What is human smuggling? -Human smuggling has identified one of the fast growing illegal activities in the world. It is simply define as an illegal movement of people from one country to another country. They are expected to find better living conditions, safety and so on. The common illegal migrations are illegal migration from developing countries to developed countries. They are used unsafe transport methods such as containers, boats and closed vessel. They having risk in victim of mental or physical abused which is called as human trafficking. Human trafficking involves sexual exploitation or labor exploitation. Woman, child as well as adult are became a victim of human trafficking. Trafficking in persons (TIP) is modern face of modern day form of slavery. It is the misuse of people through force, coercion, threat, and fraud. Human rights abuses such as debt bondage, deprivation of liberty, and lack of control over freedom and labor are common in trafficking. In the slavery system, peoples are treated as property. Slaves losses their will form they captured, purchase or birth. Numbers of slaves are smallest proposition in the world as 12 to 27 million in today. Most of them are debt slaves in south Asia.
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The English word slave derives through Old French and Medieval Latin. it is a medieval word for the Slavic people of Central and Eastern Europe in 14th century
Human smuggling is defining as facilitation, transportation or attempted to transportation in illegally entre of persons in across the intentional border or within same community. It causes to violate the one or more countries law using fraudulent documents. Financial or material gains are involving Human smuggling. The human smuggling has basically two consequences.
a) Human smuggling
b) Human trafficking
a) Human smuggling -In the human smuggling, intermediaries aiding illegal migration though the international border for financial gain, often in large groups. It is facilitating illegal entry into a country without pay migration charges but smuggler have take charge form victims. The migrant have freedom leave and change job in destination or country. Human smuggle are co-operating process or individual attempt. Sometimes it is associated with human trafficking. Smuggler was involved in a process of using physical force, fraud, deception to obtain and transport people. It is become a type Trafficking
b) Human trafficking - Trafficking in human beings is one method of obtaining slaves. There are elements of force, fraud or coercion. There have no freedom and become victims. They have enslaved and limited movements. It can be happen in same community or after the human smuggling. Many times these are victims of abused by physically and mentally. They become victim of sexual abuse of physical abused. It may happen in child, woman and adult. The victims are found in sweatshops, domestic work, restaurant work, agricultural labor, prostitution and sex entertainment.
These two types are more interrelated. Many of human smuggling may be a human trafficking. The both system are common the elements of fraud, force, or coercion. Both are illegal and violated the one or two countries law. It may be costly for one or two countries.
In last decade every government in the world are taken various steps to controlling human smuggling and trafficking. In year 2000, United States government was introduced trafficking victim protection act (TVPA) for the protection of children and woman. According to the Palermo protocol were focused to the global community combating the human trafficking.
2. Historical background
Slavery has long history and engages with human culture. In prehistoric graves in 8,000BC found in Lower Egypt used a Libyan people enslaved a san tribe. Slavery is begun after the Neolithic revolution about 11,000 year ago. The bible also says slavery is established institution.
Slavery was well established in almost every ancient civilization. These features are prominent in Ancient Egypt, Ancient China, the Akkadian Empire, Assyria, Ancient India, Ancient Greece, the Roman Empire, the Islamic Caliphate, and the pre-Columbian civilizations of the Americas. These civilizations were acquired slaves by debt-slavery, punishment for crime, the enslavement of prisoners of war, child abandonment, and the birth of slave children.
Ancient Greece and Rome - In Ancient Greece slavery was started from Mycenaean Greece. Slaves were accounted to twenty percent of the total population in Classical Athens. The natural slavery is accepted by the Aristotle that is called as the situation men become slaves by nature.
Always on Time
Marked to Standard
The Roman Republic was expanding outward and enslaved become prominent of Europe and the Mediterranean. Slaves were used labor as well as amusement by Greeks, Illyrians, Berbers, Germans, Britons, Thracians, Gauls, Jews and Arabs. The late Roman republican era, slavery had become a vital economic pillar in the wealth of Rome. It is also become a significant part of Roman society. Ancient Rome was consisting of over twenty five percent of the population enslaved. During the Roman Empire hundred million Mediterranean people were captured or sold as slaves.
Medieval era- The slave trade were all involved Viking, Arab, Greek and Jewish merchants. The early medieval slave trade the Byzantine Empire and the Muslim world were the destinations, along with the Caucasus and Tartary, the important sources are pagan Central and Eastern Europe.
