5. Irregular migration

2016 ◽  
Author(s):  
Khalid Koser
Keyword(s):  
Human Trafficking ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
Migrant Smuggling ◽  
Women And Children ◽  
Legal Restrictions ◽  
Host Nation

‘Irregular migration’ explores migration outside of established legal means. There are many ways for a migrant to be classed as irregular, but their motivations for leaving are the same as other migrants. Irregular migration is often seen as a threat to host nation sovereignty and, as a result, migrants are often subjected to stereotyping and xenophobia. Migrants—particularly women and children—face great hazards in simply entering the country. A multi-billion dollar industry has developed around the desire of people to move despite legal restrictions, in the form of human trafficking and migrant smuggling. These phenomena occur in all regions, and incur massive costs—and dangers—to irregular migrants.

Chronicle of a Crisis Foretold: The Politics of Irregular Migration, Human Trafficking and People Smuggling in the UK

2005 ◽  
Vol 7 (3) ◽  
pp. 324-339 ◽  
Author(s):  
Andrew Geddes
Keyword(s):  
Human Trafficking ◽  
Irregular Migration ◽  
Limited Effect ◽  
Irregular Migrants ◽  
Bilateral Relations ◽  
Human Rights Regime ◽  
Political Contention ◽  
Migration Flows ◽  
The Uk ◽  
The Impact

This article argues that a distinct repertoire of social and political contention associated with migration and the presence of immigrants in the UK plays a large part in structuring responses to ostensibly ‘new’ migration challenges such as people smuggling and human trafficking. This repertoire includes the elision and confusion of migration categories (particularly in this instance between irregular migration and asylum); the impact of state policies on the creation of ‘unwanted’ migration flows; fears of floods and invasions by ‘unwanted’ migrants; concerns that the state is losing control of migration; the depiction of migration and migrants as causes of increased support for the extreme right; the existence of labour market pull factors that provide economic spaces for both regular and irregular migrants; the symbolic power but limited effect of an international human rights regime and discourse; and problems of policy implementation. The contemporary twist is provided by the links made between irregular migration and the ‘war on terror’ and the ways in which migration has become a component of bilateral relations between the UK and other states, particularly those structured by EU competencies.

scholarly journals EU policy on irregular migration: the impact of the refugee crisis 2014-2015

2017 ◽  
pp. 8-17
Author(s):  
N. N. Bolshova
Keyword(s):  
Refugee Crisis ◽  
Irregular Migration ◽  
Migration Routes ◽  
Eu Policy ◽  
Irregular Migrants ◽  
Migrant Smuggling ◽  
Migration Crisis ◽  
Mediterranean Migration ◽  
The Impact ◽  
The Eu

The paper reviews the current EU policy on irregular migration under the influence of refugee crisis. This crisis urged the EU to streamline and consolidate all the available legal, political and administrative tools to reach the synergy effect in the management of immigration flows into the EU. However the main weakness of the EU approach appears to be the dependence on the opportunities and interests of the third countries (of origin and transit of irregular migrants) to cooperate effectively with the EU institutions and Member-states in such key spheres as fight against migrant smuggling, security of external borders, implementation of readmission agreements, asylum policy. The author evaluates the state of progress on the main Mediterranean migration routes since the beginning of the migration crisis in 2014, analyses some recent EU initiatives, particularly the EU NAVFOR MED Operation Sophia and the new Partnership Framework with third countries under the European Agenda on Migration. In conclusion, the author attempts to assess the effects of these actions.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

scholarly journals Using Global Migration Law to Prevent Human Trafficking

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Global Migration ◽  
Women And Children ◽  
International Laws ◽  
Migration Law

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.

What’s in a Name?

2015 ◽  
Vol 4 (1) ◽  
pp. 1-32
Author(s):  
Marika McAdam
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Migrant Smuggling

This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

scholarly journals ENFORCING JURISDICTION AGAINST VESSELS SUSPECTED OF MIGRANT SMUGGLING AND HUMAN TRAFFICKING

2018 ◽  
Vol 20 (8) ◽  
pp. 19
Author(s):  
Fernando Alfaro Martínez
Keyword(s):  
Human Rights ◽  
South America ◽  
Human Trafficking ◽  
Humanitarian Crisis ◽  
Military Operation ◽  
Migrant Smuggling ◽  
The Future ◽  
The Eu

Analysis of the results of EUNAVFOR MED Operation Sophia since the beginning of its activities in June 2015, aiming to assert the level of achievement of its goals and conclude whether the establishment of a military operation was the best option to tackle a humanitarian crisis, as well as what have been the outcomes of the Operation for migrant mobility and for the actors involved, in particular, to the European solidarity system. The overview of the data presented by EUNAVFOR MED Operation Sophia helps to draw considerations for the future of the EU when dealing with future similar crises, not only affecting Europe, but in any country taking in consideration the migratory exodus happening, for example in South America these days, and that may be extended internationally. Is in this cases, where people flee from their origin countries seeking for shelter, when we must be aware of the necessary guarantee of Human Rights.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

Human Rights of Irregular Migrants in the European Union

2021 ◽  
Author(s):  
Annalisa Morticelli
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Interesting Aspect ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
Critical Issues ◽  
The Subject ◽  
Difficult Issue

The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.

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