Transnational Organized Crime (TOC): A Major Threat For The World

General Aziz Ahmed

Transnational Organized Crime (TOC), commonly known as Transnational Threat, has grown to be a major concern for countries around the world. Exploiting the scope of globalization and information technology, recently transnational threat has proliferated across borders posing serious challenges to border management and national security. Globalization, for needs of its purpose, has triggered global business, speedy communication, higher mobility, quick financial transactions, and interconnectedness. Consequently, it has also paved the way for the transnational threat to flourish, diversify, and expand their activities. Transnational threat also exploits the scope of quick travel, faster trade, rapid money movements, speedy telecommunications, and information technology for their rapid growth. Organized crime today affects almost all the states from the perspective of threat to national security, socio-economic and political infrastructure, and territorial integrity.

“Transnational organized crime involves committing of criminal business activities by organized groups or permanent criminal networks. They usually work in more than one country” (Reuter & Petrie 1999). “Organized violence and corruption are the usual means they adopt to pursue their mission” (Finckenauer & Voronin 2001). They are a non-military threat in nature. Objectively they differ from terrorism. The objective of transnational threat is economical, while the objective of terrorism is mainly political. Transnational crimes commonly include smuggling, drug trafficking, money laundering, human trafficking, illegal trade of weapons and explosives, secret and illegal trade of endangered species, body parts or nuclear material, cybercrime, and many more. Transnational crime is and will continue to be an issue of prime concern to policymakers in the 21st century.

 

There are multiple reasons why transnational security threats have grown to be of serious concern to various nations or states. “First, the detrimental effects and consequences of transnational threats do not remain confined to one state only; rather spill over to countries. Second, transnational threats systematically damage the economic, social, and political development of the subjected country or countries. Third, transnational threats are difficult to be dealt decisively due to varied national-level legislation and lack of transnational collaborative mechanisms. Fourth, in recent times, the favorable environment provided by the failing and weak states, ungoverned territory and even the ethnic or cultural enclaves in the stable states helped in the rapid proliferation of transnational organized crime” (BIPSS 2010). The transnational threat networks, along with terrorists and radicals, tend to blur the lines of territorial integrity. “Transnational crime ring activities weaken economies and financial systems and undermine democracy” (Voronin 2000).

Defining Transnational Threats

Understandings of transnational threats or Threats are difficult to define with absolute authority. The reason being there is no solitary definition of transnational threat. However, the general concept of transnational threat or transnational threats is available in different sources. Although many of these crimes have prevailed for long, “the term ‘Transnational’ was first used at the Fifth Congress of the United Nations for the Prevention of Crime and Treatment of Offenders in 1975. The subject congress dealt with the issues of both transnational and national dimensions of criminality” (Dorvedic 2007). In the contemporary period, pioneers like Pakes (2004), Dammer (2006), and Reichel (2008) viewed transnational crime with a different lens while summarizing the comparative criminal justice systems. The conceptual distinction between transnational crime and global criminology was enumerated by Friedrichs in 2007. These authors over the first decades of the 21st century defined the scope, dimension, nature, and parameters of transnational threats in their works.­

However, the United Nations Convention against Transnational Organized Crime (UNTOC), as declared on 15 November 2000 was an important step in defining transnational threats. The convention characterized a criminal act to be considered as ‘Transnational Threat of Transnational Organized  Crime ’ (UNTOC 2000) when:

a. “The crime is committed across more than one state.”

b. “It may be committed in one state, but its planning, conduct, and control spread over other states.”

c. “It is perpetuated by an organized criminal group that is organizationally engaged in criminal activities in more than one state,” or

d. “It has substantial impacts in other states, although it may be committed in one state.”

The UN convention above focuses entirely on the transnational nature of the transnational threat. It marks transnational threat as a crime that is perpetuated in more than one country either in any scope of its preparation, or planning, or execution. It also highlights that transnational threat is committed by any organized group who adopts criminal activities for pursuing their objective. Nevertheless, the convention does not indicate the objective and means of methods employed by the transnational threat. However, the objective and methods of the Transnational Threat are indicated in the definition provided by the FBI.

The FBI characterized the transnational threat as “any criminal act conducted by a criminal group networked over more than one country having a formalized structure with the motive of financial gain through criminal business ventures. Such groups maintain their position through the use of actual or threatened violence, corrupt public officials, graft, or extortion, and generally have a significant impact on the people in their locales, region, or the country as a whole” (FBI 2002).

