Routledge Handbook of Human Trafficking

by Piotrowicz, Ryszard; Rijken, Conny; Uhl, Baerbel Heide

  Multi-tasking criminals

  Although generalists may be rare in the Netherlands, this does not mean that they do not exist. Four types of criminals and criminal groups emerge from the Dutch case files and (international) literature as ‘multi-tasking’.

  To begin with, there are ‘lover boys’ who work independently. They often have a criminal lifestyle that involves committing property crimes and low-level drug dealing. Some of these petty criminals will not hesitate to exploit their ‘girlfriends’ as prostitutes, and thus become pimps when the opportunity arises. An example is the case of Mandy Pijnenburg, a Dutch woman who ended up in prison in the Dominican Republic when she was caught in possession of 20 kilos of cocaine.42 The ‘boyfriend’, who had exploited her as a prostitute in the Netherlands, had persuaded her to smuggle the drugs.

  In addition, street gangs that engage in, for instance, property crimes, drug dealing, and violence, may also exploit women as prostitutes. American literature on youth gangs mentions the vulnerability of women members or hangers on to sexual exploitation and sexual assault.43 Such American-style gangs are not a widely occurring phenomenon in the EU, but there are case examples. An investigation in the Netherlands, for instance, concerned a juvenile gang that committed armed robberies and dealt narcotic drugs in combination with exploiting women. They also forced other youngsters to work as male prostitutes, and filmed and extorted the customers by threatening to publicise the videos online.44

  Criminal groups involved in transnational organised crime such as large-scale drug trafficking may also combine this with human trafficking when the opportunity arises, as noted above. Another example is itinerant gangs from South Eastern Europe that mostly commit property crimes, but may also recruit for labour and sexual exploitation.45 In one example, a Romanian trafficked his fellow countrymen to the Netherlands for sexual as well as labour exploitation.46 There are also indications that such groups sometimes force others to commit crimes in Western Europe to settle debts.47

  Finally, large mafia-type crime syndicates and outlaw motorcycle gangs (OMCGs) are associated with a range of criminal activities, including THB. Mafias mentioned in this context are, for instance, the Mexican Los Zetas, the Japanese Yakuza, the Italian Sacra Corona Unita, and the Albanian mafia.48

  In the EU, the Sacra Corona Unita is a group that has traditionally been engaged in smuggling, and evolved from trafficking cigarettes to human beings, drugs, weapons, and illegal waste disposal.49 This mafia uses the same routes for trafficking goods and persons. The victims are exploited for both prostitution and agricultural labour.50 The Albanian ‘mafia’ is also linked to a range of crimes. In 2013, for example, the Italian police arrested a number of suspects involved in drug trafficking as well as THB, the latter with ramifications in Italy, Belgium, the Netherlands, France, Switzerland, and Albania itself.51 OMCGs in Germany and the Netherlands are associated with extortion, violent crimes, and drug trafficking, but also maintain a strong presence in the prostitution business in some cities, for instance by working as doormen for brothels.52 To what extent they are also responsible for exploiting the women is unclear. In 2013, however, the Spanish police arrested 25 members of the Hells Angels for drug trafficking, THB, extortion, money laundering, and corruption.53

  ‘Mafias’ consist of different clans, and it is far from evident that these operate under a ‘single command’.54 Even in OMCGs, it is often unclear to what extent different criminal activities are the work of the club, or of individual members who operate more or less independently.55 In other words: even in large ‘syndicates’ there may be clans that specialise in specific crimes.

  Final remarks

  This chapter addressed THB from a business perspective. It shows that the logistical process necessary for exploitation comprises relatively few steps, particularly when the trafficking takes place within a single country or within the EU, where citizens are free to travel and work.

  The severity of the crime of human trafficking contrasts with the relative ease with which the perpetrators can exploit their victims. Exploitation, particularly if it does not include an international dimension, requires few ‘criminal’ skills and connections, and can therefore be considered as a type of crime with a relatively low threshold. Petty criminals can easily start a career as ‘lover boys’, for example. In that respect, the most interesting finding of our study of overlapping markets is the fact that ‘multi-tasking’ traffickers are relatively rare. However, this conclusion is mainly based on empirical data from the Netherlands, and is not to be generalised without further research. We finish with two observations that might explain these findings.

