What is the difference between human smuggling and human trafficking?

At a time when, unfortunately, there is still a lot of talk about human trafficking and smuggling, the two terms are often confused: these concepts are used as if we were talking about the same reality, but they are not: what is the difference between human trafficking and smuggling?

They are two different concepts, but at the same time they are interrelated due, in large part, to the vulnerability of migrants. In this article we want to clarify all the differences and also explain the similarities.

What are human trafficking and smuggling?

First, we will briefly describe each concept in order to analyze the most important aspects to take into account in order to differentiate them.

Smuggling of migrants consists of “the facilitation of the illegal entry of a person into a State of which that person is not a national or permanent resident in order to obtain, directly or indirectly, a financial or other material benefit.”

On the other hand, human trafficking (according to the UN Palermo Protocol to prevent, combat and punish trafficking) means “the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of power or a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person who has control over another person, for the purpose of exploitation. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, practices similar to slavery, servitude or the removal of human organs.” That is, human trafficking requires an action (recruitment, transfer, etc.), a means (deception, threat, violence, etc.) and an end (exploitation).

Below, we explain the most important aspects to take into account to differentiate the two terms according to UNODC, the United Nations Office on Drugs and Crime:

The Consent

When you talk about human smuggling, there IS consent from the victim, even if the conditions of the journey are often inhumane (trucks, boats, etc.). In many cases, migrants are forced to leave their homes because of war, poverty, violence or climate change; but it is considered that they do give their consent to human smuggliers before embarking on the journey.

On the other hand, in human trafficking, there is NO consent or, if there is, it is considered invalid, since it has been obtained through violence, deception or abuse of power.

Transnationality

In human trafficking, transnationality is necessary. This crime always involves crossing international borders and the victim enters a country irregularly.

In the case of human trafficking, this transnationality is NOT necessary. Victims can be displaced within the same country and, even if there is a border crossing, they have not necessarily crossed it irregularly.

However, due to the vulnerability of migrants, there are many cases in which the trafficker and the smuggler are the same person.

Exploitation

Exploitation is NOT necessary in the illegal trafficking of migrants. The goal is to reach the destination and once there the crime ends.

However, in human trafficking there IS exploitation. In fact, the crime of trafficking is defined by its purpose being the exploitation of the victim. Once the victim reaches their destination, they are not free, but are exploited by the trafficker.

The legal framework

The case of human trafficking is a crime that violates the State and immigration laws.

However, in human trafficking, people are violated and, therefore, it is a much more serious crime. Trafficking is a violation of human rights and directly violates human dignity.

Common elements between human trafficking and smuggling

We have already explained the difference between human trafficking and smuggling, but in the case of similarities, one of the most common aspects between both crimes is the extreme vulnerability of the victims. Very often these people coincide on the same migration routes and the conditions of the journeys of both are equally dangerous. In both cases, the life and integrity of the people being trafficked are put at risk.

Another similar aspect is that both crimes are usually perpetrated by organized groups and, in many cases, the traffickers and the dealers end up being the same. Smuggling can lead to trafficking and we cannot forget that trafficking is a phenomenon that takes advantage of the legitimate desire to migrate of a person who is in a vulnerable situation.

Why is it important to distinguish between smuggling and human trafficking of people?

It is very important to distinguish between both crimes, and to know the difference between smuggling and human trafficking because they require different legal measures and responses. It is important that states can correctly identify victims of trafficking so that they can have access to assistance, as well as protection and support measures for their physical and mental health.

But, in addition, it is important that both crimes are addressed from a human rights perspective and not just as an immigration issue. Many of the victims of smuggling of people suffer violence, abuse or rape and the vast majority of these cases are never reported.

The work of Mumbai Smiles

At Mumbai Smiles we work to eradicate human trafficking through prevention, intervention and rehabilitation. Prevention is especially important for us, as it is necessary not only to raise awareness about the risks of trafficking, but also to ensure that people from the most vulnerable communities are not forced to migrate and leave their homes and become victims of trafficking mafias.