The history of international human trafficking law suggests that the trafficking of women for prostitution is a not a new phenomenon. The earliest approach to address the problem was founded on a moral ground but adopted a law enforcement strategy by criminalising the procurement of women for prostitution. Consequently consent at the time was discountenanced in favour of the end purpose for which the women were moved. This approach prevailed over a long period until the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (Trafficking Protocol) in 2000. The Trafficking Protocol adopts a three thronged (prevention, protection and prosecution) approach to combating human trafficking. Whilst this is a novel approach the Trafficking Protocol makes consent irrelevant only when the movement of the women is procured through coercion. Accordingly consent or lack of consent became an essential element for distinguishing trafficking from other migratory crimes such as human smuggling. The challenge of applying consent as criterion to differentiate human trafficking from human smuggling particularly becomes problematical when applied to the movement of women for prostitution. This is especially so in the light of feminists’ debate on whether prostitution should be conceptualised as sex work or as violence against women. To establish consent or lack of consent in the context of the Trafficking Protocol is complicated, inexhaustive framing of the consent nullifying elements ignores country specific and cultural practices in recruitment of women for prostitution. This thesis demonstrates the complexity of using consent as a criterion to determine whether Nigerian women moved into Italy are trafficked or voluntary agents. In doing so the thesis highlights the extent to which the interpretation of consent may be influenced by social, cultural and socio-legal issues. This thesis accentuate juju oath ritual and debt bondage as frequently employed to recruit and move Nigerian women into prostitution as consent nullifying elements.

CHDS State/Local / Illegal cross-border activity is a severe homeland defense and security problem along the international Southwest border. The issue of illegal human smuggling is not new to the United States-Mexico border or to law enforcement agencies; however, the phenomenon is rising and human smugglers are adjusting to law enforcement tactics. This thesis has three objectives. First, it describes and identifies the fundamental dimensions of U.S. Border Patrol operations in the busiest, most vulnerable section of the border. Second, it integrates prominent border security factors into a mathematical predictive model -- the Arizona-Sonora Border (ASB) Model * that provides an illustration of possible border security operational strategies and the outcome apprehension probability of migrants given the implementation of various operational strategies. Last, this thesis seeks to provide a comprehensive picture of the complex dynamics along the USBP Tucson Sector. This picture highlights the primary challenges facing policymakers in developing innovative policies that will minimize illegal cross-border activity and secure the homeland. / Southwest Border Specialist, Arizona Office of Homeland Security

Univ., Diss.--Zugl.: Tilburg, 2003.

The thesis aims to investigate the role of human smuggling in migration, and specifically, the part played by the figure of the facilitators. The study was conducted through qualitative research based on semi-structured interviews: six people who reached Europe through the assistance of smugglers were interviewed in three different countries – Germany, Italy and Sweden. The data collected reflects the opinions, experiences, and the perspectives of the migrants. Accordingly, the data is interpreted through the Rational Choice Theory that focuses on the micro-level angle, and the concept of border which intends to research the phenomenon from a macro-level viewpoint. The findings revealed that smugglers play a crucial role in migration allowing the border-crossing for those migrants who do not have regular means to travel. I suggest that smugglers renegotiate the concept of border which becomes more fluid and permeable.

This thesis assesses the governance of irregular migration and the practicalities of human smuggling in southern Algeria. It looks at the drivers, functionalities and institutions governing irregular migration and human smuggling in Algeria’s south and along its borders with Mali and Niger. After a brief overview of the history of irregular migration in the Sahara, the study analyses the mechanics and instruments through which the Algerian authorities manage irregular migration. It shows that they often attempt to play a balancing act between enforcing a hard security agenda while taking into account the role of the irregular migration economy for borderland people. Moreover, the thesis offers a micro assessment of migrant strategies and smugglers' modus operandi in the villages and cities along Algeria's borders with Mali and Niger, drawing from extensive fieldwork conducted across the region. Human smuggling appears to be a highly 'regulated activity' through a network of rules shared between the borderland actors. The study presents the features associated with the politics of informal rules of human smuggling, portraying them as contingent on their political and security environment. Finally, the research develops a chapter on the daily lives of migrants in the city of Tamanrasset, Algeria's southern main city, showing how migrants' presence shapes the city's character. It looks in particular at how lodging places, known locally as 'foyers', play an essential role in a migrant's life trajectory. Moreover, the research analyses the complex relationship between smugglers and migrants, notably via the activities of former smugglers ('passeurs') who became owners of 'foyers', playing a critical social role for new migrants.

