The Exhibition in Den Haag

‘I remember every client every Face, ‘They locked me in a container for three week ‘The contract was
worthless, they took our
It like a horror movie’ No one noticed’ passports and
told us as illegal’s we have no rights’

‘24/7 taking care of the household and children ‘I was so happy to see the police then I ‘Its all about
money. If I stop making the transfers,
never allowed to go out. I was their slave’ panicked. Can I trust them and tell them she will hire
someone to harm my family’
my story?’

‘They sell you like a product. We girls ‘He forced me to sleep with men who refused ‘With this picture
I reverse the voodoo onto my

1
Just part of the menu.’ to use a condom, they pay more.’ trafficker. I
am not afraid anymore.’

Abstract:
The aim of this project is to evaluate the latest development of the EU
migration policy in the area of preventing (or fighting) human
trafficking and smuggling in persons. The project consists of three
stages: firstly, the relationship between migration, migration policy
and trafficking is present. This is to present that migration is a
complex process and to prove how much depends on the policy
making when regulating migration. Secondly, the reasons for the
policy of fortress continents are questioned to point out the need for a
less restrictive migration policy. The last stage is to express opinion on
the EU migration pact when comparing it to the Australian migration
policy. The conclusion is that EU migration Pact gives a hope for
limiting trafficking because of its focus on promoting legal migration;
however the Pact is far from being a remedy to totally stop trafficking.

Key words: migration policy, trafficking in human beings.

2
Foreword:
The exhibition in The Hague inspired me to voice my personal opinion.
The pictures depict the every-day reality of trafficked and smuggled
people. This should always be conscious in the minds of policy makers
to ensure that human rights hold real value, and when debating on the
direction of migration policy, human security come always before the
state’s interest.

3
Table of content:

I. Introduction pp. 1-8

Problem formulation
Methodology
Outline of the paper

II. Chapter one. pp. 9-23

1.1.The relationship between migration, migration policy and
trafficking in human beings.
1.1.1. History of migration in Europe.
1.1.2. History of migration in Australia.
1.1.3. Migration policy vs. trafficking.
1.1.4. Summary.
1.2.Border Security and trafficking opportunities.
1.2.1. Border security in the 21st century.
1.2.2. Trafficking statistics and analysis.
1.2.3. Summary.
1.3.Research findings.

I. Chapter two. pp. 24-35

2.1. Evaluation of the EU Pact on Immigration and Asylum.
2.2. Evaluation of the Australian Migration Policy.
2.3. Summary.

II. Conclusion. pp. 36.

III.Bibliography. pp. 37

4
 INTRODUCTION

During my last years of studies, I had a chance to attend curses in

“International Migration” and “Transnational Crime and Policing” at the
University of Amsterdam. Both courses inspired me to develop my interest in
migration issues and to continue my research at Gent University for the
programme in European Criminology. This is why this project is an essence of
my recent interests in the fields of political science and fighting illegal
migration.

In the last decade governments around the world have started national
and international campaigns against illegal migration practices to fight the
tragic acts of trafficking and smuggling. The latest attempt to regulate
migration policy was proven under the French EU presidency. Nowadays,
much more binding decisions are being expected from the Swedish
presidency. While working on the anti-trafficking policies, the security and
economic consequences for the sending and receiving countries are taken
into account. What remains a matter of a deeper analysis is how useful and
effective these policies are to finally stop the illegal migration business. Can
the latest change in the EU migration policy be seen as a positive solution to
fight trafficking and smuggling?

What pushed me into researching this topic is the question about a

remedy to fight trafficking and smuggling, starting with addressing the root
causes of the phenomenon and ending at the possible mistakes in the recent
anti-migration policies.

This is why I decided to first analyze the reasons and consequences of

the migration process and further developed migration policies, and question
the impact of the policy of “fortress continents” on trafficking and smuggling
in human beings. The second stage of my research is to evaluate EU
Migration Pact and compare it to Australian migration policy.

According to the United Nations, less than half of immigrants (13,000

out of 35,000) who reached the shore of Italy alone were given international
protection.1 This data is similar for most of the developed countries which are

1 EuroNews from 22.09.2009.

5
in a short distance from sending countries, which are America and Mexico,
Southern Europe and Northern Africa or Australia and South-East Asia. The
data provided by the International Labor Organization reveals that, “the
profits made by those who exploit all forms of forced labor amount to US$ 44
billion per year”, while “trafficked victims account for US$ 31.6 billion”. 2
When looking at the estimated numbers of trafficked people and the
enormous profits made by traffickers and smugglers, it is impossible to
disagree with the statements that human trafficking “has become one of the
fastest growing and most lucrative criminal activities occurring both
worldwide and in individual countries”. 3

The real number of trafficked and smuggled people around the world
over the years is extremely hard to estimate. What is known for sure is that
the “business” gives not only a profit for traffickers and smuggles but quite
frequently it costs lives of trafficked and smuggled people when trying to
reach their place of destination. The so called “boat people” try to reach the
destination countries in poor and dangerous conditions under the shadow of
the night, without any legal documents. In many cases, these people pay a
lot of money to the smugglers which after arrival turn into traffickers. Some
of them never reach the destination country; they die on the way due to the
unfit conditions, drowning, hunger or execution.

Problem formulation

In the recent years, most of the Western countries, which at some

stage started to face illegal migration flows, put an emphasis on
criminalization of the act and cutting the root causes of trafficking and
smuggling of human beings. The stance of the European governments is
thus to regulate migration policy to effectively fight trafficking and
smuggling. This statement is the starting point in my research which leads
me to the questions about the current situation in trafficking and the role of
the migration policy in tackling the problem.

http://www.euronews.net/2009/09/22/italy-absolutely-not-worried-about-boat-people-
returnees/

2 Europol, Trafficking in Human Beings in the European Union: Europol Perspective. February
2008.

3 Citation of IOM 2005 in “Human trafficking and Human Security”.

6
 At the first stage I ask: what is the relation between migration,
migration policy and trafficking in human beings? What are the reasons for
migration and the consequences for the receiving and sending countries?
How does the migration policy affect illegal migration flow? These are also
questions about the push and pull factors for illegal crossing of the borders;
why people risk life to reach the destination country? What is the impact of
migrant’s labor on the receiving countries economy? What pushed developed
countries to issue a harsh migration policy? What will the result be against
trafficking and smuggling if chance is made in migration policy?

The second stage is to ask: what went wrong with the policy of
“fortress continents”? Why the policy which emphasis the state’s security
and control over migration flow is widely seen as a fuel for traffickers and
smugglers. Does the policy of “fortress continents” increases opportunities
for traffickers and smugglers? What do the statistics say about the annual
number of reviled trafficking incidents?

Another step after answering these questions is to evaluate the latest

change in the EU migration policy. What can be learnt from the “closing
borders policy” and what was its impact on human trafficking? Why is the
Australian migration policy seen as an example of perfectly working
measures to visibly reduce human trafficking and smuggling in human
beings?

Having a number of questions to answer I have decided to concentrate

strictly on the European migration policy. This is why the purpose of my
research is to highlight and question the need and direction of change in the
recent EU migration policy, using the Australian Migration policy as a
comparison.

As the historical facts reveal, Europe went from unregulated migration

flows from the earliest years of establishing nation states to restrictive
migration policy at the end of the 20th century. What is seen as a change at
the European level is the current direction to develop less harsh migration
policy. The latest achievement is the adoption of the EU Immigration Pact
(2008), which is widely viewed as a step towards fighting illegal migration
and promoting legal migration. The reason for comparing Australian
migration policy is based on my previous experience in the elaboration of the
migration history and policy in this particular country.

7
 To tackle the problem of illegal migration and trafficking in human
beings I have divided my project in 2 parts and operate with the following 2
research questions:

RQ 1: why is the change in migration policy seen as a crucial preventive

measure in the fight against trafficking in human beings?

To build up an answer to my RQ 1 I want to test two hypotheses, which

I call my research “stages”. By developing on each “stage” I expect to
gradually come closer to the proper answer to my research questions.

At the first stage, there is a need to analyze and understand the root
causes of illegal migration. The process of mobility is pointed out by many
authors as one of the oldest human behaviors and definitely not seen as an
exception but as a natural process of human development. What I consider
crucial in analyzing the migration flows is taking into account the economic,
social and historical background of the migration process. Only a solid
analysis of the phenomenon of human mobility process and consequences of
migration for receiving countries can lead me to an explanation of adequate
policies developed by the governments of the receiving countries. As I have
come across, not everyone is aware of the fact that fighting trafficking and
smuggling should be started from regulations migration policy. Hence, I want
to point out; there is a close relation between the migration flows,
(anti-)migration policy and trafficking in human beings. This is why I pose the
following hypothesis 1:

H1: there is a tight relation between migration, (anti-) migration policy and
trafficking in human beings based on security issues/ historical, economic
and social background.

