NCJ Number
199233
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 26 Issue: 2 Dated: Fall 2002 Pages: 257-275
Date Published
2002
Length
19 pages
Annotation
This article discusses the smuggling and trafficking of persons, and organized crime as defined by the United Nations Convention against Transnational Organized Crime.
Abstract
The definition of an organized criminal group is a structured group aimed at committing one or more offenses in order to obtain directly or indirectly financial or material benefit. Smuggling is defined as the procurement of the illegal entry of a person into a State Party of which the person is not a national or permanent resident in order to obtain financial or other material benefit directly or indirectly. Trafficking is the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force for the purpose of exploitation. Many countries lack adequate legislation to punish trafficking in human beings. Other offenses, such as forced prostitution, abandonment, slavery or child labor violations, linked to trafficking may be punished. Many of these provisions are in the countries’ penal, civil, administrative, or labor codes. Government officials dealing with trafficking seem not to have a clear understanding of the difference between trafficking and smuggling. This lack of recognition of the problem makes it difficult to conduct research on victims and to gather evidence to build cases for arrest and prosecution. Many trafficking victims, seen as illegal migrants, are arrested on violation of immigration or prostitution laws and are deported. This practice punishes the victims and may even put them at further risk of physical harm. It also hinders police and prosecutors from conducting investigations that may lead to arrests and convictions. It is recommended that countries adopt laws prohibiting and punishing trafficking. Punishment must be commensurate with the crime. Laws must make provisions for victim prevention and protection. Awareness-raising campaigns must be aimed at high-risk groups. Government officials must be sensitized to the problem and must begin viewing trafficked persons as victims. 1 diagram, 13 notes, 26 references