  To begin with, most of the perpetrators in the court files studied are either indigenous criminals who work largely on their own, or foreign criminals who come to the Netherlands to exploit women. Dutch organised criminal groups are largely absent in cases of sexual and labour exploitation. Trafficking may therefore be less attractive or less profitable than types of ‘trade crime’ in which ‘Dutch networks’ specialise.56

  Second, from the perspective of traffickers coming from abroad, we may argue that they are not ‘well-connected’ and therefore lack the criminal relations to also engage in types of serious and organised crime that do require such relations, particularly drug trafficking and production, or may lack the required skills. However, human traffickers also do not seem to combine trafficking with crimes that do not necessarily require criminal relations, such as property crimes. Another possible explanation may thus be that exploiting and controlling of trafficking victims takes up so much effort that for a small crime group or an individual perpetrator it simply becomes difficult to be active with other illegal activities at the same time.

  Notes

  1 This paper draws mainly from the analysis of this criminal activity presented in a report compiled in the context of the EU 7th Framework project “Trafficking as a Criminal Enterprise” (TRACE), FP7/SEC/2013/607669. See: Spapens, T., Tamas, A., Lulle, A., Durieux, H., Polatside, V., Dragota, C., and Constantinou, A., A Report Concerning the Macro and Micro Analyses of Human Trafficking (Brussels: TRACE Project, 2014).

  2 The difference between forced begging and exploitation in the context of other criminal activities is applied because begging as such may not be a criminal offence.

  3 Cf. Schelling, T., “Economics and Criminal Enterprise” (1965) 7 Public Interest 61–78; Becker, G., “Crime and Punishment: An Economic Approach” (1968) 76 Journal of Political Economy 169–217; Schelling, T., “What Is the Business of Organized Crime?” (1971) 20(1) Journal of Public Law 71–84.

  4 Sieber, U. and Bögel, R., Logistik der Organisierte Kriminalität (Wiesbaden: Bundeskriminalamt, 1993); Letkenmann, P., Crime as Work (Englewood Cliffs: Prentice Hall, 1978).

  5 Spapens, T., Netwerken op niveau (Inaugural lecture Tilburg University, Tilburg: Prisma Print, 2012).

  6 Coles, N., “It’s Not What You Know, It’s Who You Know That Counts” (2001) 41 British Journal of Criminology 580–594.

  7 We do not address the question whether criminals switch from another illegal activity to human trafficking and vice-versa, for instance by analysing their criminal records.

  8 Spapens, T., Interactie tussen criminaliteit en opsporing (Antwerp/Oxford: Intersentia, 2006).

  9 The partners in this study were the Cyprus police, the Agenţia Naţională Împotriva Traficului de Persoane (ANITP, Romania) [National Agency against Trafficking in Persons], the Council of the Baltic Sea States, Task Force against Trafficking in Human Beings, the Free University of Brussels (Belgium), and Tilburg University (Netherlands).

  10 Spapens et al., 2014, op. cit., p. 30.

  11 Spapens et al., 2014, op. cit., p. 30.

  12 Van den Borne, A. and Kloosterboer, K., Inzicht in uitbuiting (EPCAT Nederland et al., 2005) Nederland et al., p. 77.

  13 Spapens et al., 2014, op. cit., p. 32.

  14 Ågren, L., Interview with the Senior Public Prosecutor, International Public Pros
ecution Office of Sweden (9 October 2014), cited in Spapens et al., 2014, op. cit., p. 32.

  15 ECLI:NL:RBROT:2010:BO2931.

  16 Spapens et al., 2014, op. cit., p. 32–33.

  17 Vogiazides, L. and Hedberg, C., Trafficking for Forced Labour and Labour Exploitation in Sweden: Examples from the Restaurant and the Berry Industries (Heuni Publication Series No. 75. Helsinki: HEUNI, 2013), p. 191.

  18 Ekstedt, A., Olsson, A., Mujaj, E., and Polatside, V., Human Trafficking 2013 –Baltic Sea Region Round-up (Sweden: The Council of Baltic Sea States, 2013), p. 99.

  19 Sorrentino, L. and Jokinen, A., Guidelines to Prevent Abusive Recruitment, Exploitative Employment and Trafficking of Migrant Workers in the Baltic Sea Region (Helsinki: HEUNI, 2014), pp. 191–192.

  20 Hedberg, C., “Grapes of Wrath? Power Spatialities and Aspects of Labour in the Wild Berry Global Commodity Chain”, Competition and Change (2013) 17(1): pp. 57–74.

  21 ANITP, Trafficking in Persons for Begging-Romania Study (Piteşti: Delta Cart Educational Press, 2013), pp. 31–33.

  22 ANITP, National Integrated System to Monitor and Assess Trafficking in Persons, cited in Spapens et al., 2014, op. cit., p. 29.