The financial link in the process of illegal immigration is a little researched domain in the literature. This research is the first exploratory study to examine the role of Chinese-operated informal fund transfer systems in the U.S. in the lives of Chinese illegal migrant workers and their families who remained in China. The primary source of data was in-depth interviews with thirty illegal immigrants in New York City and Philadelphia. The findings show that the emergence of underground banks in the U.S. coincided with the largest waves of Chinese illegal immigrants smuggled into the U.S. since the later 1980s. They served as a preferred means of fund transfer among Chinese illegals due to their unique service, not necessarily because of the clients' illegal status, or any coercive actions by human smuggling groups. Through inductive analysis based on the narrative data, this research is able to trace the trajectory of the evolution of Chinese underground banks over the past decades. The evidence seems to suggest an indirect role played by these illegal fund transfer systems in sustaining transnational illegal labor migration achieved through human smuggling. The research also suggests a declining importance of underground banks and a shift away from their use toward legitimate fund transfer channels among Chinese illegal immigrants since the mid-1990s and a seemingly new role of formal institutions in filling in the vacancy left by underground banks. Finally, the findings suggest that underground banks may have been forced to and have adapted to a narrower and more illicit use. / Criminal Justice

Over the summer, I had the opportunity to volunteer for a non-profit organization in California called CHIRLA (Coalition for Human Immigrant Rights of Los Angeles). My involvement with this organization has opened my eyes to the reality of the current immigration problem between the United States and Mexico. So much disparity is evident along the border. On one side stands the United States- a hegemonic country that encompasses a stable economy, well-built infrastructures, and political clout. On the southern side of the border stands Mexico- a country that has suffered from the lack of development and years of economic crisis. How can two countries, separated by only a border, be so different in their political, social, and economical features? This question has ignited my interest in researching the relations between Mexico and the United States, as their close geographical relationship has significant implications on their economic, political, and social settings. Recent concerns about U.S.-Mexico relations have escalated, as the issue of illegal immigration has made its way to the priority list of both Mexican and American political leaders. Never before has the concern to end drug trafficking and to decrease the number of illegal immigrants seemed to have been so publicly scrutinized. The international community has also been giving more attention to violation of human rights in developing countries, specifically in the labor sector. Relations between the United States and its close neighbor, Mexico, will continue to exist and deeply impact both countries and their populations. Policy choices and economic decisions will be affected, as well as people's lives--creating a sensitive environment that may be vulnerable to conflict. However, it is undeniable that the United States needs Mexico as much as Mexico needs the United States. U.S.-Mexico relations will only continue to be affected by illegal immigration, human rights violations, and drug trafficking. The time is now to strengthen our relations with our neighbor in order to build a unified force against the dangers lurking on both sides of the border. The U.S.-Mexico border covers 2,000 miles, encompassing four American and six Mexican states. Over the years, the relationship between the two countries has become one of strong interdependence. My thesis will explore the deep connections between the economies and societies of the United States and Mexico. Regardless of the disagreements and challenges they encountered, the U.S. and Mexico indeed share a history. This history connects both nations, inevitably making one dependent on the other. The United States heavily relies on other countries for resources, especially from its neighboring country. However, the dependence of Mexico on the United States is much higher. The United States, being a world power, undoubtedly has an economic advantage over Mexico, a country that continues to suffer from domestic political and economic problems. My thesis will introduce the current political, social, and economical state of Mexico and how it is being affected by its relationship with the United States. My. argument is that even though Mexico continues to demonstrate cooperation at the border, problems with income inequality, illegal immigration, illegal drugs, and human rights violations will still remain a crucial setback in the relationship between United States and Mexico.

