Abstract
States increasingly prosecute irregular migrants – asylum-seekers included – for their (alleged) involvement in human smuggling during their own migration journey. Based on a literature ...review and interviews with lawyers, prosecutors, judges, and migrants on Sicily, this article provides insight into the nature and scale of this phenomenon in Italy and discusses the effects of criminal prosecution on these migrants’ asylum procedures. From 2015–2018, as a standard operating procedure, roughly 1,300 “captains” and navigators – scafisti (literally: smugglers by boat) – of small dinghies with migrants arriving in Italy have been arrested for suspicion of “aiding clandestine (or irregular) immigration”. Most scafisti are migrants themselves and there are strong indications that they were forced to steer or navigate the boat. These prosecuted migrants face many difficulties in proving duress and are often inadequately advised about the consequences of a criminal conviction on their subsequent immigration procedures. After a conviction, as well as after an acquittal, they are often excluded from official reception centres and have difficulties accessing asylum procedures. When they manage to apply for asylum, they will be denied international protection if they have been convicted. When they cannot be expelled, they may end up in a legal limbo, having to rely on a temporary humanitarian status with strict limitations.
Human security functions to enhance people's welfare by ensuring their survival, protecting their livelihoods, and respecting their dignity. In the contemporary era there are many challenges to human ...security. These include climate change, food and water scarcity, poverty, human trafficking, armed conflicts, and terrorism. International humanitarian law provides a framework for protecting non-combatants, prisoners of war, the wounded, the sick, and medical personnel during armed conflicts.
Two case studies of convicted Afghan people smugglers detail the specific tasks and responsibilities of people smugglers in Indonesia. Academic research has so far overlooked the fluctuant nature of ...smuggling networks, the distribution of roles and the varying involvement of their members and auxiliaries. Attention to these dimensions of people-smuggling contributes to a more nuanced understanding of the operation of these networks in the Indonesian setting. This understanding suggests that entering criminal business networks such as people-smuggling networks is the last option left for failed asylum seekers stuck in Indonesia. More significantly, it makes clear that Australian and Indonesian asylum policies and border politics have, unintentionally, contributed to the evolution of transnational people-smuggling networks.
This article aims to interpret the corporality of migrants as people smuggling objects, with emphasis on the psychosocial experience of clandestine immigration in Chile, to analyze the impact of the ...migration policy on their bodies. For this, firstly we propose the need for a methodological innovation for the study of these "alternative neo-mobilities", as a challenge of the anthropology of clandestine migration. Then we present a systematization of experiences that combine art and collaborative research with migrants in its methodologies, among which is the ‘Spontaneous Theater’ device, which is proposed as an intervention in this corporal methodology. This intervention allows analyzing the subjective dimension of people smuggling, based on three concepts: ignominy, racism, and agency.
El artículo tiene como objetivo interpretar la corporalidad de migrantes objetos de tráfico, con énfasis en la experiencia psicosocial de la inmigración clandestina en Chile, con el fin de analizar el impacto de la política migratoria en sus cuerpos. Para esto, primero se plantea la necesidad de una innovación metodológica para el estudio de estas “neo-movilidades alternativas”, en tanto desafío de la antropología de la migración clandestina. Luego se presenta una sistematización de experiencias que conjugan en sus metodologías el arte y la investigación colaborativa con migrantes, entre las cuales está el dispositivo de Teatro Espontáneo, que se propone como intervención en esta metodología corporal. Esta intervención permitió analizar la dimensión subjetiva del tráfico de personas, a partir de tres conceptos: ignominia, racismo y agencia.
