym as the ICSE DB) to help the police assuage and halt the operations of child sexual exploitation. In turn, ICSE DB contains images of child sexual abuse which are submitted by other member states or countries, with these pictures being in their hundreds. The ICSE DB in this case is meant at facilitating the sharing of data and images to assist law enforcement agencies to identify new victims.

The fourth manifestation of THB is trafficking for forced labor or servitude, where victims primarily from developing countries are conscripted and trafficked mainly through deception or coercion. The victims find themselves subsequently find themselves under conditions of enslavement, in respect to a variety of jobs.

The trafficking in human organs for the purpose of using the organ, mostly, the kidney is another form of THB. Unlike the aforementioned forms or manifestation of THB, trafficking on organs is a crime that is underpinned by far much serious factors that surpass the mere greed for filthy lucre. One among the underpinnings is the high demand for human organs. In many countries, the waiting lists for the transplants are lengthily winded, so that criminals are willingly ready to exploit insecurity to exploit the desperation of both the patients and potential donors for financial gains.

In most cases, victims are always misinformed about the worth of the organ to be harvested and the medical aspect of the organ removal. Consequently, the very health and life of the donors remains precariously exposed as the operations are carried out in underhand circumstances, which normally are devoid of medical follow ups. In Least Developed Economies [LDCs], the problem remains very profound, given that the deterioration of security and the prevalence of corruption and ineptitude make felicitous conditions for kidnappings to take place, with the victims' organs being harvested without consent after being forcefully anaesthetized.

A critical analysis of research evidence of Human Trafficking and if it meets the definition of organized crime

It is a fact that human trafficking fits the description of organized crime, with organized crime being the transnational, local, or the national groupings of centrally managed organizations that are run by criminals, with the purpose of carrying out illegal activities for monetary gains or profiteering being the main aim. [6] 

That THB and organized crime are concomitant of each other is well epitomized by the fact that THB is normally carried out by a group, that may be registered as an organization, a job recruitment agency, or an agency that may help in facilitating the process of immigration. To this effect, an organization may purportedly be helping potential victims acquire jobs or secure employment opportunities access visas or passports or comfortable lifestyle abroad. [7] 

The United Nations definition of organized crime specifies the minimal number of those involved as three, in order that a crime is dubbed as organized crime. THB at the same time is highly structured as a group, so that there are normally: the party which relates with victims directly; the managerial team that gives orders and acts as the 'brains' behind the THB organization; and the party that links the clients and the management to the arm that is in Diaspora, or the victim's place of destination. [8] 

The definition by Risto Pullat (2003), a researcher based in Estonia, about organized crime being a criminal group consisting: of at least three people; long term division of labor amongst the group members; and the execution of serious crimes through illegal means also helps capture the essence of THB as a form of organized crime. For instance, the fact that many victims have lost their lives to human trafficking epitomizes the seriousness of the crime, so that it can be defined as organized crime.

At the moment, it is estimated that in Yemen alone, there are 80,000 registered refugees, with 75,000 of these being Somalis. A bigger chunk of this population is in dire search of jobs outside the Gulf States, Saudi Arabia and Yemen, with the first priority being given to Europe (mostly Britain) and then the United States. The official US government estimate has it that at least 800,000 people are trafficked across the international borders, annually, with 17,500 of these being brought into the US every year. [9] 

International response to this activity and how has it affected UK and EU government legislation

Because of the danger of THB, the UK's Crown Prosecution Service has introduced chapters and clauses that define THB and prescribe punishment for it. These are all included in the Statutory Offences chapter. Therein is the total spelling out of Human Trafficking Offences and all that pertains to it, such as: Trafficking in prostitution as seen in s.145 of the Immigration, Nationality and Asylum Act of 2002; the s.58 Sexual Offences Act of 2003, the s.57 Sexual Offences Act and s.59 Sexual Offences Act 2003 which all seek to rein in trafficking into the UK for sexual exploitation; and the Trafficking of People for exploitation which is found in s.4 Asylum and Immigration, also known as Treatment of Claimants Act 2004.

To the effect of the existence of the above Crown Prosecution Service, Smuggling and THB offences are well elaborated, with the former being found in section 25(1) of the UK legislation. It is through these legislative provisions that the UK as a member of the EU seeks to stem THB and its growth as a very serious crime.

Like a serious crime such as terrorism, THB has warranted efforts being concerted to thwart its growth. For instance, the United Nations in 2000, Palermo, Italy came with the Trafficking Protocol which sought to structurally define and develop a system or protocol meant at identifying, suppressing, punishing and preventing THB. The UN Convention against Transnational Organized Crime has also come up with diplomatic guidelines as a way of domesticating the provisions of the Trafficking Protocol. International organizations such as amnesty international have also created special departments to thwart the spread and existence of THB.