The second stage of my research is based on the assumption that the

so called policy of “fortress continents” leads to an increase in opportunities
for traffickers and smugglers. Shortly, I want to question the reasons of
“fortress Europe” policy and point out the consequences and its negative
impact on crime rates in human trafficking and smuggling. At this stage I
operate with hypothesis 2:

H2: policy of closing borders (“fortress continents”) increases opportunities

for traffickers and smugglers.

8
 I believe that the change in migration policy from harsh to less strict
should help skilled migrants entering the labor market, which might also help
fighting illegal migration.

Only after answering my first RQ I will be able to evaluate the EU

Immigration Pact, which is seen as a much more liberal approach of
migration. To point out the direction of changes in migration policy when
evaluating the Pact, I want to operate with the following RQ 2:

RQ 2: Why is the EU Immigration Pact seen as a positive solution in fighting

trafficking in human beings?

Elaborating an answer to my second RQ constitutes the third stage of

my research. In this part I want to make a comparison to the Australian
migration policy and prove that EU Migration Pact is being developed with
regard to Australian migration policy.

H3: EU Immigration Pact is designed to fight trafficking and smuggling

when compared to Australian Migration Policy.

The criteria for comparison of the two policies are: dealing with legal
migration, approaching illegal migration, border security and policy towards
asylum seekers. These aspects are included in the migration policies in the
European and Australian migration policies.

As a conclusion I express my opinion on the migration polices and

propose my recommendations.

Methodology.

My first step in finding information on my research topic was to visit

the websites of the European Commission and International Organization for
Migration (IOM) to check the latest changes and developments in the fields
of migration policy and fighting human trafficking and smuggling in human
beings.

To properly tackle the problems of trafficking and smuggling in human

beings I needed to operate with definitions of both acts and provide a clear
distinction between them. For that reason, my second stage was to find the

9
“universal” definitions of human trafficking, smuggling in human beings and
illegal migration which I will then allow me to operate under solid guidelines
for my research. I have decided to use the definitions of the United Nations
Protocol (which entered into force in Dec. 2003) and the EU Council
Framework Decision (2002) which I consider applying to the most general
aspects of human trafficking and smuggling in human beings. As stated in
the Protocol, the act of trafficking involves

“the recruitment, transportation, transfer, harboring or receipt of

persons, by means of the treatment 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 payment or benefits
to achieve the consent of a person having control over another person, for
the purpose of exploitation”4.

A similar definition of trafficking in human beings was elaborated in the

EU Council Framework Decision (2002) and states:

“The recruitment, transportation, transfer, harboring, subsequent

reception of a person, including exchange or transfer of control over that
person, where:

(a) Use is made of coercion, force or threat, including abduction,

or,
(b)Use is made of deceit or fraud, or
(c) There is an abuse of authority or of a position of vulnerability,
which is such that the person has no real and acceptable
alternative but to submit to the abuse involved, or
(d) Payment or benefits are given or received to achieve the
consent of a person having control over another person for
the purpose of exploitation of that person’s labour or services,
including at least forced or compulsory labour or services,
slavery or practices similar to slavery or servitude, or for the
purpose of exploitation of the prostitution of others or other
forms of sexual exploitation, including in pornography”5.

4 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Woman and
Children, supplementing the United Nations Convention against Transnational Organized
Crime.
http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_
%20traff_eng.pdf.

10
 As to make the distinction between trafficking and smuggling, I
adopted a definition of smuggling from the UN Protocol against the
Smuggling of Migrants by Land, Sea and Air, which went into force in January
2004. In art 3 of the Protocol, the smuggling of people is defined as:

“The procurement, in order to obtain, directly or indirectly, a financial

or other material benefit, of the illegal entry of a person into a State Party of
which the person is not a national or a permanent resident.”6

The EU definition on human smuggling is included in the 2002

Council’s Directive and holds that:

“1. Each Member State shall adopt appropriate sanctions on:

(a) Any person who intentionally assists a person who is not a national
of a Member State to enter, or transit across the territory of a
Member State in breach of the laws of the State concerned on the
entry or transit of aliens;
(b)Any person who, for financial gain, internationally assists a person
who is not a national of a Member State to reside within the
territory of a Member State in breach of the laws of the State
concerned on the resistance of aliens.

2. Any Member State may decide not to impose sanctions with regard
to the behavior defined in paragraph 1(a) by applying its national law
and practice for cases where the aim of the behavior is to provide
humanitarian assistance to the person concerned”.7

In order to test the relation between migration flows, migration policy

and human trafficking I used book from the author M.J. Gibney “The Ethics of

5 EU Council Framework Decision of 19 July 2002 on combating trafficking in human beings.

(OJ L203)
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:203:0001:0004:EN:PDF.

6 UN Protocol against Smuggling of migrants by land, sea and air, supplementing the UN
Convention against Transnational Organized Crime. (2000).
http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_smug_
eng.pdf.

7 Council directive 2002/90/EC of 28November 2002 defining the facilitation of unauthorized

entry, transit and residence. (OJ 328/17).
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:328:0017:0018:EN:PDF.

11
Migration and asylum” and the book published by the authors S. Castles and
M. Miler “The Age of Migration” which I consider classic books on the history
and consequences of migration flows, giving me the basis to understand the
global migration process. In order to gather the latest data and analysis on
migration policies and the problem of human trafficking I used the
International Migration Review Journal and data from Interpol, Europol, IOM
as well as the latest report released by the United Nations Office on Drugs
and Crime (UNODC).

What I consider a very enriching resource in my research is “National

Security and Migration” by author C. Rudolph, in which he provides an
overview of the migration policies in the Western democracies, giving the
reasons for loosing or tightening borders policy for immigrants. What I find
the most useful for this research is his explanation of policy changes based
on national security issues.

I made choices using selected literature and documents since it’s

turned out that the existing number of sources on this particular topic are
too large. Because of my limited scope for analysis I relate only to the latest
and the most important documents. The legal documents I used include
mainly the Council’s framework decisions and UN’s official protocols.

In order to answer my research questions I use the approach of

criticizing the implementation of counterproductive changes in migration
policy when knowing that the chances to fight trafficking and smuggling are
narrow.

The policy of “fortress continents” fails and increases criminal activity

of human trafficking and human smuggling. The policy does not apply to the
causes for human trafficking which are explained by the combined approach
of human security and state security. When increasing state security by
closing borders for immigrants, the state’s policy fails to provide human
security - the reasons for immigrants to leave the country of origin.

Outline of the paper.

This paper consists of 3 main parts; the introduction part, the testing of
the hypothesis and the summary of my research findings.

In the first chapter the relation between migration and migration policy
is presented. After a short overview of the history and background of

12
migration in Europe and Australia, the migration policy in both continents is
presented. This chapter also presents the relationship between border
security and trafficking opportunities. The latest statistical data on numbers
in trafficking and smuggling are presented as well as the consequences of
trafficking for the origin and destination countries.

The second part consists of an evaluation of the EU Migration Pact and

Australian Migration policy. After an overview of both policies and evaluation
of their impact on fighting trafficking in human beings I present my critical
reflection when shortly comparing both policies.

The concluding part of my project is a summary of the whole project

and recommendation for the future researches in this field.

13
 - Chapter One -

The aim of this chapter is to answer my first research question “why is

the change in migration policy seen as a crucial preventive measure in the
fight against trafficking in human beings”? In order to build an answer to my
question, this chapter will provide a closer look at the reasons for migration
and the consequences of the process to better understand the policy that
followed. What is now seen as a change in migration policy is the move
towards the more liberal approach, which is included in the EU Immigration
Pact (2008).

On one side it is also important to understand both motives for illegal

migration and the reasons for harsh migration policy. Only the analysis of
reasons and consequences of migration can provide an explanation of the
relationship between migration, migration policy and trafficking in human
beings.

To answer my research question, two hypotheses will be tested. In the

first part, the reasons for migration are examined to test my hypothesis 1:
there is a tight relationship between migration, migration policy and
trafficking in human beings based on the security issues/ historical,
economic and social background.

The second stage of answering my research question 1 is to examine

the consequences of “fortress countries” policy on trafficking and smuggling
in human beings. This is why we posed the hypothesis 2: the policy of closing
borders/ fortress continents increases opportunities for traffickers and
smugglers.

14
 1.1.The relationship between migration, migration policy and
trafficking in human beings.

Global migration is a fact. Even since the first creation of human

communities people have been moving regions in search of better living and
food opportunities as well as to exchange goods and services. What is now
known as the “international migration” is when people move across the state
borders with an intention to settle down. In the receiving countries, these
people are called immigrants. Today, it is estimated that the migration flow
will continue to grow even stronger; more and more people will be leaving
the country of birth towards relative stability and prosperity. As Rudolph
points out ‘’within migrant-receiving states, population growth is no longer
solely the result of domestic birthrates and infant mortality rates, but is
increasingly a function of migration’’8. Human mobility is mainly based on
humans’ decision to change country. The question which arises is why do
people migrate? The reasons are mainly put is two categories, the push and
pull factors.

