In some respects, trafficking in persons resembles the smuggling of migrants, which is the subject of a further Protocol (Protocol against the Smuggling of Migrants by Land, Sea and Air), but there are several important differences.
The smuggling of migrants, while often undertaken in dangerous or degrading conditions, involves migrants who have consented to the smuggling. Trafficking victims, on the other hand, have either never consented or, if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive actions of the traffickers.
Another major difference is that smuggling ends with the arrival of the migrants at their destination, whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers. From a practical standpoint, victims of trafficking also tend to be more severely affected and in greater need of protection from re-victimization and other forms of further abuse than are smuggled migrants.
Finally, smuggling is always transnational, whereas trafficking may not be. Trafficking can occur regardless of whether victims are taken to another country or only moved from one place to another within the same country.
Over the past decade, trafficking in human beings has reached epidemic proportions. No country is immune. The search for work abroad has been fuelled by economic disparity, high unemployment and the disruption of traditional livelihoods. Traffickers face few risks and can earn huge profits by taking advantage of large numbers of potential immigrants.
Trafficking in human beings is a crime in which victims are moved from poor environments to more affluent ones, with the profits flowing in the opposite direction, a pattern often repeated at the domestic, regional and global levels. It is believed to be growing fastest in Central and Eastern Europe and the former Soviet Union. In Asia, girls from villages in Nepal and Bangladesh – the majority of whom are under 18 – are sold to brothels in India for $1000. Trafficked women from Thailand and the Philippines are increasingly being joined by women from other countries in Southeast Asia. Europol estimates that the industry is now worth several billion dollars a year.
Trafficking in human beings is not confined to the sex industry. Children are trafficked to work in sweatshops as bonded labour and men work illegally in the "three D-jobs" – dirty, difficult and dangerous. A recent CIA report estimated that between 45,000 to 50,000 women and children are brought to the United States every year under false pretenses and are forced to work as prostitutes, abused labourers or servants. UNICEF estimates that more than 200,000 children are enslaved by cross-border smuggling in West and Central Africa. The children are often "sold" by unsuspecting parents who believe their children are going to be looked after, learn a trade or be educated.
In many cases, trafficking patterns are also related to conflict situations as combatants (or even peacekeepers) create a market for the services of victims and the effects of conflict erode the capacity of law enforcement and other authorities to combat the problem. As a form of organized crime, trafficking can also threaten sustainable development and the rule of law, as illicit profits are used for corruption, other criminal activities and, in some cases, terrorism. The assistance, support and rehabilitation of victims is also a significant problem, particularly in source countries where resources are often limited, and in the case of trafficked children, where the need is most acute.
Additionally, the spread of HIV/AIDS among victims trafficked into prostitution makes victim support and repatriation a public health issue. The treatment of victims as a commodity is also a violation of their most basic rights to freedom, autonomy and human dignity. Although these violations are committed by traffickers, it is important for States to respond to alleviate the harm caused to victims by trafficking where possible and, at a minimum, to not cause further harm. Measures against trafficking should also respect the basic substantive and procedural rights of those accused of trafficking.
Trafficking is fostered, in part, by social and economic disparities that create a supply of victims seeking to migrate and a demand for sexual and other services that provide the economic impetus for trafficking. Deterrence and criminal punishments are important elements, but addressing the underlying conditions which drive both supply and demand are also necessary. Another important preventive measure is public information to mobilize support for effective laws, raise the awareness of key law enforcement and other officials, and to make the socially marginalized groups from whom victims are often recruited more aware of the reality of trafficking and less likely to be deceived when approached by traffickers.
Trafficking is almost always a form of organized crime and should be dealt with using criminal powers to investigate and prosecute offenders for trafficking and any other criminal activities in which they engage. Trafficked persons should also be seen as victims of crime. Support and protection of victims is a humanitarian objective and an important means of ensuring that victims are willing and able to assist in criminal cases.
As with other forms of organized crime, trafficking has globalized. Groups formerly active in specific routes or regions have expanded the geographical scope of their activities to explore new markets. Some have merged or formed cooperative relationships, expanding their geographical reach and range of criminal activities. Illegal migrants and trafficking victims have become another commodity in a larger realm of criminal commerce involving other commodities, such as narcotic drugs and firearms or weapons and money laundering, that generate illicit revenues or seek to reduce risks for traffickers.
The relatively low risks of trafficking and substantial potential profits have, in some cases, induced criminals to become involved as an alternative to other, riskier criminal pursuits. With the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime in November 2000, countries have begun to develop the necessary criminal offences and enforcement powers to investigate, prosecute and punish traffickers and to confiscate their profits, but expertise and resources will be needed to make the new measures fully effective.
Risks are further reduced by the extent to which victims are intimidated by traffickers, both in destination countries, where they fear deportation or prosecution for offences such as prostitution or illegal immigration, and in their countries of origin, where they are often vulnerable to retaliation or re-victimization if they cooperate with criminal justice authorities. The support and protection of victims is a critical element in the fight against trafficking to increase their willingness to cooperate with authorities and as a necessary means of rehabilitation.
The UN has taken an important step forward in coordinating an international
response to trafficking. On 15 November 2000, the General Assembly adopted a
package of instruments against various forms of transnational organized crime,
including the UN Convention against Transnational Organized Crime and the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children. These require the countries that become States Parties to
adopt basic criminal offences, including trafficking in persons or the
equivalent, participation in the activities of an organized criminal group,
money laundering and other illicit conduct. They also establish a framework for
international cooperation, including various forms of assistance in the conduct
of investigations and prosecutions and provisions for the extradition of
offenders. Within the first year, both the Convention and Protocol had obtained
more than half of the 40 ratifications needed to bring them into force, and they
are expected to take effect in the near future.