Perrin [10] explains that the UK and the EU governments on the other hand have made efforts to synchronize laws, policies and modalities for curtailing THB. As early as 2007, the Conservative Party was able to pressure Britain to subscribe to the European Convention against Trafficking. That this move was geared at guaranteeing protection for the underprivileged in the society is well proven by the fact that this happened during the 200th anniversary of Britain's abolition of slavery and slave trade. [11] 

Some of the provisions in the European Convention against Trafficking include: guaranteeing trafficked people a minimum of 30 days to enable them recover and access urgent medical support and safe housing. The European Convention against Trafficking also allows for the provision temporary places of residence for trafficked people who may be in danger, should the trafficked people want to return to their homeland. The convention also makes it possible for the trafficked people to access fair criminal proceedings. [12] 

Discussion of the problems that human trafficking produces at a criminological and wider social level

The gravity of THB cannot be undermined, for they are far reaching. It is a fact that THB has contributed to a lot of miseries and deaths, as both labor and soldier slaves are made to work beyond limits, while their rights to the three most basic needs are not met. Like the slave trade of old, THB has led to the separation of families and family members, with children bearing the greatest and heaviest brunt. The fact that higher demography makes people expendable commodities has not made matters any better. [13] 

Human beings are not only being bought at cheaper prices compared to the 1850s, but also, when a slave does not meet the set target or becomes stubborn, the same is replaced immediately after being killed. At the moment, an Indian child can be bought at merely 35 dollars, a Brazilian agricultural laborer at 100 and an eastern European woman at 500 dollars only. THB at the same time goes hand in glove with sex tourism, criminal online pedophilia and ritual torture. THB is also among the chief source of capital for terrorism. [14] The Independent [15] also attests to this statistical provision.

Effectiveness of law enforcement in dealing with Human Trafficking and its tradeoffs

To Kim, [16] the effectiveness of law enforcement agencies in dealing with THB cannot be discounted, but at the same depends on the degree a country has equipped its law enforcement agencies. In the US for instance, effectiveness is exemplified in Office of Community oriented Policing Services (COPS) in New York. That COPS has made successful inroads in the fight against THB is seen when it identified the four stages of THB as being: recruitment; transportation through weak entry points; prearrangements with legal and illegal businesses; and ultimately, exploitation. Through the identification of weak entry points, many leading states have been able to closely monitor borders against the dangers of THB. [17] 

Whether addressing the problem as one of organized crime assists or hinders the efficacy of law enforcement

Nevertheless, Seaman [18] maintains that it is important to take note of the fact that effectiveness of the law enforcement agencies in thwarting THB deeply depends on government support, the legislative provisions in place, in respect to THB and the coordination of these agencies across states or countries, especially those states or countries that are juxtaposed to each other. [19] 

For instance, knowing the importance of the aforementioned provisions in the war against THB, former US President George W. Bush signed into effect, the Reauthorization of the Document Servitude while the Justice Department gave out over 30 million US dollars in 2004 alone, to ensure the creation of 32 anti- THB forces. The importance of coordination was similarly seen in the incorporation of the representatives from the FBI, social services representatives, local law enforcements agencies and the Bureau of Immigration and Customs Enforcement (ICE). [20] 

It is a fact that THB also brings with it, impediment to law enforcement. This is because THB is known to be a very lucrative business. The lucrative nature of the crime is premised on the high human demography and the scarcity of resources globally. This creates chance for the clamoring of jobs and the forceful conscription of labor. Consequently, other crimes such as rape, defilement, sexual abuse, infant and underage pornography, murder and torture, among others, may be meted out on victims of THB. This renders far much greater challenge to law enforcement.

The clandestine nature of THB also helps in the frustration of law enforcement efforts. The lucidity behind this statement is based on the fact that THB is always associated with the movement of high amount of illicit capital. This capital is always used by underground lords to corrupt the public service sector and the police force as an artifice to avoid being netted by law enforcement agencies. It cannot be considered preposterous, the claim that the very people who carry out espionage and informer duties to the THB lords are police and/ or law enforcement personnel themselves. That the THB business is also powerfully connected and supplemented by the trappings of political power cannot also be underscored. It is this virtue that ensures that THB remains vibrant in a cross border sense and that the diligent law enforcers who are in the precipice of unearthing the crime are fatally dealt with or given job transfers.

As a form of organized crime, THB also lies within the range of those activities that operate through the entrenchment of fear. This impedes the war on the crime and the success of law enforcement. In countries like Columbia, Mexico Brazil, Thailand, Iraq and Spain where human trafficking is vibrant, it is not unusual to find those who know about THB not volunteering information on the same because of fear or the threat that may be placed on his life. This totally frustrates the war on crime in general, given that THB also goes hand in hand with other crimes such as drugs trafficking and terrorism.

To show the frustration of the law enforcement efforts by THB, the case below may be considered.

Recent case that has been prominent in the media and approach taken by law enforcement agencies

The above submissions about the manner in which THB thwarts law enforcement efforts is exemplified by the New York incident in which police arrested 31 people, believed to have been in the center of the crime of human trafficking. The human trafficking ring had been taking place in the Northeast. The victims of the crime as taken in by the police had been 67 people, being strictly Korean women. The women had been taken to the US forcefully and forced into prostitution in a string of brothels that numbered at least 20. This underscores the criminal nature of THB as it involved (in this case), the forceful conscription of women into prostitution, the issuance of death threats and the effecting of illegal immigration of persons from Korea into the US. As part of the business, the forceful conscription of the immigrant's travel and identity documents underscore the criminal nature of human trafficking, since these Korean descents underwent the same.

