human trafficking in the eu

8/14/2019 Human trafficking in the EU

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METROPOLITAN UNIVERSITY PRAGUE

International Relations and European Studies

Essay:

Human Trafficking and European Union

Words: 3504

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1. Introduction Human trafficking, or more accurately called Trafficking in Human Beings (henceforth

referred to as THB), has always been an inextricable unit of international organised crime. In the

current globalised world, it became the modern version of slavery. Thus, this essay will illustrate the

issues of THB and how the Schengen Area affects the organised crime; what measures does the

European Union take in order to tackle this issue. Movement of people has significantly increased

after the end of the Cold War and the collapse of the Soviet Block. Europe has changed since the

Cold War in liberal directions and we are experiencing inconceivable opportunities.

The ease with which we can travel across Europe with the freedom of movement is certainly

a delightful element of the globalisation process. However, everything has its dark side and this

particular one is a big concern for the European Union. The latter dramatically reduced the costs

and energy to transfer human beings as slaves across Europe. Thereby, this essay will be structured

in three parts; firstly, main attributes of THB need to be laid in order to grasp, how does human

trafficking work and what it is, who are the victims and the process as such.The definition of Forced

Labour needs to be introduced ant is categories. Furthermore, it will show the magnitude of theTHB and Forced Labour. Secondly, it will change the focus on the legislative aspect of combating

THB by the European Union and whether it is effective. Lastly, a study case of human trafficking

emphasising Romania as a source country will help us to unravel how does the Schengen Area

affect the organised crime and THB.

As for the relationship of THB, Forced Labour and Schengen Area, following hypotheses are being

introduced:

a) The presence of Trafficking in Human Beings and Forced Labour is highly interlinked

b) The EUs member states do not exhibit the implementation of the EUs policies on combating

and preventing Trafficking in Human Beings

c) Enlarging the Schengen Area created a favourable environment for increasing the profits from

THB and Forced Labour.

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2. Main Attributes of Human Trafficking and Forced Labour

This chapter will elaborate on the two compelling issues of H uman Trafficking and Forced

Labour. By describing the main attributes, forms of typology and the magnitudes of THB and

Forced Labour, we will be able to address our hypothesis. The intention of this chapter is not only

to describe the forms and magnitude of each criminal act, but to show the linkage of Human

Trafficking and Forced Labour.

Human trafficking has its long historical roots where the original term was slave trade. It

involves forced movement of women between state boundaries. The victims of trafficking are then

forced to work as prostitutes or in other sexual areas. Undeniably, trafficking in human beings isone of the most complex issues of violating human rights. According to the UN Office on Drugs

and Crime, every year, thousands of men, women and children fall into the hands of traffickers, in

their own countries and abroad. Every country in the world is affected by trafficking, whether as a

country of origin, transit or destination f or victims. 1 By using the estimates by the United Nations

of the amount of people trafficked and the profit coming from the criminal act, it is clear, why it is

so beneficial for the traders. For instance, in 1998, 4 million people were trafficked, where traders

profited around $7 billions of US dollars. 2

In Europe, the situation has escalated after the dissolution of the Soviet Block. Criminals

exploit the vulnerability of individuals, merely women, and treat them as a material article for the

purpose of financial profit. Hence, in this section we will cover briefly the current situation of THB

and its deficiencies adherent to the criminal activity in the European Union. We will describe who

are the victims and what are the contributing factors of human trafficking. It is important to realise

that it can be difficult to measure criminal activity and thereby there cannot be an accurate estimate

of the situation. Firstly, criminal activity can be hidden within other adherent elements of human

trafficking, such as illegal immigration or labour disputes. 3 Secondly, there is no standardised

system of data collection within the EU level. Hence, if there are no normalised guidance present,

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1 http://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html

2 Ishay, Micheline R. The Human RIghts Reader. (New York: Routledge, 2007), 378

3 Europol, TRAFFICKING IN HUMAN BEINGS IN THE EUROPEAN UNION: A EUROPOL PERSPECTIVE.2009, 2
http://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.htmlhttp://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.htmlhttp://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html


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the evaluation of the current situation in the European Union is based on partial figures. A recent

study about strategies against human trafficking has shown that:

