The disturbing trend in transnational organized crime, human smuggling and human trafficking to be specific, calls for global cooperation in addressing them. However, it is germane for stakeholders to understand the difference between the two crimes so that one will not be mistaken for the other at the point of detection. This will easily enable governments and law makers evolve effective legislation that will curb the crimes. The paper considered the provisions of international instruments in relation to the distinction between the two terms and concluded that the two terms are indeed different even though some jurists have differing opinions. In view of the distinction that exists, the paper concluded that there is need for municipal legislation to be developed by States accordingly in order to enhance effectiveness in enforcement by relevant agencies.
KeywordsHuman Trafficking and Human Smuggling: The Distinction and Legal Implications
Buckland, B. (2009). Human Trafficking and Smuggling: Crossover and Overlap. In C. Friesendorf (Ed.), Strategies Against Human Trafficking: The Role of the Security Sector (pp. 137-165). Vienna and Geneva: National Defence Academy and Austrian Ministry of Defence and Sports.
Dagin, S. (2005). Bring Back the Lost Daughters. Jos: Fab Anieh Educational Books.
Ekwuru, E. G. (2000). The Price of Being Human as an African in the Contemporary World. Owerri: Tofan Publishers Ltd.
Emerole, J. (2002). Amazing Crusade: Media Portrait of the Titi Abubakar War against Human Trafficking. Kaduna: The Regent Printing and Publishing Ltd.
Fagbohungbe, T. (Ed.) (2001). Women Trafficking and Child Labour Eradication Foundation (WOTCLEF): The Rape of the Innocents. Abuja: Women Trafficking and Child Labour Eradication Foundation (WOTCLEF).
Fagbohungbe, T. (Ed.) (2003). With Shock from Gabon (A Special Report of Nigerian Trafficked Children to the Republic of Gabon. Abuja: Women Trafficking and Child Labour Eradication Foundation (WOTCLEF).
Grant, S. (2005). International Migration and Human Rights. A Paper Prepared for the Policy Analysis and Research Programme of the Global Commission on International Migration. http://www.c-faculty.chuo-u-ac.jp
Heckmann, F., Wunderlich, T., Martin, S., & Mac Grath, K. (2000). The Human Smuggling Report: Transatlantic Workshop on Human Smuggling Conference Report. Georgetown DC: The Institute for the Study of International Migration (ISIM) and the European Forum for Migration Studies (EFMS).
Immigration Act 1971.
Iselin, B., & Adams, M. (2003). Distinguishing between Human Trafficking and People Smuggling. Bangkok: UN Office on Drugs and Crime, Regional Centre for East Asia and the Pacific. http://www.embraceni.org
Kangaspunta, K. (2003). Inhuman Trade: Trafficking in Human Beings. Forum on Crime and Society, 3, 81-103.
King, L. (2015). “International Law and Human Trafficking” Topic Research Digest: Human Rights and Human Trafficking. http://www.du.edu/korbel/hrhw/researchdigest/trafficking/InternationalLaw.pdf
Kralis, B. (2006). Human Trafficking: A Transnational Criminal Enterprise. http://www.renewamerica.com
Laccino, L. (2015). Mediterranean Migrant Crises: Human Smuggling arranged by Global Mafia via Skype and What’s App. International Business Times. www.Ibtimes.co.uk
Makkai, T. (2003). Thematic Discussion on Trafficking in Human Beings. Proceedings of the Workshop of the 12th Session of the Commission on Crime Prevention and Criminal Justice on Trafficking in Human Beings, Especially Women and Children, Vienna, 15 May 2003.
Obokata, T. (2005). Smuggling of Human Beings from a Human Rights Perspective: Obligations of Non-State and State actors under International Human Rights Law. International Journal of Refugee Law 17, Oxford: Oxford University Press, 394.
Pehrsson, S. (2001). Global Trends in Human Trafficking. Proceedings of the First Pan-African Conference on Human Trafficking, Abuja, 19-23 February 2001.
Salvation Army (2005). Differentiating between Human Smuggling and Human Trafficking, Issue 4.
Salvation Army (2005). Revelations, Issue 4.
Sarrica, F. (2005). The Smuggling of Migrants: A Flourishing Activity of Transnational Organized Crime, Crossroads 5. http://www.webasa.org/Pubblicazioni/Sarrica_2005_3.pdf
Shelley, L. (2014). Human Smuggling and Trafficking into Europe: A Comparative Perspective. Washington DC: Migration Policy Institute.
Trafficking in Persons (Prohibition) Enforcement and Administrative Act 2015.
United Nations Convention against Transnational Organised Crime 2000.
United Nations Office on Drugs and Crime (2010). Issue Paper: A Short Introduction to Migrant Smuggling (Last Checked on 12th October 2015).
United Nations Office on Drugs and Crime (2012). Issue Paper: Abuse of a Position of Vulnerability and Other Means within the Definition of Trafficking in Persons (Last checked on 12th October 2015).
United Nations Office on Drugs and Crime (2013). Issue Paper: Corruption and the Smuggling of Migrants. (Last Checked on 12th October 2015).
United Nations Office on Drugs and Crime (2014). Issue Paper: The Role of “Consent” in the Trafficking in Persons Protocol. Vienna: United Nations. www.unodc.org
United Nations Protocol against Smuggling of Migrants by Land, Sea and Air 2000.
United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children 2001.
United Nations’ Status of Ratification of the Trafficking and Smuggling Protocol, 2015.
Vayrynen, R. (2002). Illegal Immigration, Human Trafficking, and Organized Crime. Proceedings of the UNU/WIDER Development Conference on Poverty, International Migration and Asylum, Helsinki, 27-28 September 2002.
What If Victim Consents? (2006) UN Office on Drugs and Crime.
Wilcox, L. (2015). What Does Legal Implications Mean? www.references-definitions.blurtit.com
Zlonik, H. (2003). Migrants’ Rights, Forced Migration and Migration Policy in Africa. A Paper Presented at the Conference on Africa Migration in Comparative Perspective, Johannesburg, South Africa.