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MAIN QUESTION

AND SUPPLEMENT POST RESPOND TO CLASSMATE

Guidelines: Students will be required to post one (1) original response and one (1) supplemental response based on another student’s post. Students are expected to post high quality messages (e.g., well-written, addressing multiple perspectives, citing sources, etc.) that are related to the discussion topic. Posting additional questions or responding to multiple discussion questions is encouraged but will not be graded.

1. Each discussion should be 300 words or more for the Original post Points will be deducted for word count.

2. Each discussion must discuss an original issue from the reading and should respond to another post. Copying and Pasting will be reported and Turnitin will be used to analyze the originality of your work. Using your own work and pasting it to a new post is also not acceptable.

3. In order to get two full points, the discussion should be submitted on or before the deadline, must be at least 300 and 200 words (respectively), and must be related to important concepts discussed in weekly readings, and post one (1) original response and one (1) supplemental response based on another student’ s post.

Each post will be given up to one (1) full point depending on the grade it is given. For example, a full TWO points will be rewarded if the original response receives a score of Excellent (1 point) and if the supplemental response receives a score of Excellent (1 point) as well. Note that though students may respond several times to other classmates, only one response post will be accepted.

Discussion Prompt: Pick any concept from your readings or discuss the following concept and discuss.

There are more slaves alive today than all the people stolen from African during the height of the transatlantic slave trade. Put another way, today’s slave population is greater than the population of Canada, and six times greater than the population of Israel.

What is your reaction and what do you think may be the cause?

After: 200 words or more for the Supplemental post. Just “I agree” or “I disagree” or “it is a good point” etc. are not acceptable discussion posts. Students must analyze and critically discuss the topic of the discussion.

RESPOND TO KETTORIA:

Human Trafficking is one of the worst acts of slavery, or modern slavery that is being conducted to this day all throughout the world! The reason being is because slavery that was done back in the earlier years was actually legal! People back then had the right to own another person and use them for their own benefit. To correlate that in to todays society, slavery since then should have been abolished in the U.S. when the Declaration of Independence was formulated, where “All men are created equal and they are endowed by their creator with certain unalienable rights” (Human Trafficking by Suman Kakar). Being able to be free from involuntary servitude and the right to be free from slavery is included in those unalienable rights. With that being said, wouldnt you think that slavery would be diminished by 2021 due to the fact that there have been laws even after the declaration of Independence that have been set in play to eradicate this issue? That is how it would be in a perfect world, but in todays society, there are still people being used against their will to conduct outrageous acts, that can all be considered under the umbrella of Human Trafficking. Human Trafficking includes things like modern slavery, child-labor, servitude, sex-slavery, smuggling, illegal migration, slavery, underage prostitution of foreigners, facilitated irregular migration, and slavery. On the contrary, I do feel as though slavery when Africans were taken from their home was not as known as Human Trafficking due to our updated technology; so I can say that there were much more slaves that were not documented and thus were not accounted for; but there is also a wide range of many different forms of involuntary servitude that is being conducted not only in the United States, but throughout the whole world. These acts are being conducted as close as in our own neighborhood without us even knowing, and has been that way for many years. So that is why I can agree to the fact that Human Trafficking is on a much larger scale that the people who were taken from Africa, but I do not like to compare the two. 

Human Trafficking

Human Trafficking

Suman Kakar ASSOCIATE PROFESSOR

DEPARTMENT OF CRIMINAL JUSTICE FLORIDA INTERNATIONAL UNIVERSITY

Copyright © 2017 Suman Kakar

All Rights Reserved

Library of Congress Cataloging-in-Publication Data

Names: Kakar, Suman, 1953- author. Title: Human trafficking / Suman Kakar. Description: Durham, North Carolina : Carolina Academic Press, [2017] |

Includes bibliographical references and index. Identifiers: LCCN 2017005003 | ISBN 9781611637564 (alk. paper) Subjects: LCSH: Human trafficking. | Social media. | Human trafficking

(International law) Classification: LCC HQ281 .K35 2017 | DDC 306.3/62–dc23 LC record available at https://lccn.loc.gov/2017005003

eISBN 978-1-53100-439-2

CAROLINA ACADEMIC PRESS, LLC 700 Kent Street

Durham, North Carolina 27701 Telephone (919) 489-7486

Fax (919) 493-5668 www.cap-press.com

Printed in the United States of Americahttps://lccn.loc.gov/2017005003http://www.cap-press.com

Contents

Chapter 1 · Understanding Trafficking in Persons Chapter Objectives Introduction: What Is Human Trafficking? Trafficking in Persons: Global Crime Trafficking Case Involving U.S. Citizens as Perpetrators

Case Analysis Human Trafficking and Smuggling—What Are the Differences?

