Human Smuggling & Trafficking

Task 1: Introductory activity "A question of choice?"

20 min

Review this quote from the Bhabha and Zard article and discuss the question below:

“The Protocols are thus framed around a central dichotomy: between coerced and consenting illegal migrants, between victims and agents, between innocence and guilt. This dichotomy governs contemporary public policy, dividing the field into two distinct parts. One addresses the protection needs of trafficking victims who are considered to be non-consenting, innocent and deserving. The other addresses the situation ofthe smuggled illegals – culpable and complicit actors. The latter are considered less deserving of protection and support because of their original motive – the decision to choose to migrate illegally.”

Discussion Questions (small group or pairs ~10 min):

The authors suggest that trafficking is conceived of as coerced/forced while smuggling is seen as a choice.

• Explain this distinction as well as the authors’ critique of it.

• Can you think of examples where a person’s “choices” around migration are not so clear?

Class Discussion (~10 min):

Reflect on how “choice” is framed in relation to migration more generally.

• Is this a helpful way to think about migration?

• How else could it be framed?

Task 2: Engaging Oral History

15 min

In problematizing the clear line that gets drawn between smuggling and trafficking under international law, Bhabha and Zard (2006) discuss how migrant worker programs and policies open workers to exploitation and vulnerability. They suggest that migrant workers can become trafficked:

"It is worth recalling that legal systems of migration are not immune from abuse and exploitation either. Workers who migrate into a country under legally sanctioned work permit schemes are often tied to their employer, even if they arrive to discover that the terms of their contract are not what they expected. Their ability to leave, however, is constrained because their immigration status is linked to their employment; leaving might also precipitate claims to repay their travel and recruitment costs. Confiscated passports, unpaid wages and other types of abuse are increasingly being documented by NGOs in these situations. Tolerated because it takes place within the formal economy, such dependency might well be considered bonded labour and thus part of a trafficking situation if it took place within the informal economy".

In the Counter Archive

In pairs or small groups, read the assigned excerpt from Pedro’s story. Discuss examples from his story that illustrate how it could be described as a situation of “trafficking.”

Pedro arrived in Canada as an agricultural worker.In 2015, things quickly took a turn when the group was mistreated and their documents withheld. Having precarious status in Canada continues tobe a challenge for Pedro.

Read the excerpt from Pedro’s story - I was a farmer, Mistreatment, and Escape

Task 3: Concluding activity

15 min

As a full class, return to the discussion from the introductory activity and, in light of Pedro’s story, reflect again on how “choice” is framed in relation to migration.

• How do the details of his story complicate ideas of ‘choice’ and ‘legality’?

• Who is often seen as ‘deserving’ or ‘in need’ of protection and support? How does that connect to Pedro’s story?