During the period of 11th to the 19th century, Christian slaves were captured and sell at slave markets in places such as Algeria and Morocco by North African Barbary Pirates. The Byzantine-Ottoman wars and the Ottoman wars in Europe produced huge amount of slaves into the Islamic world. According to the estimated five to one million non-Muslim adolescent males were forcibly converted to Islam by the Ottoman devÅŸirme-janissary system enslave.
Middle East- Ancient slave trade is a centered in the Islamic world, they are collect slave and distribute slave to central Asia and Europe. Under Omani Arabs in the 19th century more than fifty thousand slaves were passing through the Zanzibar in annually. Zanzibar is once East Africa's main slave-trading port. From year 650 AD to year 1,900 AD period between eleven and eighteen million African slaves were crossed the Red Sea, Indian Ocean, and Sahara Desert.
Africa-About a third of the population were slaves in the Islamic states of the western Sudan, Ghana, Mali, Segou and Songhai. In between year 1,300 and year 1,900 period close to one-third of the population was enslaved in Senegambia. The Sierra Leone, Cameroon, Niger, Nigeria, the Kongo, and Angola half of population consisted of slaves in the 19th century. Arab-Swahili Zanzibar Between sixty five to ninety percent of population was enslaved. In Madagascar enslaves are accounted for half of people. In the early 1930s the Anti-Slavery Society was estimated two million slaves in Ethiopia.
Asia- In the Ottoman Empire was sold women slaves in year 1908. The Central Asian khanate of Khiva is centre of slave market for captured Persian and Russian slaves. There were an estimated eight to nine million slaves in India in 1841. According to the Indian Slavery Act V. of 1843, Slavery is abolished in both Hindu and Muslim in India. In Istanbul twenty percent of the population consisted of slaves. China was abolished slavery in year 1,906 and come effective in 1910 year. Slave revolution in China at the end of the 17th century. Then beginning of the 18th century was so generally, owners eventually become the institution into a female-dominated one. Korea has Indigenous slaves. During the period of Joseon Dynasty about thirty to fifty percent of the Korean population was slaves. Approximately a quarter to a third of total population in some areas of Thailand and Burma were slaves.
Europe- Approximately twenty percent of the rural population of Carolingian Europe was slaves. In year 1102 the slave trade was made illegal in England. Slavery trades are forbidden Poland in the 15th century. Lithuania was replaced by the second serfdom. According to Robert Davis, during the period of 16th and 19th centuries one million Europeans were captured by Barbary pirates. They sold as slaves in North Africa and Ottoman Empire. A Barbary pirates was also trade in Christian slaves in the Black Sea region for several centuries until the Crimean Khanate was destroyed by the Russian Empire in 1783.
Americas-(The trans-Atlantic slave trade) - The Mercado de Escravos is the first slave market when is opened in year 1,444. It is created by Portugal for the sale of imported African slaves. Up to ten percent of the population of Lisbon was consisting of black African slaves in year 1,552. In the second half of the 16th century, the direction of European trades in African slaves is change from Europe to tropical colonies in the Americas such as Brazil. It is begun of the Atlantic salve trade. Spain had wider involvement in Atlantic slave trade. The Spanish colonies were become an earliest Europeans to use African slaves in the New World such as islands of Cuba and Hispaniola. The first African slaves brought in 1501 to Hispaniola. England also played a prominent role in the Atlantic slave trade. The profits of the slave trade and of West Indian plantations account to the five percent of the British economy. In the late 18th century the transatlantic slave trade became a peaked. The largest numbers of slaves were captured on raiding expeditions into the interior of West Africa. Typically African kingdoms, such as the Otyo Empire, the Ashanti Empire, the kingdom of Dahomey, and the Aro Confederacy were carried out these expeditions. Europeans are rarely entered the interior of Africa because of fierce African resistance. The slaves were brought to coastal and where they were traded for goods. An estimated from the 16th to the 19th centuries twelve million Africans arrived in the Americas. An estimated six million Africans were brought to what is now the United States. The usual estimate is that about fifteen percent of slaves died during the voyage, with mortality rates considerably higher in Africa itself in the process of capturing and transporting indigenous peoples to the ships. The largest numbers of slaves were shipped to Brazil. The trans-Atlantic slave trade ended shortly after the American Revolution, slavery remained a central economic institution in the Southern states. The plantation system are needed more slaves, such as tobacco growing in Virginia, North Carolina, and Kentucky, and rice growing South Carolina, new cotton lands in Georgia, Alabama, Mississippi. But slave importation abolished in year 1,808. Millions slaves moved west from the Old South between year 1,790 and year 1,860 period. Most of the slaves were moved from Maryland, Virginia, and the Carolinas. According to the Michael Tadman, sixty to seventy percent of interregional migrations were the result of the sale of slaves. In year 1,820 a child in the Upper South had a thirty percent chance to be sold south by year 1,860. Finally the Thirteenth Amendment to the United States Constitution in December 1865, which ended legalized slavery in the United States.