In spite of some recent progress, there are relatively few reliable sources of

information available on the actual numbers of people trafficked. Better data

will lead to an improved understanding of the problem. 4

Member states lack the specific legislation measures dealing with THB and thus pre senting several

problems. Firstly, police investigations does not strictly distinguish the difference between

smuggling of migrants and human trafficking. Secondly, convictions of the criminal act is usually

based on the testimony of victims or witnesses which can hardly take place if the victims are likely

to be deported. 5

The intention of this chapter is not to present a method dealing with the array of hindrances

originating from the data shortage. Hence, to illustrate the extensive issue of THB, we will use the

numbers presented by the International Labour Organisation. Approximately, over 12 million

people are victims of forced labour; of these, over 9 million are exploited by private agents. 6

The European Union is facing a significant issue without a systemised data collection

framework. Undeniable, the development of the European Union - in the scope of greater freedom

in terms of economy and movement - is not helping to fight against human trafficking. Moreover,

the recent expa nsion of the EU from 15 to 27 states in 2004 and 2007 created an area offered by the

Schengen Convention where the exposure to the criminal activity has exponentially risen. Hence,

the relaxation of the frontier controls enabled criminals to expand their activity in other countries

and particularly for THB, it widened the potential destination countries. Before the Schengenarea, only very sophisticated criminal groups could operate on the cross-border level. 7

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4 Shanty, Frank. Organised Crime: From Trafficking to Terrorism . (California: Abc-Clio, 2007), 35

5 Human Trafficking: The Need for Better Data, Laczko, F, accessed 19 July 2012, http://www.migrationinformation.org/Feature/display.cfm?ID=66

6 A global alliance against forced labour., International Labour Organisation, http://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-i-b.pdf , 10

7 TRAFFICKING IN HUMAN BEINGS IN THE EUROPEAN UNION: A EUROPOL PERSPECTIVE
http://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-i-b.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-i-b.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-i-b.pdfhttp://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-i-b.pdfhttp://www.migrationinformation.org/Feature/display.cfm?ID=66http://www.migrationinformation.org/Feature/display.cfm?ID=66http://www.migrationinformation.org/Feature/display.cfm?ID=66http://www.migrationinformation.org/Feature/display.cfm?ID=66


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The European Union consists of states which are culturally and morally diverse. Western

countries share different values then the eastern. The reason for this juxtaposition is to illustrate

how cultural and geographical diversities affects criminal activity. The process of human trafficking

incorporates two fundamental elements; source and destination. With the expansion of the European

Union, the number of potential destinations has stayed at the same level, however, the number of

sources has notably increased. Eastern countries, such as Bulgaria and Romania have been the

foremost countries designating the source article of THB. Hence, Russian Federation, Moldova,

Ukraine, Bel arus, Turkey and the Western Balkans, being the key source countries, are facing less

obstacles during the criminal activity as the removal of border controls now limits them to cross

only 1 or 2 borders of an EU member state. Romania and Bulgaria have not been accepted to the

Schengen Area, as they were rejected due to the concerns about corruption and in the fight against

organised crime in September 2011 8. Nonetheless, not only that these two countries are the sources

of THB, they also function as a buffer zone for organised crime coming from Turkey and West

Balkans, and drifting further to Western Europe.

We have illustrated the situation of THB in the European Union and pointed out the

obstacles stemming from the development of the EU. In the next section, the actual factors will be

presented in order to understand the mainspring of this particular criminal activity.

Every criminal activity has its victims and culprits. As a result, the description of the victim

in the scope of human trafficking needs to be put forward. The description cannot be universally

applied, however, it stems from se veral factors. Victims are usually coming from countries which

do not have the economic stability and the level of education. Thus, these are the primary factors for

traffickers (henceforth referred as push factors). Traffickers target individuals who have economical

problems, who have only primary education or were a victim of an abusive family or personalrelationships. 9 They are further victimised by traffickers offering them better financial dispositions,

good working conditions and better social life. Nonetheless, these recruitment arguments do not

entail the most important part, and that is that the latter dispositions do not exist. Most of the

trafficked victims are women and children; the latter being the most vulnerable. The place of

residents of the victims are usually small towns or villages where the level of employment is

usually lower then in the big cities. Moreover, the merit of mentality of individuals is also on a

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8 Castle, Europe Denise 2 Nations Entry to Travel Zone



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different level and thus easing the recruitment strategies. Individuals may be so desperate that they

agree to migrate illegally and are willing to work abroad by contacting recruitment agencies.

