Pornography

From Wikipedia, the free encyclopedia

"XXX" is often used to designate pornographic material.

 

Pornography (often abbreviated porn) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Pornography may be presented in a variety of media, including books, magazines, postcards, photographs, sculpture, drawing, painting, animation, sound recording, phone calls, writing, film, video, and video games. The term applies to the depiction of the act rather than the act itself, and so does not include live exhibitions like sex shows and striptease. The primary subjects of present-day pornographic depictions are pornographic models, who pose for still photographs, and pornographic actors or "porn stars", who perform in pornographic films. If dramatic skills are not involved, a performer in pornographic media may also be called a model.

Various groups within society have considered depictions of a sexual nature immoral, addictive, and noxious, labeling them pornographic, and attempting to have them suppressed under obscenity and other laws, with varying degrees of success. Such works have also often been subject to censorship and other legal restraints to publication, display, or possession, leading in many cases to their loss. Such grounds, and even the definition of pornography, have differed in various historical, cultural, and national contexts.

Social attitudes towards the discussion and presentation of sexuality have become more tolerant in Western countries, and legal definitions of obscenity have become more limited, notably beginning in 1969 with Blue Movie by Andy Warhol, the first adult erotic film depicting explicit sex to receive wide theatrical release in the United States, and the subsequent Golden Age of Porn (1969-1984), leading to an industry for the production and consumption of pornography in the latter half of the 20th century. The introduction of home video and the Internet saw a boom in the worldwide porn industry that generates billions of dollars annually. Commercialized pornography accounts for over US$2.5 billion in the United States alone, including the production of various media and associated products and services. The general porn industry is between $10-$12 billion in the U.S. In 2006, the world pornography revenue was 97 billion dollars. This industry employs thousands of performers along with support and production staff. It is also followed by dedicated industry publications and trade groups as well as the mainstream press, private organizations (watchdog groups), government agencies, and political organizations. More recently, sites such as Pornhub, RedTube, and YouPorn, in addition to much pirated porn posted by individuals, have served as repositories for home-made or semi-professional pornography, made available free by its creators (who could be called exhibitionists). They present a significant challenge to the commercial pornographic film industry.

Irrespective of the legal or social view of pornography, it has been used in a number of contexts. It is used, for example, at fertility clinics to stimulate sperm donors. Some couples use pornography at times for variety and to create a sexual interest or as part of foreplay. There is also some evidence that pornography can be used to treat voyeurism.

Etymology

The word pornography was coined from the ancient Greek words πόρνη (pórnē "prostitute" and πορνεία porneía "prostitution"), and γράφειν (gráphein "to write or to record", derived meaning "illustration", as in "graph"), and the suffix -ία (-ia, meaning "state of", "property of", or "place of"), thus meaning "a written description or illustration of prostitutes or prostitution". No date is known for the first use of the word in Greek; the earliest attested, most related word one could find in Greek, is πορνογράφος, pornográphos, i.e. "someone writing about harlots", in the Deipnosophists of Athenaeus. The Modern Greek word pornographia (πορνογραφία) is a reborrowing of the French pornographie.

"Pornographie" was in use in the French language during the 1800s. The word did not enter the English language as the familiar word until 1857 or as a French import in New Orleans in 1842. The word was originally introduced by classical scholars as "a bookish, and therefore nonoffensive, term for writing about prostitutes", but its meaning was quickly expanded to include all forms of "objectionable or obscene material in art and literature". As early as 1864, Webster's Dictionary defined the word bluntly as "a licentious painting". The more inclusive word erotica, sometimes used as a synonym for "pornography", is derived from the feminine form of the ancient Greek adjective ἐρωτικός (erōtikós), derived from ἔρως (érōs), which refers to lust and sexual love.

Pornography is often abbreviated to porn or porno in informal language.

History

Depictions of a sexual nature have existed since prehistoric times, as seen in the Venus figurines and rock art. A vast number of artifacts have been discovered from ancient Mesopotamia depicting explicit heterosexual sex. Glyptic art from the Sumerian Early Dynastic Period frequently shows scenes of frontal sex in the missionary position. In Mesopotamian votive plagues from the early second millennium BC, the man is usually shown entering the woman from behind while she bends over, drinking beer through a straw. Middle Assyrian lead votive figurines often represent the man standing and penetrating the woman as she rests on top of an altar. Scholars have traditionally interpreted all these depictions as scenes of ritual sex, but they are more likely to be associated with the cult of Inanna, the goddess of sex and prostitution. Many sexually explicit images were found in the temple of Inanna at Assur, which also contained models of male and female sexual organs.

Depictions of sexual intercourse were not part of the general repertory of ancient Egyptian formal art, but rudimentary sketches of heterosexual intercourse have been found on pottery fragments and in graffiti. The final two thirds of the Turin Erotic Papyrus (Papyrus 55001), an Egyptian papyrus scroll discovered at Deir el-Medina, consist of a series of twelve vignettes showing men and women in various sexual positions. The scroll was probably painted in the Ramesside period (1292-1075 BC) and its high artistic quality indicates that was produced for a wealthy audience. No other similar scrolls have yet been discovered.

Oil lamp artifact depicting coitus more ferarum

 

Fanny Hill (1748) is considered "the first original English prose pornography, and the first pornography to use the form of the novel." It is an erotic novel by John Cleland first published in England as Memoirs of a Woman of Pleasure. It is one of the most prosecuted and banned books in history. The authors were charged with "corrupting the King's subjects." 

When large-scale excavations of Pompeii were undertaken in the 1860s, much of the erotic art of the Romans came to light, shocking the Victorians who saw themselves as the intellectual heirs of the Roman Empire. They did not know what to do with the frank depictions of sexuality and endeavored to hide them away from everyone but upper-class scholars. The moveable objects were locked away in the Secret Museum in Naples and what could not be removed was covered and cordoned off as to not corrupt the sensibilities of women, children, and the working classes.

After the modern invention of photography, the photographic pornography was also born. The parisian demimonde included Napoleon III's minister, Charles de Morny, who was an early patron that displayed photos at large gatherings.

The world's first law criminalizing pornography was the English Obscene Publications Act 1857 enacted at the urging of the Society for the Suppression of Vice. The Act, which applied to the United Kingdom and Ireland, made the sale of obscene material a statutory offence, giving the courts power to seize and destroy offending material. The American equivalent was the Comstock Act of 1873 which made it illegal to send any "obscene, lewd, and/or lascivious" materials through the mail. The English Act did not apply to Scotland, where the common law continued to apply. However, neither the English nor the United States Act defined what constituted "obscene", leaving this for the courts to determine. Before the English Act, the publication of obscene material was treated as a common law misdemeanour and effectively prosecuting authors and publishers was difficult even in cases where the material was clearly intended as pornography. Although nineteenth-century legislation eventually outlawed the publication, retail, and trafficking of certain writings and images regarded as pornographic and would order the destruction of shop and warehouse stock meant for sale, the private possession of and viewing of (some forms of) pornography was not made an offence until the twentieth century.