People migrate in hope for improving their life standard and for better
paid job. We also see a trend in temporary migration when some people
want to immigrate only for a short time to earn extra money. The money
earned is then transferred as remittance to their families in their home
country. Sometimes migrants find better access to education in the other
country. The final pull factor for migration is family reunion.

What constitutes the push factors is mainly the demand for a cheap
labor force, especially in the sectors unpopular among natives, like factories
and sex industry. In many cases however people migrate because of political
instability, economic hardship, drought, discrimination and the violation of
human rights in their home country.

One might wonder what exactly should be defined as voluntary and

forced migration. If a person in his/her home country faced a high
unemployment rate, he might as well be a subject of forced migration. In this
case the migration was forced because of the lack of financial sources in the
home country.

8 Rudolph, C. (2006), pp. 12.

15
 What can also cause difficulties is to classify the short- and long term
migration. As history reveals, the labor migrants or guest workers,
surprisingly to governments, did not always return to their home countries.
The definition can be easily distorted once the labor migrants decide to
settle down in the new country.

We can distinguish 3 main periods of migration after the world war II;
first (1950-1973/4) took place soon after the war was over and lasted until
the oil crisis; second (mid-1970s-80) included migrants from former western
colonies; recent decades (1990-nowadays) mainly consists of asylum seekers
from war affected regions and labor migrants from new EU member states.
Although these periods have been mentioned by many authors9, migration
flows had different directions for sending and receiving countries in Europe
and likewise for other continents. For instance, Italians were one of the main
immigrant groups which arrived to Australia and the US in the late 19 th
century. Today, Italy has become a destination country for asylum seekers
mainly from North Africa. This is why we will now have a closer look at the
historical background of the migration process in Europe and Australia.

1.1.1. History of migration in Europe.

When presenting a general overview of the migration process in

Europe it is necessary to mention the fact that the migration process in the
European continent was mainly shaped by the outcomes of wars. Throughout
the centuries, people were fighting for a new land, with the aim to conquer
and settle down. This was however migration within the continent. The first
massive influx of non European migrants began with the Golden Age of
continents discoveries and distant lands exploitation. People from concurred
countries were forced to work in their new countries in return for a shelter.
The first massive flow of labor migrants took place in Great Britain during the
industrial boom of the 19th century. They came to fulfill the labor demand
mainly in the factories. At that time, the foreign labor force helped Britain to
maintain the economic growth.10

A new direction of migration policy began after World War I. An

outcome of the war was a decreasing demand on a cheap labor force due to
economic hardship. However after World War II, the recruitment of the

9For example, Castel, S. and Miller, M. (2003), and Gibney M.J. (2004).

10 Castel and Miller (2003).

16
foreign labor force continued when most of the Western economies were
steadily recovering. The peak of the migration wave to European countries
was noticed in the 1960s when a large number of immigrants from former
colonies decided to accept the citizenship of their former invaders. As a
result, countries like Great Britain, the Netherlands, Italy or France became a
new homeland for a large number of immigrants from their former colonies.

What stopped the migration wave in the 1970s was the oil crisis and
the economic stagnation that followed. Countries found it hard to deal with
the economic hardship, increasing unemployment and a high number of
immigrants.

Another influx of immigrants took place after the collapse of the Soviet
Union. People from Eastern Europe and Balkan countries tried to make their
lives better in the Western countries. A large number of political asylum
seekers and refugees from Northern Africa and the newly divided Balkan
states, applied for the entrance to the European Union. It is hard to estimate
how many of them found their way to enter the Western countries using
loopholes in immigration law or illegal methods, like smuggling.

The latest immigration flow in Europe is the one within the internal
borders of the European Union. Since the historical enlargement of the EU in
2004, we have witnessed a new wave of labor migrants from the new
Member States to the ‘old’ EU countries which opened the labor market.
Many of them decided to become long-term migrants and did not leave after
earning a certain amount of money.

The European historical experience with migration differs slightly when

comparing to the English speaking settler countries of periodically open
immigration such as the US, Canada, New Zealand or Australia. This is why
we are now going to analyze one of these immigration models.

1.1.2. History of migration in Australia.

It has to be admitted, Australia is a country of migration from the very

beginning of the country’s first settlers in the 18th century. Since the
proclamation of the state, Australia has received a large number of convicts
from England and Wales who in the later years became the real settlers and
set up the country’s infrastructure. To put it simply, Australia needed a labor
force for economic reasons and nation building. This is why migrants were

17
welcomed by the Australian government. In a short time, the government
came up with the policy to recruit white migrants from Britain only. The aim
was to avoid mixing of the cultures on the continent and to keep the nation
‘white’. The policy of ‘populate and perish’ did not however attract as many
British migrants as estimated, despite the money promised by the
government for new arrivals. What that meant for the Australian government
was to gradually open up for migrants from other European countries, such
as the Balkan States or Italy, and later Asian countries.

As it soon turned out, migrants were nothing more for Australians than
a labor force. As soon as the economic growth slowed down, it became
obvious that non-white migrants were no longer welcomed on the Australian
soil. After implementation of the White Migration Act, migrants across
Australia found themselves under a wave of discrimination and humiliation.
Only after the Act was abolished in the 1970s, the country became opened
to the arrival of new refugees and labor migrants from Indo-China.11

Similar to other Western countries, Australia experienced a new influx

of immigrants in the 1990s after the Iron Curtain disappeared. Migrants from
Former Yugoslavia, Eastern Europe and the Middle East tried to make
Australia their new homeland.

At that moment, the Australian government was already aware of the

positive and negative consequences of migration for the county. Under
public pressure as well as considering the economic consequences of
migration, the government decided to put the migration flow under stricter
control. Along with stricter migration policy and border security, illegal
migration became a fact. Ever since the 1970’s, the Australian government
has been dealing with human trafficking and smuggling in human beings.
The most common group of people trafficked every year to Australia are
young woman and children from Malaysia, China and Thailand; they are
mainly trafficked by boats for the purpose to work in the sex industry in big
Australian cities.12 We might argue that Australia is a very attractive country
for migrants because of its economical and political stability, and better job
and educational prospect. If the way of reaching the country cannot be done
in a legal way, the country becomes an attractive destination for traffickers
and smugglers.
11 Gibney M.J. (2004).

12 Putt, J. (2007), Human Trafficking to Australia: a research challenge. Australian Institute

of Criminology.

18
 This is why it is important to analyze the relationship between
migration policy and human trafficking for Europe and Australia.

1.1.3. Migration policy vs. trafficking.

Along with the global change, international migration has been a major
topic for policy makers in the Western countries for the last few years. It has
to be admitted however that there is formally no “common migration policy”
but only a free movement of people within the EU internal borders and
common rules of control on the external borders included in the Schengen
Agreement. The migration policy, especially asylum seekers policy still
depends on the national legislation level.

Before asking the question “why regulate migration?” it is important to

analyze the consequences of migration for both: sending and receiving
countries. As it has been mentioned before, the main purpose of migration is
for higher financial profits. For that reason, the consequence for the country
of origin is a drop in unemployment rate and an increase on the money being
spent thanks to the migrants’ remittance (money sent home). From the
opposite point of view, the origin country suffers brain drain - losing the
highly-qualified people, who are very often doing a low-skilled job.13

For the country of destination, the main consequence is the change

into a more multinational and multiethnic country. What has lately become a
thing of concern for receiving countries is how deep the migrants will really
integrate into the new societies. On the bright side, labor migrants are likely
to do the low-paid and low-skilled job, which the natives do not want to do.

Knowing the consequences of migration for the origin and destination

countries it is easier to understand why it is so important to keep the influx
of people under control.

The migration policy aims to fight or/and limit the illegal migration. As
Geddens points out, what constitutes illegal migration is: ”when people
enter-on a tourist visa, for example-and overstay; cross state borders
without appropriate authorization and documentation; are legally resident,
but find employment in the underground/ informal economy (they live

13 Freilich/ Newman/ Shoham/ Addad, (2002). Pp.5.

19
‘legally’ but work ‘illegally’); when administrative acts or bureaucratic
procedures consign people to ‘illegality’”. 14

Another argument to regulate the flow of immigrants is the lack of

integration of migrants which leads to the building of ghettoes. Countries like
the Netherlands, Great Britain or Sweden put a lot of effort into the
integration policy, however in countries like France and Germany the
tendency towards marginalization of ethnic groups is quite visible. As some
analysts argue, the perception of migrants as “the others” has been greatly
shaped by the media.15 People became to see “us” and “the others” having
in mind the negative image about “the others” as unemployed, uneducated,
having communication difficulties, and doing the low-skilled job. Even stricter
migration policy is for many seen as a building of the wall between “us and
“them”.