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Contemporary slavery- It is be considered slavery include debt bondage, indentured servitude, serfdom, domestic servants kept in captivity, adoption in which children are effectively forced to work as slaves, child soldiers, and forced marriage.
Abolitionism -On 25 March, 1807 the Slave Trade Act was passed by the British Parliament. It is making the slave trade illegal throughout the British Empire. In year 1833 the Slavery Abolition Act was passed. Between 1808 and 1860, the British West Africa Squadron seized approximately 1,600 slave ships and freed 150,000 Africans who were aboard. In 1833 the British Parliament passes the British Emancipation Act and it is an end to slavery throughout the British Empire., The British Emancipation Act came into effect in August 1, 1834.
The importation of slaves into the USA was prohibited in January 1, 1808. USA internal slave trade is remaining same but it is not involvement in the international slave trade. The American Civil War was caused to the end of slavery from the United States in 1861. Lincoln's the Emancipation Proclamation used to free slaves held in the Confederate States in 1863. The 13th Amendment to the USA Constitution in1865 was prohibited slavery throughout the country.
The United Nations General Assembly were adopted the Universal Declaration of Human Rights in December 10, 1948. It is declared that freedom from slavery and an internationally recognized human right.
3. Organizational spread
Human smuggling has various form of organize way and various with individual effort to internationally organized manner.
Individual human smuggle- Some persons are try to entre in other countries or overstating visa. It is many happen in person movement from developing courtiers to developed countries for better living conditions.
Group human smuggling- It is organizes human smuggling in the world. It can be happen in within country or between countries. Most of times they are become victims of human trafficking. This process involve in monetary or other benefit to smuggle. They use to unsafe transport method for human transport and while the transport some person may be a death or mental and physically abused.
Reasons for human smuggling
human smuggling is due to the various reasons are embedded. In generally extreme poverty, lack of economic opportunity, civil unrest and political uncertainty are the core determinant of human smuggling.
Poverty- The poor living condition and poor income lead to the illegal migration. The economic unrest and pro poverty group are willing to illegal migration. In 1994 Mexico face an economic crisis. The widespread poverty and a lower valuation for the peso relative to the dollar in Mexico were associated with economic crisis. It is a side effect of the North American Free Trade Agreement (NAFTA). It leads to the start of a massive Mexican emigration to USA. The net illegal migration in US has shown increasing trend in period of 1990s to 2000.
Overpopulation -Overpopulation is a Population growth that exceeds the carrying capacity of an area. It is lead to many environmental and social problems such as pollution, water crisis, and poverty. World population has grown from 1.6 billion in year 1900 to an estimated 6.7 in year 2009. In Mexico alone, population has grown from 13.6 million in year 1900 to 107 millions in year 2009. It is mainly due to the increase of emigration.
Family reunification- Some illegal immigrants look for live with loved ones, such as a spouse, parent or other family members. Legal residents or naturalized citizens are applied for Family reunification visas to bring their family members into a destination state legally. Family reunification visas may be limited in number or subject to yearly quotas. This situation may encourage their family members to enter illegally migration. Illegally Mexican emigrates were encouraged by living family member in USA. It cause to increases dramatically Mexican illegal migrant in USA.
Wars and asylum- The desire to escape civil war or repression in the country of origin is one prominent reason for prompted Illegal immigration. There are non-economic push factors for illegal include persecution, frequent abuse, bullying, oppression, and genocide, and risks to civilians during war. To escape dictatorship for instances are political motives traditionally motivate refugee flows. According to its statistics, the number of illegal Colombian residents in the United States in increased from 51,000 to 141,000 in year 1990 to year 2000. In year 2000, the number of authorized Colombian immigrants was 801,363 in the United States. As a result of civil war and repression in El Salvador was experienced substantial emigration. An immigrant to the United States is the largest per-capita source in El Salvador immigrant.