Historians have explored the role of pornography in social history and the history of morality.

The Victorian attitude that pornography was for a select few can be seen in the wording of the Hicklin test stemming from a court case in 1868 where it asks, "whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences." Although they were suppressed, depictions of erotic imagery were common throughout history.

Pornographic film production commenced almost immediately after the invention of the motion picture in 1895. Two of the earliest pioneers were Eugène Pirou and Albert Kirchner. Kirchner directed the earliest surviving pornographic film for Pirou under the trade name "Léar". The 1896 film Le Coucher de la Mariée showed Louise Willy performing a striptease. Pirou's film inspired a genre of risqué French films showing women disrobing and other filmmakers realised profits could be made from such films.

Marquee at Pilgrim Theatre on Washington Street showing Dr. Sex (1964).

 

Sexually explicit films opened producers and distributors to prosecution. Those that were made were produced illicitly by amateurs starting in the 1920s, primarily in France and the United States. Processing the film was risky as was their distribution. Distribution was strictly private. In 1969, Denmark became the first country to abolish censorship, thereby decriminalizing pornography, which led to an explosion in investment and of commercially produced pornography. However, it continued to be banned in other countries, and had to be smuggled in, where it was sold "under the counter" or (sometimes) shown in "members only" cinema clubs. Nonetheless, and also in 1969, Blue Movie by Andy Warhol, was the first adult erotic film depicting explicit sex to receive wide theatrical release in the United States. The film was a seminal film in the Golden Age of Porn and, according to Warhol, a major influence in the making of Last Tango in Paris, an internationally controversial erotic drama film, starring Marlon Brando, and released a few years after Blue Movie was made.

Data suggests an increase in pornography viewing over the past few decades, and this has been attributed to the growth of Internet pornography since widespread public access to the World Wide Web in the late 1990s. Through the 2010s, many pornographic production companies and top pornographic websites – such as PornHub, RedTube and YouPorn – were acquired by MindGeek, which has been described as "a monopoly".

The scholarly study of pornography, notably in cultural studies, is limited, perhaps due to the controversy about the topic in feminism. The first peer-reviewed academic journal about the study of pornography, Porn Studies, was published in 2014.

Classification

Pornography is often distinguished from erotica, which consists of the portrayal of sexuality with high-art aspirations, focusing also on feelings and emotions, while pornography involves the depiction of acts in a sensational manner, with the entire focus on the physical act, so as to arouse quick intense reactions.

Pornography is generally classified as either softcore or hardcore. A pornographic work is characterized as hardcore if it has any hardcore content, no matter how small. Both forms of pornography generally contain nudity. Softcore pornography generally contains nudity or partial nudity in sexually suggestive situations, but without explicit sexual activity, sexual penetration or "extreme" fetishism, while hardcore pornography may contain graphic sexual activity and visible penetration, including unsimulated sex scenes.

Subgenres

Pornography encompasses a wide variety of genres. Pornography featuring heterosexual acts composes the bulk of pornography and is "centred and invisible", marking the industry as heteronormative. However, a substantial portion of pornography is not normative, featuring more nonconventional forms of scenarios and sexual activity such as "'fat' porn, amateur porn, disabled porn, porn produced by women, queer porn, BDSM, and body modification."

Pornography can be classified according to the physical characteristics of the participants, fetish, sexual orientation, etc., as well as the types of sexual activity featured. Reality and voyeur pornography, animated videos, and legally prohibited acts also influence the classification of pornography. Pornography may fall into more than one genre. The genres of pornography are based on the type of activity featured and the category of participants, for example:

• Alt porn
• Amateur pornography
• Bondage pornography
• Ethnic pornography
• Fetish pornography
• Group sex
• Reality pornography
• Porn parody
• Sexual-orientation-based pornography
  • Straight porn
  • Gay pornography
  • Lesbian pornography
  • Bisexual pornography

Commercialism

Economics

Revenues of the adult industry in the United States are difficult to determine. In 1970, a Federal study estimated that the total retail value of hardcore pornography in the United States was no more than $10 million.

In 1998, Forrester Research published a report on the online "adult content" industry estimating $750 million to $1 billion in annual revenue. As an unsourced aside, the Forrester study speculated on an industry-wide aggregate figure of $8–10 billion, which was repeated out of context in many news stories, after being published in Eric Schlosser's book on the American black market. Studies in 2001 put the total (including video, pay-per-view, Internet and magazines) between $2.6 billion and $3.9 billion.

As of 2014, the porn industry was believed to bring in more than $13 billion on a yearly basis in the United States.

CNBC has estimated that pornography was a $13 billion industry in the US, with $3,075 being spent on porn every second and a new porn video being produced every 39 minutes.

A significant amount of pornographic video is shot in the San Fernando Valley, which has been a pioneering region for producing adult films since the 1970s, and has since become home for various models, actors/actresses, production companies, and other assorted businesses involved in the production and distribution of pornography. 

The pornography industry has been considered influential in deciding format wars in media, including being a factor in the VHS vs. Betamax format war (the videotape format war) and in the Blu-ray vs. HD DVD format war (the high-def format war).

Technology

Pornographers have taken advantage of each technological advance in the production and distribution of visual images. Pornography is considered a driving force in the development of technologies from the printing press, through photography (still and motion), to satellite TV, other forms of video, and the Internet.

With commercial availability of tiny cameras and wireless equipment, "voyeur" pornography established an audience. Mobile cameras are used to capture pornographic photos or videos, and forwarded as MMS, a practice known as sexting.

Computer-generated images and manipulations

Digital manipulation requires the use of source photographs, but some pornography is produced without human actors at all. The idea of completely computer-generated pornography was conceived very early as one of the most obvious areas of application for computer graphics and 3D rendering.

Until the late 1990s, digitally manipulated pornography could not be produced cost-effectively. In the early 2000s, it became a growing segment, as the modelling and animation software matured and the rendering capabilities of computers improved. As of 2004, computer-generated pornography depicting situations involving children and sex with fictional characters, such as Lara Croft, is already produced on a limited scale. The October 2004 issue of Playboy featured topless pictures of the title character from the BloodRayne video game.

3D pornography

The first pornographic film shot in 3D was 3D Sex and Zen: Extreme Ecstasy, released April 2011 in Hong Kong.

Production and distribution by region

The production and distribution of pornography are economic activities of some importance. The exact size of the economy of pornography and the influence that it has in political circles are matters of controversy. 

In the United States, the sex film industry is centered in the San Fernando Valley of Los Angeles. In Europe, Budapest is regarded as the industry center.

