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. 

 


Responding to hate speech against migrants in social media: What can you do?

Responding to hate speech against migrants in social media: What can you do?
Categoria: Migrant Protection and Assistance
Autor: Guest Contributor

"We all have to remember that hate crimes are preceded by hate speech." This is how Adama Dieng, UN's Special Adviser on the Prevention of Genocide, starts the Stopping Hate Speech video. "We have to bear in mind that words kill. Words kill as bullets", he continued.

To speak about hate speech it is necessary to refer to Article 19 of the International Covenant on Civil and Political Rights (ICCPR). The article stresses the importance of freedom of expression, but it also calls attention to the responsibilities that come with it. 

The United Nations has recently launched the "UN Strategy and Plan of Action on Hate Speech", to strengthen UN actions that address the causes of hate speech, and the impact this discourse has within societies. Among other measures, the strategy includes monitoring and analyzing data, using technology, and engaging with new and traditional media. It also encourages more research on the relationship between the misuse of the Internet and social media for spreading hate speech, and the factors that drive individuals towards violence.

Just like the UN must assume responsibility, traditional media oulets also face challenges in guaranteeing that the information they offer on migrants is conscientious and data-based (here are some recommendations on how to do this).

But beyond these institutional responsibilities, the reality is that thousands of people publish hate filled content on their social media every day, sometime explicitly calling for violent actions against migrant populations and other vulnerable groups. What can each of us do to fight back against this content?

  • Speak up against hate: Silence and apathy can be taken as acceptance. Comments on social networks are more than just words, and should not be seen as harmless, especially when social networks are a source of information for migrants and contribute to their experiences. According to the Department of Justice of the United States, "insults can escalate to harassment, harassment can escalate to threats, and threats to physical violence." Intervening assertively is important both in the digital world and in face-to-face situations. However, it is necessary to assess the risk in each context to avoid dangerous situations.
  • Create positive content: To counteract the weight of hate speech, it is necessary to create and share empathetic information. According to Cristina Gallach, High Commissioner for the 2030 Agenda, to combat this problem, we must present images that appeal to the best of us, and focus on powerful and universal messages that unite us through our shared values.
  • Avoid sharing sensational videos and photos: Even when it is to criticize this type of content, sharing it will increase traffic to the channels and users that broadcast negative media.
  • Report on the platform: Each social network has its own guidelines on which content is acceptable or not not. While there are teams dedicated to verify this information, in many cases it is necessary to report it for it to be seen. Facebook continually checks if there are new vulnerable populations that should be included in their protected categories, and on previous occasions, migrants have fit within this group. According to the Facebook hard questions blog:

"When the influx of migrants arriving in Germany increased in recent years, we received feedback that some posts on Facebook were directly threatening refugees or migrants. We investigated how this material appeared globally and decided to develop new guidelines to remove calls for violence against migrants or dehumanizing references to them — such as comparisons to animals, to filth or to trash. But we have left in place the ability for people to express their views on immigration itself."

There is a whole discussion about whether social media companies are the ones who should define, in their own platforms, what constitutes freedom of expression and what constitutes hate speech, but that is material for another blog. Here you can see what kind of content to report in Facebook, Twitter, Instagram and YouTube.

  • Report to the authorities: When there are personal threats to the physical integrity or the lives of others, it is time to report the situation to the competent authorities to intervene. Since the digital world moves faster than changes in laws, there may be "holes" in the regulations that will hinder intervention. Documenting hazardous materials through screenshots and collecting as much information as possible about the aggressor before they close their account will be useful for the reporting process. Platforms and companies can also be reported if they spread violent content. For example, a few months after the massacres in two mosques in Christchurch (New Zealand), the Australian government approved new legislation against spaces that do not quickly eliminate "violent and abominable material".

“We need to use the verb to become a tool for peace, a tool for love, a tool for increase social cohesion”, said Adama, later in the video. Let’s speak up against hate speech.