Types of human smuggling -Human smuggling are classified in various ways.
Border crossing-The United States-Mexico border, the Mona Channel between the Dominican Republic and Puerto Rico, the Strait of Gibraltar, Fuerteventura, and the Strait of Otranto are the common place in often cross the borders illegally. These Immigrants from nations haven't automatic visa agreements, or disqualify for a visa. These methods are illegal, they are often unsafe. These immigrants are used in shipping containers, boxcars, and trucks, sink in shipwrecks caused by unseaworthy vessels for across the border. While these transport they may risk in die of dehydration or exposure during long walks without water.
Overstaying a visa- Some immigrants enter a country legally and then overstay or violate their visa regulation. One example is that, More than 200,000 illegal immigrants claimant refugee applications were rejected in Canada, even though they are stay in Canada. A related way of becoming an illegal immigrant is through bureaucratic means. Person can be allowed to remain in a country, be protected from expulsion, because he needs special pension for a medical condition, deep love for a native, or even to avoid being tried for a crime in his native country, without being able to regularize his situation and obtain a work and residency permit. Then people are divided two categories "illegal" immigrants and legal citizens who are living in a judicial "no man's land".
Bonded labor- It is known as a labor trafficking today. It is a most widely used method of enslaving people. Victims are become a bonded laborers for repayment for a loan or service. The terms and conditions have not been defined or in which the value of the victims' services as reasonably assessed is not applied toward the liquidation of the debt. Most probably the value of their work is greater than the original sum of money "borrowed."
Forced labor- In the forced labor, victims are forced to work against their own will, under the threat of violence or some other form of punishment. Their freedom is restricted and a degree of ownership is exerted. According to the International Labor Organization, men are making at risk of being trafficked for unskilled work, which globally generates U$ 31 billion. Forms of forced labor are domestic servitude, agricultural labor, sweatshop factory labor, janitorial, food service, other service industry labor and begging.
Sex trafficking- victims are easily targeted by traffickers and found in terrible circumstances. The victims are varies from Individuals, circumstances, and situations vulnerable to traffickers include homeless individuals, runaway teens, displaced homemakers, refugees, and drug addicts. Victims are the most vulnerable and powerless minorities peoples in the region. There are consistently exploited from any ethnic and social background. the person involve in trafficking known as pimps or madams, exploit vulnerabilities and lack of opportunities, while offering promises of marriage, employment, education, and an overall better life. However, finally traffickers force the victims to become prostitutes or work in the sex industry. Various type of works are includes in the sex industry, prostitution, dancing in strip clubs, performing in pornographic films and pornography, and other forms of involuntary servitude.
Child labor -It have hazardous to the physical, mental, spiritual, moral, or social development of children and interfere with their education environment. The International Labor Organization estimates worldwide two hundred and forty six million children are exploited in aged between 5 and 17. They are involved in debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade, and other illicit activities around the world.
4. Present status
Slavery still exists in some area of the world, although it has now been banned in all countries. Mauritania which is the last country was abolished slavery in 1981. Enslavement is still practice in parts of Africa, in the Middle East, and in South Asia. In year 2007, Chinese government is escaping 570 people who had been enslaved by brick manufacturers in Shanxi and Henan. These rescued were also consist 69 children. In year 2008, the Nepalese government was abolished the Haliya system of forced labour and freeing about 20,000 people. An estimated 40 million people in India are enslaving. Most of them are bonded workers. They are working in slave-like conditions in order to pay off debts. In 2008, Brazil authorities were rescued more than 5,000 slaves as part of a government initiative to eradicate slavery.
In Mauritania 600,000 men, women and children are enslaved with many used as bonded labour. Slavery in Mauritania was criminalized in year 2007. Slavery is also a current phenomenon in Niger. According to the A Nigerian studies reveled that more than 800,000 people are enslaved. The USA finds that cocoa farms in Ivory Coast have more than 109,000 children slaves. Due to the Poverty at least 225,000 children in Haiti's cities are move into slavery as unpaid household servants.
