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FMR 64
   40                          Trafficking and smuggling
        www.fmreview.org/issue64                                       June 2020

       However, most organisations or government   Forced migration and trafficking
       agencies focused on trafficking have limited   Movement makes it more difficult not only to
       budgets and cannot afford to implement   measure vulnerability and prevalence within
       these. Consequently, many organisations   a population, and to compare results with
       end up using referral-based sampling   other studies, but also to reach vulnerable
       methods (such as snowball sampling), which   populations within migration flows. Many
       have been proven in other fields to better   studies attempt to measure prevalence of
       identify members of a hidden population.   trafficking by interviewing returnees, who can
       Other means of collecting data to measure   be more accessible than workers in destination
       prevalence are generally implemented   countries or those who are in transit. However,
       in an ad hoc manner and rarely have a   research with returnees must take into account
       direct connection with a programme.   several factors that may limit the study. For
                                            example, exploited individuals may have
       Legal definitions                    small social or isolated networks and if using
       A common statistical definition of trafficking   a referral or network-based sampling method,
       has eluded researchers, in part due to   the resultant prevalence estimate will probably
       the existence of different and sometimes   be too low. That research may have identified
       overlapping international and national   how many returnees themselves were subject
       definitions. For example, international   to exploitation but not have captured the total
       law uses the definition of forced labour   trafficked population in the migration flow.
       in ILO Convention 29, requiring both    Additionally, forced migrants often
       involuntariness and the threat of a penalty;   do not use formal channels but instead
       instead the Palermo Protocol⁴ defines   move irregularly and may use smuggling
       trafficking as requiring an act, means and   networks. Forced migration routes may
       purpose. Despite the technical language,   differ in each scenario, exacerbating the
       forced labour and labour trafficking both   measurement difficulties of referral-
       refer to compelling (and profiting from)   based sampling and severely limiting
       the labour or services of others. While the   the ability to conduct traditional
       ‘means’ of force, fraud or coercion and the   household or establishment surveys.
       ‘purpose’ of compelling individuals for
       labour services might be the same across   Common methodologies
       both definitions, confusion for measurement   Trafficking researchers have used a wide
       arises around the ‘acts’, such as recruitment,   variety of methods to calculate prevalence
       transportation, harbouring or receipt,   estimates. The most traditional survey
       which are not part of the ILO’s definition.   sampling methods select a random sample
       This raises key questions for researchers:   of households or establishments from a
       whether, for example, scientists should   complete list, such as a government census.
       measure forced labour by the ILO’s standards   Using their survey questions, they attempt
       in order to demonstrate the prevalence of   to identify respondents who may be victims
       trafficking; and whether scientists need   of trafficking. Because everyone in the
       always to include the ‘act’ in surveys.   population had the same likelihood of being
          Another difficulty is applying    included in the survey, the researchers are able
       international norms at a national level.   to generalise the results to a larger population.
       Under the Palermo Protocol, movement   Hidden populations, however, who are
       is not required to constitute trafficking.   often obscured from these lists, make this
       However, some national governments   problematic and random sampling is therefore
       have enacted domestic anti-trafficking   likely to under-report trafficking victims.
       legislation that does require some form of   Snowball sampling entails asking
       movement. These varying definitions can   respondents to report on what they know
       be an obstacle to researchers comparing   of the trafficking experiences of members of
       national administrative data.        their social networks. With enough waves
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