What is Human Trafficking?

Human trafficking -- also known as "trafficking in persons" – is linked to some of the worst forms of human rights violations. It has been identified in almost every country in the world, including the United States. Victims of trafficking are all ages, races, genders, ethnicities, religions, and come from all socio-economic backgrounds. Trafficking cases are never the same, and involve various facilitators, recruiters and traffickers.In some cases, a trafficker may make a false promise to a person about a job opportunity, education or marriage. Later, the trafficker does not follow through on the promise and forces the person to do other work, like prostitution. 

In other cases, traffickers force victims to work in various places until their debts are paid, and threatens them with violence, the police, or immigration. Trafficking case studies indicate that in some instances victims have been abducted or sold to other traffickers.

According to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons,  supplementing the United Nations Convention against Transnational Organized Crime (the “Palermo Protocol” of 2000) defines human trafficking as:

[…] 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 a 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 others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

Elements of trafficking:

On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements;

The Act (What is done)

Recruitment, transportation, transfer, harbouring or receipt of persons

The Means (How it is done)

Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim

The Purpose (Why it is done)

For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs. 

Human Trafficking versus Smuggling:

Human trafficking and smuggling are NOT the same thing.

• Smuggling – people pay to be transported illegally to a new country and are free from their smugglers upon arrival.
• Human Trafficking – whether they expect it or not, trafficked persons are enslaved and exploited by their traffickers. What sometimes begins as smuggling can end up as exploitation and trafficking, but not all trafficking involves crossing borders.

To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by relevant domestic legislation. 

Signs that a Person Might be Trafficked

The United Nations Office on Drugs and Crime has a comprehensive summary publication listing the human trafficking indicators. It is noted in the publication that not all indicators listed are present in all situations involving human trafficking, and the presence or absence of any of the indicators neither proves or disproves that human trafficking is taking place. For the complete list, see the United Nations Human Trafficking Indicators [PDF]

What is not human trafficking?

Smuggling: Smuggling is not trafficking, and it requires the movement a person across country borders. Smuggling is a crime against the government, and trafficking is a crime against a person. Smuggling can turn into trafficking if the trafficker threatens or uses force, deception or other means to subject a person to exploitation.

Illegal adoptions: The kidnapping or unlawful buying/selling of an infant or child for the purpose of offering that child for adoption represents a serious criminal offense, but it is not a form of human trafficking, as it does not necessarily involve the use of force, fraud, or coercion to compel services from a person. As stated in the travaux preparatoires of the Palermo Protocol, only “where illegal adoption amounts to a practice similar to slavery . . . it will also fall within the scope of the Protocol.”

The trade in human organs: The trade in human organs – such as kidneys – is not in itself a form of human trafficking. The international trade in organs is substantial and demand appears to be growing. Some victims in developing countries are exploited as their kidneys are purchased for low prices. Such practices are prohibited under the Palermo Protocol, for example when traffickers use coercive means, such as force or threats of force to secure the removal of the victim’s organs.

Child pornography: Sex trafficking of children can involve several different forms of exploitation, including the production of child pornography. However, the production of sexual images representing children – which increasingly includes drawings and computer-generated images – is not sex trafficking unless a child is actually induced to perform a commercial sex act for the purpose of producing the pornography. Distribution and possession of child pornography, while often criminally prohibited, are not acts of human trafficking.

Prostitution: Prostitution by willing adults is not human trafficking regardless of whether it is legalized, decriminalized, or criminalized. There is no universally accepted definition of trafficking for sexual exploitation, and individual countries have differing legislation

What can you do?

1) Learn the signs of  human trafficking

2) Memorize the National Human Trafficking Hotline: 1-888-3737-888

3) Volunteer with a local anti-trafficking organization

4) Share what you've learned with friends and family

5) Buy products where people are paid a fair wage, and whose human rights are respected.