In 2005, the International Labor Organization estimate 12.3 million forced laborers in the world. Siddharth Kara has estimated 28.4 million slaves at the end of 2006. He is divided into the three slave categories: bonded labor/debt bondage (18.1 million), forced labor (7.6 million), and trafficked slaves (2.7 million). According to the Kara dynamic model used calculate the number of slaves in the world each year, it is estimated 29.2 million at the end of 2009.
According to U.S. Government estimates, 14,500 to 17,500 are trafficked into the United States and 600,000 to 800,000 victims are trafficked worldwide every year. Women and children are became prominent group of victims. Trafficking victims are commonly physically and psychologically abused.
New or amended legislation
World prosecution, conviction, victim's identification and amended legislation.
Forced labor, bonded labor, and forced prostitution (Adults and children in the world)
Successful trafficking prosecutions in year 2009
Successful prosecutions related to forced labor
Ratio of convicted offenders to victims identified, (as percentage)
Ratio of victims identified to estimated victims, (as percentage)
Countries that have yet to convict a trafficker under laws in compliance with the Palermo Protocol
Countries without laws, policies, or regulations to prevent victims' deportation
Prevalence of trafficking victims in the world
1.8 per 1,000 inhabitants
Prevalence of trafficking victims in Asia and the Pacific
3 per 1,000 inhabitants
World human trafficking
Prosecution and convictions of USA in 2003 to 2010 period
Percentage of the Area's Population
Migrant population, 2010
International Migrations (millions)
Countries hosting the largest number of international migrants in 2010
Global human trafficking rotes
(Source:-International organization for migration 1996)
Human smuggling has a multidimensional effect on the society. It has individual impact as well as social economic impact. Slavery has effect on original country as well as migrated country. The European nations and the United States legal international slave trade was ended in the early 19th century. It is continued in Europe, Asia, Africa and Latin America.
People are kidnapped or tricked for slavery for laborers in factories. Those trafficked have often face for additional barriers to escaping slavery. The smugglers are taking advantage of the victims, the illegal immigrants make it difficult for them to gain access to help or services provide by government. Burmese women are trafficked into Thailand and then forced to work in factories or some incidence as prostitutes. The victims may not speak the language of Thailand and they become vulnerable to abuse by police due to their illegal immigrant status. Due to the challenges of charges of illegal immigration were faced some people forced into sexual slavery.
There are several hundred illegal Immigrant deaths along the U.S.-Mexico border in each year. Death may due to occur in the exposure deserts of Southwestern United States during the hot summer season.
a).Social cultural impact on human smuggling
The flows of the illegal migration are common in low social economic condition area to well socio economic condition area. That is commonly in developing countries to developed countries in international arena. It is mainly due the peoples are expected well socio economic condition and living opportunities in the new migrant area.
According to the united state estimation in year 2008, approximately 800,000 people are trafficked across national borders, which does not accounted millions trafficked within their own countries. Approximately eighty percent of transnational victims are women and girls.
There are forced into prostitution victims. In the human trafficking include men, women and children are forced into manual labor. Due to the illegal nature of human trafficking exact extent is unknown. According to united state Government report in year 2005 estimates 600,000 to 800,000 people worldwide are trafficked across borders in annually. This figure are exception those who are trafficked internally the communities. Another research was revealed that between 1.5 million and 1.8 million individuals are trafficked either internally or internationally in annually. The annual sex trafficking victims are 500,000 to 600,000.
The weighted average global sales price of slave was estimated to be approximately U$340. It is varies with US$1,895 for the average trafficked sex slave, and US$40 for debt bondage slaves in part of Asia and Africa. Worldwide slavery is become a criminal offense. Slave owners are get very high returns from slave trade with these high risk. According to the Siddharth Kara, the profits generated by all forms of worldwide slavery were US$91.2 billion in year 2007. The weighted average annual profits generated by a slave were US$3,175 with a variance US$950 for bonded labor and US$29,210 for a trafficked sex slave in year 2007. Approximately annually forty percent of all slave profits are generated by trafficked sex slaves. They are four percent of the world's twenty nine million slaves.
Economists have attempted to developed model for during which circumstances slavery appear and disappear. Slavery becomes more profitable venture when land abundant and scared labor with high wage. The slavery was a profitable method of production on bigger plantations growing cotton that fetched high prices in the world market. Slavery is more common production factor when the labor require for a relatively simple and easy to supervise, such that large scale growing of a sole crop. It is become much more difficult and costly to check that slaves when they are involve in good quality complex tasks. Then slavery was most efficient method of production for large scale sole crops such as sugar and cotton. The output was based on reflection on economies of scale.