The definition of the FBI includes the objective of a transnational threat as financial or economic gain. It also indicates that the transnational threat tends to achieve its objective through illegal activities. Illegal activities may include actual or threatened use of violence, graft, extortion, and so on.  It also indicates that the transnational threat maintains its position or performs through an organized nexus of corrupt officials and criminal groups. The definition also highlights the prevalence of local, regional, and countrywide impact of the transnational threat. However, the transnational dimension of transnational threat is not reflected in the FBI’s definition.

Peter Lupsha from the University of New Mexico, in his research, tries to give a comprehensive definition of transnational threat. While defining, Lupsha enumerated a few key characteristics of transnational threat. “Firstly; he mentions the structural and pervasive nature of the crime. According to him, transnational threat prevails over through a structural framework based on developed tasks, roles, status, accountability, and responsibility.  Secondly; he describes the use of a large amount of money, the threat of violence or actual violence, a nexus of corrupt officials, agents, and associates as the means applied to perpetrate transnational threat. Thirdly; he specifies the goal or objective of transnational threat to be an accumulation of large sums of capital which is later invested or spent both in legal and illegal processes to maximize the wealth and sustain its network and activities” (Lupsha 1981).

However, having read and analyzed the definitions from different sources and perspective, we can finally define the transnational threat as follows;

Transnational threat refers to the pervasive nature of organized crimes which are conducted transnationally across the boundaries of one or more states by hierarchical organizations or networks with the primary aim of earning financial benefit through illegal business activities.    

History and Evolution of Transnational Threat

Although the term ‘transnational threat or Threat’ gained prominence around the mid-70s, yet, many claim its existence before the term came in vogue. Many security practitioners even argue that there is nothing new to the phenomena of transnational threat.  Their verdict proves not to be wrong if we consider transshipment of slaves from one continent to another as the origin of human trafficking. Piracy and stealing of antiques or valuable things and selling them to another king or monarch were also very common in history. Conducting illegal business across the border through bribing or illegal gratification to government machinery or involving them that transnational threat commonly adopts was also in vogue in ancient city-based states. “Tom Naylor argued that the smuggling of highly taxed tea into Britain in the 18th century was a large-scale transnational threat activity, even involving corruption on the part of governments and legitimate corporations. The opium wars of the 19th century were initiated by a government-sanctioned cartel, the British East India Company, seeking to expand its market against the wishes and laws of the Chinese government. The Japanese government in the period between World War I and II was a principal supplier in the illegal cocaine market, developing coca fields in Formosa for that purpose” (Reuter & Petrie 1999).

Though we can trace back the origin of each category of transnational crime throughout ancient history, it was not formally recognized until the first half of the 20th century when the world felt the need for organizing ‘International  Policing’ (Interpol) to deal with certain types of crimes that occur across the states. However, “the concept of ‘transnational crime’ from a criminological perspective originated in the mid-1970s when the United Nations used the term to identify certain criminal activities which transcend national jurisdictions. In 1995, the UN identified eighteen categories of transnational and, mostly organized criminality. The transnational crime was then defined as ‘offences whose inception, prevention and/or direct or indirect effects involved more than one country” (UN Doc. A:  CONF 169/15/Add1 1995).

Nature and Attributes of Transnational Threats

Not a Domestic Crime

One of the most important aspects of understanding transnational threat is how it differs from domestic crimes. There are innumerable types and patterns of domestic crimes happening every day around the world. Theft, shoplifting, robbery, bribing, kidnapping, fighting, land grabbing, forceful occupation, raping even killing are a few of the many crimes that happen daily. However, these are not categorized as a transnational threat. Questions may arise here as to what makes transnational threat different from domestic crimes.

Domestic crimes are localized in nature. They prevail in the day to day life in a street, city, and village, or for that matter in any area. They are localized in nature and organized or perpetuated by local criminals or groups. The transnational threat, by its nature, is not local crimes but generally involve spaces and grasp from across the states.

Domestic crimes are normally carried out by an individual or small groups. Contrarily, a transnational threat requires more people and deliberate planning. Transnational threats are conducted systematically under a permanent organizational structure through pervasive illegal activities over a substantial time. One of the simplest examples can be cited as robbery of a jewelry shop in a city market by a local group of robbers is a domestic crime while smuggling of gold from the Middle East to South Asia by an international syndicate is an example of a transnational threat.