  23 Ågren, L., 2014, op. cit.

  24 Spapens, T. and Fijnaut, C., Criminaliteit en rechtshandhaving in de Euregio Maas-Rijn (Oxford: Intersentia, 2005).

  25 Spapens et al., 2014, op. cit., p. 54.

  26 Spapens et al., 2014, op. cit., p. 55.

  27 Council of the Baltic Sea States Child Centre, Expert Group for Cooperation on Children at Risk, Children Trafficked for Exploitation in Begging and Criminality: A Challenge for Law Enforcement and Child Protection (Stockholm, 2013), p. 12.

  28 Spapens et al., 2014, op. cit., p. 40.

  29 Spapens et al., 2014, op. cit., p. 54.

  30 Centrul Parteneriat pentru Egalitate, Hopes for Sale. Qualitative Research Regarding Trafficking for Sexual Exploitation in Romania and Italy, 2007–2011 (available only in Romanian and Italian, April 2012), p. 60.

  31 The Emergo project aimed at tackling organised crime in the Amsterdam Red Light District. See: Project-groep Emergo (Amsterdam: Boom, 2011).

  32 Verhoeven, M., Van Gestel, B., and De Jong, D., Mensenhandel in de Amsterdamse Raamprostitutie (The Hague: Boom Juridische Uitgevers, 2011), p. 110.

  33 Vogiazides and Hedberg, 2013, op. cit., p. 206.

  34 Romanian National Agency against Trafficking in Persons, Trafficking in Persons for Begging (Piteşti: Delta Cart House, 2013), p. 50.

  35 Spapens et al., 2014, op. cit., p. 55.

  36 Spapens et al., 2014, op. cit., p. 35.

  37 The database was searched by the key-word ‘mensenhandel’ [human trafficking]. One criminal investigation may lead to separate rulings for each of the members of the criminal group. For the purpose of this study, these rulings were considered as one case.

  38 Adopted from Spapens et al., 2014, op. cit., p. 72.

  39 Kruisbergen, E., Van de Bunt, H., and Kleemans, E., Georganiseerde criminaliteit in Nederland. Vierde rapportage op basis van de monitor georganiseerde criminaliteit (The Hague: Boom Lemma Uitgevers, 2012).

  40 In the Netherlands, such investigations usually take at least a year, and involve a team of detectives of about ten people. Evidence gathering typically requires a range of special (covert) investigative methods, such as the interception of telecommunication and surveillance.

  41 Verhoeven, M. et al., 2011, op. cit., pp. 35–40.

  42 Goverde, R., De zaak Mandy P. (Amsterdam: Mistral, 2009).

  43 Miller, J., “Gender and Victimization Risk Among Young Women in Gangs”, in Pogrebin, M. (ed.), About Criminals (Thousand Oaks: Sage, 2004), pp. 210–219, p. 216.

  44 ECLI: NL:RBNHO:2013:9066. In the Dutch context, the smuggling of 20 kilos of cocaine is considered small-scale.

  45 ECLI:NL:RBLEE:2010:BN1233.

  46 ECLI:NL:RBLEE:2010:BN1233.

  47 Spapens, T., Georganiseerde misdaad en strafrechtelijke samenwerking in de Nederlandse grensgebieden (Oxford: Intersentia, 2008); Van Gestel, B., Facilitering van mobiele bendes (The Hague: WODC, 2014), p. 28.

  48 Reichel, P. and Albanese, J. (eds.), The Handbook of Transnational Crime and Justice (2nd edition, Thousand Oaks: Sage, 2014).

  49 Europol, Threat Assessment Italian Organised Crime (The Hague, 2013), p. 3.

  50 Europol, 2013, op. cit., p. 13.

  51 Europol, Major Hit on International Albanian Organised Crime Network (The Hague, 11 April 2013).

  52 Kölner Stadt-Anzeiger, Rockerkrieg im Rotlichtviertel (1 March 2013). Landeskriminalamt Nordrhein-Westfalen, Menschenhandel zum zweck der sexuellen Ausbeutung (Düsseldorf, 2013), p. 7; KLPD/Politieregio Limburg-Zuid, Kennisdocument Hells Angels en andere 1% Motorcycle Gangs in Nederland (Zoetermeer, 2010).

  53 Europol, Major International Operation Against Hells Angels (The Hague, 24 July 2013).

  54 See Paoli, L., “The Italian Mafia”, in Paoli, L. (ed.), The Oxford Handbook on Organized Crime (Oxford: Oxford University Press, 2014), pp. 121–141.