Thousands of people risk their lives to cross the Mediterranean Sea towards an uncertain but promising future. In their journey, they are at the mercy of the organized groups that control the ...corridors to Europe who consider them no more than merchandise from which they can obtain a benefit ... or two: one from the person or their relatives for reaching the old continent and one from their exploitation. This consideration of the migrant as a "thing" makes the thin line that separates smuggling from the crime of trafficking in human beings blur if not disappear. Given this reality, the policy followed by the EU and its member states has been to treat the situation as a strictly irregular immigration problem, without going into the study of the circumstances and vicissitudes that each person has had to pass until they arrive "to safe harbour". This situation erases the possibility of lending such persons the condition of "victim", and after analysing the human and legal problems of such an approach, the article proposes to focus not so much on the migrant who has been the victim of abuses throughout but on the mafias that have made a profit with their exploitation. Along these lines, the text proposes following the route marked out by the Palermo Protocols as well as offering legal frameworks for specific and non-opposing sector areas, which complement the main norm whose object is the fight against organized criminal structures. Also, the article suggests that this crime of traffic be refocused not so much on the consent of the migrant but on that of the trafficker and finally, that the judicial and/or administrative authorities keep in mind the option of applying both legal figures instead of the current practice which alternates between one of other of the two regimes (trafficking or smuggling). With this, perhaps it is possible to fight in a more efficient way than until now against this scourge and in any case, at least a more dignified and humane treatment would be ensured to people who have suffered the scorn of not being considered or treated as what they are, human beings.
The prosecution of migrant smugglers is a central element of Australia's efforts to combat the smuggling of migrants. The large number of migrant smuggling vessels arriving in Australia has triggered ...a great volume of prosecutions of the crew members operating these vessels and, in some cases, the prosecution of the organisers of these ventures. This article explores the available case law, analyses the application and interpretation of Australia's 'people smuggling offences', and examines trends and developments in people smuggling prosecutions in Australia from 1 July 2011 to 31 December 2014.
The prosecution of migrant smugglers is a central element of Australia's efforts to combat the smuggling of migrants. The large number of migrant smuggling vessels arriving in Australia has triggered ...a great volume of prosecutions of the crew members operating these vessels and, in some cases, the prosecution of the organisers of these ventures. This article explores the available case law, analyses the application and interpretation of Australia's 'people smuggling offences', and examines trends and developments in people smuggling prosecutions in Australia from 1 July 2011 to 31 December 2014.
The prosecution of migrant smugglers is a central element of Australia's efforts to combat the smuggling of migrants. The large number of migrant smuggling vessels arriving in Australia has triggered ...a great volume of prosecutions of the crew members operating these vessels and, in some cases, the prosecution of the organisers of these ventures. This article explores the available case law, analyses the application and interpretation of Australia's 'people smuggling offences', and examines trends and developments in people smuggling prosecutions in Australia from 1 July 2011 to 31 December 2014.
This article looks at a case of a juvenile transporter, who ferried asylum seekers from Indonesia to Australia on several occasions, but was arrested and sentenced for his involvement on the last ...attempt. The reasons for exploring this case in detail are twofold. First, the use of Indonesian child labor in migrant smuggling operations is a prevalent practice. Evidence of this is particularly obvious in the large number of Indonesian children imprisoned or otherwise detained in Australia for their involvement in migrant smuggling. Second, we consider how these people fit into the smuggling-trafficking nexus before discussing the concepts of “victim” and “perpetrator” in a case where justice officials do not agree whether a juvenile transporter should be treated as an active perpetrator, and therefore punishable for migrant smuggling, or whether to treat him as a passive victim of trafficking who was deceived into carrying out the crime.
Margins of the market Mathew, Johan
2016., 20160510, 2016, 2016-06-17, Letnik:
24
eBook
What is the relationship between trafficking and free trade? Is trafficking the perfection or the perversion of free trade? Trafficking occurs thousands of times each day at borders throughout the ...world, yet we have come to perceive it as something quite extraordinary. How did this happen, and what role does trafficking play in capitalism? To answer these questions, Johan Mathew traces the hidden networks that operated across the Arabian Sea in the nineteenth and early twentieth centuries. Following the entangled history of trafficking and capitalism, he explores how the Arabian Sea reveals the gaps that haunt political borders and undermine economic models. Ultimately, he shows how capitalism was forged at the margins of the free market, where governments intervened, and traffickers turned a profit.
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