The total annual income generation for trafficking in persons is estimated to be around US$5 billion and US$9 billion. The Council of Europe states that "People trafficking have reached epidemic proportions over the past decade, with a global annual market of about US$42.5 billion." The United Nations was estimated 2.5 million people trafficked from 127 different countries in around the world in annually.
Economic model -Economics model are developed under the basic argument on cost/benefit for illegal immigration. It assumed that the illegal migrant are believe the probability and benefits of successfully migrating to the destination country are greater than the costs illegal migration. These costs are consist with the restrictions living as an illegal immigrant in the destination country, leaving family, ways of life behind, and the probability of being caught and resulting sanctions. The below proposed economic models were based on a cost/benefit framework with considerations and degrees of complexity.
Neoclassical model-The neoclassical economic model refers only at the probability of success migration, finding employment, and the increase in real income that expected by illegal immigrant. These models were account for the economies of the two countries. They are called push and pull factors. The pull factors are the destination country has in terms of better income and improvements in quality of life. The push factors come from negative conditions in the home country such as lack of employment and economic mobility.
It also explains the probability of successful illegal emigration. This model explain the Factors affect in migration such as border enforcement, geographic proximity, probability and ease of illegal employment, consequences of arrest, and chances of future legalization. This model concludes the destination country, illegal workers willing to add and compete with the pool of unskilled laborers. According to the model illegal workers are successful in finding employment and willing to be paid lower wages than native-born workers. Economist George Borjas was supports aspects of this model and calculate the real wages of US workers without a high school degree declined by nine percent due to competition from illegal immigrant workers. Gordon Hanson and Douglas Massey have criticized this model due the charter of oversimplified and not accounting for contradictory evidence.
Trade liberalization -Developing states are enjoying the benefits of globalization by joining decline to liberalize trade in recent years. Due to rapid opening of domestic markets are caused to the displacement of large numbers of agricultural or unskilled workers. They are willing to seek employment and a higher quality of life by illegal emigration. This situation was explained by the incident of side effect of the North American Free Trade Association. Due the agreement cause to leave impoverished Mexican corn farmers by unable to compete with the higher productivity of US subsidized agriculture. NAFTA have also raised educational requirements for industrial jobs in Mexico. These situation Mexican unskilled agriculture labors are try to illegally migrate to the USA.
Structural demand in developed states -
Douglas Massey argues that developed nations create a structural demand for unskilled immigrant labor to fill undesirable jobs that native-born citizens do not take with regardless of wages. This theory argues that postindustrial economies have a widening gap between well-paying, white-collar jobs and bottom-tier jobs. The white-collar jobs require higher levels of education and "human capital", which native-born citizens and legal immigrants can qualify. The bottom-tier jobs are stigmatized and require no education. These "underclass" jobs consist of harvesting crops, unskilled labor in landscaping and construction, house-cleaning, and maid and busboy work in hotels and restaurants.
The middle-class blue-collar jobs are decreased in manufacturing and industry. The younger native-born generations have chosen to acquire higher degrees and then there are no longer "respectable" blue-collar careers that a worker with no formal education can find. This theory holds that in a developed country like the US now only 12% of the labor force has less than a high school education. There is a lack of native-born workers that have no choice for undesirable manual labor jobs. Illegal immigrants have much lower levels of education. They are still willing "underclass" jobs mainly due to the much higher relative wages with compare in home country. Illegal immigrants are working only temporarily in the destination country. It causes to the lack of opportunity for company and it is less of advancement a problem. In one Pew Hispanic Center poll of over 3,000 illegal immigrants from Mexico in the US found. Seventy nine percent of them would voluntarily join a temporary worker program with a condition of leave after the several years work in legally.