在民國七十六年十一月二日政府正式開放大陸探親後，兩岸人民往來逐漸頻繁，隨著兩岸人民的交流，對一群隨國民政府來臺的老榮民而言，此再回故鄉距離國民政府撤退大陸已經近四十餘年。兩岸從一九七０年代末期以來，在經濟與社會各方面交流日趨密切與頻繁，在開放探親後，雖屬同文同種，但在兩岸間文化、生活、語言上之差異，兩岸通婚人數逐年增加，從以往的偷渡犯罪，漸變為合法入境而產生另一種犯罪模式的轉變，所衍生各種犯罪問題亦日趨增加，其對國內安全議題影響亦逐漸擴大。 當前影響國家安全之因素，主要有國際環境、兩岸關係與國內形勢等三個面向，除傳統性安全的武力威脅外，許多非傳統性威脅亦逐漸增加，例如：大陸地區人民偷渡來臺、假結婚真賣淫、人口販運、毒品、走私、兩岸組織犯罪、傳染病等問題，均實值得做深入探討與研究，這些問題均對國內社會環境造成變化，增加維持社會治安與社會秩序的內政成本。 全球化的趨勢，在不影響國家安全的前提下，建構兩岸合作打擊犯罪之機制，實刻不容緩，臺灣應儘速尋求兩岸合作之可行模式，本文共分為幾部分，先經由政府對大陸政策實施迄今與執行層面做檢視與探討為出發點，並輔以對探親、結婚及近來討論開放觀光等議題和相關法令做全盤、統整性之分析。再來就相關犯罪所衍生之問題，在移民機關及警察機關間之協調聯繫和在執法上遇到之困境做分析，最後，本研究就合法來臺之大陸人民犯罪問題為研究主軸，並就相關問題提出個人之看法與建議，希能提供就國家安全機制上更完整之參考。 / The Republic of China launched an open policy for people to go abroad to China and visit with their relatives on November 2, 1987, thus the relationship between cross-straits becomes closer and closer since then. To those veterans who followed the Kuomintang government’s move to Taiwan in 1949, it has been almost 40-year- separation for them to make a return voyage. Moreover, since the end of 1970s, the interactions between Taiwan and China have become closer and more frequent in all aspects of economics and society. After the said policy, although the cultural, living, and language difference still exists, the numbers of intermarriage mountain up year by year. As a result, the crime pattern has gradually changed from previous illegal immigration to legal entering but crime enhancing. The crime pattern transformation derives more and more homeland security problems. Nowadays, the factors of influence upon homeland security are mainly related to international environment, cross-strait relationship and domestic situation. Except China’s traditional threat of force to Taiwan, gradually, much other kinds of untraditional threat arise, such as human smuggling, prostitution under the disguise of marriage, drug trafficking, cross-strait organization crime, infectious diseases and etc. Not only do the aforementioned issues influence local social environment but also increase the cost both of social security and public order. Under the trend of globalization, accordingly, there is an eager need for Taiwan to establish possible crime-fighting corporate system with China without influencing Taiwan’s homeland security. The purpose of this study is three-fold. First, based on Taiwan’s “China policy”, this study examines and reviews the policy implementation and effects, then further discusses and analyzes comprehensive issues and related regulations, like relatives visiting, intermarriage, and opening Taiwan to mainland tourism which topic has recently been discussed enthusiastically. Second, aiming at criminal derivatives, this study discusses the difficult situation for said policy communication and implementation between the Competent Authority of immigration, National Immigration Agency and Police Department when dealing with related crime. Finally, focusing on the crime issues of people who enter Taiwan legally from China, this study tends to launch a policy suggestion for reference as setting up a well-designed homeland security system.

Why does the European Union focus on controlling irregular immigration at the external border? The emphasis presents a paradox as most irregular migrants in the EU arrive through legal channels and subsequently overstay or violate the conditions of their visa. In order to explore this paradox, the thesis examines two case studies, Malta and Cyprus. As small island states on the Union’s southern periphery, the two are ostensibly unable to resist the transfer of migration controls and asylum responsibility to the EU’s external borders. Yet, employing nonmaterial power, namely by highlighting the perceived migration pressures they are under, the two states have successfully attracted significant financial and practical support from other member states. In doing so, they have influenced policymaking within EU migration governance, but have ultimately reinforced the emphasis on controlling irregular immigration at the external border by portraying the phenomenon as a crisis. This thesis not only sheds light on the interaction between the EU and the two states under investigation, but combines three levels of analysis – the regional, national, and local. The crisis narrative detrimentally affects the migrant and refugee populations as it encourages the adoption of restrictive and deterrent measures rather than ensuring access to rights and long-term integration. Nevertheless, this population is not without agency. It is their individual decisions to move across national borders without state authorisation that in the aggregate both compels states into dialogue about the issue and provides the basis for the dynamic between the EU and these two member states.

This thesis makes two related arguments regarding the academic field of migration and refugee studies (MARS) and the control of migration by UK state agencies. The first, and more empirical one, is that the former facilitated the latter: the field’s members provided symbolic, technical, and pedagogic assistance to two non-departmental public bodies in controlling migration. The second, and more theoretical, argument of this thesis is that MARS facilitated migration control because of culture, power, and structure. It is through the field’s implication in the coercion of its human subjects by UK state agencies that MARS academics a) answered their calling, b) assisted class rule as ideologists, and c) separated sacred and profane by policing endogamy. The introduction describes the existing literature on the relationship between MARS and migration control. The consensus is that the former facilitated the latter. However, these studies fail to provide detailed accounts of the ways in which it did so. Chapter One defines the elements of my more empirical argument: MARS and migration control. An historical narrative outlines the institutional development of the field since its beginnings in the early 1980s. Then a new model for understanding migration control – i.e., migrant CODAR – is described. Chapter Two uses this model to trace the actor network through which MARS academics facilitated the restriction of their human subjects’ mobility by the UK state agencies of the Advisory Panel on Country Information and the Migration Advisory Committee. Chapters Three, Four, and Five use Weberian, Marxist, and Durkheimian anthropological approaches (respectively) to explain the implication of MARS and migration control that is described in Chapters One and Two. Finally, the conclusion of the thesis discusses its contributions to both more particular (i.e., the literature surveyed in the introduction on MARS and migration control) and more general (i.e., anthropology) scholarly fields.