Transcript Document
Perspectives on Regional Issues
Workshop on Regional Protection, Resettlement, and Repatriation
Bali
7 to 8 June 2010
Sebastian Baumeister
Regional Centre for East Asia and the Pacific, UNODC
Mandate
Trafficking Protocol and Smuggling Protocol
both supplementing
the United Nations Convention against Transnational Organized Crime
Promote global adherence
UNODC
Assist States in Implementing the Protocol
Legislation
Criminal justice response
Definition
Migrant Smuggling (1/2)
Smuggling of migrants (SoM) is defined as “ the procurement, in order to
obtain, directly or indirectly, a financial or other material benefit, of the illegal
entry of a person into a State of which the person is not a national or
a permanent resident.” (Art. 3)
Enabling a person to remain illegally
(Article 6)
As aggravating circumstances:
Circumstances that endanger safety
Inhuman or degrading treatment (Article 6)
Definition
Migrant Smuggling (2/2)
The Smuggling Protocol does not intend:
to criminalize family-members or other groups, who smuggle a person
for non-profit reasons
to criminalize irregular migration as such
Migrants who do not smuggle others are not liable to criminal prosecution
for Protocol offences
(Articles 5 and 6)
Definition
Human Trafficking
Art. 3 of the Trafficking Protocol defines the crime of human trafficking
through a combination of three constituent elements:
Act: The recruiting, transporting, transferring, harbouring or
receiving a person;
Means: use of force; or threat of force; or coercion; or abduction; or fraud;
or deception; or abuse of power; or of a position of vulnerability;
or giving or receiving of benefits
Purpose: exploitation which includes exploiting the prostitution of others,
sexual exploitation, forced labour, slavery or similar practices and
the removal of organs
Assistance, Protection and Repatriation
Smuggling Protocol
Trafficking Protocol
Preserve and protect the rights of smuggled
migrants
Protect the safety, privacy and identity of victims
Provide appropriate assistance to smuggled
migrants when their lives or safety are
endangered
Allow victims to seek compensation
Return shall be done in an orderly manner and
with due regard for the safety and dignity of the
person
“Non-refoulement”: illegal entry to a State
shall not negatively affect a person’s claim
for asylum
(Art. 16, 18 and 19)
Inform the victims about court proceedings.
Provide for the physical, psychological and social
recovery of victims
Appropriate housing
Counselling and information, in a language
that the victim can understand
Medical, psychological and material
assistance
Employment, educational and training
opportunities
Grant temporary or permanent residence
(Art. 6 and 7)
Regional Migrant Smuggling Challenge
current knowledge on smuggling of migrants (SoM) is scattered and incomplete
increase of SoM
irregular migration is largely facilitated by flexible criminal networks
SoM generates huge profits; low risks of punishment for the criminals
SoM is a high-profit low risk crime
migrant smuggling networks in the region have become increasingly professional
and networked and now offer a wide range of services
criminals prefer methods that minimize their risks - often at the expense of the safety
of the smuggled migrants: SoM is a deadly business
SoM makes migrants vulnerable to exploitation and human trafficking – either during
the smuggling process or as a result of it
criminals steadily adopt modus operandi and routes and respond quickly to
counter-measures
Strategic Imperatives
Need for consistent and comprehensive policies
Holistic approach must include law enforcement response without being
limited to it
Need for strengthening knowledge base for evidence-based policy
development
New UNODC project on establishing a permanent data collection and
analysis mechanism in South-East Asia
New UNODC project on mapping out knowledge and knowledge gaps in
West, South and South-East Asia
Need for regional and inter-regional approaches
Without regional cooperation, only displacement of routes
Need for complementing border controls by increasing efforts
focusing on investigating and prosecuting migrant smuggling
High-profit low-risk equation must be destroyed
Thank you!
–
Questions?