Piracy, the illegal copying and distribution of material, is of great concern to the porn industry, the subject of litigation and formalized anti-piracy efforts.

Study and analysis

Research concerning the effects of pornography is concerned with multiple outcomes. Such research includes potential influences on rape, domestic violence, sexual dysfunction, difficulties with sexual relationships, and child sexual abuse. While some literature reviews suggest that pornographic images and films can be addictive, insufficient evidence exists to draw conclusions. Several studies conclude the liberalization of porn in society may be associated with decreased rape and sexual violence rates, while others suggest no effect, or are inconclusive.

Legal status

World map of pornography (18+) laws

  Pornography legal

  Pornography legal, but under some restrictions

  Pornography illegal

  Data unavailable

The legal status of pornography varies widely from country to country. Most countries allow at least some form of pornography. In some countries, softcore pornography is considered tame enough to be sold in general stores or to be shown on TV. Hardcore pornography, on the other hand, is usually regulated. The production and sale, and to a slightly lesser degree the possession, of child pornography is illegal in almost all countries, and some countries have restrictions on pornography depicting violence, for example rape pornography or animal pornography. 

Pornographic entertainment on display in a sex shop window, where there is usually a minimum age to go into pornographic stores

 

Most countries attempt to restrict minors' access to hardcore materials, limiting availability to sex shops, mail-order, and television channels that parents can restrict, among other means. There is usually an age minimum for entrance to pornographic stores, or the materials are displayed partly covered or not displayed at all. More generally, disseminating pornography to a minor is often illegal. Many of these efforts have been rendered practically irrelevant by widely available Internet pornography. A failed US law would have made these same restrictions apply to the internet. 

In the United States, a person receiving unwanted commercial mail he or she deems pornographic (or otherwise offensive) may obtain a Prohibitory Order, either against all mail from a particular sender, or against all sexually explicit mail, by applying to the United States Postal Service. There are recurring urban legends of snuff movies, in which murders are filmed for pornographic purposes. Despite extensive work to ascertain the truth of these rumors, law enforcement officials have not found any such works. 

Some people, including pornography producer Larry Flynt and the writer Salman Rushdie, have argued that pornography is vital to freedom and that a free and civilized society should be judged by its willingness to accept pornography. 

The UK government has criminalized possession of what it terms "extreme pornography" following the highly publicized murder of Jane Longhurst. 

Child pornography is illegal in most countries, with a person most commonly being a child until the age of 18 (though the age varies). In those countries, any film or photo with a child subject in a sexual act is considered pornography and illegal.

Pornography can infringe into basic human rights of those involved, especially when consent was not obtained. For example, revenge porn is a phenomenon where disgruntled sexual partners release images or video footage of intimate sexual activity, usually on the internet. In many countries there has been a demand to make such activities specifically illegal carrying higher punishments than mere breach of privacy or image rights, or circulation of prurient material. As a result, some jurisdictions have enacted specific laws against "revenge porn".

What is not pornography

In the U.S., a July 2014 criminal case decision in Massachusetts, Commonwealth v. Rex, 469 Mass. 36 (2014), made a legal determination of what was not to be considered "pornography" and in this particular case "child pornography". It was determined that photographs of naked children that were from sources such as National Geographic magazine, a sociology textbook, and a nudist catalog were not considered pornography in Massachusetts even while in the possession of a convicted and (at the time) incarcerated sex offender.

Drawing the line depends on time and place, Occidental mainstream culture got increasingly "pornified" (i.e. tainted by pornographic themes and mainstream movies got to include unsimulated sexual acts).

Copyright status

In the United States, some courts have applied US copyright protection to pornographic materials. Although the first US copyright law specifically did not cover obscene materials, the provision was removed subsequently. Most pornographic works are theoretically work for hire meaning pornographic models do not receive statutory royalties for their performances. Of particular difficulty is the changing community attitudes of what is considered obscene, meaning that works could slip into and out of copyright protection based upon the prevailing standards of decency. This was not an issue with the copyright law up until 1972 when copyright protection required registration. The law was changed to make copyright protection automatic, and for the life of the author.

Some courts have held that copyright protection effectively applies to works, whether they are obscene or not, but not all courts have ruled the same way. The copyright protection rights of pornography in the United States has again been challenged as late as February 2012.

Views on pornography

A caricature on "the great epidemic of pornography", 19th-century French illustration

 

Views and opinions of pornography come in a variety of forms and from a diversity of demographics and societal groups. Opposition of the subject generally, though not exclusively, comes from three main sources: law, feminism and religion.

Feminist views

Many feminists, including Andrea Dworkin and Catharine MacKinnon, argue that all pornography is demeaning to women or that it contributes to violence against women, both in its production and in its consumption. The production of pornography, they argue, entails the physical, psychological, or economic coercion of the women who perform in it, and where they argue that the abuse and exploitation of women is rampant; in its consumption, they charge that pornography eroticizes the domination, humiliation and coercion of women, and reinforces sexual and cultural attitudes that are complicit in rape and sexual harassment. They charge that pornography presents a severely distorted image of sexual relations, and reinforces sex myths; that it always shows women as readily available and desiring to engage in sex at any time, with any man, on men's terms, always responding positively to any advances men make. They argue that because pornography often shows women enjoying and desiring to be violently attacked by men, saying "no" when they actually want sex, fighting back but then ending up enjoying the act – this can affect the public understanding of legal issues such as consent to sexual relations.

In contrast to these objections, other feminist scholars argue that the lesbian feminist movement in the 1980s was good for women in the porn industry. As more women entered the developmental side of the industry, this allowed women to gear porn more towards women because they knew what women wanted, both for actresses and the audience. This is believed to be a good thing because for such a long time, the porn industry has been directed by men for men. This also sparked the arrival of making lesbian porn for lesbians instead of men.

Furthermore, many feminists argue that the advent of VCR and consumer video allowed for the possibility of feminist pornography. Consumer video made it possible for the distribution and consumption of video pornography to locate women as legitimate consumers of pornography. Tristan Taormino says that feminist porn is "all about creating a fair working environment and empowering everyone involved." Feminist porn directors are interested in challenging representations of men and women, as well as providing sexually-empowering imagery that features many kinds of bodies.

In a 1995 essay for The New Yorker, writer Susan Faludi argued that porn was one of the few industries where women enjoy a power advantage in the workplace. "'Actresses have the power,' Alec Metro, one of the men in line, ruefully noted of the X-rated industry. A former firefighter who claimed to have lost a bid for a job to affirmative action, Metro was already divining that porn might not be the ideal career choice for escaping the forces of what he called 'reverse discrimination.' Female performers can often dictate which male actors they will and will not work with. 'They make more money than us.' Porn – at least, porn produced for a heterosexual audience – is one of the few contemporary occupations where the pay gap operates in women's favor; the average actress makes fifty to a hundred per cent more money than her male counterpart. But then she is the object of desire; he is merely her appendage, the object of the object."

