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.