The objective of domestic crime can be economic, personal vengeance, revenge, establishing dominance, or even ideological, but the ultimate objective of transnational threat is large, illegal economic gain. Transnational threat groups may resort to other crimes like the use of violence, abduction, kidnapping or any other, but only to supplement their ultimate objective of gaining illegal economic profits. 

Another important issue that separates domestic crimes from transnational threats is that being local or within the state boundary, domestic crimes can be tried by state law. On the other hand, as transnational threat occurs in spaces of more than one state, thus, trial by single state law is a complex matter for the latter. Thus, to summarize the differences of transnational threat from regular domestic crime, we can postulate the following differences:

a. Space Dimension. Domestic crimes are local, whereas transnational threats are perpetuated involving spaces across the states or at least in more than one state.

b. Organizational Dimension. Domestic crimes can be committed by an individual or groups, but transnational threats are conducted by more people and deliberate organizational planning.

c. Time Dimension. Transnational threat planning and execution prevail over a long time, whereas domestic crimes can happen in situ also.

d. Legal Dimension.  Domestic crimes being local can be tried by state law, whereas transnational threats cannot be tried by state law of any one single country.

Trans-nationality

The basic attribute of transnational threat is that these crimes are conducted across the border of states; at least across one border. “Inclusion of the term “transnational” signifies its international characteristics that define that organized groups committing such crimes work through a chain of an interlinked criminal network across more than one state” (Dordevic 2007). This transnational dimension of transnational threats is the distinguishing feature that marks the difference between domestic and other crimes.

Transnational threats are basically a long-term pervasive chain of illegal business activities over vast geographical areas. It may be across countries, regions, and continents. The geographical area or spaces over which transnational crime will spread depends on the area of production/collection, channeling route of the product, and area of marketing. If we analyze the world’s famous drug smuggling route/channel named ‘Golden Triangle’ and ‘Golden Crescent’ in figure 6.1 below, we can have an idea about the magnitude of the transnational characteristic of TOC.  Here Afghanistan and few South-East Asian countries are the production area of opium while Europe and the USA are the major marketing areas of the product.  From the point of production, opium is trafficked to Europe and the USA following two channels. The westward channel is through Asia to Europe and the USA while the eastward channel is through East Asia to the USA. The conduct of such illegal drug trafficking over 2/3 of continents and several countries depicts the magnitude of transnationality of transnational threats. Scope of transnationality for transnational threats is better described in the UN Convention that marks transnational threat as a crime that is perpetuated in more than one country either in any scope of preparation, planning, or execution.

Hierarchical Structure of the Organization

 

Figure 2.1: Golden Triangle and Golden Crescent

Organization of transnational threat assumes special significance, thus, includes the very word ‘organized’ in its name. “Transnational Organized Crime (TOC) groups and networks are generally organized on a hierarchical basis. Membership is highly restricted. However, for contingency situations, nonmembers are also integrated for any particular crime” (Abadinsky 2010). It normally works under a structure with various grades of authority from lowest to highest and relies on a defined obligation of mutual trust and privileges.

In a research Abadinsky also termed “organized crime as a non-ideological enterprise”. He further added that “organized crime network is organized on a hierarchical basis, with at least three levels/ranks” (Abadinsky 2010). The levels in hierarchy may include a minimum of three levels as ownership level, midlevel, and working level. Ownership level is comprised of the group leader mainly who organizes the conduct of the crimes and his close allies. Midlevel includes the deputies who plan and coordinates the conduct of the crimes. Finally, the working levels are the lowest tiers who conduct the crime of illegal business.

The organizational structure may spread to a minimum of three branches such as core functional group, supporting group, and security group. Core functional groups are the integral persons who lead the crime group and activities. Their tasks comprise leading, planning, organizing, and executing the crimes. Supporting groups may include both integral and personnel from outside organizations, corrupt government officials and associates whose support is necessary for the conduct of the crimes. Security groups normally comprise integral personnel who are involved in ensuring the security of the conduct of the crime.