  55 Although 80% of the Dutch members of OMCGs have a criminal record, this is one of the reasons why, for instance, the Hells Angels was not banned as a criminal organisation. Nationale politie, 2014, Outlawbikers in Nederland, Woerden, p. 187.

  56 Spapens, T., “Dutch Crime Networks”, in Bruinsma, G. and Weisburd, D. (eds.), Encyclopedia of Criminology and Criminal Justice (New York: Springer, 2014), pp. 1211–1219.

  Index

  Note: Page numbers in italic indicate a figure on the corresponding page. Page numbers in bold indicate a table on the corresponding page.

  Abas, M. 293–4

  Abeokuta’s quarry labour exploitation 515, 515–16, 519

  abuse after family reintegration 280

  abuse of a position of vulnerability (APOV): ‘act’ element 190; evidentiary issues 192–3; international law and practice 185–8; introduction 185; irrelevance of consent 191–2; ‘means’ element 188–9; other means 189–90; practitioner views 189, 193–4; ‘purpose’ element 190–1; risks and opportunities 194–5; survey of 188–94; trafficking vs. vulnerability 186

  Abuse of a Position of Vulnerability paper 207

  accommodators, defined 537

  Action-oriented Paper (AOP) 407

  actor-centred institutionalism 396, 397

  actus reus of trafficking 186

  acute stress disorder (ASD) 292, 296–7

  Adepoju, A. 55

  Ad Hoc Committee 22, 24–5, 29

  African Charter on Human and Peoples Rights 58

  African Charter on the Rights and Welfare of the Child 58

  African human trafficking: country level actions 59–60; development-centred approach 61–2; effective action against 60–2; factors promoting 56–7; forms and manifestations of 53–4; frameworks for combating 58–60; international context 58; introduction to 52; migration link 54–6; persistence of 54–7; prevention paradigm 60–1; regional approach to 58–9; scale of 52–4; summary of 63; victim/human rights-centred approach to 62

  African Refugee Development Centre (ARDC) 148

  African Slave Trade 3–5

  African Union (AU) 444

  African Union Commission Initiative against Trafficking (AU.COMMIT) 58

  Agamben, Giorgio 337

  Age of Steam 5

  Agustín, Laura 362, 506

  Albanian ‘mafia’ 543

  ambiguous definition challenge 34–5

  Amery, Jean 366

  Amnesty International 461, 495

  ancillary orders in common law systems 221–2

  ancillary rights in victim reparation 268–70

  Anderson, Bridget 504

  Annan, Kofi 448

  Annotated Protocol 331

  anti-money laundering (AML) 87

  Anti-Slavery International 158, 463

  anti-trafficking coordinator (ATC) 48

  anti-trafficking data collection: global data instruments 408–10, 409; human rights strategies 412
–13; introduction 407–8; methodologies 410–12; overview of 408; summary of 413–14

  Anti-Trafficking Directive (EU) 47, 174

  anti-trafficking discourses of criminality: Abeokuta’s quarry labour exploitation 515, 515–16, 519; caporale and caporali framing 511–13, 514, 516–17; case studies 518–19, 521–2; cotton crops in Benin 523; Foggian tomato labour exploitation 516–18, 517, 523–4; ‘folk devil’ criminal figures 513, 520–1; mobility of labour exploitation 514–22, 515, 517; political economic backstory 522–4; research methods and context 513–14; socio-cultural factors 520; summary of 524

  anti-trafficking framework: activism/advocacy in US 359–62; concerns with implementation of 423–4; concerns with misuse of 422–3; human rights problems 420–2; impact of 424–5; introduction to 419–20; legislation 81–3; monitoring 251; NGO role 343, 426–8; problems with 420–4; standards for 256; TIP reports 389

  Anti-Trafficking in Persons Act 72–3

  Anti-Trafficking Monitoring Group 309

  anti-violence and brothel bans 489

  anxiety in trafficked persons 292

  Aradau, C. 411

  armed conflict trafficking 97–8

  artisan slave trade 4

  ASEAN Regional Fisheries Management Mechanism (ARFMM) 73–4

  Asia, human trafficking for ransom 149

  Asian women victims of violence 500

  Asia/Pacific Group (APG) on Money Laundering 87

  assessments of secondary data 408–9, 409

  Association of Southeast Asian Nations (ASEAN) 31, 32, 73–4, 252, 474

  asylum-seekers 201, 206

  Atlantic Slave Trade 3–6, 9–10

  Attorney General of the Federation v. Franca Edith Asiboja 53