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5. Operational definitions5.OPERATIONAL DEFINITIONSNS5.1 T5.1 THE DIFFERENCE BETWEEN TRAFFICKING AND SMUGGLINGThe process by which the international community has come to give legal definitionof trafficking of human beings (for the purpose of exploitation) and of smuggling ofmigrants or alien smuggling has been slow.The need for definitions which distinguish between these two phenomena hasarisen for reasons connected with the practices of law enforcement authorities,criminological and victimological concerns, and public policy considerations: 6- At the level of domestic jurisdiction over investigations, the two illicit activitieshave been often been allocated to different authorities; 7- The criminal groups involved in one or the other activity differ, are independentfrom each other, and use different methods;- The victims of trafficking for the purpose of exploitation are different fromthose of smuggling in both their characteristics and the relationships that bindthem to the criminals;- Trafficking and smuggling have assumed different political significances overtime. Whilst illicit immigration has always been a national and internationalpriority in that it is a problem concerning security and public policy, traffickingfor the purpose of exploitation has only latterly come to the attention ofgovernments and other international bodies.During the 1990s this distinction consolidated in practice until it was formalised incertain legal instruments and then given definitive formulation by the two6 On these aspects see: F. Pastore, "L'azione internazionale per la lotta al traffico di persone: tendenze eproblemi" [International Action to Combat the Trafficking of Persons: Tendencies and Problems], in F.Pastore (ed.), L'Italia nel sistema internazionale del traffico di persone. Risultanze investigative, ipotesiinterpretative, strategie di risposta [Italy in the International System of the Trafficking in Persons.Investigative Results, Interpretative Hypotheses, Strategies for Reaction], Centro Studi di PoliticaInternazionale (Cespi), Commissione per le politiche di integrazione, Dipartimento per gli Affari Sociali, in"Working Paper", no. 5, Rome, 2000; T. De Zulueta, Relazione sul traffico di esseri umani [Report on theTrafficking of Human Beings], Commissione Parlamentare d'inchiesta sul fenomeno della mafia e delle altreassociazioni criminali similari, XIII legislatura, Doc. XXIII n. 49, approved by the Commission on December5th, 2000, p. 7, available at the internet websitehttp://www.camera.it/_dati/leg13/lavori/doc/xxiii/049/d010.htm; Comitato parlamentare di controllosull’attuazione ed il funzionamento della Convenzione di applicazione dell’Accordo di Schengen e divigilanza sull’attività dell’unità nazionale Europol, Documento conclusivo dell’indagine conoscitiva sullatratta degli esseri umani [Final Document of the Inquiry into Trafficking in Human Beings], Rome, February7th, 2001.7 For instance, in Italy the Direzione Centrale della Polizia Criminale at the Dipartimento di PubblicaSicurezza of the Ministry of Interior has competence for cases of trafficking, whilst the Servizio Stranieriwithin the same department has competence for smuggling.31
5. Operational definitionsSupplementing Protocols of the United Nations Convention against TransnationalOrganised Crime, 8 2000. 9The first Protocol, Protocol to Prevent, Suppress and Punish Trafficking in Persons,Especially Women and Children, supplementing the United Nations Conventionagainst Transnational Organized Crime, deals with trafficking for the purpose ofexploitation, whilst the second, Protocol against the Smuggling of Migrants byLand, Air and Sea, supplementing the United Nations Convention againstTransnational Organized Crime, deals with the smuggling of migrants.These Protocols have been designed to fill a gap in international regulation andpromote, amongst other things, harmonisation of the criminal laws of the signatorystates against trafficking for the purpose of exploitation and the smuggling ofmigrants.The following sections examine the definitions of trafficking of human being for thepurpose of exploitation and the smuggling of migrants contained in the Protocols.It should be pointed out that these definitions have been fundamental for thisresearch project, because at the time when it was drafted Italian law did not include8 The Convention and the supplementing Protocols were adopted by the ad hoc drafting Committee on 28October 2000, subsequently approved by the General Assembly of the United Nations in New York, andopened to signatures at the International Conference held in Palermo between 12 and 16 December 2000.The Convention came into force on 29 September 2003 on the ninetieth day from the fortieth ratification(article 38 of the Convention). The Trafficking Protocol came into force on 25 December 2003. As of March2004, this Protocol has been signed by 117 countries and ratified by 47. The Smuggling Protocol came intoforce on 28 January 2004. As of March 2004, it has been signed by 112 states and ratified by 42. Forupdates on signatures and ratifications of the legal instruments mentioned above, see the UN Office onDrugs and Crime, Signatories to the UN Convention against Transnational Crime and its Protocols, availableat http://www.unodc.org/unodc/crime_cicp_signatures.html.9 The need to counteract the two phenomena internationally