Around these groups, there may be agents, collaborators, and associates based on functional need and requirements. However, whatever may be the level and branches, two basic attributes of Transnational Organized Crime (TOC) groups are (i) centralized authority and, (ii) teamwork. Centralized control and authority are vested to one or few influential individuals, and teamwork involves the association of criminals and various supporting organs and agents, which is relatively permanent.

Abadinsky (2010) describes that hierarchical and functional positions in the TOC Groups are normally based on kinship or friendship. However, in many cases, it is also assigned according to skill, ability, and strength. Permanency of the positions depends on the individual’s loyalty to the survivability of the enterprise and their commitment to materialize the objective of the organizational entity. There are struggles for monopoly in a particular territory. Use of violence and/or bribery is common to enforce order and discipline. Explicit rules, oral or written, are also institutionalized by exerting the fear of sanctions that may even include death.

Nexus and Links

By nature, the transnational threat is conducted across the boundaries of states over a vast geographical area continuously for a longer time. Be it drug or arms trafficking; for smuggling or human trafficking from one region to another or, one continent to another, any transnational threat needs to avoid laws, checking and guarding in borders, air, sea or land ports, avoid detection in long routes through which the illegal goods are carried, or temporary stoppages where goods are stored. Such continuous and lengthy passage of crime and criminals can only be sustained through an effective nexus and links with corrupt officials and associates.

Thus, forming nexus and links with corrupt parts of the government and social elements in various parts en-route is one of the basic requirements of conducting transnational threat. They form this criminal nexus gradually over the years. They initially penetrate the corrupt segment of the government and society through bribing. Law enforcement agencies, judiciary, and border management agencies are the primary organs they target. Later they expand involving more and more individuals and institutions. At the final stage, they integrate the corrupt political and business segment of society. Gradually, they form so powerful a nexus and collaborators that their criminal business activities remain immune to legal consequences. The nexus and links do not remain confined to one state only. They extend this network in several countries of the region and recent days they can expand it globally.

Non-Military Threat

Another basic attribute of a transnational threat is that it is primarily non-military. This attribute derives from their very nature of the objective of TOC. The objective is purely economic gain through illegal business. The parameters of organized crime involve smuggling, human trafficking, money laundering, illegal migration, or any of this crime that does not involve military means, though may resort to it for execution purpose.  Power and control are their secondary motives, while the primary one remains as large monetary benefits.

As their primary purpose is not power or control or for that matter pursuance of any political or ideological vision, the use of military means remains subdued. Consequently, in principle, they do not include any armed terrorist or insurgent groups, as they pursue a purely non-military objective. They rely primarily on financial power to keep their business functional than by armed power. They normally do not adopt violence but bribery to keep their illegal business running.

However, Transnational Organized Crime groups may also use violence or threat of using violence but only to keep their illegal business running smoothly. They may even include an armed group in their integral organization but only for the protection of the carriage of illegal items, goods and personnel involved. They normally do not attack any government security force except for their protection if attacked upon. They are not any armed military groups pursuing any political or ideological objective. Rather, they are an organized criminal group to gain a large number of financial benefits through conducting illegal business. They are a direct threat to the national economy, social structure, and political stability but do not pose a direct military threat to a nation.

Differs from Terrorism

Transnational threat differs from terrorism in their objective, ends, and means. Terrorist’s objective is political or ideological, while transnational threat’s primary objective is economical. Terrorism normally originates from ideological or political indoctrination while the transnational threat is derived from the motive of large economic profit through illegal business ventures.  To materialize their political or ideological objectives, terrorism usually adopts to intimidating a population or compelling a government or international organization. Objectives of terrorism hinges on the political or ideological struggle. Furthering political ends, overthrowing governments, and imposing their worldview, or spreading their ideology are a few of their objectives.

Organized crime, on the contrary, forms an underworld organization that tends to coexist with the legitimate government to expand their illegitimate profit. To achieve an objective, terrorism resorts to violent armed or military action. Bomb blasts, massive killing, destruction, hostage, armed attacks are a few of the common means adopted by terrorists. However, in terms of magnitude, these violent actions may range from shooting in a shopping mall to blowing off the Twin towers subject to the ability of the terrorist group. Transnational threat’s primary means is not violent armed action; rather, they prefer to carry out their illegal business or crimes covertly through an established underworld network. Terrorists resort to violent actions for wider publicity of their ideology and existence. The transnational threat, on the other hand, seeks to avoid publicity. Rather they need a hidden secure organizational framework and environment where they can covertly conduct their illegal business years after years. Violent actions or confrontations may invite the interference of security forces that are likely to hinder their illegal ventures. Therefore transnational threats are normally anonymous while terrorists are conspicuous in action.