Psychologically speaking, they are more risk taking. 10 Ethnic groups which are not integrated to the

general population are also on a high-risk level of a successful recruitment. Hence, for a lucid

description, we will list the significant factors:

Table 1: Push and Pull Factors 11

Push Factors

(Source Country)

high unemployment;

labour market not open to women and gender discrimination; lack of

opportunity to improve quality of life;

sexual or ethnic discrimination;

poverty;

escaping persecution, violence or abuse;

escaping human rights violations;

collapse of social infrastructure;

other environmental conditions including conict and war;

Pull Factors(Destination Country)

improved standard and quality of life;

better access to higher education;

less discrimination or abuse;

enforcement of minimum standards and individual rights; betteremployment opportunities;

demand for cheap labour;

demand for commercial sexual services;

higher salaries and better working conditions;

demand for workers within the sex industry and higher earnings;

established migrant communities/diasporas.

Like everything in criminal activity, human trafficking is motivated by profit. Criminals find

different possibilities to expand their profit and the Schengen Area does not make the criminal

expansion any harder.

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Yet, it is important to stress out the connection of THB and Forced Labour as they are

closely interlinked. Thereby, in this section we will describe the main attributes of Forced Labour

and means by which are the victims forced. Defined by the ILO (International Labour Organisation)

Convention No. 29 (1930) as all work or service which is exacted from any person under the

menace of any penalty and for which the said person has not offered himself voluntarily. 12

Besides the low wages and appalling working conditions, victims of Forced Labour are also a

subject to violation of basic human rights, moreover, slavery is also a used as a ce rtain form of

Forced Labour. Consequently, victims are targeted by psychological coercion by which means the

are forced to perform certain tasks which they do not accept. Targeting is very sophisticated and

chooses people which come from backgrounds with social problems and tend to be more vulnerable

to psychological pressure. Moreover, in practice, many victims are also a subject of fraud and

different forms of machinations where there is no other way than to accept the reality of forced

labour. The penalty of refusing the forced labour consist of physical violence or death threats

addressing family members. International organisations define 2 criteria; firstly, menace of penalty.

Secondly, involuntariness. 13

There are several forms of Forced Labour and we will present the three typological categories

created by the ILO:

1) Firstly, armed forces or states are the agents executing Forced Labour. Victims can be a subject to

rebel groups or military which force them to participate in public works or are forced in prison

labour.

2) Secondly, sexual exploitation targets vulnerable women, men and children who are forced into

prostitution or other forms of profitable sexual activities.

3) Thirdly, victims of Forced Labour are economically exploited. This covers areas of forced labour

such as industry or agriculture.

Sexual exploitation is the most common form Forced Labour in the European Union. 14 The sexual

market requires that there are always new women to satisfy the clientele, hence it increases the

motivation of traffickers. According to the UN:

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12

International Labour Organisation, The Forced Labour Convention13 Belser, Forced Labor and Human Trafficking: Estimating the Profits, 2

14 Ibid.


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Trafficking in human beings shall mean the recruitment, transportation, transfer, harbouring 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 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 other forms of sexual exploitation, forced labour or

services, slavery or practices similar to slavery, servitude or the removal of organs. 15

It is notable that sexual exploitation has moved from red light districts to urban rural areas. Victims

of sexual exploitation are usually forced into prostitution and pornography and involve the most

brutal form of commercial sex. Sexual trafficking, as any other types of Forced Labour, can be

structured into three basic elements which form the criminal act; The act, the means and the

purpose. 16

According to a study made by Belser of ILO estimates, the profit made from commercial

sexual exploitation is $33.9 billion US Dollars, where the half covers the profit realised from

industrialised economies, overlapping approximately $15.4 billion. 17 Furthermore, he replicates the

calculations based on the estimates by the ILO limiting the number of people who are being forced

in sexual exploitation as a result of Human Trafficking. The numbers are as following: Over $27.8

billion of global profit is made as mean of THB , where $13. 3 billion are the earnings from

industrial countries. Overall, there is an estimate that 1,695,500 people are forced into prostitution

and 1,357,082 are the victims of THB being forced to commercial sexual exploitation. If we limit

the numbers to industrialised countries, we get a number of 229,000 and 197,585. 18 From the total

number of people forced in prostitution, THB is taking a share of 86.2% as a tool for sexual

exploitation. This numbers are significant and hence, is answering our hypothesis, how closely are

Forced Labour and Human Trafficking interlinked.

