2.2. Definition of human trafficking
According to the statement on trafficking the protocol to prevent, suppress and punish trafficking in persons, especially women and children, also known as the Palermo Protocol (Art. 3a UN, 2000) provides definition that could be universally applicable states as:
“Trafficking in persons shall mean the recruitment, transportation, transfer, harboring 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 labor or services, slavery or practices similar to slavery, servitude or the removal of organs”.
As Gurnam Singh and Harbilas Singh (2013) cited in the US Department of State in its documents ‘Trafficking in Persons Report’ (2010) uses the term, “trafficking in persons” for “activities involved when one person obtains or holds another person in compelled service. (US Department of State, 2010: NP), “using a number of different terms such as involuntary servitude, slavery, debt bondage, and forced labour. The US State Department, further, says that: …a person may be a trafficking victim regardless of whether they once consented, participated in a crime as a direct result of being trafficked, were transported into the exploitative situation, or were simply born into a state of servitude. At the heart of this phenomenon are the numerous forms of enslavement not the activities involved in international transportation (2010: NP).
International Organization for Migration (IOM) defines trafficking in migrants as an act when the following conditions were met. According to the statement of (IOM); An international border is crossed, departure, transit, entry or stay of a migrant is illegal; an intermediary or the trafficker is involved in the movement of the migrant providing services, such as supplying counterfeit identity documents, official or unofficial transportation and introduction into the illegal labour market in the destination country. The trafficker profits from such activities and that the transaction is voluntary, other than in cases of (Yussouf, 2008: 173).
According to the definition given, trafficking not only involves force to abduct a victim which in most cases, considered to commit by illegal individuals but also applies complex means of deception. Although the work of PEAs in Ethiopia is officially considered as worker supply through legal recruitment means, there are cases where the agencies engage in illicit recruitment and travel processes by receiving payments that is prohibited in the proclamation 632/2009. The domestic workers fall under various kinds of exploitations in the destination countries by their employers.
2.4. Human Trafficking Vs Human Smuggling
There is a general misconception that human trafficking and the smuggling of persons and illegal immigration are the same issue. The definition of human trafficking provided by the separate UN protocol on that phenomenon one can identify a number of distinguishing elements. First, trafficking necessities the threat of, use force, coercion, or deception against victims; however, smuggling migrants who have been smuggled have voluntarily consented to their smuggler; moreover, victims of trafficking have not consented or, if they have initially consented, the consent has been rendered meaningless given the abusive coercive or deceptive action of the trafficker. Second, smuggling necessities the crossing of international borders, but human trafficking can take place both across international borders, and within the state (Wegayehu, 2014).
According to Union Council Framework Decision on Combating Human Trafficking, there are three basic differences between human smuggling and human trafficking as summarized below:
2.4.1. Source of Benefit: The primary source of profit and thus the primary purpose of human trafficking is exploitation. In contrast, smugglers generate their profit through facilitating illegal entry or stay. After reaching destination country, the relationship between migrant and smuggler usually ends.
2.4.2. Trans-nationality: Migrant smuggling always has a trans-national dimension involving at least two countries. However, in case of trafficking it can be within the borders of a particular state.
2.4.3. Victimization: Smuggling does not necessarily involve the victimization of the migrant. Migrant smuggled generally consent to the smuggled. In contrast, victims of trafficking have either never consented or if they have given initial consent it became meaningless by the means by which the trafficker had gained control over the victim such as deception or violence. Smuggled person is part of crime and trafficked person is victim of crime (United Nations Office on Drugs and Crime, 2010)
Figure, 2 the difference between human trafficking and smuggling
(Source own drawing from literature, 2018)
2.5. Components of trafficking and forced labour
According to International Labour Organization (2011), Trafficking in Persons Overseas for Labour Purposes state trafficking in persons consists of three essential components:
1. Recruitment: by force or deception;
2. Transportation: within a country or across borders, legally or illegally, and
3. Exploitation: traffickers financially benefit through the use or sale of the victim.