Editing People smuggling (section)

==Smuggling vs. trafficking==

A concerted international focus on defining and responding to migrant smuggling only occurred in the 1990s. This focus followed sharp rises in irregular migration to the United States, and to Europe in the 1980s and 1990s.<ref name="books.google.com.au">{{cite book |url=https://books.google.com/books?id=7DH6AwAAQBAJ&q=international+law+of+migrant+smuggling&pg=PR1 |title=The International Law of Migrant Smuggling |first1=Anne T. |last1=Gallagher |first2=Fiona |last2=David |date=21 July 2014 |publisher=Cambridge University Press |via=Google Books |isbn=9781139991988}} p1</ref> A focus on those who facilitate irregular migration – rather than migrants themselves – was seen as a critical element of any response.<ref name="books.google.com.au"/> The resulting legal framework was the Protocol against the Smuggling of Migrants by Land, Sea and Air (Migrant Smuggling Protocol), that supplements the parent instrument, the United Nations Convention against Transnational Organized Crime.

The Migrant Smuggling Protocol does not provide a complete or self-contained legal regime. It exists as part of a "dense web of rights, obligations and responsibilities drawn not just from the Protocol and Convention but also from the law of the sea, human rights law, and refugee law".<ref>{{cite book |url=https://books.google.com/books?id=7DH6AwAAQBAJ&q=international+law+of+migrant+smuggling&pg=PR1 |title=The International Law of Migrant Smuggling |first1=Anne T. |last1=Gallagher |first2=Fiona |last2=David |date=21 July 2014 |publisher=Cambridge University Press |via=Google Books |isbn=9781139991988}} p2</ref>

An important distinction to make is that between human smuggling and human trafficking. Given the complex nature of human smuggling and trafficking operations, the difference between these two criminal operations is not always readily apparent. Delineating between the two involves taking closer look at the subtle differences between each.

Generally speaking, human trafficking involves transporting individuals from one place to another either against their will or under some sort of false pretense. With smuggling, on the other hand, there is understood to be an agreement between smuggler and customer, a meeting of the minds and a contract between the two. These differences can similarly be detected in the Trafficking and Smuggling Protocols (more commonly known as the Palermo Protocols) passed by the UN Convention on Transnational Organized Crime. The Palermo Protocols frame the difference between smuggling and trafficking around the dichotomy of coercion and consent: whereas people who are trafficked are considered "victims" or "survivors", individuals who are smuggled are seen as having engaged willingly in an enterprise that one or both of the bordering countries consider illegal.<ref>{{cite web |url=http://www.migrationinformation.org/feature/display.cfm?ID=294 |title=Migration Information Source |publisher=Migrationinformation.org |access-date=2013-06-04}}</ref> (This dichotomous framework is particularly evident in the protections afforded for each group. The Trafficking Protocol addresses the need for protection of trafficked persons and provides for a broad range of protective measures, while the Smuggling Protocol contains minimal reference to protections for smuggled persons).<ref>{{cite book |url=https://books.google.com/books?id=7DH6AwAAQBAJ&q=international+law+of+migrant+smuggling&pg=PR1 |title=The International Law of Migrant Smuggling |first1=Anne T. |last1=Gallagher |first2=Fiona |last2=David |date=21 July 2014 |publisher=Cambridge University Press |via=Google Books |isbn=9781139991988}}</ref>

More specifically, below are three main technical differences between smuggling and trafficking, which are as follows: 
# Consent – trafficking victims are those who have been subjected to coercive, deceptive, or abusive action by traffickers. These victims either never consented, or if they did, their initial consent is rendered meaningless by the subsequent actions of the traffickers.
# Exploitation – smuggling operations and interaction between smuggler and customer usually terminate upon payment and arrival at destination; trafficking victims, on the other hand, are often involved in a cycle of ongoing exploitation.
# Source of Profits – primary profits from smuggling operations are derived from transportation and facilitation of illegal entry or stay in another country, whereas trafficking operations profit largely from the exploitation of victims.

The recognition of trafficked persons as "victims" but smuggled migrants as "objects" of a process is a principal point of difference between how international law treats trafficked and smuggled migrants. Nonetheless, it is important to recognise that in reality and in law, smuggled migrants can still be victims of crime – whether this is theft, fraud, sexual assault, deprivation of liberty or even human trafficking.<ref>{{cite book |url=https://books.google.com/books?id=7DH6AwAAQBAJ&q=international+law+of+migrant+smuggling&pg=PR1 |title=The International Law of Migrant Smuggling |first1=Anne T. |last1=Gallagher |first2=Fiona |last2=David |date=21 July 2014 |publisher=Cambridge University Press |via=Google Books |isbn=9781139991988}} p72.</ref>

Sometimes there is a gender dimension to the distinction between smuggling and trafficking: those who are smuggled are often assumed to be mostly men{{Opinion|date=March 2025}}, whereas victims of trafficking are more commonly assumed to be women and children.