What has lately become a reason for stricter migration policy is that
people started to view immigrants as a threat to national security, especially
after it became known that the people responsible for the 9/11 attacks in the
US were foreigners in the country. Moreover, the presence of labor migrants
has been often seen as stealing of jobs from the natives or at least
increasing competition on the labor market. Some analysts argue however,
that the harsh policy on migration is the cause of the change in perception of
migrants as potential criminals. As stated by Freilich, Newman, Shoham,
Addad, “the data indicated that nations with more restrictive immigration
policies are also more likely to have higher incarceration rates for
immigrants. In addition, citizens in such countries tend to believe that
immigrants are more likely to commit a crime”16. For that reason,
immigration flow became a threat to national security defined not only as
territorial integrity but also economic stability and the welfare of the state.17
Governments in the Western world felt the duty to protect the nation from
potential terrorists and to protect the national economy from hardship or
collapse.

One might argue that the stricter migration policy will not stop the
migration flow. As we can hear in the evening news, nearly every day the

14 Geddes, A. (2003), pp. 18-19.

15 Ass, K. (2007).

16 Freilich/ Newman/ Shoham/ Addad, (2002). Pp.6.

17 Ass, K. (2007), Pp. 77.

20
cost guards in Italy, Spain or Australia catch illegal boats with immigrants
trying to reach the shores of these Western countries. As we have mentioned
before, both Europe and Australia are very attractive continents for
immigrants. As stated by Graycar, “the vast expanse of coastline makes
Australia a relatively easy target for smugglers and trafficking operations;
Australia has a reputation for economic and political stability, a relax style
and high standard of living, making it an attractive destination for migrants.18

Similarly, the Mediterranean is seen as the transit area in the Euro-

African region. As stated by Geddes, “the fact that in March 2002 more than
900 Kurds risked their lives by crossing the Mediterranean in a rusting old
boat in an attempt to enter Italy is not a sign of lax policies or uncontrolled
migration, but of restrictive policies and the high costs of entry into EU
member states (it was reported that each migrant paid $4000 to the gang of
smugglers)”.19

The impact of the migration policy on the crime opportunities, such as

human trafficking and smuggling in human beings, will be discussed in the
section 1.2.

1.1.4. Summary

The examination provided in this subchapter proved my hypothesis 1,

there is a tight relationship between migration, migration policy and
trafficking in human beings.

Diagram 1 presents the “migration circle”, relation between three

subjects. 1. Migration process, 2. Migration policy, 3. Trafficking and
smuggling. The tight relationship between the three subjects is based on the
historical, social, political and security reasons because:

1. The process of human mobility is natural since human beings need to

exchange goods and instinctively look for a better living standard. Both
Europe and Australia have been attractive continents for immigrants
for decades, however, they have a different historical background of
migration. For Europeans, (labor) migrants were not expected to

18 Graycar, A. Trafficking in Human beings. In Freilich/ Newman/Shoham/Addad (2002).

19 Geddes, A. (2003), pp. 20.

21
 become permanent settlers, whereas for Australia migrants were
needed for nation building in the first place.
2. Both continents however at some point decided to impose a stricter
migration policy in order to control the influx of migrants. The
foreigners became to be seen as a threat to national security, such as
economic stability and social order. This is why the governments found
themselves in need to limit migration. To eliminate the feelings of
insecurity it is in the states’ interest to adopt laws which protect
prosperity in the country.
3. Despite harsh policies and increased security measure at the borders,
the migration flow did not diminish. People who cannot apply for the
EU or Australian visa legally try to reach the destination country in the
illegal way. As long as the supply and demand side of illegal migration
will be balanced, people will risk their life to change their life.

Diagram 1. Migration Circle.

1.1.Border security and trafficking opportunities.

‘’Over the last three decades more and more countries

have imposed immigration restrictions.

The resulting imbalance between possibilities to emigrate

and new obstacles to immigration

has created a large illegal market

for trafficking in human beings (…)’’20.

In the previous section we have examined the relation between the

migration process, migration policy and trafficking in human beings. The
results showed that migration policy is needed to regulate the migration

20 Freilich/ Newman/Shoham/Addad (2002), pp.16.

22
process, seen as a natural process for human beings to change territory.
What we have also proven is that trafficking and smuggling are a part of the
migration process, and occur when a legal border crossing is impossible.

The aim of the following section is to have a closer look at the reasons
for border security and its impact on crime opportunities in relation to illegal
border crossing. At this stage of the research we pose the assumption that
the policy of “fortress continents” has a negative impact on fighting
trafficking and smuggling. This is why we operate with the following
hypothesis 2: the policy of closing borders (“fortress continents”) increases
opportunities for traffickers and smugglers. As we will try to present in this
section, the policy of fortress continents is oriented towards state security
and fails at the stage of human security.

1.1.1. Border security in the 21th century

It is argued that in the last decade border control over the Western
World countries has gradually increased. Both the visa applications for labour
migrants and asylum seekers have become an increasingly difficult process
to fulfill and obtain. For that reason a migrant from the third country might
find it hard to fulfill all the conditions. Moreover, the demand for unregistered
labour migrants (mainly women and children), still fuels the business of
illegal border crossing. As we have mentioned before, the restrictive
migration policies were mainly adapted in the name of the national interest
such as economic prosperity or state’s territorial integrity.

Before analyzing trafficking and smuggling as criminal activities we will

first look closer at the background of restricting border crossing. Both
continents of our analysis, Europe and Australia, seem to have very similar
reasons for stricter migration policy, however, the time frame and
circumstances of the policy implementation had a different background.

Europe in the late 1990s has already experienced the outcome of a

massive influx of labor immigrants in previous years. The problem with
discrimination against migrants as well as the lack of integration of the
migrants in the new society has greatly contributed to the change in
migration policy. When European integration reached the stage of less or no
restrictions on the external borders through the Schengen Agreement, it
became harder for the third country nationals to enter the EU. On the basis
of the Schengen Agreement, the signatory countries agreed on the common

23
visa requirements (for the third country migrants) and illegal migration
detection through SIS and SIS II.21 It is a matter of a common responsibility to
keep the external border as secure as possible and report any incidents of
illegal border crossing. It has to be mentioned that the notion of border
security came back on the EU agenda after the events of the 9/11 in the US.
The terrorist attacks spread the feelings of insecurity around the globe and
forced the EU to tighten the migration and asylum seekers policies.

How these policies affected international trafficking and smuggling

depended greatly on the geographical position of the country. Countries like
Spain, Italy, France and Greece have been the most vulnerable for illegal
migration attempts for many years. Today the Balkan countries as well as
the new EU Member States such as Romania, Bulgaria became increasingly
popular transit countries for traffickers and smugglers. Women and children
are still the likeliest victims of trafficking. 22

In Australia, the change in migration policy has been debated at least

two years before the 9/11 terrorist attacks and the global feelings of
insecurity. What has caused the major shift in the migration policy was the
so-called “Tampa incident”. In August 2001 the Norwegian vessel rescued
more than 400 asylum seekers from a sinking boat near the Australian shore.
The Australian government refused them entry and sent them to Nauru to
claim the asylum from there. This became a part of the new Australian policy
against illegal migration which aimed to cut the smuggling business of “boat
people” arriving to the Australian shore to request asylum. The policy called
“pacific solution” has found supporters among Australian society. The
decision to limit the “boat arrivals” has been justified by the government
since “the number of unauthorized boat arrivals in 1999-2001 was 8,316
compared with 4,114 in the previous two years; the shift in the nationality
profile away from Asian to Middle Eastern origins; more than 80 percent in
the last two years claimed asylum compared with 46 percent; people
smuggling has increased in significance, with Indonesia now becoming the
main staging point for people arriving from the Middle East and
Afghanistan”.23 This shows that the Australian concerns of the border security
and integrity started to increase before the 9/11 attacks. The feelings of
insecurity spread after the terrorist attacks made the migration policy even
21 Rudolph, C. (2006), pp. 213.

22 Shelley, L. (2009) pp. 11.

23 Hugo, G. (2002) pp. 38.

24
stricter. Moreover, similarly to Europe, the migrants’ integration did not
succeed as estimated causing mixed feelings among society about new
arrivals.

What we are now experiencing is a change in migration policy on the

EU level into less strict and more oriented into skilled migrants. What we will
discuss later in the paper, is that this change might help in preventing
trafficking and smuggling.

Although, there are slight differences between European and

Australian backgrounds of migration restrictions, the process of trafficking
and smuggling is similar for both continents. As it has been revealed, the
most vulnerable groups for trafficking and smuggling are young women and
children, fulfilling the demand for forced labor such as prostitution. The
economic and political hardships in their home country make them pay large
amounts of money to smugglers and risk their lives in search of better
opportunities in other countries. In many cases, smugglers turn out to be
traffickers and make their clients the victims of trafficking. The involvement
of organized crime is quite obvious, since trafficking and smuggling is a very
profitable business. From the victims’ point of view, it is the most painful
offence. Among the victims of trafficking, the mental damage caused by
sexual or labor exploitation can be far worse than any physical damage.

What constitutes a complete chain of trafficking24 is firstly the

recruitment of potential victims. People are tempted to change country when
promised higher salary and better living conditions.

The following stage in the trafficking chain is transportation. This

includes mainly conditions dangerous for health which in many cases cost
lives. Transportation into the Australian continent takes place mainly by the
sea. In most cases, people try to reach the northern shore of the country at
night on rusty boats.

