Coursework 1: a 2,000-word exercise. More than 2,000-word will be penalised.
COURSEWORK ONE – SHORT EXERCISE
In International Law, a distinction is made between human trafficking, involving the ‘exploitation for forced labour, sexual
exploitation or other forms of exploitation’ and the smuggling of migrants which connotes ‘procurement, for financial or
material gain, of the illegal entry into a country of which that individual is neither a citizen nor permanent resident’.
However, this distinction is being increasingly challenged in the scholarly literature.
You should write a short academic essay in response to the question: Is there a distinction between human trafficking and the
smuggling of migrants? Your analysis should be a sustained reflection on the key elements of this scholarly debate drawing
extensively on the academic literature, evaluating the detractions, merits and implications of the respective divergent
arguments.
As well as undertaking your own research, you should read and refer to the recommended and suggested reading outlined in the
worksheets for Workshops One & Two
WORKSHOP 1:
REQUIRED READING
The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Woman and Children,
Supplementing United Nations Convention against Transnational Organized Crime (2000). (The Palermo Protocol).
EU Framework Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (5 April
2011).
ICAT (Inter-Agency Coordination Group against Trafficking in Persons) The International Legal Frameworks concerning
Trafficking in Persons (2012).
ILO Convention No 29 on Forced Labour 1930 (in force 1 May 1932).
UNODC Issue Paper The Role of ‘Consent’ in the Trafficking in Persons Protocol (2014).
RECOMMENDED READING
Anti-Slavery International (2005), Trafficking for Forced Labour: UK Country Report.
Besler, P. (2005) Forced Labour and Human Trafficking: Estimating the Profits. Special Action Programme to Combat Forced
Labour. Geneva: ILO.
Bosco, F. Luda di Cortemiglia. A, Serojitdinov “Human Trafficking Patterns” pp35-84 in ed Friesendorf, C. Strategies Against
Human Trafficking: The Role of the Security Sector (2009) SHUTZ & HILFE
Chandron, P. A Commentary on Interpreting Human Trafficking pp 5-26 in Human Trafficking Handbook Recognising Trafficking and
Modern-Day Slavery in the UK ed P, Chandron (NexisLexis 2011)
Council of Europe Convention on Action Against Trafficking in Human Beings (2005).
ECHR Factsheet on Forced Labour and Trafficking (2012).
European Union. European Commission, Eurostat Methodologies and Working Papers (2013) “Trafficking in Human Beings”,
Publications Office of the EU.
Finnegan, W. ‘The Counter-traffickers: Rescuing the victims of the global sex trade’, New Yorker, May 2008.
(www.newyorker.com/reporting/2008/05/…/080505fa_fact-finnegan).
Kara, S. Sex Trafficking: Inside the Business of Modern Slavery (2010)
Kaye, J. Winterdyk, J. “Explaining Human Trafficking” in Human Trafficking Exploring the International Nature, Concerns, and
Complexities ed. Winterdyk, J. Perrin, B. Reichal, P. (CRC Press 2012).
Kangaspunta, K. Smith, C.J. Defining Human Trafficking and Its Nuances in a Cultural Context ed. Winterdyk, J. Perrin, B.
Reichal, P. (CRC Press 2012).
ILO Convention No 105 Abolition of Forced Labour (in force 17 January 1959).
ILO A Global Alliance Against Forced Labour (2005) Geneva: ILO.
ILO Forced Labour: Facts and Figures. (http://www.oit.org/wcmsp5/groups/public/—dgreports/–
-/dcomm/documents/publication/wcms_10625.pdf).
ILO Indicators of Forced Labour, (2007).
ILO Global Estimate of Forced Labour. Results and Methodology (2012).
OSCE (2010) Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude
Petros, M. (2005) Global Migration Perspectives: The costs of human smuggling and trafficking. Global Commission on
International Migration.
Scarpa, S. “Trafficking in Human Beings” (2008) Oxford University Press. Inc. NY.
Smith, C.J. Kangaspunta, K. “Defining Human Trafficking and Its Nuances in a Cultural Context” pp 19-38 in Human Trafficking
Exploring the International Nature, Concerns, and Complexities ed Winterdyk, J. Perrin, B. Reichal, P. (CRC Press 2012).
The New Bonded Labour? (2008). Oxfam.
United Nations Office on Drugs and Crime (2006) Trafficking in Persons: Global Patterns
US Department of State Trafficking in Persons Report (2013) Washington, US Department of State.
United Nations Office on Drugs and Crime (2012) Global Report on Trafficking in Persons.
UNESCO (2009) Trafficking Statistics Project
UNODC Guidance Note on ‘abuse of a position of vulnerability’ as a means of trafficking in persons in Article 3 of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime (2014)
UNODC Issue Paper. Abuse of a position of vulnerability and other “means” within the definition of trafficking in persons
(2013).
WORKSHOP 2:
REQUIRED READING
United Nations Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention
Against Organised Crime: (2000).
RECOMMENDED READING
Action Orientated Paper on strengthening the EU external dimension on action against trafficking in human beings (July 2011).
Batsyukova, S. (20012) “Human Trafficking and Human Smuggling: Similar Nature, Different Concepts. Studies of Changing
Societies: Comparative and Interdisciplinary Focus Vol. 1’ (1) pp39-50.
Bhaba, J. Zard, M. (2006) “Smuggled or Trafficked” 25 Forced Migration Review pp6-8.
Buckland, B. (2009) “Human Trafficking & Smuggling: Crossover & Overlap” pp 137-166 in ed Friesendorf, C. Strategies Against
Human Trafficking: The Role of the Security Sector (2009) SHUTZ & HILFE
Dwyer.P et al (2011) Forced Labour and UK immigration policy: status matters?
Crown Prosecution Service UK (2011) Human Trafficking and Smuggling: Guidance.
Gallagher, A. (2006) “Trafficking, Smuggling and Human Rights” 25 Forced Migration Review pp25-28.
Laczko, F. (2000) Migrant trafficking and human smuggling in Europe: Program Development and Evaluation. University of
Wisconsin.
“Migrants deceived and exploited” and “Joining the Immigrant Underclass”. BBC News, 25th April 2007 at
http://www.news.bbc.co.uk/2/low/uk_news/6593321.stm
Pieke. F, Bing, X. (2007) Chinese Migration, Neoliberalism and the State in the UK and China.
Pirece. S. (2015) The vital difference between human trafficking and migrant smuggling.
Rogaly, B. “Migrant Workers in the ILO’s Global Alliance Against Forced Labour: A Critical Appraisal”. (2008) Third World
Quarterly 29(7) pp 1431-1447.
Shelley, L. (2010) Human Trafficking: A Global Perspective Cambridge.
Shelley, L. (2014) Human Smuggling and Trafficking into Europe A Comparative Perspective. MPI.
US Department of Justice (2005) Fact Sheet – Distinction between Human Smuggling and Human Trafficking
US Department of State (2010) Trafficking in Persons Report, especially Policies Priority Section, Dismantling the ‘3 D’
Approach to Human Trafficking