Is there such a thing as a victim of smuggling?

 

Is there such a thing as a victim of smuggling? No, and here’s why: First, let’s remind everyone what smuggling is:

“Smuggling of migrants” 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 – United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air (Smuggling of Migrants Protocol), supplementing the United Nations Convention against Transnational Organized Crime.

So basically, smuggling is a violation of a country’s migration policy. It is an illegal border crossing organized by someone else – the smuggler – for a price. This means that the victim of the crime of smuggling, technically speaking, is the state, not the migrant who pays for this “service”.

Does this mean smuggling harms no one? Or that migrants who are smuggled do not suffer abuse and violence?

Absolutely not. We know that many migrants suffer assault, rape, extortion and a range of other abuses while being smuggled. Which means those migrants may be victims of other crimes, not of the smuggling itself.

Why do some actors continue to refer to “victims” of smuggling?

Sometimes, this terminology is used (despite not being technically correct), to recognize the high levels of vulnerability faced by some of the migrants who pay smugglers, which is abused by the smuggling rings. The fact that some migrants feel they have no other choice but to face the danger and risks of a smuggling process is sometimes related to inequalities, lack of opportunities, poverty, discrimination and other factors, which can be recognized in some cases as structural violence. Thus, the combination of the other crimes suffered by some smuggled migrants along the route together with the high levels of vulnerability that lead to them paying to be smuggled is sometimes highlighted through the use of the word “victim”.

If we’re not in a legal context, why not call them “victims” of smuggling? What’s the harm?

Because many smuggled migrants are victims of other crimes and need assistance, it is important to be clear in our terminology. It is essential to be able to find those smuggled migrants who are in need of support, assistance and protection, because they have suffered rape, extortion, or some other specific crime. If some anti-smuggling actors refer to all smuggled migrants as “victims” while others do not recognize that some migrants who use smugglers are victims of related crimes, neither group will effectively be able to screen and support those who actually need help.

Our goal must be to recognize the violence and abuse that takes place in the context of smuggling, and find ways to prevent and respond to it.

More resources on smuggling of migrants:

 

 

   About the author:

Rosilyne Borland is the IOM Senior Regional Thematic Specialist on Migrant Assistance at the Regional Office for Central America, North America, and the Caribbean. She has 14 years’ experience in international and has specialized on issues related to the human rights of migrants, particularly trafficking in persons and health, and return migration. Rosilyne holds a Master’s degree in International Human Development from the School of International service of American University. 

 


Extortion is Causing the Expulsion of Migrants from the Northern Triangle of Central America

Extortion is Causing the Expulsion of Migrants from the Northern Triangle of Central America
Categoria: Migrant Protection and Assistance
Autor: Guest Contributor

In cases of forced displacement, extortion is often mentioned as one of the main causes. However, extortion is located within a cycle of violence, such sexual violence, murder, etc., and it is difficult to identify a single incident of extortion as the sole reason for leaving a country.

Although its definition varies depending on national legislation, extortion can be understood as the use of threats, intimidation and other acts of violence to obtain actions or goods from another person against their will, as defined by the Latin American and Caribbean Network of Environmental Funds (REDLAC), in a special bulletin dedicated to this issue and upon which this post is based.

In the context of migration, kidnapping and extortion go hand-in-hand, as smugglers often extort money from migrants by threatening to kidnap their relatives. Extortion can also be committed in the other direction: relatives of migrants who have already arrived in another country are extorted by smugglers, demanding money from them so as not to harm the family member who has already migrated. This can often lead to persecution in communities of origin and destination.

In Guatemala, Honduras and El Salvador, the serious issue of personal insecurity fuelled by drug trafficking and corruption has marked the region as one of the most violent on the planet, according to Amnesty International. In this context, extortion schemes demanding payments from local markets and small businesses are commonplace in gang-controlled territories. However, depending on the country, there can also be extortion demands  placed on homes, such as in Guatemala, where this accounts for 55% of extortion complaints.

There is also a difference between the type and impact of extortion experienced by men, women, children and the LGBTIQ+ population. In this sense, when women are extorted for money, threats are often combined with the intimidating possibility of sexual violence. According to the REDLAC bulletin, the bodies of women, adolescents, and girls are treated as territory for revenge and control while children are being increasingly recruited as rent collectors, among other functions.

Migrants are often also extorted by people who are not part of criminal groups but who take advantage of their vulnerable situation to turn a profit, such as locals who demand payment to cross private land rather than using routes with criminal gangs, or transporters who demand money from irregular migrants in exchange for not reporting them to immigration authorities. The same situation has been reported with employers who, on pay-day, threaten to report migrant workers for an irregular migrant status.

There are currently no figures on the number of people displaced or forced to migrate due to extortion in northern Central America, as this is part of a generalised climate of violence; however, some organisations locate this crime as one of the main reasons for migration from areas or even from the country.

 

Extortion during the pandemic

In the bulletin of the Network of Latin American and Caribbean Environmental Funds (REDLAC) which examines extortion as a trigger for internal displacement and forced migration in northern Central America and Mexico, some relevant points were also made about how extortion has adapted to the context of COVID-19:

  • In El Salvador, COVID-19 has reduced the income of gangs, but they have not lost territorial control. Some gangs have established restrictions, such as allowing one individual per family to make food purchases, to reduce the risk that a gang member may become ill and not be able to access medical care.
  • In Honduras, the paralysis of the transportation and informal trade sectors, generally common sectors for extortion, has registered a decrease in cases of extortion due to the pandemic. However, there have been reports of threats of retroactive charges once commerce resumes, house-to-house tariffs, and road ‘tolls’, and scams executed by gangs. Food distributors are frequent victims of extortion when entering communities.
  • In Guatemala, extortion has not stopped either, although at the beginning of the pandemic some maras (gangs) granted ‘pardons’ in their communities. However, national agencies predict that when the restrictive measures end, there will be an increase in other crimes and that extortion will return as a greater threat.
  • Mobility restrictions increase the risk of people being trapped in violent environments, making it difficult to seek support in other territories and countries. Despite this, many people seek and will continue to seek irregular migration options, despite the dangers of the pandemic, in order to leave the high-violence, low-income contexts in which they live.