Fact Check on Human Trafficking Human Trafficking Victims are not Only Foreigners Trafficking is not the Same as Illegal Migration, Forced Migration, or Smuggling All Victims of Trafficking are not Poor Foreigners Persons Claiming to be Victims of Trafficking are not Employees Who Consented to be

Employed in the Professions They are in—They are Victims Illegal Underground Industries are not the Only Industries Involved in Human

Trafficking Human Trafficking: Human Rights Violations

The Cyrus Cylinder The Magna Carta Universal Declaration of Human Rights Human Trafficking Prosecution Unit Human Trafficking and the United States Criminal Code, Title 18, Chapter 77

Human Trafficking: Business Traditional Professions such as Teaching and Medicine Are Also Part of the Trafficking

Business Differences and Similarities: Human Trafficking and Slavery

Bondage Bonded Labor and Debt Bondage among Migrant Laborers Forced Labor Sex Trafficking Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 2 · Trafficking in Persons: Historical and Global Perspectives Chapter Objectives Introduction: Human Trafficking—Historical and Global Perspectives

The United States Constitution and Outlaw of Slavery The United States and Human Trafficking

History of Human Trafficking Legislation White-Slave Traffic Act (The Mann Act)

The First Formal Human Trafficking Task Force (1923) Human Trafficking as a Human Rights Violation

Human Trafficking Declared a Human Rights Violation (1949) United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children (2000) Trafficking Victims Protection Act (2000) The Office to Monitor and Combat Trafficking in Persons (2001) Human Trafficking Included as a Part 1 Crime in the Uniform Crime Reports

Human Trafficking across Borders Human Trafficking: Transnational Crime Origin and Destination Countries: Trafficking in Persons is Ubiquitous in Nature Human Trafficking Profits

Poverty, Unemployment, Homelessness, and Human Trafficking Human Trafficking: A Global Health Issue Human Trafficking: Individual Enterprise or Organized Business? Profits and Human Trafficking Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 3 · Domestic Human Trafficking: Local Perspectives Chapter Objectives Introduction: Human Trafficking: Local Perspectives

Domestic Human Trafficking Human Trafficking: Around Us The Essentials of the Human Trafficking Process Nature and Extent of Domestic Human Trafficking

Lack of Systematic Data Nature of the Crime Lack of Uniformity: Various Definitions Source of Data

Human Trafficking: A Routine Activity Human Trafficking and Economics U.S. Code and Protection for the Victims of Involuntary Servitude or Forced Labor

Peonage Involuntary Servitude Forced Labor Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor Sex Trafficking of Children by Force, Fraud, or Coercion Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage,

Slavery, Involuntary Servitude, or Forced Labor Who Are the Victims of Domestic Trafficking? Conclusion and Chapter Review Discussion Questions References

Further Suggested Readings Notes

Chapter 4 · Conceptual Frameworks to Explain and Understand Trafficking in Persons Chapter Objectives Introduction: Trafficking in Persons: Theories Trafficking in Persons: A Multidimensional Crime and Multiple Explanations The Need for a Conceptual Framework Trafficking in Persons and Globalization

Push and Pull Factors Trafficking in Persons and Capitalism Theory: Globalization Trafficking in Persons and Economic Theory of Value Trafficking in Persons and Capitalism Theory Trafficking in Persons and Industrial Capitalism Trafficking in Persons and Migration

Trafficking in Persons: Process Trafficking in Persons and Theories of Victimization

Trafficking in Persons and Victim Precipitation Theory Trafficking in Persons and Lifestyle Theory Trafficking in Persons and Deviant Place Theory Trafficking in Persons and Rational Choice Theory Trafficking in Persons and Anomie Theory Trafficking in Persons and Conflict Theory Trafficking in Persons and General Strain Theory Trafficking in Persons and Trauma Theory

Conclusion and Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 5 · Trafficking in Persons: Human Trade Chapter Objectives Introduction: Trafficking in Persons: The Organ Trade Commercializing Humans for Organ Removal

Trafficking in Persons and the Organ Trade: An Overview Organs Transplantation: A Medical Wonder? Or Designer of a New Branch of Trafficking? Who Are the Main Actors Involved in Organ Trafficking? Organ Trafficking: An Organized Crime? Who Are the Donors: Victims? Process: How Are the Donors/Victims Recruited?