Similarly in Europe, the sea is the transit area for traffickers and
smugglers. In addition, Eastern Europe nowadays became an important
transit land strip. People are trafficked (or smuggled) under or in trucks
during international routes. These tracks are sometimes filled with

24 Shelley, (2009), pp. 26-45.

25
dangerous cargo causing the death of illegal passengers before they reach
their destination.

After arrival to the destination place the journey mainly ends for the
smuggled persons whereas for the victims of trafficking, the exploitation
begins. This is the next stage on the trafficking chain and might involve
sexual exploitation, organ trade, and forced labor etc.

The last stage is laundering of the profit gathered through exploitation.

This is seen as a rule to fulfill since the profit of illegal work constitutes an
illegal income for traffickers.

We should remember however that the process of trafficking is a

subject to change. As Makarenko states, “although the stages of trafficking
appear relatively straightforward, the one chain can take years to complete,
and the end of one chain can often act of the first of a new chain”. 25

Most of the victims of trafficking in Europe are women from Balkan

countries, Russia, Ukraine, but also Nigeria and Guatemala.26 In Australia,
most of the victims of trafficking are women from the South East Asia and
Oceanic Islands.27 It has to be admitted however, that trafficking within the
states’ borders is also possible. Moreover, male victims of traffickers are not
an exception. As presented in the Europol report on Trafficking in human
Beings in the EU, “since the expansion of the EU in 2004, there have been
increasing reports of EU citizens being trafficked within the EU having been
deceived about earnings and working conditions; the traffickers involve
specifically seek to target their own nationals for exploitation and recent
cases have highlighted the involvement of Poles, Lithuanians, Romanians
and Bulgarians in trafficking fellow nationals”28.

After developing on the background of migration policy and the

process of trafficking in Europe and Australia we will now provide adequate
statistical data to support my hypothesis 2: the policy of closing borders
(“fortress continents”) increases opportunities for traffickers and smugglers.

25 Makarenko, T. in: Shelly, (2009), pp. 28.

26 Europol Report 2008.

27 Gibney, (2004).

28 Europol Report 2008.

26
 1.1.2. Trafficking statistics

The main sources on trafficking and smuggling data emphasize the

problem with international definitions of trafficking and smuggling in human
beings. The lack of consistency with definition makes it very difficult to build
framework for my hypothesis, especially that the definitions of trafficking
and smuggling tend to overlap. Another problem is that many countries do
not collect data on trafficking and smuggling. As pointed out by Laczko,
“many countries mix data related to trafficking, smuggling, and irregular
migration, meaning that figures are often little more than estimates; the
available data usually concern the trafficking of woman and children for
sexual exploitation; all of this makes understanding the magnitude of
trafficking a tricky business”29. As stated in the Europol’s report on the
trafficking in Europe, “what is clear is the fact that the number of victims is
much higher than the official statistics from investigated cases”30.

What also constitutes a problem with estimating the real annual

number of trafficked and smuggled people around the world is the specific
route of the travel process. Moreover, the victims of trafficking are very often
reluctant to report the offence to the police or refuse to testify.

For that reason I base my assumption on the estimations provided by

International Organization for Migration (IOM), Office of the permanent
Observer to the United Nations31. IOM databases on trafficked people
provides data on the number of victims assisted, their personal data such as
age and country of origin and the travel route of trafficking. 32 According to
the IOM estimation, 250,000 people are trafficked in Europe every year.
Through the Balkan area alone, the trafficking affects around 120, 000
woman and children annually.33

What is seen as a significant change in processing criminalization of

trafficking is that since the opening of the UN protocol for signature in 2000,

29 Laczko, F. art. online.

30 Ibid.

31 In 1992, IOM was granted on Observer Status to the UN.

32 Laczko, F. art. online.

33 UNODC report 2009, IOM website.

27
a number of countries with a specific offence on human trafficking increased
from 8 in 2000 up to 37 in 2008. This is an important step, since the UN
protocol requires states to criminalize all forms of trafficking.

Although, trafficking is seen as a less detected crime, the data

provided by the Report released by the United Nations Office on Drugs and
Crime (UNODC) in 2009, there is an increase in conviction in Romania,
Bulgaria, Denmark, France and the UK.

The data however is barely indicating the relation between harsh

migration policies and increasing opportunities for traffickers and smugglers.
For that reason, I want to base my further analysis on the human security
approach. This is to prove that strict migration policy addresses the state’s
security and fails when providing human security.

What is hidden under human security approach is the complex of push

and pull factors forcing people to leave their home country or falling a pray
of trafficking. As it has been mentioned before, the migration policy
introduced in the Western countries especially after the 9/11 was mainly
oriented to protect the states’ borders from migrants seen as a threat to
national security. This political move is to justify in the name of state’s
security.

On the other hand, the policy of “fortress continents” increases

opportunities for traffickers by not addressing the need for human security.

Firstly, trafficked people suffer frequently more serious workplace

injuries when working in unprotected places. Because of the lack of health
insurance or any legal documents, they are refused medical care if the
accident happens. Trafficked prostitutes are frequently forced to have
unprotected sex which will give the explorers more money from clients. As a
consequence, more venereal diseases are being spread and more women
suffer without access to medical care.

Another social consequence of the trafficking is a demographic decline

of population for the countries affected by trafficking. Because of the lack of
knowledge where the trafficked person is transited, families loose contact
with kidnapped/ trafficked person. What is more, trafficking as a highly
profitable practice provides money to buy guns and drugs, and increases
violence towards victims of trafficking.

28
 When looking at the political consequences of trafficking, the most
important is the political system in the country of origin. In most of the
cases, the victims of trafficking come from the countries of authoritarian
system where the violation of human rights is a common practice. When the
government is deeply into corruption, the state’s capacity to provide security
and protection of human rights is shrinking. Without any doubt, conflict areas
foster trafficking of people since in the conflict time many women and
children are displaced and impoverished. This was the case with the Balkans
during the conflict.

On the other hand, the countries of destination also lack a standard

level of protection for the victims of trafficking. Every country has the right to
evaluate who is the victim of trafficking and who is an illegal migrant
according to his will. In many countries prostitution is seen as an illegal job,
an offence towards the state. Therefore, the prostitute is first considered a
criminal, not as a victim of sexual exploitation.

For that reasons, the policy of “fortress countries” do not protect the
aspects of human security. People chose the method of illegal border
crossing or fall a pray of traffickers because the policy does not provide the
protection for individuals. What is however protected is the state security.

1.1.3. Summary.

The aim of this subchapter was to test my hypothesis 2: the policy of

“fortress continents” increases opportunities for traffickers and smugglers.

Statistical data provided by International Organizations for Migration

indicates that the estimated number of the trafficking and smuggling is still
high. The data also indicates that a number of trafficking convictions is
increasing in many EU countries.

The number of asylum seekers increased after the 9/11 as a consequence

of the US invasion in Afghanistan and Iraq. What has been proven is that the
policy of “fortress countries” fails to address the aspect of human security
when dealing with illegal migration. The policy is however oriented towards
state security.

To sum up, the border security increases along with stricter migration
policy. At the same time, the more harsh migration policy, the more people
try to reach the destination country illegally. This shows clearly that these

29
countries base their policy on the state’s security only. The aspects of human
security which constitute push and pull factors for trafficking and smuggling
became a matter of less attention. For that reason I believe the policies of
“fortress continents” increases opportunities for traffickers and smugglers.

1.3. Research findings

In this chapter we tried to find an answer to my first research question:

“why is the change in migration policy seen as a crucial preventive measure
in the fight against THB”?

My research findings were presented in two stages;

1. By testing the first hypothesis we have proven that there is a tight

relationship between the migration process, migration policy and
trafficking in human beings.
2. When providing analysis for the second hypothesis we have proven
that the policy of “fortress continents” increases opportunities for
traffickers and smugglers.

To sum up my research findings, the change in migration policy is seen as a

crucial preventive measure because:

a) The migration policy is in a tight relation with the migration process

and affects trafficking in human beings according to diagram 1. The
migration process is seen a consequence of a natural human behavior.
Therefore, trafficking and smuggling might also be seen as a natural
course of action when the migration flow is restricted by countries. This
is why a change in migration policy will affect the process of trafficking
and smuggling.
b) The current policy (called “fortress countries or continents”) fails to
address the aspects of human security. When putting emphasis on
border security and protecting national economy from immigrants, the
countries forget to address the aspect of human security, which is a
complex of push and pull factors for trafficking and smuggling. In many
cases the policy is not addressing any of them but protecting state’s
security (such as state’s national economy). For that reason, a change
in migration policy will affect trafficking and smuggling.

30
 - Chapter two -

In the last few years the European Union has been working on a
common vision of migration policy. During the process of negotiations, the
governments have also been facing duality in public opinion – being too
harsh on one hand or not being strict enough on the other. As the outcome
of the years of debating the new vision of European migration policy and a
common asylum seekers policy, the EU elaborated the Immigration Pact34.

