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migrate in the fi rst place, 360 the recent impetus for trans-border traffi cking, as well as smuggling or other clandestine forms of labour recruitment, is connected to imbalances between the increasing supply of unskilled, indigent jobseekers on the one hand and the 360 The case of child migrants is an example of how very often migrant groups may be considered victims of traffi cking even when they are not necessarily so – sort of the opposite from when very often traffi cking victims are not discovered and simply considered irregular migrants and thus not offered protection. Both situations shows exactly how diffi cult it may be to determine whether a case is traffi cking or not and also how detriment it can be to groups of people and individuals if they are automatically categorised as one or the other. People, including children, migrate for many reasons: to fi nd work; to improve their personal situations; or to explore the world and new places. Despite the fact that research suggests that children are very much involved with these diverse migration processes, policymakers have paid little attention to broad questions about the factors prompting children to migrate, their experience as migrants, the effects of immigration policies on children, or the consequences of adult migration for children who are left at home. National and international focus has instead been on certain phenomena such as child traffi cking and asylum-seeking and refugee children. Migration has been until recently discussed mainly in terms of adult, male movement. Women and children have been viewed as migrating only as dependents, as following their male relatives. This has led child migrants to be considered as passive, vulnerable and necessarily exploited within the migration process. Obviously children can be passive, vulnerable or exploited, but they are not necessarily so. Viewing child migrants exclusively in this way ignores the fact that some children do make a decision to migrate, and do so in much the same way as adults do. Assuming that children can only ever be forced or colluded into migrating is a falsehood that overlooks the reality of many children’s lives. Further having this view may actually push children into the exploitive situation they should be protected from when they fi nd no alternative, which respect their migration plan. Generally, the ability to migrate or travel legally without an adult is quite limited for children, especially internationally. This means that children are more likely to travel irregularly and actually risk exploitation or abuse. Research into independent child migration suggests that it is usually older children who are involved in this phenomenon; that child migration is usually at it’s highest in regions where adult migration is also high; that independent child migration can be, and often is, a positive decision taken by the child with the aim of improving their life opportunities; and that child migrants, like adults, rely on their social and fi nancial resource networks when migrating. International child protection campaigns are exceedingly important in visibilising the harmful situations of many child migrants and they have also been very important in raising awareness of the extent to which children in the developing world are living away from their parents and home communities. However, as they bring some children into focus, they also in-visibilise child migrants who do not fall into these categories and make it diffi cult to estimate how many other children are moving and for what reasons. A central motivation for children to migrate that is generally underplayed is their need or desire for income. There are a number of reasons why children have such need. Many come from rural economies in which children start earning their own independent incomes quite early, as well as making a contribution to family income. Children may be encouraged to earn income for aspects of their own consumption, such as clothes, or school fees. Children may also perceive a need to generate savings that can improve their livelihoods or prospects. This does not mean, however, that the dangers especially independent migrant children face are irrelevant. There are inherent insecurities, risks and dangers attached to the process of migration itself, to which children are especially vulnerable. Adult migrants—particularly those who are poor, inexperienced, or undocumented—and even more so child migrants, are targets for violence, theft, and exploitation. In many situations they will not even be able to avail themselves of the assistance from local authorities. A child migrant may also be the subject of adult decision making by members of her family or others which not only places her or him in the complexities of the immigration system but which also exposes her or him to such signifi cant harm which in any other context would trigger powerful child protection mechanisms. See Touzenis, K.: Migrant Children’s Human Rights. IOM International Migration Law Series N 15. IOM 2008. 131
availability of legal and sustainable work in places where the jobseekers have legal rights to residence or citizenship on the other. 361 As such, therefore, to attempt to stop the fl ow of traffi cked people with tighter border controls and more restrictive policies is, wholly counterproductive. One positive step that states could therefore take to combat the illicit fl ow of people would be to allow for regulated movements of labour migration. A promotion of ‘circular migration’ to fi ll labour gaps and provide opportunities for willing migrants could be important. The promotion of regular and managed migration based on demand, including the need for unskilled labour’ is essential and, as such, ‘traffi cking would not occur with a well-managed migration policy where migrant workers do not have to resort to illegal methods of seeking employment. 362 While national borders may have become increasingly open to trans-national fl ows of goods and money, governments have increasing and forcefully asserted their sovereign right to control the movement across borders. In recent years such stepped-up border control efforts have very often been described as anti-traffi cking measures. National immigration control efforts have been accompanied by a range of bilateral and regional agreements designed to enhance migration management in which countries of origin often accept returnees in exchange for fi nancial aid and other assistance. But these efforts do not prevent all undocumented migration; in fact an increased fl ow of irregular migrants is an inevitable result of restrictive immigration policies in the context of a constant migration pressure. Europe saw an increase in irregular fl ows in the 1990s at a time of dramatic increase in migration fl ows. 363 The European Union and many destination countries in general put the emphasis on preventing irregular migration and fi ghting asylum abuse. Concentration of border controls, deterrence and immediate repatriation is often the beginning of a vicious circle. Studies confi rm that up to 50% of those immediately deported are reintroduced into the criminal circle or recycled. Instead of realising that such measures are short sighted it is maintained that they are effective means of selfprotection serving the interests of state security. But it has also been established that not even 30% of traffi cked persons are discovered because they are prevented from seeking help from fear of deportation and of being caught in the machinery of law and order in a foreign country. 