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15 United Nations, Art. 3 lett. A of the Protocol to prevent, suppress and punish trafficking in persons, especiallywomen and children, supplementing the United Nations Convention against transnational organized crime

16

Human Trafficking, United Nations17 Ibid, 14

18 Ibid, 15


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3. European Unions Effectiveness in Combating THBEuropean Union is actively taking part in resolving the increasing issues of liberating the market

economy and enlarging the possibilities of free movement within the member states by taking

legislative and practical measures for preventing and fighting THB and Forced Labour. For

instance, in 2007, the Commission joined the ILO and launching the Delphi Methodology which

should help to reach a consensus on the indicators of human trafficking. 19 Moreover, Europol has

two instruments in fighting the organised crime; firstly, the Europol Information System and the

Analysis Work File. Most recently, the European Union has just released a Strategy towards the

Eradication of Trafficking in Human Beings 20. However, we do not have room in this essay to cover

all of legislative and practical measures preventing Trafficki ng in Human Beings and analyse and

evaluate them separately. Thereby, we will be primarily focusing on the argument that despite the

significant progress of the European Union, Caritas Europe points out, that the European Union is

still missing a more comprehensive approach to trafficking issues in order to follow human rights-

based approach. The strategy should fully address the issues of human trafficking for the purpose of

labour exploitation as well as of the social inclusion of trafficked people. 21 Moreover, The Council

of Europe has set up a monitoring mechanism composed of the Group of Experts on Action against

Trafficking in Human Beings (GRETA). It takes the evaluation reports of each country and analysisthe implementation of the Convention. Yet, according to a document published by the Commission,

the analysis of the implementation of legislation of the Member States indicate a serious gap

between the legislation in force and actual implementation. Figures concerning criminal

proceedings are still not high enough. In the field of victim assistance and protection, in particular, a

critical lack of effective implementation must be underlined. 22

Despite the fact that the European Union is taking several legislative and practical measures in

combating and preventing the THB, there is a significant gap between the relative action plan and

the its actual execution. However, it is very hard to evaluate, whether the measures have any impact

in preventing combating THB. Hence, our hypothesis that there is a cer tain lack of the policy

implementation within the member states is valid.

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19 Internatioanl Labour Office, Operational indicators of trafficking in human beings

20 An EU Strategy towards the eradication of trafficking in Human beings, European Commission

21 Caritas Europa, Press Release on Human Trafficking

22 EUR-LEX, Evaluation and monitoring of the implementation of the EU Plan on best practices,standards and procedures for combating and preventing trafficking in human beings


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4. Human Trafficking and RomaniaThe intention of this chapter is not the legislative factors of the European member states nor

the EU policy on fight against THB 23 . It is to illust rate the consequences of the freedom of

movement within the Schengen Area. Hence, we will discuss how has Romania emerged into the

top European trafficking market.

After the border restrictions had been lifted, Romania turned into an origin and transit

country for human trafficking due to its position between West Balkans and ex-Soviet Union. As we

have agued, sexual trafficking is one of the most common forms of tr afficking, incorporating

prostitution. Historically speaking, prostitution has always been a reality in the Romanian territories

since the Middle Age.24

However, lately the general trend has been against prostitution as a phenomeno n. The push factors are higher in Romania then any other member state in the European

Union; the level of education is lower and there is a lack of job opportunities. The influx of young

girls from Eastern Europe can be attributed to the lack of opportunities and the expansion of the EU

makes it easier for the traffickers to use the pull factors. The European Union tries to resolve the

Romanian issues by close cooperation., however, despite the fact that the legal and institutional

frameworks are adopted by Romania, the problem is deeply rooted in the economical and

geographical situation of the country. The country has become a destination that presents more

interest than in the past, due to its recent joining the EU. Between 1 January and 31 May 2007 60

groups of migrants (29 smugglers and 291 migrants) were discovered while trying to illegally cross

the border. 25 Besides the incorporation of legal measures fighting against human trafficking, the

lack of government and policy priorities allow the traffickers to flourish in Romania. Moreover,

according to NotForSale personal (organisation dealing with THB), traffickers use fake

identifications and bribe border personnel to bring victims into the country 26.