Trafficking in Persons Protocol and Organ Trafficking The United Network for Organ Sharing (UNOS) and Organ Transplant Tourism Organ Trafficking: History Laws Prohibiting Organ Trafficking

The Trafficking in Persons Protocol and Removal of Organs The Optional Protocol to the Convention on the Rights of the Child Council of Europe (CoE) Convention: The Oviedo Convention

Issue of Consent or Coercion? Trafficking in Persons for Organ Removal and Organ Trafficking: Same or Different? International Guidelines for Human Cell, Tissue, and Organ Transplant Strategies for the Prevention and Control of Organ Trafficking and Trafficking in Persons

for Removal of Organs Address the Root Causes Reduce the Demand for Irregularly Procured Organs Raise Awareness Local and International Laws Coordination

Conclusion Challenges: Detection, Investigation, and Prosecution of Organ Trafficking Crime Indicators of Trafficking of Persons for Organ Removal Assistance to the Victims

Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 6 · Trafficking in Persons: Global Response to Human Trafficking Chapter Objectives Introduction: Human Trafficking

The Global Response to Trafficking in Persons Global Response International Campaigns

International Treaties, Conventions, and Protocols United Nations Conventions and Protocols Global Initiatives

United States’ Response to Human Trafficking Trafficking Victims Protection Act The Tier System Office to Monitor and Combat Trafficking in Persons Overview of Campaigns, Initiatives, and Programs Funded by the United States

Conclusion and Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 7 · Trafficking in Persons: The Criminal Justice Response to Trafficking Chapter Objectives Introduction: The Criminal Justice Response to Trafficking in Persons

The United States and Human Trafficking Legislation Challenges in Identification of Trafficking Victims Trainings/Strategies for Identification of Victims and Offenders Awareness and Educational Campaigns Task Forces Warning Signs of Trafficking and Plans

Arrest and Prosecution of Traffickers Conclusion Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 8 · Human Trafficking and Technology Chapter Objectives Introduction: Human Trafficking and Technology

Use of Technology by the Traffickers for the Proliferation of Trafficking Business Technology: Recruitment and Job Offers

Use of Technology for Combating Trafficking International and United States’ Efforts to Combat Human Trafficking Using Technology

Use of Technology for Providing Information and Support to Trafficking Victims Conclusion Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 9 · Protections for the Victims of Trafficking in Persons Chapter Objectives Introduction: Who Are the Victims?

Needs of the Victims of Human Trafficking Protections, Support, and after Care for the Victims of Human Trafficking

Trafficking in Persons Protocol: The Requirement for Victims’ Protection and Support The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

(General Assembly resolution 40/34, annex) Trafficking in Persons Protocol: The Requirement for the Provision of Physical, Psychological,

and Social Recovery of Victims Comprehensive, Coordinated, and Integrated Response: Support and Protection to the

Victims International and the United States’ Responses to the Victims and Survivors Federal Programs to Provide Support and Protection for the Victims

Department of Health and Human Services Community Programs and Resources for the Victims of Trafficking After Care for the Victims of Trafficking in Humans

Conclusion Chapter Review Discussion Questions References Further Suggested Readings Notes

Chapter 10 · Future Directions: Current State and Future of Trafficking in Persons Chapter Objectives

The Current State and Future of Trafficking in Persons Current State of Trafficking Uniform Definition Where Does It Happen? International as Well as Domestic Who Are the Victims of Trafficking in Persons? The Trafficking Process: How It Happens Estimates of Trafficking in Persons: Prevalence and Incidence Who Are the Traffickers? Effects of Human Trafficking and Needs of Victims Anti-Trafficking Efforts Future of Human Trafficking Discussion Questions References Further Suggested Readings Notes

