TRAFFICKING OF PERSONS IN BELIZE - OAS
TRAFFICKING OF PERSONS IN BELIZE - OAS
TRAFFICKING OF PERSONS IN BELIZE - OAS
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It is necessary to make a conceptual distinction between smuggling and<br />
trafficking. Distinction that has taken a long time to establish. Both crimes have<br />
elements in common, similar causes and even a same context. However,<br />
nowadays there is a consensus that both differ. Since the Palermo Protocol, this<br />
distinction has allowed to elaborate specific programs to combat each matter.<br />
Smuggling is a crime or violation of the migratory law that entails facilitating<br />
irregular migration. Well built organizations or one single person offer this<br />
“service”, not only by overlooking the migratory law, but also committing other<br />
crimes such as document falsification, in order to cross the border. In this case<br />
there is no violation of the migrants’ human rights. In this scenario, the migrants<br />
willingly decide and get involved in the irregular entrance to the destination<br />
country. In this case, at least for the definition instance, it does not matter what<br />
they are going to do as a job and which is their socio economic situation. The<br />
smuggler provides the means to make sure the migrant jump over a border that,<br />
following the legal procedures, would be impossible to cross.<br />
On the other hand, trafficking is a serious crime, it is a violation of human rights,<br />
based on coercion not on will. The migrant doesn’t decide to leave his or her<br />
country and cross a border, illegally if necessary. Or if he does so, he has never<br />
thought in the final situation the trafficker is going to involve him. Trafficking<br />
includes deception, force, violence and abuse in order to obtain sexual or<br />
economic profits.<br />
There are, of course, situations that can’t be characterized as pure trafficking or<br />
smuggling, but are positioned right in the middle of both crimes. At times the<br />
distinction is blurred. Smugglers can, at any moment, turn violent and abuse<br />
migrant and even with the use of violence in any of its forms transform the<br />
situation into a case of trafficking.<br />
During the eighties, after a long time of waiting to be considered in international<br />
forums, the world community at last decided to include this issue in the day to<br />
day agenda. For instance, the United Nations Convention against Organized<br />
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