Harry Brod offered a Marxist feminist view: "I [Brod] would argue that sex seems overrated [to men is] because men look to sex for fulfillment of nonsexual emotional needs, a quest doomed to failure. Part of the reason for this failure is the priority of quantity over quality of sex which comes with sexuality's commodification."

Religious views

Religious organizations have been important in bringing about political action against pornography. In the United States, religious beliefs affect the formation of political beliefs that concern pornography.

Forced prostitution

From Wikipedia, the free encyclopedia

Forced prostitution, also known as involuntary prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions such as the Rome Statute of the International Criminal Court but have been insufficiently understood and inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.

Forced prostitution is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation.

Legal situation

Forced prostitution is illegal under customary law in all countries. This is different from voluntary prostitution which may have a different legal status in different countries, which range from being fully illegal and punishable by death  to being legal and regulated as an occupation. 

While the legality of adult prostitution varies between jurisdictions, the prostitution of children is illegal nearly everywhere in the world. 

In 1949, the UN General Assembly adopted the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. This Convention supersedes a number of earlier conventions that covered some aspects of forced prostitution, and also deals with other aspects of prostitution. It penalises the procurement and enticement to prostitution as well as the maintenance of brothels. As at December 2013, the Convention has only been ratified by 82 countries. One of the main reasons it has not been ratified by many countries is because it 'voluntary' is broadly defined in countries with a legal sex industry. For example, in countries such as Germany, the Netherlands, New Zealand, Greece, Turkey, and other countries some forms of prostitution and pimping are legal and regulated as professional occupations.

Child prostitution

Child prostitution is considered inherently non-consensual and exploitative, as children, because of their age, are not legally able to consent. In most countries child prostitution is illegal irrespective of the child reaching a lower statutory age of consent.

State parties to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography are required to prohibit child prostitution. The Protocol defines a child as any human being under the age of 18, "unless an earlier age of majority is recognized by a country's law". The Protocol entered into force on 18 January 2002, and as of December 2013, 166 states are party to the Protocol and another 10 states have signed but not yet ratified it.

The Worst Forms of Child Labour Convention, 1999 (Convention No 104) of the International Labour Organization (ILO) provides that the use, procuring or offering of a child for prostitution is one of the worst forms of child labor. This convention, adopted in 1999, provides that countries that had ratified it must eliminate the practice urgently. It enjoys the fastest pace of ratifications in the ILO's history since 1919. 

In the United States, the Victims of Trafficking and Violence Protection Act of 2000 classifies any "commercial sex act [which] is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age" to be a "Severe Form of Trafficking in Persons".

In many countries, especially poorer countries, child prostitution remains a very serious problem, and numerous tourists from the Western World travel to these countries to engage in child sex tourism. Thailand, Cambodia, India, Brazil and Mexico have been identified as leading hotspots of child sexual exploitation.

Human trafficking

Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery. According to a report by the UNODC, internationally, the most common destinations for victims of human trafficking are Thailand, Japan, Israel, Belgium, the Netherlands, Germany, Italy, Turkey and the United States. The major sources of trafficked persons are Thailand, China, Nigeria, Albania, Bulgaria, Belarus, Moldova, and Ukraine.

Following the first international conference on the prevention of trafficking of women in Paris in 1885 a series of initiatives to restrict the trade of women into the sex trade were initiated. Both the League of Nations and the United Nations have addressed the issue.

A 2010 United Nations Office on Drugs and Crime report estimates that globally, 79% of identified victims of human trafficking were trafficked for sexual exploitation, 18% for forced labor, and 3% for other forms of exploitation. In 2011, preliminary European Commission in September 2011 similarly estimated that among human-trafficking victims, 75% were trafficked for sexual exploitation and the rest for forced labor or other forms of exploitation.

Due to the illegal nature of prostitution and the different methodologies used in separating forced prostitution from voluntary prostitution, the extent of this phenomenon is difficult to estimate accurately. According to a 2008 report by the U.S. Department of State: "Annually, according to U.S. Government-sponsored research completed in 2006, 600,000 to 800,000 people are trafficked across national borders, which does not include millions trafficked within their own countries. Approximately 80% of transnational victims are women and girls and up to 50% are minors, and the majority of transnational victims are trafficked into commercial sexual exploitation." A 2014 European Commission report found that from 2010 to 2013, a total of 30,146 people were registered as victims of human trafficking in the 28 member states of the European Union; of these, 69% were victims of sexual exploitation.

In 2004, The Economist claimed that only a small proportion of prostitutes were explicitly trafficked against their will.

Elizabeth Pisani protested against the perceived hysteria around human trafficking preceding sport events like the Super Bowl or World Cup of Soccer.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also referred to as the Palermo Protocol) is a protocol to the United Nations Convention against Transnational Organized Crime and defines human trafficking as the "recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation." For this reason, threat, coercion, or use of force is not necessary to constitute trafficking, the exploitation of an existing vulnerability – such as economic vulnerability or sexual vulnerability – is sufficient. Sigma Huda, UN special reporter on trafficking in persons, observed that "For the most part, prostitution as actually practiced in the world usually does satisfy the elements of trafficking." However Save the Children sees explicit trafficking and prostitution as different issues: "The issue [human trafficking] however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. From this standpoint then, trafficking and prostitution become conflated with each other".

Voluntary vs involuntary prostitution

With regard to prostitution, three worldviews exist: abolitionism (where the prostitute is considered a victim), regulation (where the prostitute is considered a worker) and prohibitionism (where the prostitute is considered a criminal). Currently all these views are represented in some Western country. 

For the proponents of the abolitionist view, prostitution is always a coercive practice, and the prostitute is seen as a victim. They argue that most prostitutes are forced into the practice, either directly, by pimps and traffickers, indirectly through poverty, drug addiction and other personal problems, or, as it has been argued in recent decades by radical feminists such as Andrea Dworkin, Melissa Farley and Catharine MacKinnon, merely by patriarchal social structures and power relations between men and women. William D. Angel finds that "most" prostitutes have been forced into the occupation through poverty, lack of education and employment possibilities. Kathleen Barry argues that there should be no distinction between "free" and "coerced", "voluntary" and "involuntary" prostitution, "since any form of prostitution is a human rights violation, an affront to womanhood that cannot be considered dignified labour". France's Green Party argues: "The concept of "free choice" of the prostitute is indeed relative, in a society where gender inequality is institutionalized". The proponents of the abolitionist view hold that prostitution is a practice which ultimately leads to the mental, emotional and physical destruction of the women who engage in it, and, as such, it should be abolished. As a result of such views on prostitution, Sweden, Norway, and Iceland have enacted laws which criminalize the clients of the prostitutes, but not the prostitutes themselves. 