The structural demand theory explains the simple willingness to work undesirable jobs, rather than unusually low wages, in gives illegal immigrants their employment. It also argues that there is no direct competition between unskilled illegal immigrants and native-born workers. This is the concept that illegal immigrants "take jobs that no one else wants". Massey argues that this has certain implications for policy, as it may refute claims that illegal immigrants are "lowering wages" or stealing jobs from native-born workers.
c). Legal and political back ground
USA- The USA Immigration and Nationalization Act, Section 274(a) (1), (2), and Under Title 8, United States Code, Section 1324provides for criminal penalties for the human smuggling. In 2000, USA Congress passed the Victims of Trafficking and Violence Protection Act of 2000 ("VTVPA"). It is explain the recurring and significant problem of trafficking of persons for the purpose of committing commercial sex acts, or to subject them to involuntary servitude, peonage, debt bondage, or slavery. According to The Act, severe forms of trafficking in persons always includes the recruitment, harboring, transportation, provision, or obtaining of a person for one of the three following purposes:
1. Labor or services, through the use of force, fraud or coercion, and resulting in involuntary servitude, peonage, debt bondage, or slavery; or
2. Commercial sex act, through the use of force, fraud or coercion; or
3. If the person is under 18 years of age, any commercial sex act, whether or not force, fraud or coercion is involved.
In the Section 107(c) (3) reads: "Authority to Permit Continued Presence in the United States. Federal law enforcement officials may permit an alien individual's continued presence in the United States, if after an assessment, it is determined that such individual is a victim of a severe form of trafficking and a potential witness to such trafficking, in order to effectuate prosecution of those responsible, and such officials in investigating and prosecuting traffickers shall protect the safety of trafficking victims, including taking measures to protect trafficked persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates.
United nation - Many countries have laws restricting immigration for economic or nationalistic political reasons. United Nations Security Council Resolution 1373 concerning counter-terrorism, enacted in October 2001, are requested of UN member states to restrict immigration laws. A person is permitted to living in a country legally may be decided by quotas or point systems or may be based on considerations such as family ties. Exceptions relative to political refugees or to sick people are also common. Immigrants do not participate in these legal proceedings or who are denied permission under them and still enter or stays in the country are illegal immigrants, as well as people born on national territory. But they have not obtained nationality of their birthplace and have no legal title of residency.
Most countries have laws requiring workers to proper documentation, often intended to prevent or minimize the employment of unauthorized immigrants. Since illegal immigrants without proper legal status have no valid identification documents such as identity cards. Then they may have reduced or no access to public health systems, proper housing, education and banks. This lack of accessibility may result in the creation or expansion of illegal underground forgery to provide this documentation. United nation is involves in mobilizes State and non-State actors to eradicate human trafficking by:
(a) Reducing the vulnerability of potential victims and the demand for exploitation.
(b) Ensuring adequate protection and support to fall victim.
(c) Supporting the efficient prosecution of the criminals involved, while respecting the fundamental human rights of all persons.
United nation are involve in knowledge and awareness on human trafficking, promote effective rights-based responses, build capacity of State and non-State actors, and foster partnerships for joint action against human trafficking.
Steering Committee-The UN.GIFT alliance is composed of the six major international organizations. They are providing technical know-how and expertise to Governments and non-governmental entities in addressing the human trafficking challenge. The UN.GIFT Steering Committee comprises representatives from the six founding members and the main donor to UN.GIFT, coordinates anti-trafficking efforts of its members and their respective networks and alliances.
1.International Labor Organization (ILO)-The mandate of ILO is to protect the interests of foreign workers. It is emphasis that the labor is not a commodity. The ILO are conventions in most relevance to human trafficking are those on forced labor, child labor, migrant workers, on gender equality and discrimination, employment policy, employment agencies, labor inspection, safety and health at work.
2.International Organization for Migration (IOM)| The International Organization for Migration (IOM)-It has involve in counter trafficking in persons within the wider context of managing migration, providing an integrated response to prevent human trafficking, protect the victims through targeted assistance and empower governments and other agencies to combat this severe human rights violation more effectively.IOM has implemented almost 500 counter-trafficking projects in 85 countries since 1994 to 2009 period. IOM's primary aims were to prevent human trafficking and protect victims. It is also developed over 400 partnerships with both state actors and civil society in the course of this work.
3.The Office of the High Commissioner for Human Rights (OHCHR) -It is an anti-trafficking program focuses on the integration of human rights. Its activities are based on a dual strategy which addresses prevention through focusing on the root causes is creating vulnerability, reinforcing victim assistance and protection. In human rights-based a promoting and advocating approach to anti-trafficking, it is guided by two fundamental considerations. There are human rights and anti-trafficking initiatives must not in any way adversely affect the rights of trafficked persons or those vulnerable to trafficking.