These examples presented in this chapters illustrated the challenges for the European Union. In

order to combat the Trafficking in Human Beings, there needs to be a thorough implementation of

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23 For the EU policy on the fight against Trafficking in Human Beings see: http://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&br eadCrumbReset=true

24

Di Nicola, Prostitution and Human Trafficking , 123.25 Ibid., 128.

26 Romania: A Source, Transit Site, and Destination for the People Trade, NotForSale
http://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=truehttp://ec.europa.eu/anti-trafficking/section.action?sectionId=847aa1b2-50c5-43a6-877b-e2baf0b23fc9&sectionType=TAG&page=1&breadCrumbReset=true


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the EUs measures, however, in a state, where corruption is a common problem 27 , implementing

and following the measures cannot be contemplated. Hence, our lat hypothesis has been answered.

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27 Corruption in Romania: Endless graft, V.P.


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5. Conclusion Trafficking in Human Beings has became a serious issue for the European Union,

particularly within the scope of sexual exploitation. The collapse of the Soviet Union and the

bipolar system dramatically shifted the way of thinking and brought new insights into every day

life. We can travel across the European Union without almost any border controls and have the

possibility to choose to work in practically any member state. However, the European Union deals

with diversity. One one hand, it may bring richness to our cultural and social understanding. On the

other hand, it shows how the way of thinking adhered to the cultural heritage various within the

member states. If one individual has the opportunity to travel and use the freedom, one can easilymisuse it. Hence, Schengen Area is a ambitious program which can bring many benefits for

ordinary people, however, with the geographical and cultural issues stemming from the case of

Romania, it may also function as a great tool for organised crime.

This essay has been structured in three parts where every part tried to answer a certain

hypothesis. Firstly, it has presented the definitions of Trafficking in Human Beings and Forced

Labour and illustrated the basic factors of the criminal act. It has shown the basic profile of the

victims and the strategies behind recruiting and exploiting the subjects. The approximate profits of

the organised crime has shown the disturbing magnitude. The correlation of THB and Forced

Labour has been proven to be very close. Thus, when tackling the issue of trafficking, it should

always count with the final exploitation. On the other hand, labour exploitation does not always

have to have the presence of trafficking. Secondly, the work has focused whether the European

Union is effective in combating THB and Forced Labour. It exhibited data and illustrated that there

is a significant gap between implementation of the measures and actual legislation, thus enabling

the organised crime to increase their profits. Thirdly, the focus has switched to actual case of

Romania and how does the Schengen enlargement affected the Trafficking in Human beings. The

European Union is continuously trying to combat the Trafficking in Human Beings, however,

without the close cooperation of source countries, the cycle will be indefinite.

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ps/public/@ed_norm/@declaration/documents/publication/wcms_105023.pdfhttp://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_105023.pdfhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://ec.europa.eu/competition/mergers/overview_en.htmlhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0657:FIN:EN:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0657:FIN:EN:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0657:FIN:EN:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0657:FIN:EN:PDFhttp://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/12/455&http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/12/455&http://ec.europa.eu/dgs/home-affairs/CaritasEuropa%20-%20Press%20release%20on%20Human%20Trafficking.pdfhttp://ec.europa.eu/dgs/home-affairs/CaritasEuropa%20-%20Press%20release%20on%20Human%20Trafficking.pdfhttp://ec.europa.eu/dgs/home-affairs/CaritasEuropa%20-%20Press%20release%20on%20Human%20Trafficking.pdfhttp://ec.europa.eu/dgs/home-affairs/CaritasEuropa%20-%20Press%20release%20on%20Human%20Trafficking.pdfhttp://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1016&context=forcedlaborhttp://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1016&context=forcedlaborhttp://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1016&context=forcedlaborhttp://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1016&context=forcedlabor


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human trafficking in the eu

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