Besides the above revelation, the aforementioned unwillingness among members of the public to disclose details on the same is underscored in this case, by the fact that the crime had been happening in residential areas in the US capital and New York City, according to the US attorney for the Southern District of New York, Michael Garcia.

Reflection: whether these ideas have been helpful in tackling human trafficking or whether they are a hindrance

Chuang [21] postulates that it is beyond any controversy that the ideas that have been already mooted have been resourceful in the tackling of human trafficking. For instance, the Trafficking Protocol has been an effective tool for the detecting, suppressing, preventing and punishing of THB and its perpetrators, through the drawing of the diplomatic guidelines, under the enablement of UN Convention against Transnational Organized Crime. It is this provision that has made the detection of the weak entry points for patrol against possible THB. It is against this backdrop that the patrolling of the Adriatic coastline became a tenable feat through the use of the Italian coastguard helicopters, after that it emerged clear that Adriatic coastline was being used as the main transit point for slaves between Western and Eastern Europe. [22] 

Similarly, according to Gulati, [23] it is through the structural definition of THB as a form of organized crime that proper modalities can be set to stem and punish THB and its instigators. To this effect, the description by the UN and Risto Pullat (2003) [24] , on organized crime as the carrying out of serious crimes by a group of at least three persons, and this group having a sense of permanent division of labor and dabbling in illegal acts renders THB as a crime that ought to be treated with international concern and efforts. By extension, countries or states that harbor THB and its perpetrators may have trade embargoes and sanctions placed against them. [25] 

Gulati [26] for instance divulges that through the discussion on the legislative process, it becomes possible for players in matters pertaining to diplomacy, international politics and economics to seek better judicial or legislative means of arresting THB and its growth. For instance, the existence of the 20th Chapter of the Penal Code that explains the essence of prostitution and procuring in respect to pandering, aggravated pandering and the solicitation of finances, allows for the systematic and less controversial means of detecting of sexual form of human trafficking. In a similar wavelength, the same Chapter 20 (743/2006) of the Penal Code provides the description of sexual exploitation and the punishment that may be meted on anyone who dabbles in exploiting subject of, or participant of sex trade, or anyone who makes an attempt to exploit the participant in sex trade. [27] 

According to Goodey, [28] the place for the need to harness efforts in a cross border sense as a way of arresting THB (as already discussed) can be seen to be lucid, when Finland's case is considered. As recent as 2004, Finnish authorities vehemently repudiated the existence THB in totality, despite numerous warnings from the US Department of State. Finland at the time wrongfully surmised that it was merely being criticized for being perceived to not do enough to combat THB at the start of the 21st century. It was until the 2003 US TIP Report came out that the Finnish Minister of Justice Johannes Koskinen admitted that large scale prostitution activities directed from Estonia and Russia were not only extant, but very vibrant. It is at this juncture that Finland subsequently made efforts to tackle THB and its spread, head-on. [29] 

Human Trafficking Networks

Most of the time, the human trafficking networks are situated in less developed countries (LDCs). Most of these LDCs are found in South America, Africa and Asiatic countries. The networks usually comprise players from basically all social classes. The rich masterminds are usually the coordinators of the networks and link the point of origin of human trafficking and the foreign market. The actual correspondence is usually carried out by one from a middle income earning bracket, while the tout, mostly from lower class will complete this bracket. Usually, the place of origin is usually from LDCs and the point of destination, a developed country. The case is exemplified by the network that was found in New Delhi. The networks are normally far apart, only linked by air transport. For instance, in the above case, the network interconnected Mexico, India to the US and Canada, through Guatemala.

Normally, the networks connect two or more points that are interlinked but in a highly clandestine manner. Both points are characterized by out-of-bound buildings which are normally under the guard of armed bodyguards. This is seen to be the case by the arrests that were made in Bucharest, Romania in which 150 women and children were found to have been being sexually exploited.

In some isolated occasions, human trafficking networks may take place within the cross border regions, especially in cases where countries juxtaposed to each other have porous boundaries. Specifically, most networks are found in: links between Europe and Asia; South and central Asia; Central and South America; Canada; Middle East and North America; central and South America; and the Sub Saharan Africa.

Human Trafficking Markets

Just like the human trafficking networks, the markets for the same are normally clandestine, with the LDCs serving as the point of origins and the developed countries as the point of destination. The reverse can also be true, as Indonesia has served as a market. The markets are located in isolated areas such as islands, with the island of Batam, an export processing zone, serving as example. Most of these markets thrive on underage girls and in countries where confidence in the government is minimal. This is to the effect that warnings from the government against the questionable prospects of immigration to a foreign country are easily questioned automatically.

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