In contrast to the abolitionist view, those who are in favour of legalization do not consider the women who practice prostitution as victims, but as independent adult women who had made a choice which should be respected. Mariska Majoor, former prostitute and founder of the Prostitution Information Center, from Amsterdam, holds that: "In our [sex workers'] eyes it's a profession, a way of making money; it's important that we are realistic about this ... Prostitution is not bad; it's only bad if done against one's will. Most women make this decision themselves." According to proponents of regulation, prostitution should be considered a legitimate activity, which must be recognized and regulated, in order to protect the workers' rights and to prevent abuse. The prostitutes are treated as sex workers who enjoy benefits similar to other occupations. The World Charter for Prostitutes Rights (1985), drafted by the International Committee for Prostitutes' Rights, calls for the decriminalisation of "all aspects of adult prostitution resulting from individual decision". Since the mid-1970s, sex workers across the world have organised, demanding the decriminalisation of prostitution, equal protection under the law, improved working conditions, the right to pay taxes, travel and receive social benefits such as pensions. As a result of such views on prostitution, countries such as Germany, the Netherlands, and New Zealand have fully legalized prostitution. Prostitution is considered a job like any other.

In its understanding of the distinction between sex work and forced prostitution, the Open Society Foundations organization states: "sex work is done by consenting adults, where the act of selling or buying sexual services is not a violation of human rights".

Legal discrimination

Sexual discrimination happens to those who work both in sex work and forced prostitution. Historically, crimes involving violence against women and having to do with prostitution and sex work have been taken less seriously by the law. Although acts such as the Violence Against Women Act have been passed to take steps toward preventing such violence, there is still sexism rooted in the way that the legal system approaches these cases. Gender based violence is a serious form of discrimination that has slipped through many cracks in the legal system of the United States. These efforts have fallen short due to the fact that there is no constitutional protection for women against discrimination. 

There is often no evidence, according to police, that when men are arrested for soliciting a prostitute that it is a gender based crime. However, there are large discrepancies between the arrests of prostitutes and the arrests of men caught in the act. While 70% of prostitution related arrests are of woman prostitutes, only 10% of related arrests are men/customers. Regardless if the girl or woman is either underage or forced into the exchange, she is still often arrested and victim blamed instead of being offered resources. The men who are charged with engaging in these illegal acts with woman who are prostitutes are able to pay for the exchange and therefore are usually able to pay for their release while the woman may not be able to. This generates a cycle of violence against women, as the situation’s outcome favors the man. In one case, a nineteen-year-old woman in Oklahoma was charged with offering to engage in prostitution when the woman was known to have previously been a victim of human sex trafficking. She is an example of how the criminalization of prostitution often leads to women being arrested multiple times due to the fact that they are often punished or arrested even when the victim of a situation. Young women and girls have a much higher likelihood of getting arrested for prostitution than boys in general, and woman victims of human trafficking often end up being arrested upon multiple occasions, being registered as a sex offender, and being institutionalized. The lack of rehabilitation given to women after experiences with human sex trafficking contributes to the cycles of arrests that most woman who engage in prostitution face.

The ERA or Equal Rights Amendment is a proposed amendment to the U.S Constitution that has not yet been ratified. It would guarantee that equal rights could not be denied under the law on account of sex. With this amendment in place, it would allow for sex workers and victims of human sex trafficking to have legal leverage when it comes to the discrepancies in how men and women (customers and prostitutes) are prosecuted. This is due to the fact that there would be legal grounds to argue the unequal legal treatment on account of sex, which is not currently outlawed by the U.S constitution. Although there are other acts and laws that protect against discrimination based on a variety of categories and identities, they are often not substantial enough, provide loopholes, and do not offer adequate protection. This connects to liberal feminism and the more individualistic approach that comes with this theory. Liberal feminists believe that there should be equality between the sexes and this should be gained through equal legal rights, equal education, and women having "greater self value as individuals". This theory focuses on equality at a more individual level as supposed to rethinking legal systems themselves or systems of gender, just as the ERA works for the equality of sexes within an existing system.

Global situation

Europe

In Europe, since the fall of the Iron Curtain, the former Eastern bloc countries such as Albania, Moldova, Bulgaria, Russia, Belarus and Ukraine have been identified as the major source countries for trafficking of women and children. Young women and girls are often lured to wealthier countries by the promises of money and work and then reduced to sexual slavery. It is estimated that two thirds of women trafficked for prostitution worldwide annually come from Eastern Europe and China, three-quarters of whom have never worked as prostitutes before. The major destinations are Belgium, the Netherlands, Germany, Italy, Turkey, the Middle East (Israel, the United Arab Emirates), Asia, Russia and the United States.

Americas

Mobster Charles "Lucky" Luciano was convicted of compulsory prostitution and running a prostitution racket in the USA in 1936

In Mexico, many criminal organisations lure, and capture women and use them in brothels. Once the women become useless to the organisations, they are often killed. Often, the criminal organisations focus on poor, unemployed girls, and lure them via job offerings (regular jobs), done via billboards and posters, placed on the streets. In some cities, like Ciudad Juárez, there is a high degree of corruption in all levels on the social ladder (police, courts, ...) which makes it more difficult to combat this criminal activity. Hotels where women are kept and which are known by the police are often also not raided/closed down by police. Nor are the job offerings actively investigated. Some NGO's such as Nuestras Hijas de Regreso a Casa A.C. are trying to fight back, often without much success. 

In the US, in 2002, the US Department of State repeated an earlier CIA estimate that each year, about 50,000 women and children are brought against their will to the United States for sexual exploitation. Former Secretary of State Colin Powell said that "[h]ere and abroad, the victims of trafficking toil under inhuman conditions – in brothels, sweatshops, fields and even in private homes." In addition to internationally trafficked victims, American citizens are also forced into prostitution. According to the National Center for Missing and Exploited Children, "100,000 to 293,000 children are in danger of becoming sexual commodities."

Middle East

Eastern European women are trafficked to several Middle Eastern countries, including Turkey and the United Arab Emirates. Until 2004, Israel was a destination for human trafficking for the sex industry.

A high number of the Iraqi women fleeing the Iraq War turned to prostitution, while others were trafficked abroad, to countries like Syria, Jordan, Egypt, Qatar, the United Arab Emirates, Turkey, and Iran. In Syria alone, an estimated 50,000 Iraqi refugee girls and women, many of them widows, had become prostitutes. Cheap Iraqi prostitutes helped to make Syria a popular destination for sex tourists before the Syrian Civil War. The clients come from wealthier countries in the Middle East. High prices are offered for virgins.