Another important difference between transnational threat and terrorism is in their frequency and continuity of committing crimes. Transnational threat seeks to adopt a permanent nature of long-term activity that continues around the year over a long period of time. Terrorism, on the contrary, cannot resort to a continuous form of an operation due to security, danger, and time lag required to launch operations in various parts of an area or world.

However, there may be overlapping motivations between organized criminals and terrorists. Researcher Erik Alda and Joseph L Sala in their research titles as Links between Terrorism, Organized Crime, and Crime: The case of the Sahel Region says, “We propose that the intersection of criminal networks and terrorist organizations can be broadly grouped into three categories – coexistence (they coincidentally occupy and operate in the same geographic space at the same time), cooperation (they decide that their mutual interests are both served, or at not least severely threatened, by temporarily working together) and convergence (each begins to engage in a behavior(s) that is/are more commonly associated with the other)” (Erik & Joseph 2014). 

They may also form nexus between them to complement each other. TOCs may provide the terrorist groups financial assistance and logistic support while terrorists may ensure the security of organized crimes over a particular area. The US Department of Justice confirmed that 29 of the 63 of international drug trafficking organizations (DTOs) threatening the United States were associated with terrorist groups. Taliban and the Revolutionary Armed Forces of Colombia’s (FARC) involvement in the drug trade are well known.

However, “although, both may have linkage, transnational threats are not international or global terrorism, as their objective is economical than political or ideological” (Carolyn 2008). An aspect worth remembering here is that “the crime-terror nexus is still mostly opportunistic. Yet this nexus is critical if this acquires a nature of permanency and continuity to forge into a strong solidarity of criminal network” (Carolyn 2008).

Categories and Types of Transnational Threats: Asian Perspective

Categories

Transnational threats can be of any form, types, and dimensions, but they are normally interconnected and interwoven. However, the transnational threat can be classified into three broad categories as follows (Fredrics 2007):

a. “Transnational Crime involving the provision of illicit goods (drug trafficking, trafficking in stolen property, weapons trafficking, and counterfeiting),”

b. “Transnational Crime illicit services (commercial sex and human trafficking),” and

c. “Transnational Crimes infiltrating business and government (fraud, racketeering, money laundering, and corruption) affecting multiple countries.”

Smuggling

Smuggling is generally known as the illegal transport or transfer of goods, valuables, and other items across national or state boundaries in violation of customs regulation. Sec. 142 of the International Law defines “smuggling as the conveyance or attempt of the conveyance of goods to the country or from the country infringing the current legislation without payment of the customs duties and taxes, completely or partially, or infringing the ban and restrictions provided by the present Law or other laws” (Sergey 2015). Smuggling normally spreads where there are high revenue duties or the prohibition on export and import of certain items.

Smuggling is a generic term that may be associated with goods, drugs, weapons, items, rare species of plants and animals, natural resources or even human beings. “Although methods of smuggling vary across the world, all are variants of two main techniques. One is the undetected running of cargoes across frontiers while the other form is the concealment of goods in unlikely places on ships or cars, in baggage or cargo, or on the person” (Encyclopedia Britannica 1998).

However, smuggling techniques and methods are getting smarter every day. Smugglers are using new and innovative tricks to smuggle valuables across borders. Changing the methods, techniques, and procedure of smuggling continuously is a basic criterion of avoiding detection. The innovation of techniques may vary from pouring cocaine in a dead body inside a body bag to carrying through indigenously made sub-marines under the water.

Smugglers can impose a significant price premium on smuggled goods as they face a significant risk of civil and criminal penalties if caught with contraband. “The profits involved in smuggling goods appear to be extensive. Profits can also be enacted by avoiding taxes or levies on imported goods. For example, a large number of cigarettes purchased in a place with low taxes can be smuggled into a place with higher taxes and sold at a far higher profit margin. It has been reported that smuggling one truckload of cigarettes within the US can lead to a profit of US$2 million” (Washington Post 2004).