The Pact was adopted by the Member States on the 15th-16th October
200835 and concerns legal and illegal migration, border security and the
policy towards asylum seekers. The Pact is seen by many analysts as a
positive step towards fighting illegal migration, especially trafficking and
smuggling. To test that opinion we pose a following research question 2: why
is the EU Immigration Pact seen as a positive solution in fighting trafficking
and smuggling in human beings? In order to find an answer to my RQ2 I pose
hypothesis 3: the EU Immigration Pact is designed to fight trafficking and
smuggling when compared to the Australian Migration Policy.

In this chapter we are going to evaluate the latest migration policy in

Europe and Australia with a special regard to their role in preventing
trafficking and smuggling in human beings.

We are going to start with a short overview of the migration policies in

both continents and then compare their role in the prevention of trafficking
and smuggling. In order to present a proper comparison study, we base our
analysis on the following criteria:

a. Addressing and promoting legal migration such as skilled migrants

taking into account economic profits for ageing Europe; this may
also prevent from illegal employment.
b. Addressing illegal migration; this is the detection of illegal migrants
and sending them back to their country of origin.

34 The official name of the act is: European Pact on Immigration and Asylum, however the
literate uses names as “immigration Pact” or just “Pact” which has in mind the same act.

35 Fallowing A Common Immigration policy for Europe: Principles, actions and tools, of June
2008. http://www.epim.info/docs/documents/Common%20Immigration%20Policy%20for
%20Europe%20%28Commission%2017th%20June%202008%29.pdf

31
 c. the border security since the trafficked and smuggled people have
to first cross the border to enter the destination country, this is why
detention of smugglers and traffickers as well as stopping illegal
migrants on the border is an important matter;
d. the policy towards asylum seekers and refugees since a large
number of people are forced to leave their country (for instance
because of unstable political situation) and as a consequence they
may fall a pray of trafficking or decide to pay smugglers for transit.
e. Victims support and protection programms; helping victims of
trafficking.
f. Cooperation with the origin countries of the largest number of
trafficked and smuggled people to set up awareness companies and
coordinate detection and prevention programms.

I consider the factors mentioned above crucial in addressing the problem of

trafficking and smuggling.

Taking into account all the factors we are going to indicate how the
provisions of the EU Immigration Pact can positively contribute to the
prevention trafficking and smuggling. We decided to compare the migration
policy of the EU to the Australian policy as it is seen as a model policy for
many years.

2.1. Evaluation of the EU Immigration Pact.

The main goal when debating on the EU Immigration Pact was to find a
solution in regulating immigration, integration and asylum policies. This was
in regard to fighting illegal migration and to stop illegal entrances into the EU
territory. Knowing however how important immigrants are for the European
economy, the Pact was elaborated with respect to economic and
development profits for the countries of origin and for the hosting country.

In regard to this, international migration is seen in the Pact as “a factor

of human and economic exchange”. On the other hand however, the Pact
emphasized Europe’s limitations when receiving migrants: “the organization
of immigration must consequently take account of Europe’s reception
capacity in terms of its labor market, housing, and health, education and
social services, and protect migrants against possible exploitation by

32
criminal networks”36. This is certainly the issue for all countries with a rich
migration history; however, the countries’ capacity to accept immigrants is
hard to evaluate. This is the reason why the last decision voice on the
migration policy lies at the national level. The Migration Pact is a general
guideline for the Member States to agree on common goals and procedures
to regulate the migration process. When signing the Pact, Member States
expressed their will to strengthen cooperation in the areas of legal and illegal
immigration, border security and asylum issues.

The Pact is seen as an agreement addressing and balancing two

important issues; legal migration for economic reasons and illegal migration
for security reasons. I definitely see it as a better chance to succeed on the
labor market on one hand, and as a higher chance for deportation on the
other hand.

The opening provision of the Pact is focused on the organization of

legal migration with regard to the state’s capacities.37 This is to encourage
opening of the labor market for highly skilled non-nationals, which increases
legal employment. I consider this provision as a positive step in fighting grey
and black labor market. These markets are very popular among trafficked
and smuggled persons. In my opinion, more legal work permits issued by the
EU authorities, greatly diminishes the chances of persons being exploited.
After reaching the destination country with a work permit, immigrants have
higher chances of succeeding on the legal labor market and, most of all; they
can rely of the insurance and judicial services. In this case the employer is
bound by safety procedures towards foreign workers which may decrease
work injuries. Moreover, legal migration has a positive contribution to
national economies for the host and origin countries, which is emphasized in
the Pact.

Apart from working in the sectors of less interest among natives, labor
immigrants pay taxes, rent accommodation, pay insurance etc, and spent
money on living and entertainment. To put is simple, labor migrants
stimulate the economy of the host country. For the country of origin, this
means a lower unemployment rate and stimulation of economy by migrants’
remittance. In many cases, sending highly skilled workers abroad is a way of
fighting poverty in the less developed countries.
36 Council of European Union, European Pact on Immigration and Asylum. 24, Sept. 2008.

37 In compliance with the provisions of the Blue Card initiative and the Commission’s Policy
Plan on Legal Migration.

33
 Encouraging circular migration means supporting temporary migrants
who come back to their home countries after the work contract is over. This
is an argument to fight illegal migration on one hand and protect from brain
drain on the other hand. What I consider a vacuum -trap is the lack of stating
the exact numbers of labor migrants to be accepted every year under
program “skilled migration”. The factual numbers depend on the national
policies and the countries’ ability to welcome foreign labor force. The system
of attracting “the brightest and the best skilled” is therefore not equal in
each country, leaving at the same time lots of confusion and
misunderstanding about its real goal. After all the circular migration can
result in the opposite direction and encourage labor migrants to overstay in
the host country. This has been a case with “guest workers” in Germany and
the Netherlands during the economic boom of the 60 until mid-70s.

In the provisions relating to illegal migration, the Pact emphasizes the

role of sending illegal migrants to their home countries or to a transit
country. Under this provision, all Member States are required to take the
measure of expelling every immigrant caught on illegal stay. This provision is
a part of the Return Directive.38 In the case of economic and humanitarian
issues, the cases should be considered individually, however, the
cooperation between the host and origin country aims to control the flow of
migration according to the Global Approach to Migration. The goal is to
successfully fight illegal migration and trafficking in human beings. The
article II b) emphasizes the need for cooperation between countries to fight
criminal organizations involved in trafficking migrants and to set up
information to prevent from crime opportunities. It is advised that the
Member States introduce “dissuasive and proportionate” penalties for
exploitation of immigrants. In the alert procedure in the Schengen
Information System (SIS), an unwelcome person in one Member State
country will be automatically refused entry to other Member State. This is
the case for illegal migrants caught in one of the Member State without legal
documents.

Again, the Pact remains silent about the actual method and extent of
cooperation with the third countries. The aspects of cooperation are left to

38 “The Return Directive establishes a common discipline for all member states to either
expel or grant legal status to all illegally staying third-country nations, in order to minimise
gray areas. This provision echoed by the Pact’s requirement that all “irregular aliens on
states’ territory must leave that territory””. More in the European Pact on Immigration and
Asylum. EURACTIV from 30 September 2009.
http://www.euractiv.com/en/socialeurope/european-pact-immigration-asylum/article-175489

34
the initiative of the Member States. The Pact remains silent also on the exact
method used in order to fight exploitation of trafficked persons and illegal
labor workers. No initiative has been addressed to provide protection to the
victims of trafficking and exploitation after they return home, which remains
only a formal will without a plan for practical implementation.

The third provision of the Immigration Pact relates to the border

security and calls on more effective detection of illegal migration as well as
trafficking and smuggling. The Pact emphasizes the aspect of solidarity
between Member States in providing resources to combat illegal border
crossings on the land, sea and air.

As it has been mentioned before in my dissertation, the increase of

security on the borders may turn out to have an opposite effect and increase
illegal border crossing. This is however a case when a strict border control is
introduced without any backing policy addressing illegal migration. Giving
more possibilities by “opening up for labor migrants”, a simultaneous
increase of border security has a right to succeed. Moreover, border security
is an important factor in fighting trafficking and smuggling, especially for
Mediterranean countries and Eastern Europe. For that reason, Frontex
agency is given resources to strengthen control on the external borders of
the EU and if necessary, to set up offices “to take account of the diversity of
situations, particularly for the land border to the East and the sea border to
the South”39. For the purpose of better cooperation and information
exchange the Pact emphasizes the role of the latest technology
developments in biometric visas, which is a part of the Visa Information
System (VIS). The aim is to rely only on the electronic system to control
entry and departure on the EU territory from 2012.