Asia

In Asia, Japan is the major destination country for trafficked women, especially from the Philippines and Thailand. The US State Department has rated Japan as either a ‘Tier 2’ or a ‘Tier 2 Watchlist’ country every year since 2001, in its annual Trafficking in Persons reports. Both these ratings implied that Japan was (to a greater or lesser extent) not fully compliant with minimum standards for the elimination of human trafficking trade. As of 2009, an estimated 200,000 to 400,000 people are trafficked through Southeast Asia, much of it for prostitution. It is common that Thai women are lured to Japan and sold to Yakuza-controlled brothels where they are forced to work off their price. Further in Japan, prejudice and the absence of anti-discrimination acts often drive a trans woman into forced prostitution. In Cambodia at least a quarter of the 20,000 people working as prostitutes are children with some being as young as 5. By the late 1990s, UNICEF estimated that there are 60,000 child prostitutes in the Philippines, describing Angeles City brothels as "notorious" for offering sex with children.

For the last decade it has been estimated that 6,000 - 7,000 girls are trafficked out of Nepal each year. But these numbers have recently risen substantially. Current numbers for girls trafficked out of the country are now 10,000 to 15,000 yearly. This is compounded as the US Central Intelligence Agency states that most trafficked girls are currently worth, in their span as a sex-worker, approx $250,000 (USD) on the sex-trades market.

North Korea

The North Korean state engages in forced prostitution. Girls as young as 14 years old are drafted to work in the kippŭmjo. Not all kippŭmjo work as prostitutes; the source used is unclear as to whether only adult women are assigned to prostitution, or whether there is prostitution of children. Other kippŭmjo activities are massaging and half-naked singing and dancing. According to the same source from April 2005, "60 to 70% of [North Korean] defectors [in the People's Republic of China] are women, 70 to 80% of whom are victims of human trafficking." North Korean authorities severely punish or even kill repatriated prostitutes and kill their Chinese-fathered children, born and unborn alike.

History

Forced prostitution has existed throughout history.

Nazi Germany

Main articles: German military brothels in World War II and German camp brothels in World War II

German military brothels were set up by the Third Reich during World War II throughout much of occupied Europe for the use of Wehrmacht and SS soldiers. These brothels were generally new creations, but in the West, they were sometimes set up using existing brothels as well as many other buildings. Until 1942, there were around 500 military brothels of this kind in German-occupied Europe. Often operating in confiscated hotels and guarded by the Wehrmacht, these facilities used to serve travelling soldiers and those withdrawn from the front. According to records, at least 34,140 European women were forced to serve as prostitutes during the German occupation of their own countries along with female prisoners of concentration camp brothels. In many cases in Eastern Europe, the women involved were kidnapped on the streets of occupied cities during German military and police round ups called łapanka or rafle.

In World War II, Nazi Germany established brothels in the concentration camps (Lagerbordell) to create an incentive for prisoners to collaborate, although these institutions were used mostly by Kapos, "prisoner functionaries" and the criminal element, because regular inmates, penniless and emaciated, were usually too debilitated and wary of exposure to Schutzstaffel (SS) schemes. In the end, the camp brothels did not produce any noticeable increase in the prisoners' work productivity levels, but instead, created a market for coupons among the camp VIPs. The women forced into these brothels came mainly from the Ravensbrück concentration camp, except for Auschwitz, which employed its own prisoners. In combination with the German military brothels in World War II, it is estimated that at least 34,140 female inmates were forced into sexual slavery during the Third Reich.

Comfort women

Rangoon, Burma. 8 August 1945. A young ethnic Chinese woman from one of the Imperial Japanese Army's "comfort battalions" is interviewed by an Allied officer.

Comfort women is a euphemism for women working in military brothels, especially by the Japanese military during World War II.

Around 200,000 are typically estimated to have been involved, with estimates as low as 20,000 from some Japanese scholars and estimates of up to 410,000 from some Chinese scholars, but the disagreement about exact numbers is still being researched and debated. Historians and researchers have stated that the majority were from Korea, China, Japan and Philippines but women from Thailand, Vietnam, Malaysia, Taiwan, Indonesia, East Timor and other Japanese-occupied territories were also used in "comfort stations". Stations were located in Japan, China, the Philippines, Indonesia, then Malaya, Thailand, then Burma, then New Guinea, Hong Kong, Macau, and what was then French Indochina.

Young women from countries under Japanese Imperial control were reportedly abducted from their homes. In some cases, women were also recruited with offers to work in the military. It has been documented that the Japanese military itself recruited women by force. However, Japanese historian Ikuhiko Hata stated that there was no organized forced recruitment of comfort women by the Japanese government or military.

The number and nature of comfort women servicing the Japanese military during World War II is still being actively debated, and the matter is still highly political in both Japan and the rest of the Far East Asia.

Many military brothels were run by private agents and supervised by the Korean Police. Some Japanese historians, using the testimony of ex-comfort women, have argued that the Imperial Japanese Army and Navy were either directly or indirectly involved in coercing, deceiving, luring, and sometimes kidnapping young women throughout Japan's Asian colonies and occupied territories.

Religious attitudes

Hinduism

In Southern India & eastern Indian state of Odisha, devadasi is the practice of hierodulic prostitution, with similar customary forms such as basavi, and involves dedicating pre-pubescent and young adolescent girls from villages in a ritual marriage to a deity or a temple, who then work in the temple and function as spiritual guides, dancers, and prostitutes servicing male devotees in the temple. Human Rights Watch reports claim that devadasis are forced into this service and, at least in some cases, to practice prostitution for upper-caste members.

Various state governments in India enacted laws to ban this practice both prior to India's independence and more recently. They include Bombay Devdasi Act, 1934, Devdasi (Prevention of dedication) Madras Act, 1947, Karnataka Devdasi (Prohibition of dedication) Act, 1982, and Andhra Pradesh Devdasi (Prohibition of dedication) Act, 1988. However, the tradition continues in certain regions of India, particularly the states of Karnataka and Andhra Pradesh.

International legislation

• ILO Forced Labour Convention, 1930 (No. 29)
• ILO Abolition of Forced Labour Convention, 1957 (No. 105)
• ILO Minimum Age Convention, 1973 (No. 138)
• ILO Worst Forms of Child Labour Convention, 1999 (No. 182)

Smuggling

From Wikipedia, the free encyclopedia

British H.M. Revenue & Customs officers with seized smuggled tobacco, 2014.

 

A skirmish with smugglers from Finland at the Russian border, 1853. A painting by Vasily Hudiakov.

 

Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. 

There are various motivations to smuggle. These include the participation in illegal trade, such as in the drug trade, illegal weapons trade, exotic wildlife trade, illegal immigration or illegal emigration, tax evasion, providing contraband to a prison inmate, or the theft of the items being smuggled. 

Smuggling is a common theme in literature, from Bizet's opera Carmen to the James Bond spy books (and later films) Diamonds are Forever and Goldfinger.