364 It is true that the movement of people, voluntarily or forced, presents multiple aspects, implications and dilemmas for states. Prior to 9/11 the discussion on migrants focused on issues such as adjusting the number to labour market requirements, the integration 361 Howard, N. and Lalani, M.: “Editorial Introduction: The Politics of Human Traffi cking”. St. Anthony’s International Review. Oxford 4:1 (2008). p. 12. 362 Ibid. 363 Dinan, K.A.: Globalization and national sovereignty: From Migration to traffi cking, in Cameron, S. and Newman, M (Eds.): Traffi cking in Human Beings – social, cultural and political dimensions, p. 68. 364 Konrad, H.: the Fight against Traffi cking in Human Beings from the European Perspective, in Cameron, S. and Newman, E. (Eds.): Traffi cking in Human – social, cultural and political dimensions, p. 162. 132
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United Nations Educational, Scienti
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UNESCO migration studies 3 Series e
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Human Rights Law 66 Development of
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Note on Author Kristina Touzenis ha
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countries with economies in transit
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nonetheless these instruments mark
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The legal aspect of traffi cking is
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enhanced knowledge of the phenomeno
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Broadly speaking, poverty, unemploy
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Considering the complexity of the p
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The perhaps most innovative report
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THE WAY FORWARD IN POSSIBLE RESEARC
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and considers the consent of the
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35 Organizing or directing others t
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TRAFFICKING AND SMUGGLING - AN IMPO
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often be diffi cult for law enforce
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group argued that ’traffi cking
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ecruitments agency’s responsibili
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workers to authorities if they refu
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The Travaux Préparatories, in para
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Forced labour Bonded labour and deb
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ILO Declaration on Fundamental Prin
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and servitude clarifi es that while
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sex industry is frequently illegal
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idea that traffi cking for forced p
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labour exploitation and services ar
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Criminal Law Traffi cking and smugg
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treatment. 131 In A v. United Kingd
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circumstances, including offences i
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supply and demand in the traffi cki
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from a traffi cking ordeal is compa
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Common criminal off ences Traffi ck
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The gravity of traffi cking is perh
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Human Rights Law It has widely been
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makes the obvious evident - the Pro
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Members of the Human Rights Caucus,
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3) examining the possibilities of g
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particular about their legal rights
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support person and interpreter, are
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Interaction with the TOC in witness
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Page 91 and 92: OTHER RELEVANT HUMAN RIGHTS INSTRUM
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Page 95 and 96: PREVENTION - A HOLISTIC APPROACH Ad
Page 97 and 98: Studies have revealed how, througho
Page 99 and 100: Traffi cking in persons is - like a
Page 101 and 102: It thus results that any effective
Page 103 and 104: epresent confusion or disagreement.
Page 105 and 106: ealisation of the right to food. 28
Page 107 and 108: y state agents, (the duty on the St
Page 109 and 110: must also be sensitized to the para
Page 111 and 112: One of the three purposes of the Tr
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Page 115 and 116: victims compensation fund. Traffi c
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Page 123 and 124: of human rights and may even in som
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Page 131: measures. The question of whether o
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Page 137 and 138: Current Trends in Traffi cking The
Page 139 and 140: There is still a lack of quantitati
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Page 145 and 146: In the construction sector: Exploit
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Page 157 and 158: Hence, migration departments and la
Page 159 and 160: The Recommended Principles and Guid
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Page 165 and 166: To sign and ratify the Protocol to
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Page 169 and 170: Fekete, L.: Canary Island Tragedy:
Page 171 and 172: Piotrowicz, R.: Trafficking of Huma
Page 173 and 174: UNODC: Global Patterns in Human Tra
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