TRANSCRIME WORKING PAPERS DYNAMICS OF MIGRATION AND CRIME IN EUROPE : NEW PATTERNS OF AN OLD NEXUS ernesto u. savona in co-operation with andrea di nicola and giovanni da col paper prepared for: october 1996 ISPAC, international conference on “migration and crime: global and regional problems and responses” N.8 courmayeur, 5th - 8th october 1996 TABLE OF CONTENTS 1. The nexus between migration and crime............................................................ 4 2. Migration and crime: a first attempt to quantify the problem ........................... 6 3. When the demand for illegal immigration meets the supply of organised crime .......................................................................................................................... 8 3.1. The traffic of migrants .......................................................................................... 8 3.2 Dimensions of the phenomenon ......................................................................... 10 3.3 Causes for trafficking .......................................................................................... 11 3.4 Types of traffickers and their modus operandi.................................................... 12 3.5 The income from trafficking................................................................................. 14 3.6 Traffic routes towards the European states ........................................................ 16 3.7 Migrants at risk ................................................................................................... 18 4. The traffic of migrants and prostitution............................................................ 19 4. 1 The prostitution market of clandestine women from Central-East Europe......... 20 5. Possible measures against the phenomenon of the traffic of migrants........ 22 6. Policies in force .................................................................................................. 24 7. Proposals for solutions at an international level ............................................. 25 8. Comparison of the Italian policies .................................................................... 27 9. Conclusions ........................................................................................................ 28 NOTES ..................................................................................................................... 31 © by TRANSCRIME University of Trento all rights reserved This paper consists of the central part of the research "Migrations and Crime - the international dimension of the problem" commissioned by the Italian Ministry of Justice and carried out under my direction by TRANSCRIME, University of Trento, on behalf of the Centro 2 Nazionale di Prevenzione e Difesa Sociale. The Italian version of the complete findings was finished in June 1996 and will be distributed during this Conference. 3 1. The nexus between migration and crime The relationship between migrations and crime is one of the problems on which for a long time now social research has been concentrating, mainly in countries characterised by important migrational flows, such as the United States, the United Kingdom and Australia. Among the many - still unsolved - questions which researchers come across, two can be singled out: - Do migrants commit more crimes than the natives? - Is the data, relating to the number of foreigners denounced, distorted by racial prejudice and consequently by the orientation of police agencies to concentrate on the immigrants because they are a more visible objective and represent higher social alarm? These and other questions are still open today in a context where the nexus between migration and crime is spreading to new qualitative and quantitative dimensions. It is no longer a question of exclusively local and national dimensions but more and more an interweaving of international, national and local dimensions. On the one hand the question of illegal migration lies in the growth and feeds the trafficking of migrants, one of the most profitable criminal activities for the organised crime groups. On the other, the illegal immigrants without status and in precarious social and economic conditions, commit crimes in the country where they reside and that in turn provokes xenophobic reactions in the local population. In this circuit we have at least four different forms of crime: illegal migration of immigrants, trafficking of foreigners on behalf of organised crime groups, crime committed by foreigners and crime against them. These are different crimes, that need to be kept separately according to authors, entity and victims. This difference can be understood only if we look at the nexus between migration and crime in its whole and analyse it in terms of the measures taken to combat it. Three types of policies offer possible answers: a) development policies on behalf of developed countries towards countries with a high demand for emigration because of economic conditions and demographic development; b) regulation policies for immigration, that propose to accept immigrants according to the need of the receiving country and to reject them when competition with natives for occupation, lodgings and education provokes xenophobic reactions and loss of political consent; c) crime control policies addressed to organised crime and common crime in the receiving countries. These three policies have been and continue to be conceived in order to achieve different aims. According to their successes and failures, we have different consequences in the relationship between migrations and crime. The failure in the supply of better economic and social conditions in third world countries is an incentive to the demand for emigration. The success in the regulation of the migratory flows by the host countries causes at the same time displacement of the demand for legal emigration towards less restrictive countries. Organised crime satisfies this demand by opening channels for the traffic of migrants towards affluent 4 countries. The failure in the struggle against organised crime shifts the application of crime control policies to the only level where crime control policies could be effective: the local one. At the end of this cycle emigrants and natives pay a heavy price: the first because they leave their country of origin and often enter criminal circuits; the second because they have to face a higher level of crime in their country. In the relationship between migration and crime, often the latter becomes the social cost paid by modern society for the