Glossary and Acronyms

Index

Chapter 1

Understanding Trafficking in Persons

Chapter Objectives This chapter provides a comprehensive understanding of the following:

What is Human Trafficking? Trafficking in Persons: Global Crime Trafficking Case Involving US Citizens as Perpetrators Fact Check on Trafficking

Trafficking Victims are not Only Foreigners Trafficking is the not Same as Illegal Migration, Forced Migration or Smuggling All Victims of Trafficking Are not Poor Foreigners Persons Claiming to be Victims of Trafficking are not Employees Who Consented to be Employed in the Professions They are in—They are Victims Illegal Underground Industries are not the Only Industries Involved in Human Trafficking

Human Trafficking: Human Rights Violations The Cyrus Cylinder The Magna Carta Universal Declaration of Human Rights Human Trafficking Prosecution Unit Human Trafficking and the United States Criminal Code, Title 18, Chapter 77

Human Trafficking: Business Traditional Professions Such as Teaching and Medicine are also Part of the Trafficking Business Differences and Similarities: Human Trafficking and Slavery

Bondage Bonded Labor and Debt Bondage among Migrant Laborers Forced Labor Sex Trafficking

Introduction: What Is Human Trafficking? Human trafficking has been called by different names and synonymously used with terms such as

“slavery,” “modern slavery,” “illegal migration,” “smuggling,” “under-age prostitution of foreigners,” “facilitated irregular migration,” “sex-slavery,” “servitude,” and “child labor,” among other terms. Often these terms are used interchangeably, confounding the manner in which victims, perpetrators, and communities understand it. This understanding of the issue, in turn, affects how policy makers address human trafficking.

This chapter presents a detailed overview of human trafficking. It reviews various terms confused with human trafficking. It discusses differences and similarities between human trafficking, slavery, illegal immigration, and smuggling. Human trafficking is discussed as a process and in terms of a human rights violation. The chapter discusses the economics of human exploitation for the purposes of commercializing humans for labor, sex, organs, and other profit-producing practices. To facilitate understanding of what human trafficking is, this chapter provides examples of cases to analyze. The case analyses demonstrate the necessary elements that have to be present in a human trafficking case to distinguish it from other cases that may be very similar to human trafficking, such as “illegal migration,” “smuggling,” “under-age prostitution of foreigners,” “facilitated irregular migration,” “sex-slavery,” “servitude,” and “child labor.” Such an introduction provides a broader understanding of human trafficking.

Trafficking in Persons: Global Crime Trafficking in persons is a global crime—ubiquitous in nature—affecting nearly all countries in every

region of the world. It is a crime that ruthlessly exploits women, children, and men for numerous purposes including forced labor and sex. This global crime generates billions of dollars in profits for traffickers. The International Labor Organization estimates that 20.9 million people are victims of forced labor—in terms of sex and labor trafficking globally.1 This estimate also includes victims of human trafficking for labor and sexual exploitation. There are vast numbers of local, national and regional interpretations and responses to this crime, and an immense number of stake-holders involved in addressing it. According to the United Nations definition, human trafficking can be understood as a process by which people are recruited in their community and exploited by traffickers using deception and/or some form of coercion to lure and control them.2

“The exploitation of one human being by another is the basest crime. Still trafficking in persons remains all too common, with all too few consequences for the perpetrators …”3

Trafficking in persons is conceptualized, described, and understood differently in different contexts. It is only recently that there is some consensus on what human trafficking is and the term “Trafficking in Persons” has been recognized as a term on its own. The first-ever agreed upon definition of trafficking, now known as Protocol to Prevent, Suppress and Punish Trafficking in Persons, was incorporated in 2000, which supplemented the United Nations Convention against Transnational Organized Crime.4 The United Nations criminalized human trafficking under the protocols of Transnational Organized Crime in 2000 and adopted the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

On November 15, 2000, the United Nations General Assembly passed Resolution 55/25, adopting the Convention against Transnational Organized Crime and its supplemental protocols. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children—a protocol against Transnational Organized Crime—was adopted by the United Nations General Assembly in 2000 and entered into force on December 25, 2003. As of June 2015, it has been ratified by 167 parties.5

Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons:

as the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs (UNDOC.ORG, 2014).6

Trafficking in Persons Protocol (Article 3) provided uniformity in describing the phenomenon of trafficking in persons. It also provided elements that clearly distinguished it from other crimes that may look and sound similar, such as smuggling and illegal immigration, but are legally different. It provides a clear and consistent overview of elements that must be present to consider it a crime. It is not limited to crossing borders—it occurs both across and within the borders of a country. In addition to sexual exploitation, it covers a wide variety of exploitative purposes. Victims are not only women or adults but include children, women, and men. In some cases, it may involve organized crime groups and others it may be an individual, a small group, or a family operation. Article 5 of Trafficking in Persons Protocol recommends that the conduct set out in Article 3 be criminalized in domestic legislation. The Trafficking inhttp://undoc.org

Persons Protocol requires criminalization of:

Attempts to commit a trafficking offense Participation as an accomplice in such an offense Organizing or directing others to commit trafficking

According to this definition, the elements of human trafficking include act, means, and purpose. The “recruitment, transportation, transfer, harboring, or receipt of persons” refer to the act; the “threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits” refer to the means; and the activities “to achieve the consent of a person having control over another person, for the purpose of exploitation” refer to what finally facilitates accomplishment of the process of human trafficking. These various elements of human trafficking have been presented in Figure 1.

The three elements of human trafficking are act, means, and purpose. The act refers to the activities that are necessary elements of human trafficking. These include: recruitment, transportation, transfer, harboring, or receipt of persons. The means refer to the use of threats, force, coercion, fraud, deception, abuse of power, or any other means used to conduct the activities. To achieve the consent of a person having control over another person refers to the purpose, and the process refers to the methods used to carry out the human trafficking activities. These specifically refer to the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim. The purpose refers to the reasons for engaging in activities that are classified as human trafficking. The Protocol to Prevent, Suppress and Punish Trafficking in Persons identifies exploitation as the purpose—which includes forced prostitution, sexual exploitation, forced labor, slavery or similar practices, and the removal of organs.

Figure 1: The Elements of Human Trafficking

To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by Florida Statutes.

For example, according to the Florida Statutes 787.06, “human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States.”7 According to the Florida Statutes 787.06, “victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or

forced labor.”8

Trafficking Case Involving U.S. Citizens as Perpetrators

Below is an actual case of human trafficking—involving United States citizens and foreigners—that occurred on United States soil.

Box 1: Kil Soo Lee and the Case of the Samoan Sweatshop

Dissect the case to determine whether you can identify the elements and purpose of human trafficking in this case.

Case Analysis A careful analysis of this case demonstrates all the elements (act, means, and purpose) and the process of

human trafficking.

Mr. Lee building a factory on a remote island of American Samoa and recruiting more than 250 skilled garment workers from Vietnam and China, mostly vulnerable young women, by enticing them with promises of a steady job, refers to the “act.”

Mr. Lee demanding a down payment of $6,000 from each worker to guarantee a job in America and placing the employees on grueling schedules in horrid conditions and paying minimal to no wages, refers to the “means.” Mr. Lee threatening the employees with beatings, starvation, false arrests, sexual assaults, debt repayment schemes, deportation, and other tactics enforced by security guards in a gated compound refers to the “process.” Mr. Lee’s desire to use this location of the factory to use the “Made in America” label on his clothes but not draw attention to his operation, exploit the employees’ vulnerability to place them on grueling schedules in horrid conditions and deny remuneration, threaten with physical harm and deportation, etc. in order to make exorbitant profits refers to “purpose.”

We just analyzed a case to understand the definitional elements of human trafficking. Now let us dissect it a step further to fully understand the key features of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons.

A general perception of trafficking is in terms of sexual exploitation of young girls and women. Often trafficking is equated to sexual exploitation and prostitution. However, the definition of human trafficking provided in the Protocol to Prevent, Suppress and Punish Trafficking in Persons makes it abundantly clear that trafficking involves a wide variety of exploitative practices much beyond prostitution and sexual exploitation of young girls and women. It equally affects women, men, and young boys and girls. It is generally believed that trafficking involves traveling and transportation, especially crossing international borders. The definition of human trafficking provided in the Protocol to Prevent, Suppress and Punish Trafficking in Persons states that trafficking does not require any travel, let alone travel across international borders. Human beings can be trafficked within the same neighborhood and community, city, town, state, across the state and/or provincial lines and borders, as well as international borders. It is also a common perception that trafficking victims want to enter the criminal enterprise by crossing the borders and actually participate in the act voluntarily—implying that the victims willingly and knowingly enter the exploitative situations and have an opportunity to leave the situation as and when they decide. The definition clarifies that victims do not have control over their exploitation and have no opportunity to “consent” and, in fact, cannot give consent to trafficking. The definition specifies deception, coercion, force, and fraud as “means” of duping trafficking victims into agreeing to be placed in exploitative situations and as a matter of fact, the victims have no ability to consent.