Etymology

The verb smuggle, from Low German smuggeln or Dutch smokkelen (="to transport (goods) illegally"), apparently a frequentative formation of a word meaning "to sneak", most likely entered the English language during the 1600s–1700s.

History

A book with a concealed space for hiding cigarettes.

 

Smuggling has a long and controversial history, probably dating back to the first time at which duties were imposed in any form, or any attempt was made to prohibit a form of traffic. Smuggling is often associated with efforts by authorities to prevent the importation of certain contraband items or non-taxed goods; however, there has also been smuggling based on illegally exporting goods. In England smuggling first became a recognised problem in the 13th century, following the creation of a national customs collection system by Edward I in 1275. Medieval smuggling tended to focus on the export of highly taxed export goods — notably wool and hides. Merchants also, however, sometimes smuggled other goods to circumvent prohibitions or embargoes on particular trades. Grain, for instance, was usually prohibited from export, unless prices were low, because of fears that grain exports would raise the price of food in England and thus cause food shortages and / or civil unrest. Following the loss of Gascony to the French in 1453, imports of wine were also sometimes embargoed during wars to try and deprive the French of the revenues that could be earned from their main export.

Most studies of historical smuggling have been based on official sources — such as court records, or the letters of Revenue Officers. A senior academic of the University of Bristol states that they only detail the activities of those dumb enough to get caught. This has led him and others, such as Prof. H. V. Bowen of the University of Swansea to use commercial records to reconstruct smuggling businesses. Jones' study focuses on smuggling in Bristol in the mid-16th century, arguing that the illicit export of goods like grain and leather represented a significant part of the city's business, with many members of the civic elite engaging in it, whether by disguised/hidden transport or mis-description of goods. Grain smuggling by members of the civic elite, often working closely with corrupt customs officers, has also been shown to have been prevalent in East Anglia during the later 16th century.

In England wool was smuggled to the continent in the 17th century, under the pressure of high excise taxes. In 1724 Daniel Defoe wrote of Lymington, Hampshire, on the south coast of England

"I do not find they have any foreign commerce, except it be what we call smuggling and roguing; which I may say, is the reigning commerce of all this part of the English coast, from the mouth of the Thames to the Land's End in Cornwall."

The high rates of duty levied on tea and also wine and spirits, and other luxury goods coming in from mainland Europe at this time made the clandestine import of such goods and the evasion of the duty a highly profitable venture for impoverished fishermen and seafarers. In certain parts of the country such as the Romney Marsh, East Kent, Cornwall and East Cleveland, the smuggling industry was for many communities more economically significant than legal activities such as farming and fishing. The principal reason for the high duty was the need for the government to finance a number of extremely expensive wars with France and the United States. 

Before the era of drug smuggling and human trafficking, smuggling had acquired a kind of nostalgic romanticism, in the vein of Robert Louis Stevenson's Kidnapped:

"Few places on the British coast did not claim to be the haunts of wreckers or mooncussers. The thievery was boasted about and romanticized until it seemed a kind of heroism. It did not have any taint of criminality and the whole of the south coast had pockets vying with one another over whose smugglers were the darkest or most daring. The Smugglers Inn was one of the commonest names for a bar on the coast".

In Henley Road, smuggling in colonial times was a reaction to the heavy taxes and regulations imposed by mercantilist trade policies. After American independence in 1783, smuggling developed at the edges of the United States at places like Passamaquoddy Bay, St. Mary's in Georgia, Lake Champlain, and Louisiana. During Thomas Jefferson's embargo of 1807-1809, these same places became the primary places where goods were smuggled out of the nation in defiance of the law. Like Britain, a gradual liberalization of trade laws as part of the free trade movement meant less smuggling. in 1907 President Theodore Roosevelt tried to cut down on smuggling by establishing the Roosevelt Reservation along the United States-Mexico Border.^[12][13] Smuggling revived in the 1920s during Prohibition, and drug smuggling became a major problem after 1970. In the 1990s, when economic sanctions were imposed on Serbia, a large percent of the population lived off smuggling petrol and consumer goods from neighboring countries. The state unofficially allowed this to continue or otherwise the entire economy would have collapsed. 

In modern times, as many first-world countries have struggled to contain a rising influx of immigrants, the smuggling of people across national borders has become a lucrative extra-legal activity, as well as the extremely dark side, people-trafficking, especially of women who may be enslaved typically as prostitutes.

Types of smuggling

Goods

The International Anti-Opium Association, Peking "The War Against Opium"

 

Road sign at the Canada-US border prohibiting cannabis, Abercorn, Québec (2018)

 

Much smuggling occurs when enterprising merchants attempt to supply demand for a good or service that is illegal or heavily taxed. As a result, illegal drug trafficking, and the smuggling of weapons (illegal arms trade), as well as the historical staples of smuggling, alcohol and tobacco, are widespread. As the smuggler faces significant risk of civil and criminal penalties if caught with contraband, smugglers are able to impose a significant price premium on smuggled goods. The profits involved in smuggling goods appear to be extensive. The Iron Law of Prohibition dictates that greater enforcement results in more potent alcohol and drugs being smuggled.

Profits also derive from avoiding taxes or levies on imported goods. For example, a smuggler might purchase a large quantity of cigarettes in a place with low taxes and smuggle them into a place with higher taxes, where they can be sold at a far higher margin than would otherwise be possible. It has been reported that smuggling one truckload of cigarettes within the United States can lead to a profit of US$2 million.

People smuggling

With regard to people smuggling, a distinction can be made between people smuggling as a service to those wanting to illegally migrate and the involuntary trafficking of people. An estimated 90% of people who illegally crossed the border between Mexico and the United States are believed to have paid a smuggler to lead them across.

People smuggling can be used to rescue a person from oppressive circumstances. For example, when the Southern United States allowed slavery, many slaves moved north via the Underground Railroad. Similarly, during the Holocaust, Jewish people were smuggled out of Germany by people such as Algoth Niska.

Human trafficking

A poster warning the German women and girls about the danger of human traffic in the USA (ca 1900)

 

Actress and UNICEF Ambassador Lucy Liu spoke out against human trafficking and lauded USAID efforts to increase awareness

 

Trafficking of human beings, sometimes called human trafficking, or in the much referred to case of sexual services, sex trafficking, is not the same as people smuggling. A smuggler will facilitate illegal entry into a country for a fee, and on arrival at their destination, the smuggled person is free; the trafficking victim is coerced in some way. Victims do not agree to be trafficked: they are tricked, lured by false promises, or forced into it. Traffickers use coercive tactics including deception, fraud, intimidation, isolation, physical threats and use of force, debt bondage or even force-feeding drugs to control their victims. 

