¹ The third instrument of the Protocol to suppress the trafficking in women adopted under the UN convention on Transnational Organized Crime, considers consent irrelevant. Equating trafficking with migration has led to simplistic and unrealistic solutions—in order to prevent trafficking, there is a move, whether conscious or inadvertent, to stop those who are deemed vulnerable from migrating. A second consequence is that the problem of trafficking, the ostensible purpose of these measures, never gets resolved. Thirdly, when no clear conceptual or operational distinctions are drawn between migration and trafficking, migration is considered equal to trafficking, and it logically follows that the number of victims of trafficking is equal to the number of those who have migrated voluntarily as well as involuntarily.

² International Convention on the Protection of the Rights of all Migrant Workers and their Families, adopted by the UN General Assembly (and will enter into force when 20 states have ratified it; as of Aug. 1, 2002, 19 states have ratified the convention); The Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention Against Transnational Organized Crime (Protocol on Smuggling of Migrants), adopted Nov. 15, 2000.

³ Interview by Allan Little with Philip Ruddock, BBC TV (Dec. 14, 2001) (regarding asylum seekers, unlawful arrivals, refugee conventions, and detention).

⁴ See Philip Ruddock, Interview with Australian Broadcasting Corporation, February 1, 2002 (transcript on file with author).

⁵ Pat Buchanan, Death of the West 2-3 (2002).

⁶ Amitava Kumar, Passport Photos xiv (2000) (quoting Richard Rodriguez).