Smuggling of goods and commodities across the South Asian Border is a common transnational crime. Lesser formal intra sub-regional trade is one of the primary reasons that lead to larger informal trade and smuggling in the region. “South Asian Intra-sub regional trade in South Asia is only two percent as compared to 26 percent in South East Asia” (Sandeep 2011). Porous nature of the border, weak infrastructure, the politico-socio-economic and cultural affinity of the people on both sides of the border and their poor economic condition, and above all a weak border management system etc., all are contributory to the growth of smuggling across the South Asian borders. Center for International Trade Economics and Environment (CITEE) in research states that “South Asia shares deep-rooted history, culture, and economic ties, but the political boundaries between India, Bangladesh, and Nepal, have divided the region into different countries. Though these political boundaries have created hurdles to transact, they don’t affect the flow of resources and people across the borders. Due to these hurdles, for easy flow of resources, informal channels to trade are adopted” (CITEE 2017).

Smuggling across South Asian borders include a wide range of goods, commodities, and items. However, the trend of smuggled goods varies across the borders, are subject to demand in the countries in question. Food, clothing, cattle, machinery and parts, electronic items, chemicals, fertilizers, and even medicines are the most common smuggled items.

Drug Trafficking

Drug Trafficking assumes to be the most lucrative organized crime around the world. According to UN Office on Drugs and Crime (UNODC), “Drug trafficking is a global illicit trade involving the cultivation, manufacture, distribution, and sale of substances which are subject to drug prohibition laws” (UNODC on Drug Trafficking 2010). However, Drug Control Acts in various countries also include refining, carrying, preserving, storing, drug, and narcotics selling.

According to effects, drugs are categorized into 07 categories; stimulants, depressants, hallucinogens, dissociative, opioids, inhalants, cannabis. “From the perspective of origin or production, drugs can be divided into three categories: first, drugs either produced or processed from natural plant products such as opium poppy: opium, morphine and heroin; secondly, synthetically produced drugs, such as amphetamine; and thirdly, psychoactive pharmaceutical drugs diverted from licit uses or purposes” (UNODC 1998).

Crop-based drug cultivation is concentrated in certain areas that bear the black legacy of producing drugs for since long. However, the cultivation area shifts frequently within and sometimes between sub-regions and in areas not officially recognized previously. “Most of the world’s illicit opiates come from the countries of the Golden Crescent (Afghanistan, Iran, and Pakistan), the Golden Triangle (Laos, Myanmar, and Thailand), Lebanon and Mexico” (Gregory 2019). However, recently Colombia and the central Asian countries also assumed the status of major opiate producers due to the shifting production trend of drugs. “Majority of Coca production is concentrated around three Andean countries, namely Bolivia, Colombia, and Peru. These countries account for more than 98 percent of world cocaine supplies” (UNODC 2008). Cannabis production is more or less common in most parts of the world. However, new areas such as the central Asian republics now have grown to be potential major producers.

Commonly used drugs, such as cannabis, marijuana, methamphetamines and cocaine, heroin etc., are in huge demand in various parts of the world, trafficking in drugs, therefore, is a very lucrative transnational crime. Being contraband items, these are sold at a high price and earn huge money for the criminal networks.  The drug is trafficked mainly in two types of couriers termed as willing couriers and unwilling couriers. Willing couriers are those who carry the drugs on agreed financial terms. They may be outsourced or persons of an integral criminal network. Unwilling couriers may include legal transport, postal, ship, or freight services whose services are exploited by the transnational Organized Crime groups without their knowledge.

South Asia is one of the most volatile drug-producing and trafficking zones of the world. “Sandwiched between the ‘Golden Triangle’ and ‘Golden Crescent,’ the major global producers of psychotropic drugs, the South Asian region is the principal transit route for psychotropic drugs. The strong nexus between the terrorist organizations, drug-traffickers, and money launderers in South Asia has entrenched this menace. Porous borders between the countries and lax plus corrupt surveillance and monitoring mechanisms have exacerbated the trafficking and abuse of drugs in the belt extending from Southeast Asia to Central Asia” (Manmohan 2003). Details of drug production, transit, and control mechanisms are attached as Annexure A to this chapter. However, the following tabulation provides an overview of drug-trafficking in the South Asian region (Table 2.1).

“Most of the South Asian countries are signatory to the UN Conventions on drug trafficking and “SAARC Convention on Narcotic Drugs and Psychotropic Substances, 1990” but legal enforcements at domestic level are very weak. Consequently, the legal provisions applicable in these countries are not sufficient to deal with the complexities of this trade” (Manmohan 2003).

