Transcript Document

Last updated, 17.11.04
International Organization for Migration
The Problem of Irregular Migration:
What Can Be Done to Combat
Criminal People-Trafficking Networks?
Paris, 18.-19. November 2004
Frank Laczko & Heikki Mattila
Publications and Research Division,
IOM Geneva, Switzerland
1
Outline
1)
2)
3)
4)
Trends
Definitions
Policy Responses
Challenges
2
Irregular Migration - Definition
Sending Country:
- Failing
to meet requirements to travel
- To travel without respecting the restrictions imposed to
regulate emigration (bypass exit controls)
Destination Country:
- Irregular
Entry
- Overstaying
- Irregular residence
- Irregular employment
3
Global Migration Dynamics
1)
Emigration push in sending countries

Survival migration: Poverty/ Escape from economic
distress
Unemployment/ Underemployment
Opportunity seeking migration
Feminization of Poverty
Environmental disruption
Conflicts/ Violations of Human Rights
Demography






4
Global Migration Dynamics
2) Demand Pull in Destination Countries




Demography
Labour shortages
Demand of cheap labour
High skilled workers: directly or via menial jobs
and regularization
5
Migration Trends
 Net Immigration (EU & Efta 2003): 1 Million
 Illegal Inflows to EU 15 (2001): 808,3000
 EU 15: Growth of employment in 1997-2002: 12
M (+8,1%), 9,5 M from EU and 2,5 M 3rd
countries
 Regularizations:
EU – 15
1995 – 2002: 2,5 Million
1973 : < 4 Million
 Seasonal & Temporary (2001): 529,000
6
Regularizations in OECD Countries
Source: World Migration Report 2005 (to be published in 2005)
7
Migration Trends


Illegal migration flows to the EU estimated to be
808,300 in 2001 (ICMPD).
Decrease of asylum applications in the EU since 1999.
2001
2002
2003
EU 25
United Kingdom
Germany
438,953
92,000
88,287
425,526
110,700
71,127
346,686
49,400
50,600
France
47,291
50,798
59,800
8
Trends
Trends in Migration
Irregular Migration
Overview of origin of Asylum seekers
2001
2002
2003
Russian Federation 16,866
18,666
38,900
China
8,730
12,996
37,100
Dem. Republic of
Congo
Iraq
9,176
12,482
35,800
47,538
50,058
32,107
Afghanistan
49,914
25,470
22,403
9
Definition of Trafficking in Persons
UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons (Article 3):
“Trafficking in persons” shall mean the recruitment,
transportation, transfer, harbouring or receipt of
persons, by means of threat or use of force or other
forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person, for the
purpose of exploitation.
Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery,
10
Definition of Migrant Smuggling
Article 2, Revised Draft Protocol against Smuggling in
Migrants by Land, Air and Sea. Supplementing the UN
Convention against Transnational Organized Crime:
“The international procurement for profit for illegal entry
of a person into and& or illegal residence in a State of
which the person is not a national or a permanent
resident.”
11
Definition of Organized Crime Groups
UN Convention against Transnational Organized Crime
(Article 2a):
“A structured group of three or more persons, existing for
a period of time and acting in concert with the aim of
committing one or more serious crimes and offences
established in accordance with this Convention, in order to
obtain directly, or indirectly, a financial or other material
benefit. .”
12
Division of Labour











Arrangers/ Investors
Recruiters
Transporters
Corrupt Police Officers
Informers
Guides
Enforcers
Supporting Personnel and Specialists
Debt Collectors
Money-Movers
Ethnic – multi ethnic
13
Structure of Organized Crime Groups

Trafficking as a business
Transnational Corporations?

Individuals/ Small Groups/ International
Networks

“Loosely connected international networks”

No central mastermind/ godfather

Vertical – horizontal interdependence

Full service: Chinese, Albania, Russia
14
Ways to Combat Smuggling and
Trafficking Networks
1) Prosecution & Law Enforcement

Adoption/ Implementation of laws and sharpening of
definitions
Training

Introduce uniform penalties for traffickers

Need to maximize cooperation in Europe
(Information exchange, harmonization of legal
frameworks)

Target the profits (Offences for money-laundering,
asset seizure and forfeiture)

Attack corrupt support structures and networks
15
Ways to Combat Smuggling and
Trafficking Networks
2) Protection

Prohibition of human trafficking in national
legislation

Possibility for victims to stay in destination country to
testify; and beyond

Victim support systems (legal aid, social benefits,
health care, witness protection)

Rehabilitation of the victims

Increase number of signatory states to existing
international instruments

Return and Re-integration
16
Ways to Combat Smuggling and
Trafficking Networks
3) Prevention

Development: Job-creation

Promote good governance

Promote and enhance the democratic process

Law Enforcement & Capacity-Building

Increase research and data collection

Attack the basis of illicit markets through education
on supply and demand side

Combat underground economies and informal labour
markets in destination country

Improved control and monitoring of borders

Open more legal migration channels?
17
EU Initiatives
1) Tampere European Council 1999
2) Framework Decision on Combating the Trafficking in
Human Beings
3) Comprehensive Plan to Combat Illegal Immigration and
Trafficking of Human Beings in the EU 2002
4) Brussels Declaration on Preventing and Combating
Trafficking in Human Beings, 2002
5) European Expert Group on Trafficking in Human
Beings, 2004
18
IOM Approach
1) Prevention

Information dissemination

Development and job creation
2) Prosecution

Support and Technical Cooperation to

Law enforcement

Migration management and

Judiciary
3) Protection

Accomodation & Rehabilitation

Return & Reintegration
4) Regional Policy Dialogue; Research
19
Challenges

Broad based partnership between governments, civil
society and business sector

Coordinated policy mix

Dialogue & Partnership between regions and cultures
to counter global polarization of wealth, religions and
ideologies

Address demographic developments

More legal channels

The irregulars and their rights and integration
inclusive policies
20