had already been evinced by the adoption of anumber of conventions, which however proved unable to combat the phenomenon effectively. There followsa brief historical excursus on the subject. The phenomenon first came to the attention of the internationalcommunity in the form of the so-called ‘white slave trade’, which led to the adoption of the May 1910 ParisConvention on the Trafficking and Exploitation of the Prostitution of Women and Children, which wasconcerned with not only trafficking but also slavery and prostitution. In 1926 the League of Nationsapproved the Slavery Convention, which provided a first definition of slavery as the exercise of a propertyright on a person treated as an object. Subsequently, the concept of slavery has been enlarged andintegrated by the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutionsand Practices Similar to Slavery, which defined slavery, servitude and slave trafficking. The importance ofthis Supplementary Convention, which was signed by the Member States of the United Nations in 1956, isthat it extended the concept of slavery to encompass similar practices, so that included within the scope ofthe Convention were all possible forms of slavery, both ancient and modern. In 1948 the UniversalDeclaration of Human Rights affirmed the universality of rights to freedom, equality and dignity, whileabolishing all forms of slavery or servitude as violations of these universal rights. The 1948 declaration wasfollowed the New York Convention for the Suppression of the Traffic in Persons and of the Exploitation ofthe Prostitution of Others, signed in 1949. From this Convention ensued the so-called “abolitionist theory”that inspired numerous laws on prostitution, including the Italian law (the so-called Merlin Statute). Thegoal of the Convention was to plan the action of states in pursuit of a common strategy to combattrafficking. The expression “traffic in persons” was used for the first time, though in connection withprostitution, of which it was considered to be the prior circumstance. The Convention, notwithstanding itsinnovative formulation in defence of the rights of the person, because it criminalised the trafficking andexploitation of women but not prostitution as a life choice, was not ratified by some countries (such asSweden and the Netherlands), because of their different opinions on how to address the phenomenon ofprostitution. Overall, the Convention has not significantly affected the fight against the trafficking ofhumans; see M.P. Svevo (ed.) La tratta delle donne tra violazione dei diritti umani e schiavitù nei documentiinternazionali ed europei [The Trafficking in Women between Violations of Human Rights and Slavery inInternational and European Documents], Associazione Lule, Milan, 2000.32
Page 2 and 3: TRAFFICKING IN PERSONS ANDSMUGGLING
Page 4 and 5: Table of contentsTABLE OF CONTENTS1
Page 6 and 7: Table of contents10.4 Assistance an
Page 8: Table of contents13.1.5 Atypical in
Page 11 and 12: 1. Acknowledgementsthe interviews w
Page 14 and 15: 2. Executive summary2.EXECUTIVE SUM
Page 16 and 17: 2. Executive summaryDuring phase V,
Page 18 and 19: 2. Executive summaryAs regards the
Page 20 and 21: 2. Executive summaryIncidente proba
Page 22 and 23: 2. Executive summary- Establish the
Page 24: 2. Executive summaryUpdate to the r
Page 27 and 28: 3. IntroductionThe need for reliabl
Page 29 and 30: 3. Introductionpersons and on the s
Page 31 and 32: 4. Goal, objectives and phases of t
Page 36 and 37: 5. Operational definitionsany provi
Page 38 and 39: 5. Operational definitions5.3 T5.3
Page 40 and 41: 6. The United Nations Convention ag
Page 50 and 51: 7. The European Union regulations7.
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9. Trafficking and smuggling in Ita
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9. Trafficking and smuggling in Ita
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10. Italian legislation and judicia
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11. A map of the phenomenon in Ital
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12. The results of the interviews c
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14. Conclusions14.CONCLUSIONSThis r
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14. Conclusionswithin forty-eight h
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14. Conclusions- Increase European
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14. Conclusions- Provide social sup
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ANNEXASURVEY ON CASES OF PEOPLETRAF
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Annex AData related to the case:Cas
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Annex AQuantity and nationality of
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Annex ANumber of persons for whom o
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Annex BINDEXFIRST PART - THE PHENOM
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Annex B1.1 Smuggling of migrants (t
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Annex B13. How much do the migrants
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Annex B2.2 The perpetrators of traf
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Annex Bmeasures, tailing, infiltrat
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Annex B45. What kind of internation
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