The provision aims are to not let illegal immigrants enter the EU
territory, but is this going to be successful in fighting trafficking and
smuggling? Crossing the EU border is definitely a transportation part of the
trafficking/ smuggling process. The way to enter the EU territory during
check-in at the external borders or airports can only take place by showing
documents such as ID-cards, visa or asylum passport. With an increased
level of security measures such as biometrics or surveillance techniques,
crossing the border without legal documents is barely possible. However, this
is not the case for traffickers and smugglers. Their opus operandi is rarely to

39 Council of European Union, European Pact on Immigration and Asylum. 24, Sept. 2008.
Pp. 9.

35
use fake-documents for border checks but it is to avoid the check-in at all.
Therefore, it is important to make the external border extremely tight by
checking every land, sea or air cargo in details. This is however another
extreme measure to take, impossible to fulfill. This is why I consider the
border security as only a complementary measure to fight trafficking and
smuggling at the stage of transition/ transportation. It does not address the
fight against people’s exploitation which is a part of the human security
aspect. What is does however is to address the states’ right to decide on the
entry into the European Union territory.

A large space in the Immigration Pact is dedicated to the provision on

the asylum seekers. The negotiations on the Common European Asylum
System (included in the Hague programme) have started long before
debating on the Immigration Pact as such. The direction taken by the
European Union aims to harmonize the asylum seekers policies in the
Member States which will lead to a common asylum policy. The Pact offers a
support by means of European asylum support office with a task to proceed
and exchange information between institutions dealing with asylum
applications. The Pact urges to fully implement the Common European
Asylum System “to offer a higher degree of protection, as proposed by the
Commission in its asylum action plan”40. Beside the higher protection, the
Pact sets up a deadline to fully implement a single asylum procedure, which
is until 2012.

How the “new” asylum regulation procedure can contribute to the fight
against trafficking and smuggling? This can definitely easier the procedure
for awaiting asylum applications and shorten the time of decisions. This may
encourage people from conflict countries to apply for a status of asylum
seeker rather than trying to improve their lives with help from smugglers. In
the case of facing a massive influx of asylum seekers, the European Council
establishes procedures to find a solution for that country as well as to avoid
abuse of the asylum system. On the down side, the Pact leaves the criteria
for protection and the grants to be decided on the national level which also
means that an application refused in one country can be accepted in other
countries.

With regard to the people who request protection on the basis of

refugee rights the Pact advices to strengthen cooperation with the Office of

40 Council of European Union, European Pact on Immigration and Asylum. 24, Sept. 2008.
Pp. 11.

36
the UN High Commissioner for Refugees, and by elaborating together the
proposals for the third countries to improve their protection systems.41

In the final provision of the Immigration Pact, the role of creating

synergies with the countries of origin and of transit encourages development
in these countries. As it states in the Pact: “migration must become a major
component in Member States’ and EU external relations, which presupposes
examination of the quality of the existing dialogue with each third country on
migration”42. The dialogue and cooperation with the third countries is needed
because the non-Europeans are the ones to whom the Pact is applicable. The
decisions presented in the Pact affect largely the third country nations who
have to follow the European law. As stated by Claudio Fava from PES, Italy,
“immigration is not a European but global phenomenon, so the EU must
become a global partner, supporting development and democratization
process”43. Therefore, the counties of sending labor migrants and asylum
seekers should be a subject of cooperation with the EU. This is an important
aspect when promoting circular migration on one side and preventing from
brain drain in sending country on the other side.

To what extend this provision of the Immigration Pact can contribute to

the protection from trafficking and smuggling depends on the success of the
cooperation programs between European and third countries. I consider the
value of this aspect the most important when fighting illegal migration. The
aim of the “dialogue” is to support the third countries by offering aid needed
to foster education programs, conflict resolving or/and build up economic
stability. This is to diminish the reasons which push immigrants to leave their
country of origin.

This provision gives a vogue but logic guideline to address the aspects
of human security, as a complex of push and pull factors for trafficking and
smuggling. Thanks to bilateral agreements between the countries, the fight
against trafficking and smuggling can be more fruitful.

The provisions of the Immigration Pact will continue further with the
practical action in the Stockholm Programme after The Hague programme

41 Ibid. pp. 12.

42 Ibid. pp. 13.

43 Claudio Fava in: the European Pact on Immigration and Asylum. EURACTIV from 30
September 2009. http://www.euractiv.com/en/socialeurope/european-pact-immigration-
asylum/article-175489

37
expires.44 In the guidelines of the Stockholm Programme the fight against
trafficking and smuggling in given great attention. The European Council
emphasizes the role of cooperation with the third countries and proposes
establishment of an EU Anti-Trafficking Coordinator (ATC), which “should
contribute to the development of a consolidated EU policy against trafficking
aiming at further strengthening the commitment of, and efforts made, by the
EU and the Member States to prevent and combat trafficking”45. So far the
provisions of the European Immigration Pact are subjects for debate, analysis
and comparison to other countries of rich migration history.

2.2. Evaluation of the Australian Migration Policy.

In the previous chapter we have presented a short overview about the
historical, social and security background of migration in Australia. What we
have emphasized is that Australia welcomed immigrants since the ‘country’s
foundation’ for economic and nation building reasons. Hence migration is a
part of present day political debates. The reason for choosing Australia for
comparison with the EU Immigration Pact is that the Australian Migration
Policy is seen as a successful model for other countries. Since the beginning
of the 21st century, Australia adopted a visa system for candidate
immigrants, which is perceived by many countries as the perfect tool against
illegal migration. For that reason we will now evaluate the policy introduced
to control migration in regard to fighting the trafficking and smuggling of
persons.

The system set up to regulate and control migration in Australia is based

on visa planning levels. The government is aware of the country’s limited
ability to accept a large number of immigrants at one time. It has been
debated for a long time that even a large territory like Australia might start

44 Council of the European Union, Communication from the Commission to the Council and
the European Parliament. Tracking method for monitoring the implementation of the
European Pact on Immigration and asylum. 12 June 2009.
http://www.statewatch.org/news/2009/jun/eu-com-imm-asylum-pact-266-09.pdf.

45 Council of the European Union, The Stockholm Programme – An open secure Europe
serving and protecting the citizens. Brussels, 23 November 2009. At:
http://register.consilium.europa.eu/pdf/en/09/st14/st14449.en09.pdf

38
facing environmental problems (such as water shortage or problems of waste
disposal) with uncontrolled migration flows.46 For that reason, the
government estimates annually the expected number of immigrants who are
welcome to enter the country on common rules. The planning levels include
two programs for immigrants: 1) general migrants program; and 2)
humanitarian program. The first program includes the skilled migrants,
family unification and people from a special eligibility system. The
humanitarian program is designed to welcome refugees and asylum seekers.

Since the beginning of the existence of the Australian country, the labor
migrants were welcome to foster the economic prosperity. This is why the
migration policy puts skilled migrants in first place. The migration programs
for skilled migrants are set up every year and include the annual number of
labor migrants allowed by the government to enter the country. On the basis
of the planning levels, the number of immigrants estimated to receive the
visa accounts for: 133.00-143.00 in 2005/2006, 134.000-144.000 in
2007/2008 and 168.700 in 2008/2009 programms, most of them are skilled
migrant visas47. The aim is to attract highly skilled immigrants who can
positively contribute to Australian labor market. The most “wanted”
immigrants are young people with high qualifications and a good knowledge
of English. This is to address and reduce the ageing of the Australian
population. Does it mean that there are no chances for other potential
migrants?

The system does not discriminate against potential immigrants who want
to succeed on the Australian labor market and it is indeed meant to give a
chance to all. The skilled migrants program directs potential migrants to go
under the points test which means gathering points for: Australian work
experience, English language ability, partner skills, occupation in demand
state nomination, designated language etc. This system gives clear and
equal rights for people planning to immigrate to Australia and succeed on
the labor market.48 This is also to avoid unemployment among immigrants

46 The potential problems caused by unlimited migration were analyzed in the Report:
Resource Futures. CSIRO Sustainable Ecosystems. Opinions to 2050 for Australia’s
population, technology, resources and environment.
www.cse.csiro.au.

47 Australian Government, Department of Immigration and Citizenship, Fact Sheet –

Migration Programme Planning Levels.
http://www.immi.gov.au/media/fact-sheets/20planning.htm.

39
which may result in public nuisance. The state is in control of the annual
number of accepted people and their category of acceptance.

Under the skilled migrants program there are four categories to apply for
the visa: 1. General Skilled Migration, 2. Employer nomination, 3. Business
skills migration, and 4. Distinguish talent. The general idea is to find the
particular job related to the person’s profession and finalize the job contract
before entering the Australian country. In this way, there is no chance to
enter the country in the search for a job. The employer is the one responsible
for the immigrant’s success in the country and should take care of the
further immigration procedures for his or her foreign employee.

According to the Australian migration program, skilled immigrants

nominated by a potential employer are allowed to stay in the country up to
four years. This shows how much Australia appreciates foreign workers to
overcome labor shortage and increasing economic profits, for instance in
creating new jobs or contributing into housing, health and insurance sectors.