emigration it has caused through its lack of internal equilibrium. A cost added to that of the emigration and paid by the countries of origin for the loss of part of their young population. The objective of the research to which this paper refers is to understand the development of the problem and to indicate some lines of intervention for policies aiming to reduce these costs. Western Europe is at this moment the best laboratory for an analysis of this type. New problems are emerging and harmonised policies between the fifteen countries of the European Union to face the phenomenon and its developments are still missing. The 15 countries of the European Union are still prevalently characterised by an approach of purely defensive "national" character. For this reason this research is aimed at Europe, at its problems and the policies for combatting them. Within the European context, considered like a laboratory on a regional territory for bigger problems, the research report - having considered the most important tendencies - examines the quantitative dimension of the link between migrations and crime, looking at the migratory flows in Europe and the quantity of crime caused by foreigners. After this analysis the report tackles the relationship between the demand for illegal immigration and the supply of criminal organisations which operate in this sector. Finally, the report analyses the various international and national policies for combatting these phenomena. Special attention is being paid to the European context and the policies of three similar countries, such as England, France, and Germany. On a European basis and on the basis of the problems of these three countries the legislative processes in force in Italy are thoroughly analysed and some indications for possible interventions are offered. Five questions characterise the development of the research and to a certain extent they reassume the topic of the Conference to which this paper is addressed: a) where does the demand for immigration come from and what are the factors that determine it? b) how does the demand for illegal immigration meet the supply of organised crime? c) what are the criminal problems caused be immigrants in the host countries? d) what are the European and national policies for facing the problem and how can they be modify? e) what is the Italian situation regarding the examined phenomena and what lines of action are desirable? 5 2. Migration and crime: a first attempt to quantify the problem In the common view there exists a two way connection between the migratory phenomenon and the criminal one, in the sense that migrations somehow cause crime and that crime in turn somehow causes migration. Examples of the first case are the crimes committed by foreigners in as far as emigrants and of the second the high number of those people who become refugees because of the political discrimination to which they are subjected. In this process a series of phenomena characterise more precisely the connection between migration and crime: of which most importance is the role of the criminal organisations in meeting the growing demand for illegal emigration. This, in turn, is a problem caused by a range of often concomitant factors: the pushing forces behind emigration, on the one hand, and the limited concessions granted for legal immigration, on the other. The fusion between the demand for illegal immigration and the supply of criminal organisations causes a series of illegitimate markets that rotate around the traffic of immigrants. These are mainly activities of small scale drug pushing and prostitution. It is these two markets which have been mostly influenced by the increasing presence of illegal immigrants into Europe. In this part, the research report carries out a first quantification of the connection between migration and crime, analysing first the migratory flows of foreigners into the countries of the European Union and then examining their criminal behaviours in the receiving countries. Both of these two analyses present major problems in confronting the data explained in the report. The analysis of the ratio concerning the flow of immigrants and the crimes committed by foreigners and the local population examined in this chapter constitute the departure point for further reflection on the connection between migration and crime. The methodological problems of the research are further complicated by the elements it contains and the contours of this nexus are as yet scarcely defined. Clarity is obscured by numerous obstacles and thorough research needs to be done in the production of statistics. The first obstacle is the impossibility to obtain exact data concerning the two variables under observation: migration and crime. Clandestinity is the main obstacle.It is the uncertainty about quantity and quality (origin, motivation) of the clandestine migrant which makes it impossible to know the exact number of foreigners within the various countries. The number of irregular and clandestine migrants is ever increasing, helped along by a network of transnational criminal organisations specialised in the traffic of immigrants. A second important factor is the different methodological approaches applied by various countries to collect data concerning migratory flows, which makes a comparison of the phenomenon within the E.U. impossible. The third factor is the lack of adeguate information concerning the relapse of criminals. Illegal foreigners living in miserable conditions are unlikely to be reformed through detention. The probability of them committing crime again is much higher than that of the natives. The vicious circle has started: crime - exclusion - crime which will increase the number of foreigners being reported and confined. If this were the case, and we are only making a hypothesis, we would have a lower number of criminal subjects with a higher frequency of crimes per subject. This hypothesis cannot as yet be verified but given more specific data it should become the topic of a subsequent research. 