FROM BONDAGE TO FREEDOM 15 mentioned above are explicitly or conceptually included within the definition given in the Protocol. Hence, the Protocol definition can be taken as standard definition and human rights standards can be read into it. The definition used in the Protocol not only covers all sectors where trafficking labour is used, but also includes issues of consent and places greater responsibility on States to punish those responsible for trafficking, including consumers of trafficked labour. E. Trafficking, Migration and Refugee Problem Trafficking in people and smuggling of migrants have both become major topics of international government attention. As facts of transnational crime they strike at the very heart of national sovereignty, which was described as the ‘dark side’ of globalization. With the increase in the governments efforts to control irregular migration, a growing sophistication of trafficking and smuggling networks have been witnessed. Irregular migration is now an issue of pre-border, border and post-border control, as well as major focus of international attempts to fight organized crime syndicates34. It is because of increase in control of irregular migration and trafficking, that there are very few legal possibilities for refugees to enter a Western country, especially European Union and they are so required to attempt even more clandestine forms of entry. John Morrison therefore, contends “as international policy currently stands, if European governments were ever successful in stopping organized illegal migration at source or in transit countries, they would have ended European asylum policy as we know it35. Thus one sees that in contemporary discourse, human trafficking has come to be integrally interwoven with migration, mainly illegal, clandestine border crossing, and the smuggling of human beings that in turn has reduced options for refugees fleeing persecution. The implications of these assumptions are: i) Equating trafficking with migration leads to simplistic and unrealistic solutions, which generally attempts to put restrictions on movement of those who are vulnerable to trafficking. This conflation results in paternalistic approach, 34 John Morrison and Beth Crosland, The Trafficking and Smuggling of Refugees: The End Game in European Asylum Policy, July, 2000, Working Paper of United Nations High Commissioner for Refugees, p.5. 35 Ibid.

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