Human Trafficking

Human trafficking or trafficking in person is a crime against humanity. Round the year, myriads of men, women, and children fall, a victim of human traffickers, in their own countries and abroad. “No country is immune to human trafficking. Each year, an estimated 600,000 to 800,000 men, women and children are trafficked across international borders” (ADRA 2019). It has also become the fastest growing criminal enterprise in the world. Both underdeveloped and developed countries around the world are affected by human trafficking either as countries of origin, transit, or destination of victims.

“Human trafficking involves the sale, transportation, receipt, and harboring of human beings through the use of force, threats, or coercion with the intent to exploit the individuals. Article 3, paragraph (a) of UNODC protocol defines human trafficking or trafficking in persons as the recruitment, transportation, transfer, harboring or receipt of persons, using the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs” (UNODC on Human Trafficking 2010).

Source: http://fairbd.net/human-trafficking-in-bangladesh-an-overview/

Figure 3.2: Elements of Human Trafficking

Human trafficking normally bears three constituent elements; act, means, and purpose. “Parameter of the act includes recruitment, transportation, transfer, harboring or receipt of persons while means involve the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim. Finally, the third element purpose includes exploiting the prostitution of others, sexual exploitation, forced labor, slavery or similar practices, and the removal of organs” (UNODC on Human Trafficking 2010). This scope is better exploited by the Transnational Organized Crime groups who trap the aspiring migrants by treacherously promising entry to the desired destination, but later sell them for prostitution, slavery, or organ collection.

Human trafficking differs from illegal migration while the former involves an element of exploitation, and the later facilitate the illegal entry of a person to the desired state.  The trafficker retains control over the migrant through force, fraud or coercion while illegal migration is done in exchange for money. However, trafficked victims are sold with larger amounts of money to the end-users who employ them for sex or slavery. Women and children are the overwhelming majority in trafficking who are commodities in a multibillion-dollar global industry. TOC groups prefer human trafficking over other crimes, mainly from three perspectives; it fetches a huge amount of money, and people can be used repeatedly with less capital investment. Few important statistics on human trafficking (UNODC 2016) are as follow:

a. “The UN Office on Drugs and Crime’s report ‘Global Report on Trafficking in Person 2016’ indicates that women constitute approximately 51% of trafficked persons, men 21%, girls 20%, and boys 8%.”

b. “51% of all victims of human trafficking are women aged 18 or older though the proportion of men being trafficked has significantly increased over the last 10 years – from 13% to 21%.”

c. “85% of all the victims are trafficked for labor exploitation, nearly 7% for sexual exploitation, and just 1% for organ removal. Women and girls are 72% more likely to be trafficked for sexual exploitation than men.”

d. “28% of all human trafficking victims are children (around 20% of girls and 8% of boys).”

e. “63% of all convicted of human trafficking are male, and 37% are female.”

f. “Around 43% of all documented cases were domestic, meaning the victim was trafficked with the national borders.”

South Asia is one of the most severely affected regions by human trafficking. “South Asia has been poverty-stricken for decades, making it a hotspot of human trafficking. Often, those in charge of recruiting humans to smuggle are locals of whichever area they prey upon. Because of their language and traditions, other people are more prone to believe them. The second main reason is the low levels of education in South Asia. When the traffickers come to recruit from villages or cities, many recruits are uneducated in what they are getting into, falling for the fairy tales of traffickers” (Guy 2016). The socio-economic vulnerability of women and children in South Asia is another principal reason for the trafficking of women and children from this region. “Trafficking in women and children is reported to be on the rise in Asia. Although accurate figures are hard to come by and that any estimates have to be treated with caution, the United States’ State Department, for example, estimates that between 1 to 2 million people are trafficked worldwide, including 150,000 from South Asia and 225,000 from Southeast Asia” (ADB Report 2003). The geographical factor is also one of the significant issues. Being located between Gulf Region and South-East Asian countries, it provides a suitable place for linking human trafficking on both sides. Due to the location of Malaysia, Indonesia, Singapore and other developed ASEAN countries down towards the Indian and the Pacific Ocean, a sea route of human trafficking also prevails from the poverty-stricken South Asian region to these countries and Australia. UNODC map of ‘Human Trafficking Origin’ figure 3.3 below portrays South Asia as the highly affected region.

