CHAPTER 7Human Trafficking & Migration Management
Richard Danziger, Jonathan Martens, Mariela Guajardo (IOM)
[S]uppose that several distinct societies maintain a kind of intercourse for mutual convenience and advantage, the boundaries of justice stillgrow larger, in proportion to the largeness of men’s views, and the force of their mutual connexions.
David Hume, An Enquiry Concerning the Principles of Morals
Human trafficking is, in its modern form, a phenomenon that is inextricablylinked to, and shaped by, the dynamics of contemporary global migration,including the interests, capacities, and structures of nation states, internationaland non-governmental organisations, private companies and criminal groups.
Not to be forgotten are those most often regarded as the central players in thisdrama; the migrants who are the victims of the trafficking crime, and themovement of whom constitutes a direct challenge to the ethos of effectivemigration management.Trafficking in persons is properly decried as a gross violation of human rights,
and yet the leading international legal instruments that define and address the
The views expressed herein are those of the authors writing in their personal capacities, and do notnecessarily reflect the views of IOM. The authors would like to thank Paul Tacon, Mumtaz Lalani,Sarah Craggs, Lance Bonneau, Anh Nguyen, Rebecca Surtees, Khalid Koser and William Lorenz fortheir contribution to this chapter.
UN High Commissioner for Human Rights,
Principles and Guidelines on Human Rightsand Human Trafficking.
Addendum to the Report of the UN High Commissioner for Human Rights toECOSOC. UN document E/2002/68/Add.1, May 20, 2002. Note that, by definition, a human rightsviolation is committed by a state against an individual. While most cases of human trafficking involvecriminal acts committed by one individual against another, it is arguable that a state's failure to protectan individual victim of trafficking from a trafficker constitutes a human rights violation by omission.For more on this discussion, see Ryszard Piotrowicz, “The UNHCR´s Guidelines on HumanTrafficking,”
International Journal of Refugee Law
20, no.2 (2008): 246.