The general migrants programme shows that Australia is aware of its

limitations to accept immigrants. The system promotes selection of migrants
in order to profit the most from the foreign workers. It does not however
impose “unattainable rules” to fulfill but logical and consistent guidelines for
acceptance. It aims to concentrate on the profits from labor migrants and to
avoid negative consequences of immigrants’ overstay and their
unemployment in the country. It shows that there is no need for a complete
closing up for immigration but on the other hand the policy emphasizes the
need to fight illegal migration.

The migration policy in Australia is oriented towards legal migration based

on common rules. It is also seen as a policy fighting illegal migration,
especially the “boat arrivals”. Since the “Tampa incident”, Australian
government decided to cut privileges for boat people once and for all. People
caught on an attempt to reach the Australian shore without legal document
are first put in detention centers where they are given time to apply for
asylum. In the case of refugees, the person applying for the status of refugee
has to first meet the UN definition of refugee.

48 However, their occupation must be listed on the Australian Government’s Skilled

Occupations List (SOL). More information at: http://www.australia-
migration.com/page/SOL/43.

40
 Without following this procedure, they are refused entrance straight away.
This is the way the Australian government fights smuggling and trafficking
on the stage of transportation. The aim was to show the smugglers and
traffickers that the boat which left the country of origin will not reach the
destination country.

Stopping trafficking and smuggling is not however equal with stopping

people who really need asylum. Australia has humanitarian obligations to
accept asylum seekers.49 According to the fact sheet posted by the Australian
Government, the humanitarian program set for 2009-2010 provides places
for 13,750 people including 6,000 places for refugees from overseas and
7,750 places under Special Humanitarian Program. 50 The numbers of places
are increasing every year.

In 2004, the Australian government introduced a new measure to fight

trafficking and smuggling or rather to help the victims of the criminal act.
The revolutionary move was to introduce two new types of visas for
trafficked persons that provide temporary or permanent stay in return for the
victims’ input in investigation or prosecution against their oppressors. This
visa also provides protection for trafficked people who are facing difficulties
and danger in returning to their country of origin.

The new visas for the victims of trafficking are not however the only steps
towards fighting the crime. The Australian Government’s Action Plan to
Eradicate Trafficking in Persons51 as well as the Criminal Code Amendment
Act 2005, for trafficking in persons offences are seen as a positive legislative
development to address trafficking.

Apart from considering the victims of trafficking as central in many legal

documents on trafficking, Australian migration policy also emphasizes the
role of rising community awareness in the third countries. The Australian
government is putting pressure on the good relations with the countries of
origin of many trafficked and smuggled persons. The aim is to set up
49 Under UN Convention Relating the Status of Refugees from 1951.

50 Australian Government, Department of Immigration and Citizenship, Fact Sheet –

Migration Programme Planning Levels. Humanitarian Programme.
http://www.immi.gov.au/media/fact-sheets/20planning.htm#a.

51 The Action Plan focuses on prevention, detection, prosecution, rehabilitation and victim
support.

41
awareness campaigns about the potential danger awaiting people who
decide on illegal attempts to reach Australia. It is also to advice potential
migrants on the legal procedure of immigration to Australia and the benefits
that follow. The Australian government has been financing a number of
important initiatives in countries like Thailand, especially about the sexual
exploitation of woman. The goal of cooperation with the third countries is to
promote human rights, development and non-discrimination policies. The
latest development addressing the human rights responses to trafficking in
human beings (developed within the academic field at the University of
Technology Sydney) is the Anti-Slavery Project (ASP). It has been argues
that, “ASP’s work is directly informed by the experiences of victims who
received legal services and advocacy, supportive counseling and other case
management services from its volunteer staff and Sydney Community
Response Network to Assist Victims of Trafficking and Slavery”52.

I consider cooperation with the third countries as addressing the root

causes of trafficking, starting in the country of origin. Only by spreading
awareness and supporting development in the countries which are sending
illegal migrants, the aspect of human security can be addressed. This is why
Australian migration policy is perceives as a successful model policy for
promoting labor migration and fighting trafficking and smuggling.

1.3. Summary.
The aim of this chapter was to answer my second research question:
why is the EU Immigration Pact seen as a positive solution in fighting
trafficking and smuggling in human beings? We wanted to see the Pact as a
more liberal legal act from fortress countries polices. The goal was to
examine why the Pact is seen as a chance in preventing trafficking and
smuggling and to what extend it can be successful when coming into
practice.

The hypothesis posed to find an answer to my research question has

been tested by evaluating the Immigration Pact and Australian migration
policy. The outcome of evaluation shows that Europe is opening towards
legal migration taking an example from the Australian migration programs.

52 http://www.humantrafficking.org/updates

42
This step is taken to emphasize the positive contribution of labor migrants
into the European economy. Thus, migration is seen as an advantage, not a
subject to take extra security measures. As argued by German Interior
Minister Wolfgang Schauble, “it does not transform the EU into a fortress, but
by steering migration flows in the world, it turns migration into an
advantage”53. Therefore, the legal migration is not left underestimated. The
greatest fear when applying the Pact was that it is another act focused too
much on the security issues than on the economic benefits from the foreign
labor force. It appears that the greatest fear from foreigners and the feeling
of insecurity (left after terrorist attacks on the European soil) is finally gone.
The new direction taken by European governments is to emphasize the role
of immigration for the European economy.

My personal reflection is that the Immigration Pact is not as well

designed as the Australian policy because it is not a binding document but
only a political statement or policy guideline about the “common European”
migration policy. This means that the final decision on the migration still lies
on the national level which is a case for issuing alerts in the SIS or deciding
on the acceptance of the asylum application. In my opinion, as long as the
decisions taken in the area of migration policy are non-binding documents,
there will be no real change in this practical matter.

Moreover, the Pact does not refer to real numbers of immigrants

estimated to enter the EU labor market on the basis of labor migrant
permits, which is clearly outlined in the Australian migration program.

Australian policy is seen as logical and practical when estimating a real

number to be accepted every year. A closing up for immigration is never
considered as a real step. It can be said that the country’s history and
prosperity has been built by immigrants. Moreover, we see that the policy is
strictly oriented towards skilled migrants and their positive impact into
national economy. However, it does not mean that Australia is representing a
liberal approach to immigration policy. Beside the skilled migrants visa,
Australia is “on the war path” with smugglers and traffickers. At the same
time, the policy is giving much effort into fighting criminality, partly thanks
to two the new sorts of visas for the victims of trafficking. The reason why
the policy is seen as a model is because it addresses human security at the

53 Wolfgang Schaube in: the European Pact on Immigration and Asylum. EURACTIV from 30
September 2009. http://www.euractiv.com/en/socialeurope/european-pact-immigration-
asylum/article-175489

43
highest level. When not allowing the boats to reach the shore of the country,
the trafficking and smuggling is successfully fought. By supporting
cooperation with the third countries and promoting the human right
approach, human security is given the highest attention.

Where does the evaluation lead us? In my opinion, the implementation

of the Immigration Pact does not bring any revolution in the field of fighting
trafficking and smuggling. It is presented as political instrumentalization of
trafficking. The main argument relates to the misunderstanding of the reality
of trafficking and smuggling. When relating to trafficking, the aspect of
exploitation is involved in most (if not all) definitions. However, the direction
of the migration policy presented in the Immigration Pact leaves this aspect
far away from consideration. Improving border security or opening up for
legal migration (labor migrants) does not address all the aspect of fighting
trafficking. When referring to the prevention of smuggling, the aspect of
push factors should be addressed. The reasons why people chose illegal way
to cross the border should be studied before issuing the law on border
security. Beside the real reasons for illegal migration, the aspect of
organized criminality should also be addressed. For that reason, I consider
the Pact another legal document without much power of change.

On the bright side the provision of legal migration is seen as hope in

the fight against illegal employment since the legal migration is promised to
become more attainable, which is a positive contribution and increases the
legal position of migrants. This is definitely a positive solution introduced by
the Pact.

Conclusion

44
 One might wonder what brought such a large number of immigrants
from distant continents to Europe in the past years, and one might also ask
how come they find the way to come to the foreign country when nearly all
of the Western countries foster the policy of closing borders. The only answer
which comes to mind is that some of them have found an illegal way to cross
the border, according to or against their will.

The aim of this paper was to evaluate the latest development in the
migration policy, the EU Immigration Pact to find out what impact the new
direction of policy can bring into the fight against trafficking and smuggling.
We wanted to see if the (promised) change into more liberal and flexible
immigration approach can actually contribute positively in fighting
criminality.

We have proven my hypothesis one and concluded that there is a tight

relationship between migration, migration policy and trafficking in human
beings which is based on historical, social and economic background. By
testing my hypothesis two, we have revealed the negative impact on the
crime opportunities when imposing harsh migration policies that underline
states security when decreasing the aspect of human security. The research
finding led us to an answer to my fist research question – the change in
migration policy is needed because of the lack of addressing human security
and a negative impact of fortress continents policies.

This led us to the evaluation of the EU Immigration Pact and the

Australian migration policy. The result was that the policy is far from being a
remedy for trafficking and smuggling but it gives hope in the field of
regulating skilled migration.

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45
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49
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50