According to the US Department of State,9 the United States is a destination country for thousands of men, women, and children trafficked from all areas of the world. These victims are trafficked for the purposes of sexual and labor exploitation. Many of these victims are lured from their homes with false promises of well-paying jobs, romance, and marriage. In many instances, young women and girls— desirous of a high standard of living, upscale lifestyle, expensive clothes, jewelry, and upward mobility eagerly search for opportunities that will take them to their desired end. They become easy targets for exploitation. Traffickers take advantage of their eagerness to leave their homes and start their glamorous— but often imaginary—lives. As soon as they arrive at their destinations, their identification documents are confiscated, they are isolated, and forced or coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor. For traffickers, it has become the most lucrative illicit form of business with very little investment. Victims often find themselves in a foreign country. They do not understand or speak the language. Traffickers often strip victims of their identities by taking away their travel and identity documents, telling them that if they attempt to escape, they themselves and/or their families back home will be harmed, and the victims’ families will assume their debt.10

Human Trafficking and Smuggling—

What Are the Differences? Generally, trafficking is used as an alternate term for smuggling and human trafficking is understood to

be the same as illegal migration, forced migration, or smuggling. This is an erroneous classification of human trafficking and smuggling. The definition of human trafficking provided in the Protocol to Prevent, Suppress and Punish Trafficking in Persons clarifies the difference between human trafficking and smuggling. This protocol defines trafficking differently from smuggling of migrants or illegal migration. According to this protocol, human trafficking focuses on exploitation of human beings’ mind and body through force, fraud, or coercion while smuggling focuses on profit only. In human trafficking, the person involved does not participate willingly. There is use of “force, fraud, or coercion” (actual, perceived, or implied), unless the individual is under 18 years of age and involved in commercial sex acts. In the case of smuggling, the person being smuggled is a willing participant and cooperates with the smuggler voluntarily, while in trafficking, victims are forced to cooperate or duped into cooperation. Persons who are trafficked are victims while the smuggled persons are complicit in the smuggling crime. They are not necessarily victims of the crime of smuggling (though they may become trafficking victims depending on the circumstances in which they were smuggled). Rather, they are perpetrators as they willingly violate international law by crossing international borders illegally.

While smuggling and illegal migration involve illegal and facilitated movement across an international border for profit and may involve deception and/or abusive treatment, the main objective of smuggling is to profit from the act of facilitating crossing the border (generally an international border) not the exploitation. The act of smuggling may eventually turn into the act of trafficking, but that generally is not the intended purpose of the initial act. Table 1 describes the similarities and differences between human trafficking and smuggling.Mobile User

Fact Check on Human Trafficking A general misperception is that trafficked persons are only foreign nationals. Only illegal and

undocumented immigrants from other countries (mainly poverty-stricken citizens of developing nations) end up as victims of human trafficking. The facts are very different from this perception. Both US citizens and foreign nationals (illegal or legal) can be and are found to be the victims of trafficking. Both are protected under the federal trafficking statutes since the TVPA of 2000. Human trafficking encompasses both transnational trafficking that involves crossing transnational borders and domestic or internal trafficking that occurs within a country without crossing any transnational borders.

Human Trafficking Victims are not Only Foreigners Contrary to the general belief, human trafficking can, but does not necessarily have to, involve some

form of travel, transportation, or movement across state or national borders. While it is true that sometimes victims are transported from other countries and that may involve crossing borders, trafficking victims do not necessarily have to be transported across borders. Trafficking can take place within the same city and state. When victims do not need to be transported from a different country and the act does not involve crossing of any international borders, the act is known as domestic human trafficking.

Table 1: Differences between Human Trafficking and SmugglingMobile User

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