6 The fourth factor is given by the extremely high number of crimes committed by unknown people. For example, in Italy in 1993, 83,3 per cent of the total crimes had been committed by 1 unknown people. A fact that makes one reflect on the matter. Working exclusively with data concerning reported crimes only the tip of the iceberg is perceivable and not the globality of the phenomenon. It is very likely that immigrants - more in the eye of the authority - are over- represented as components of the iceberg, rather than the natives. Having made these introductory points we can attempt to answer the initial question: do immigrants in Europe commit more crimes than the local population? The analyses carried out in the various countries and the statistics from official sources agree in stating that the crime of foreigners - and among these mostly immigrants - tends to increase compared to both the crime committed by natives and the general population boom of foreigners in the host country. In some countries this phenomenon is less noticeable, in others, such as Germany and Spain, it is clearly visible. In the latter state the number of reported foreigners is double that of the natives, always in proportion to the given population. The crimes of which foreigners are most frequently accused of vary from country to county, but they are homogeneous for some groups. Interpol data indicates that counterfeiting is the most widely spread crime among foreigners. Another group of crimes where foreigners are strongly represented is the crime against property, especially theft. Interpol data shows a high number of thefts. The analysis concerning the single countries, such as Italy, Germany and France, indicates that they are generally petty thefts such as shoplifting or snatching. Immigrants seem more capable of such offenses than of more daring criminal enterprises. Examining homicides in Austria and Germany the conclusion is that one third of killings are committed by foreigners. Crimes concerning drug traffic and consumption are on the increase, reaching rather high numbers in countries like Germany and Italy, where more than one fourth of the crimes attributed to foreigners are in this field. Offenses against immigration laws dominate the range of crimes committed; an important issue in the E.U. countries, except for Italy, where it hardly exists. The connection between nationality of origin and crimes committed is confirmed in the countries under observation. North Africans are predominant among criminal foreigners and, among them, Algerians come first, followed by Moroccans and Tunisians. The other big group comes from East Europe, specifically from former Jugoslavia, USSR and Rumania. The third and last group comes from Turkey. The social perception of the North Africans as those foreigners committing more crimes seems to be confirmed. A mixture of facts is at the base of their presence in the upper band of crime. Theirs are the relatively poorest communities in the great market of immigration. Furthermore, they are the most exposed to racial discrimination and to social exclusioning. The link between nationality and specific types of crime is still too weak to be of some indication. The data so far examined suggests two connections. The first concerns drug trafficking which appears to involve mostly Africans, especially Nigerians. They are the heroin couriers in Europe and, therefore, because of the number of traffic offenses, they are the ones to increase the rate of crime committed by foreigners. The second concerns offence against property, mainly petty theft and pick-pocketing, committed mostly by ex-Jugoslavs and immigrants from other East European countries. 7 As far as sentences and imprisonments are concerned, the number of incarcerated foreigners is growing. This constant is present in every country, against with proportions varying from country to country. The over-representation of foreigners among imprisoned subjects adds a new component to the vicious circle of crime -exclusion - new crime, which is the most concrete aspect of social exclusioning. The hypothesis we want to introduce here and which could be the starting point for further research, is that foreigners with a criminal background have less benefit than natives from alternative punishments existing in European countries. This new "exclusion" could produce immediate repercussions in the national composition of the incarcerated population: those who stay "inside" are the immigrants, that is the people who have little to hope for "outside". Should this hypothesis be true, the growth of the number of immigrants in the European prisons would make the prisons the future sight for the second exclusioning that follows the refusal of legal immigration. 3. When the demand for illegal immigration meets the supply of organised crime This part of the research analyses the problem of the traffic of immigrants. This market is just now in full expansion because of two factors: the restriction of legal immigration and the increasingly better organised supply on behalf of criminal organisations for emigration, transport and entry into the new country. There is still little analysis of this problem in Europe. Our research is also an invitation to start reflecting. Fonts are partial and often journalistic but certainly useful as information on the state of the 2 phenomenon. Official organisations themselves complain about the lack of reliable 3 information. In order to give a full picture of the situation in the course of the research, reference has been made not only to data from police reports but also to documentation produced by IOM (International Organization for Migration) and ICMPD (International Center for Migration Policy Development), two organisations which have paid much attention to the understanding of the traffic of migrants in Europe. 3.1. The traffic of migrants It is generally accepted that the causes for migration stem from the difference on affluence in the country of origin and the country of destination. The roots of the migrational phenomenon are indeed to be found in the economic, political and social conditions of the country of origin: fast population growth, very high level of unemployment, ethnic conflict, oppressive political power, the violation of human rights. All this is in open contrast with the standards in 4 developed countries. The consequence is a strong urge to emigrate. This in turn clashes with the growing political closure of the developed countries, ready to grant hospitality only to a limited number of foreigners wishing to enter their territory. The policies of hospitality for refuge seekers have been made more restrictive, entry visas or residence permits are more difficult to obtain. Also several bilateral agreements have been made with transit countries to assure that the latter re- accept clandestines who attempt to emigrate illegally from their borders. 