4.The Organization for Security and Co-operation in Europe (OSCE)- it aim is fight against trafficking in human beings. Since the late 1990s, the OSCE has created political and operational frameworks to combat human trafficking. The political commitments adopted by participating States from 2000 to 2008. The relevant structures designed to provide assistance to implementation of these comprehensive Ministerial Decisions and anti-trafficking projects and programs.
5.The United Nations Children's Fund (UNICEF)-It is mandate to protect children from all forms of violence, abuse and exploitation is based on the Convention on the Rights of the Child. Children deprived of their rights are vulnerable to numerous forms of exploitation including trafficking and exposure to multiple forms of abuses, violence and exploitation including sexual exploitation, forced marriage, illegal adoption, cheap or unpaid labor.
6.The united national office on drug and crime- It has a aim to address transnational organized crime. The Trafficking in Persons Protocol, supplementing the UN Convention against Transnational Organized Crime (UNTOC), provides the legal and conceptual framework for UNODC's work in the area of human trafficking. It focuses on the criminal justice system response to human trafficking, and also includes further provisions on victim protection and preventive measures.
6. Future prospects
The human smuggling and trafficking are illegal. The human slaves are banded all over the world, UN also doing a significant role in control the human smuggling and trafficking. Even though due to the increase world economic disparately and social unrest are lead to the human smuggling and it open the space for trafficking. The sustainable development in developing world may lead to eradicate of human smuggling and trafficking. Extreme poverty and social unrest are main reasons for human smuggling even though it has high social and economic cost. The human smuggling has only short term benefit, in the sense of long term it has negative impact in social and economy. according to year 2000 figure following countries are contribute the 60 percent of international migrant, Andorra, Macao special administration region of china, Guam, The holy see, Monaco, Qatar and the united Arab emirates. The Traditional countries of immigration countries are Australia, Canada, New Zealand and United States. The New countries of destination of migrants are Ireland, Italy, Norway and Portugal
7. Sri Lankan perspective
Sri Lankan migrates to Kuwait, Jordan, Saudi Arabia, Qatar, Lebanon, the United Arab Emirates, Singapore, Hong Kong, Malaysia, and South Korea to work as construction workers, domestic servants or garment factory workers. Even though some of them are become a victim of human trafficking due to shortage of legal document, threats, physical or sexual abuse, and debt bondage and large pre-departure fees imposed by recruitment agents. Some Sri Lankan is become human smuggling in Europe or other recent developed countries. These people are mainly claim in political reason, education or job.
The Sri Lankan government are prohibited all forms of trafficking. Under the Sri Lankan penal code trafficking offenses are punishable by up to 20 years' imprisonment. Sri Lanka government make an efforts to prevent trafficking in persons, the Bureau of Foreign Employment (BFE) began requiring that all overseas employment contracts be signed ensure that migrant workers understand the contracts' terms.
Last few decades Sri Lanka undergoes the Terrorist problem. This Liberation Tigers of Tamil Eelam (LTTE) was recruited child solider in their terrorist activities. These were a main human trafficking in Sri Lanka. After the end the terrorist problem in 2009 many of child soldiers are streamlined in national education system. Even though, some pro LTTE groups who are living in developed countries have been involved in human smuggling activities for their benefits.
According to the Sri Lanka law Child labor is prohibited. Child and women right are secured in Sri Lanka and it undergo he Child and woman protection law. Violence against child and woman are criminal penalty in Sri Lankan law. The in local labors are secured under the labor law which is implemented by the labor officer and labor coats. Sri Lanka labor have 8 hour working shift, government approved leave and government approved salary.
According to the Sri Lankan culture human smuggling and human trafficking are condemn. Due to historical Buddhist culture and discipline Sri Lankan are become more humanitarian nation in the world.
7. Conclusion and recommendationsÂ Â
The human smuggling and tracking has long history. It is contributing the economic and social development of Europe, America, and Asian and Arabic world. Even though, it has some negative impact on these social and economics of these countries. The slaves are used in unskilled labor industries such as agriculture, due to these unskilled labor caused to the reduce wage rate and demand for domestic unskilled labor.
The eradication of human smuggling is key agenda of the modern world. It can be done by eradicated the causal root of the human smuggling. It is needed collaborating work in developed and developing countries. It makes a better world for all human being.