INTERNATIONAL LAW IN THE CONTEMPORARY WORLD ARENA

International Law in the Contemporary World Arena

International Law in the Contemporary World Arena

Outline

This essay examines that tight immigration and border controls are causes of people-trafficking and smuggling. It begins with an analysis of the definitions of trafficking offered by European regional organisations (EU, CoE and OSCE) in an attempt to understand how they perceive trafficking in human rights or other terms. The distinction between 'trafficking' and 'smuggling' also is explored to illustrate different perceptions in relation to smuggling. The essay then offers an analysis of how these regional organisations have been or is likely to be successful in addressing human rights issues related to trafficking. This is done by highlighting programmes on trafficking implemented by the regional organisations and by analysing conflicting objectives in immigration and border control. The paper concludes by asserting that although the recognition of human rights implications of trafficking is crucial, border and immigration control policies are making it difficult to promote and protect the human rights of those trafficked in Europe.

Introduction

Each year, thousands of people are trafficked to and within Europe. Although the phenomenon has its roots in slavery and the slave trade, it has increasingly been recognised as having a close connection with transnational organised crime in the modern world. Due to sophisticated techniques employed by groups involved in organised crime, the breakdown of States and many other reasons, the number of people trafficked is increasing at a rapid rate.

In order to suppress the phenomenon, European States have put much emphasis on co-operation in criminal matters. Nevertheless, in recent times they also have started examining the human rights implications of trafficking. In addition to the work of international organisations such as the International Organisation for Migrations and the United Nations Office of High Commissioner for Human Rights, the roles of European regional organisations have been particularly crucial in this respect. For instance, under the Council of Europe (CoE), the Steering Committee for Equality between Men and Women (CDEG) has been dealing with the subject matter by organising research seminars and workshops (CoE, 2001a). The European Union (EU) also provides financial support to those trafficked through the European Social Fund (EU, 2001a). Finally, the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE) has also initiated programs on trafficking. They include, but are not limited to, NGO Capacity Building to Combat Trafficking in Human Beings and Anti-Trafficking Legislative Review Project for Balkans (OSCE, 2000a).

The aim of this paper is to examine why trafficking should be treated as a human rights issue and the extent to which this has been the case to date. A specific focus is placed on the definitions of trafficking offered by regional organisations (CoE, OSCE and EU) and the following explores how these organisations view trafficking in human rights or other terms. The author also analyses the distinction between 'trafficking' and 'smuggling' and how the distinction can affect the human rights of those smuggled ...