8 These circumstances have created a high demand for routes alternative to the legitimate passage of migration with the consequence of an supply of service by criminals specialised in moving persons from one country to another, eluding the national rules concerning regular immigration. The criminal structures dedicated to the traffic of immigrants vary from small groups always concentrating on the same routes, to organisations specialised on an international level. Specifically, the powerful gangster syndicates have taken up this activity, further to drugs. Apart from being highly remunerative, the risks are also minor compared to other kinds of 5 crime. The services supplied for clandestine emigration are wide ranging and often comprise different types of crime (clandestine entry, counterfeiting of documents, corruption of officials). We also need to take into account the new markets of drug pushing and prostitution where those clandestine immigrants are present who are unable to break the link with the crime organisations that have helped them to enter the new country. The breaking up of the Soviet Union has given a strong impulse to the traffic of immigrants. This event has not only contributed to the substantial increase of the migration flows from East to West Europe, but it has also opened many new paths to the traffickers, mainly from East, South and Central Asia. Therefore, while in the past the main traffic routes to West European countries took a South- North direction (for instance, from Maghreb through the Iberian peninsula and from the Middle East through the Balkans), nowadays it is the oriental route to carry the most number of illegal 6 movements towards Western Europe. The traffic of immigrants is a problem that involves the great majority of States, being these either countries of origin, transit or final destination. Some countries are involved in the traffic on more than one level (Mexico, Rumania and Thailand, for instance, are countries of origin, 7 transit and destination at the same time). The dimension of this phenomenon is and must be felt on a global level. This is how Jonathan Winer, US Deputy assistant Secretary of State for Law Enforcement and Crime, comments on CNN: "This is a global situation. It's not just Chinese aliens who come into the United States and into Europe. They come from the Indian subcontinent as well - India and Pakistan. They stop in Moscow. They stop in Germany. They stop in Switzerland. They stop in Austria. They stop in France. There is literally not a country, a major Western country, that doesn't have an alien smuggling problem and a substantial one. And these people, because they come in illegally, are often not able to join the licit economy, and so they become part of the black economy. And that's not good for anybody. And it is a problem which is getting increasing international attention because you cannot solve in by one country working with another country. These people travel literally around the world before 8 they get to their final destination. You have to deal with every transit point in between". IOM too, confirms that the problems concerning the traffic can be reduced through understanding its characteristics by answering the following questions: What exactly is the traffic of migrants? What kind of emigrants turn to criminal organisations and what types are the traffickers themselves? Where do the movements take place? Why does the traffic exist and prosper? 9 Answering these questions can already be a step forward in understanding the phenomenon. 9 3.2 Dimensions of the phenomenon As it has been stressed during the IOM seminar in Geneva (October 26-28, 1994) concerning the traffic of immigrants and the safeguarding of their rights, in order to start understanding the alarming phenomenon of alien smuggling, it is indispensable to give it a definition, trying to discern when it is a case of trafficking. There are, thus, some constant elements which enable us to distinguish a simple illegal immigration from one that takes place within the context of trafficking. Such elements are at 10 least five and can easily be recognised in all the cases reported by the press. In the first place, it is essential to have an intermediary, a trafficker who supplies one or more of the following services in order to facilitate exportation and entry: information, stolen or counterfeited travel or identity documents, official transport (air ticket) or unofficial one (private boats, hiding places in international lorries), safe houses at the transit points, guided crossing across the frontiers, introduction into the - obviously black - labour market in the country of destination. Secondly, it is necessary that such services be paid to the trafficker by the migrant or by somebody on his behalf. Thirdly, the frontiers need to be crossed. The number of crossings obviously varies according to the destination and its distance from the country of origin. The fourth element is the entry through the borders which takes place illegally, eluding the entry rules of the country by avoiding frontier controls or by presenting false, stolen or altered. The fifth element is that the movement has to be voluntary, meaning that the emigrant - now part of the transaction - has to make a free choice. In this case the migrants are considered "smuggled goods" only if they have decided to pay the trafficker in order to enter an other 11 country. It is necessary to add that the phenomenon is taking on alarming proportions, especially because international networks of organised crime are involved. For the year 1993 ICMPD had estimated that a number of migrants from between 100.000 to 220.000 had used the help of smuggling syndicates more or less intensely and in one or several phases of the transfer, in order to reach a Western European state. The estimate by ICMPD is based on the assumption that between 15 to 30 per cent of immigrants (between 250-300 thousand) entering Europe illegally, have used the traffickers and that between 20- 40 per cent of those requesting asylum without real rights (estimated at 300.000) have done 12 the same. Other data, concerning Germany, give an even more alarming picture concerning illegal immigration controlled by traffickers. According to one estimate, for instance, 80 per cent of 13 the people requesting asylum in Germany, arrive in this country with the help of traffickers. According to the Government of the German Federal Republic, the number of illegal migrants 14 that use the help of traffickers goes from 40 to 70 per cent. According also to the majority of European Governments, the quota of illegal migrants that use the help of traffickers, is extremely high. In the Slovak Republic it is believed that in 30 per 10