A/CONF. 187/6 any women illegally entering developed countries are between countries is among the most popular responses, fully aware of the type of job for which they are destined. accompanied by the establishment of joint working groups They often know, for example, that their work in the host and cooperation between law enforcement agencies country will be in the sex industry. Some choose to pay a 33. Thought should be given to the possibility that this fee to traffickers who. in this context. could be more type of response, which entails that police forces around appropriately described as"illegal migration operators. the world coordinate their efforts, may contribute to the Some of the women plan to stay in the host country for a establishment of networks and practices and of technical number of years and return home with sufficient money to and political alliances that escape democratic control of start a business. Upon returning, these women may display both States and the international community Fear of the their newly acquired economic status, describe the easy powerful threat posed by transnational organized crime, in ways in which money can be earned and talk about the sum, may be exploited with a view to cutting normative tolerance of the police and the enthusiasm of customers. corners and eroding civil rights. 16 Sometimes, they may end up encouraging other women follow their example, therefore acting as facilitators or, 34. Consideration should also be given to the fact that indeed, as"migration operators"themselves. 4 transnational organized crime traditionally creates demand or the smuggled goods it brings into markets. As an 31. The conditions under which illegal migrants are example, cigarette smuggling started in Mediterranean forced to work would not seem to be attributable to traffickers, as responsibility for such conditions lies with countries as early as the 1950s and contributed to the unpredicted success of certain cigarette brands and the the labour market in which migrants are employed. Some decline of local tobacco products. The current smuggling thought should be given to the increase in flexible and of goods such as cars, clothes, computers and mobile casual work that is observed in most developed countries. phones in developing countries and countries with This increase has created a situation where workers with economies in transition may have the same effect, making low social and economic expectations are highly desirable. those countries totally dependent upon products from and Among these workers, illegal migrants seem to have a keen to adopt the lifestyles of developed countries formidable advantage because, as soon as their expectations become higher, employers can report them to 35. There is widespread agreement that transnational the police as illegal. Paying a fee to traffickers is part and organized crime is the result of new criminal opportunities parcel of this phenomenon, as migrants are taught that it is The nature and features of these opportunities deserve a privilege to enter an economically advanced country and, brief examination. According to a distinction suggested by once there, they had better not ruin such a unique Albanese,there are opportunities that provideeasy access opportunity by demanding too much. In sum, trafficking in to illicit earnings with relatively low risk, and there are human beings could also be analysed within a opportunities created by offenders. The former include not demand-supply framework, as illegal migrants employed only the provision of illicit goods and services that are in in the hidden economy, including the sex industry, meet a high demand but also opportunities that are the result of specific demand in economically advanced countries. More social and technological change. Opportunities created by thought, therefore, should be given to the effects of a strict offenders often involve bribery or extortion. Examples,in immigration policy, which may lower the expectations of this case, include protection rackets and frauds involving migrants more than it limits their numbers otherwise legitimate business enterprises. However, some forms of transnational organized crime make this 32. Among the circumstances that generate official distinction extremely blurred, if not redundant anxie ty is the fact that members of tra ansnationa criminal Transnational organizations seize easy oppo ortunities and groups take advantage of differences in legislation within create new ones at the same time. Their modus operandi is a country, moving across countries with a view to such that criminal acts become increasingly interdependent exploiting normative loopholes and inconsistencies. and multifaceted Is Skills acquired in one field are utilized Therefore"criminal groups spread into sectors where the in new markets, while partnerships are established with a risk of being arrested and heavily sentenced is relatively variety of actors, be they legitimate or otherwise.The low, especially compared to the attractive economic movement from one activity to the other, crucially, entails return"i Responses are advocated that may reduce such an intermittent shift from areas that traditionally pertain to normative inconsistencies while reducing the mobility of organized crime to areas that are the traditional preserve of transnational organized groups. The creation of agreementsA/CONF.187/6 6 many women illegally entering developed countries are fully aware of the type of job for which they are destined. They often know, for example, that their work in the host country will be in the sex industry. Some choose to pay a fee to traffickers who, in this context, could be more appropriately described as “illegal migration operators”. Some of the women plan to stay in the host country for a number of years and return home with sufficient money to start a business. Upon returning, these women may display their newly acquired economic status, describe the easy ways in which money can be earned and talk about the tolerance of the police and the enthusiasm of customers. Sometimes, they may end up encouraging other women to follow their example, therefore acting as facilitators or, indeed, as “migration operators” themselves.14 31. The conditions under which illegal migrants are forced to work would not seem to be attributable to traffickers, as responsibility for such conditions lies with the labour market in which migrants are employed. Some thought should be given to the increase in flexible and casual work that is observed in most developed countries. This increase has created a situation where workers with low social and economic expectations are highly desirable. Among these workers, illegal migrants seem to have a formidable advantage because, as soon as their expectations become higher, employers can report them to the police as illegal. Paying a fee to traffickers is part and parcel of this phenomenon, as migrants are taught that it is a privilege to enter an economically advanced country and, once there, they had better not ruin such a unique opportunity by demanding too much. In sum, trafficking in human beings could also be analysed within a demand-supply framework, as illegal migrants employed in the hidden economy, including the sex industry, meet a specific demand in economically advanced countries. More thought, therefore, should be given to the effects of a strict immigration policy, which may lower the expectations of migrants more than it limits their numbers. 32. Among the circumstances that generate official anxiety is the fact that members of transnational criminal groups take advantage of differences in legislation within a country, moving across countries with a view to exploiting normative loopholes and inconsistencies. Therefore “criminal groups spread into sectors where the risk of being arrested and heavily sentenced is relatively low, especially compared to the attractive economic return”.15 Responses are advocated that may reduce such normative inconsistencies while reducing the mobility of transnational organized groups. The creation of agreements between countries is among the most popular responses, accompanied by the establishment of joint working groups and cooperation between law enforcement agencies. 33. Thought should be given to the possibility that this type of response, which entails that police forces around the world coordinate their efforts, may contribute to the establishment of networks and practices and of technical and political alliances that escape democratic control of both States and the international community. Fear of the powerful threat posed by transnational organized crime, in sum, may be exploited with a view to cutting normative corners and eroding civil rights.16 34. Consideration should also be given to the fact that transnational organized crime traditionally creates demand for the smuggled goods it brings into markets. As an example, cigarette smuggling started in Mediterranean countries as early as the 1950s and contributed to the unpredicted success of certain cigarette brands and the decline of local tobacco products. The current smuggling of goods such as cars, clothes, computers and mobile phones in developing countries and countries with economies in transition may have the same effect, making those countries totally dependent upon products from and keen to adopt the lifestyles of developed countries. 35. There is widespread agreement that transnational organized crime is the result of new criminal opportunities. The nature and features of these opportunities deserve brief examination. According to a distinction suggested by Albanese,17 there are opportunities that provide easy access to illicit earnings with relatively low risk, and there are opportunities created by offenders. The former include not only the provision of illicit goods and services that are in high demand but also opportunities that are the result of social and technological change. Opportunities created by offenders often involve bribery or extortion. Examples, in this case, include protection rackets and frauds involving otherwise legitimate business enterprises. However, some forms of transnational organized crime make this distinction extremely blurred, if not redundant. Transnational organizations seize easy opportunities and create new ones at the same time. Their modus operandi is such that criminal acts become increasingly interdependent and multifaceted.15 Skills acquired in one field are utilized in new markets, while partnerships are established with a variety of actors, be they legitimate or otherwise. The movement from one activity to the other, crucially, entails an intermittent shift from areas that traditionally pertain to organized crime to areas that are the traditional preserve of