While the majority of victims are women, and sometimes children, other victims include men, women and children forced or conned into manual or cheap labor. Due to the illegal nature of trafficking, the exact extent is unknown. A U.S. government report published in 2003 estimates that 800,000-900,000 people worldwide are trafficked across borders each year. This figure does not include those who are trafficked internally.

Child trafficking

According to a study by Alternatives to Combat Child Labour Through Education and Sustainable Services in the Middle East and North Africa Region (ACCESS-MENA) 30% of school children living in border villages of Yemen had been smuggled into Saudi Arabia. Child trafficking is commonly referenced as "transporting". Smuggled children were in danger of being sexually abused or even killed. Poverty is one of the reasons behind child trafficking and some children are smuggled with their parents' consent via a transporter. As many as 50% of those smuggled are children. In the Philippines, between 60,000 and 100,000 children are trafficked to work in the sex industry.

Human trafficking and migration

Each year, hundreds of thousands of migrants are moved illegally by highly organized international smuggling and trafficking groups, often in dangerous or inhumane conditions. This phenomenon has been growing in recent years as people of low income countries are aspiring to enter developed countries in search of jobs. Migrant smuggling and human trafficking are two separate offences and differ in a few central respects. While "smuggling" refers to facilitating the illegal entry of a person into a State, "trafficking" includes an element of exploitation.

The trafficker retains control over the migrant—through force, fraud or coercion—typically in the sex industry, through forced labour or through other practices similar to slavery. Trafficking violates the idea of basic human rights. The overwhelming majority of those trafficked are women and children. These victims are commodities in a multibillion-dollar global industry. Criminal organizations are choosing to traffic human beings because, unlike other commodities, people can be used repeatedly and because trafficking requires little in terms of capital investment.

Smuggling is also reaping huge financial dividends to criminal groups who charge migrants massive fees for their services. Intelligence reports have noted that drug-traffickers and other criminal organizations are switching to human cargo to obtain greater profit with less risk.

It is acknowledged that the smuggling of people is a growing global phenomenon. It is a transnational crime. Currently, economic instability appears to be the main reason for illegal migration movement throughout the world. Nevertheless, many of the willing migrants undertake the hazardous travel to their destination country with criminal syndicates specialized in people smuggling. These syndicates arrange everything for the migrants, but at a high price.

Very often the traveling conditions are inhumane: the migrants are overcrowded in trucks or boats and fatal accidents occur frequently. After their arrival in the destination country, their illegal status puts them at the mercy of their smugglers, which often force the migrants to work for years in the illegal labor market to pay off the debts incurred as a result of their transportation.

Wildlife

A smuggler of rare birds arrested by the U.S. Customs and Border Protection at a U.S. border

 

Wildlife smuggling results from the demand for exotic species and the lucrative nature of the trade. The CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) regulates the movement of endangered wildlife across political borders.

Economics of smuggling

Research on smuggling as economic phenomenon is scant. Jagdish Bhagwati and Bent Hansen first forwarded a theory of smuggling in which they saw smuggling essentially as an import-substituting economic activity. Their main consideration, however, was the welfare implications of smuggling. Against common belief that the private sector is more efficient than the public sector, they showed that smuggling might not enhance social welfare though it may divert resources from government to private sector.

In contrast, Faizul Latif Chowdhury, in 1999, suggested a production-substituting model of smuggling in which price disparity due to cost of supply is critically important as an incentive for smuggling. This price disparity is caused by domestic consumption taxes and import duties. Drawing attention to the case of cigarettes, Chowdhury suggested that, in Bangladesh, smuggling of cigarettes reduced the level of domestic production. Domestic production of cigarettes is subject to value added tax (VAT) and other consumption tax. Reduction of domestic taxes enables the local producer to supply at a lower cost and bring down the price disparity that encourages smuggling.

However, Chowdhury suggested that there is a limit beyond which reducing domestic taxes on production cannot confer a competitive advantage versus smuggled cigarettes. Therefore, government needs to upscale its anti-smuggling drive so that seizures (the taking possession of person or property by legal process) can add to the cost of smuggling and thus render smuggling uncompetitive. Notably, Chowdhury modeled the relationship of the smuggler to the local producer as one of antagonistic duopoly.

Contrarily, in a research by Tat Chee Tsui in 2016, even if increasing of cigarette duty may encourage smuggling, total cigarette consumption still declines because price of illicit goods, as substitutes of taxed cigarettes, also increases because of higher tax rate.

Methods

X-ray of an abdomen piled up with cocaine

 

In smuggling, concealment can involve concealing the smuggled goods on a person's clothing, luggage or inside a body cavity. Some smugglers hide the whole transportation vehicle or ship used to bring the items into an area. Avoiding border checks, such as by small ships, private airplanes, through overland smuggling routes, smuggling tunnels and even small submersibles. This also applies for illegally passing a border oneself, for illegal immigration or illegal emigration. In many parts of the world, particularly the Gulf of Mexico, the smuggling vessel of choice is the go-fast boat.

Submitting to border checks with the goods or people hidden in a vehicle or between (other) merchandise, or the goods hidden in luggage, in or under clothes, inside the body, etc. Many smugglers fly on regularly scheduled airlines. A large number of suspected smugglers are caught each year by customs worldwide. Goods and people are also smuggled across seas hidden in containers, and overland hidden in cars, trucks, and trains. A related topic is illegally passing a border oneself as a stowaway. The high level of duty levied on alcohol and tobacco in Britain has led to large-scale smuggling from France to the UK through the Channel Tunnel. The combination of acknowledged corruption at the border and high import tariffs led smugglers in the 1970s and ‘80s to fly electronic equipment such as stereos and televisions in cargo planes from one country to clandestine landing strips in another, thereby circumventing encounters at the frontier between countries.

For illegally passing a border oneself, another method is with a false passport (completely fake, or illegally changed, or the passport of a lookalike).

The existence of the Multi-Consignment Contraband (MCC) smuggling method (smuggling two or more different types of contraband such as drugs and illegal immigrants or drugs and guns at the same time) was verified following the completion of a study that found 16 documented cases of smugglers transporting more than one type of contraband in the same shipment. MCC shipments were frequently associated with Phase II and Phase III smuggling organizations.

Legal definition

In popular perception smuggling is synonymous with illegal trade. Even social scientists have misconstrued smuggling as illegal trade. While the two have indeed identical objectives, namely the evasion of taxes and the importation of contraband items, their demand and cost functions are altogether different requiring different analytical framework. As a result, illegal trade through customs stations is differently considered, and smuggling is defined as international trade through ‘unauthorized route’. A seaport, airport or land port which has not been authorized by the government for importation and exportation is an ‘unauthorized route’. The legal definition of these occurs in the Customs Act of the country. Notably, some definitions define any 'undeclared' trafficking of currency and precious metal as smuggling. Smuggling is a cognizable offense in which both the smuggled goods and the goods are punishable.