Illegal Migration

“Illegal migration, often known as human smuggling in many parts of the world, is the facilitation, transportation, attempted transportation, or illegal entry of a person or persons to another country”. Illegal migration may be from one state to a neighboring state or even from one continent to another.  It is normally done either clandestinely or through deception either using fraudulent documents or through the evasion of legitimate border controls. It is a criminal, commercial transaction between two willing parties. One side comprises of the people or the groups trying for illegal entry to another country while the other side includes the Transnational Organized Crime groups who are facilitating this illegal entry through their established networks.

Illegal migration is on the rise in the recent era as globalization, and the IT revolution exposed the socio-economic condition of the entire world to almost everyone. Consequently, people from underdeveloped areas are lured to migrate to the developed world for a b etter life and living. Economic instability mainly induces illegal migration of people throughout the world. International human smuggling networks are conveniently exploiting this opportunity to spread their business of illegal migration.

Illegal migration also reaps huge financial dividends for the Transnational Organized Crime groups as the fees or charges for illegal migration services are higher. Human cargo also obtains a higher profit with lesser hazards. “In its 2010 report The Globalization of Crime: A Transnational Organized Crime Threat Assessment, the United Nations Office on Drugs and Crime (UNODC) estimated that the smuggling of persons from Latin America to the United States generated approximately $6.6 billion annually in illicit proceeds for human smuggling networks” (White House Report  2010).

Illegal migration from South Asia is a common trend of transnational threat in the region. The reasons for illegal migration are similar to human trafficking such as poverty, unemployment, and lack of opportunity. “Migration is an important livelihood strategy, mainly for the poor in many of the world’s poorest countries” (Tasneem 2003). Employment opportunities and higher wages were the driving forces for migration. Each year large numbers of youths migrate both legally and illegally from South Asia for better livelihood. A substantial portion of them is women.

The Middle East remains the most important destination for migrants from South Asia. The demand for labor and household work in Middle-East countries acts as the main pull-factor. Illegal migration towards the Middle East mainly comprises uneducated working-class people. However, there is also a trend of illegal migration towards Europe and America that mainly includes unemployed educated youths who strive for a better life.

The routes for illegal migration from South Asia to the Middle East, Europe, and the United States are varied. However, a common route for illegal migration to Middle East from South Asia is through Pakistan-Eden or Turkey to the Middle East. “Indian, Sri Lankan, Bangladeshi, and Pakistani irregular migrants are smuggled overland and by air to Europe and the United States. The smuggling to Europe occurs via Central Asia and the Russian Federation; the Islamic Republic of Iran, Turkey, and Greece through the Western Balkans and occasionally via West Africa. Other lesser-used pathways occur through the Gulf countries, where migrants reach through regular processes. Recent studies show that some Sri Lankans pass through India first, regularly or irregularly, before flying to Europe. Most of the cases of illegal entry into the United States via land route had been via Mexico or Canada. More recently, anecdotal evidence suggests that increasingly Indian and Nepali migrants are smuggled to the United States. Guatemala and Ecuador both introduced visa waiver schemes to Indian nationals in recent years, which were then used as intermediary countries to enter the United States” (Jayasuriya & Sunam 2016). “Most of the migrants smuggled to Europe and the United States are asylum seekers who apply for refugee status. They are mostly educated and belong to better-off families, except few wars or ethnic victims” (Saha 2012). There are established transnational threat networks working along the routes and regions that organize this flow of illegal migrants. Often this network exploits the illegal migrants for forced labor, slavery, or sex. 

Source: Research Gate

Figure 2.4: Major Illegal Migration Route from South Asia

Illegal migration is a transnational crime and currently is a growing global phenomenon.  Migrants are normally carried through hazardous travel to their destination. Traveling conditions are also inhumane and overcrowded in trucks or boats. Very often they fall victim to the fatal accident in jungles, hills, or season-route. Their illegal status in an arrived country also makes them vulnerable to exploitation by their smugglers. Often, illegal migrants are forced by the smugglers to work for years in the illegal labor market to pay off the migration charges.

General Aziz Ahmed, BSP, BGBM, PBGM, BGBMS, psc, G, Ph.D, Chief of Army Staff, Bangladesh Army.