What is the difference between human trafficking and human smuggling?

For further information on the difference between trafficking in human beings and smuggling, read https://www.unodc.org/e4j/en/secondary/human-trafficking-and-migrant-smuggling.html

The EU definition of human trafficking:

“The recruitment, transportation, transfer, harbouring or receipt of persons, including exchange or transfer of control over that person employing the threat or use of force or other forms of coercion, abduction, fraud, deception, 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 the purpose of exploitation."

"A position of vulnerability occurs when the person has no real or acceptable alternative but to submit to the abuse involved."

"Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, the exploitation of criminal activities, or the removal of organs".

The difference between migrant smuggling and human trafficking

The difference between migrant smuggling and human trafficking is that even though smuggling and trafficking can often be linked, and smuggled migrants can become victims of trafficking either before or after having arrived in the country of destination, they are two distinctive forms of crime.

Smuggling is a crime against the State, while trafficking is a crime against a human being.

There are three main dissimilarities between the trafficking of human beings and the smuggling of migrants.

1.     Consent to enter a country illegally:

Smuggling is done under perilous or mortifying conditions, but it involves consent, as a minimum, at the beginning of the journey.

Trafficked victims either never consented, or in some cases, they did consent to be smuggled into a country illegally. HOWEVER, the coercion, deception or other abusive and illegal actions of the traffickers have dramatically reduced their consent. When we talk about underage people, their level of consent to be smuggled is always immaterial.

In cases of trafficking, the victim could enter a country legally on a tourist-, student- or au-pair visa, which may be obtained with the assistance of traffickers. The victims may be exploited by traffickers, and overstay in the country, conceivably against their will. There are cases of trafficked victims from EU countries transported legally all over the EU. Take the infamous case of the Hornet’s Nest of Romanians being trafficked to Denmark.

2. Exploitation and State Responsibility towards Victims:

Trafficking's main objective is exploiting an individual for profit by often using coercion and control. Smuggling does not necessarily involve exploitation and frequently ends with the migrants' coming to their destination country.

Smuggling is a crime against the State due to unlawful violations of its borders.

Human trafficking involves a victim whose human rights and freedoms and a crime against their person have been violated.

3. Transnationality:

Smuggling is always transnational. Trafficking can occur across international borders (international trafficking) and within the borders of their own countries (internal trafficking). A person can also be trafficked in their neighbourhood, the next town or even inside their own homes, e.g. domestic slavery or sex trafficking.