Vienna, Austria – 17 May 2021 – The United Nation’s Protocol against Smuggling of Migrants is the world’s primary legal instrument to combat migrant smuggling and key agencies have developed tools to support its implementation around the world. Many of these new technical cooperation tools focus on ensuring that any approach to implementation follows a rights-based and gender equal approach as we know that criminal justice approaches to smuggling of migrants need to uphold the rights of smuggled persons and that of persons accused and convicted of smuggling offences following international norms and standards.
During the 30th Session of the Commission on Crime Prevention and Criminal Justice (CCPCJ), held from 17 to 21 May 2021, the Global Action against Trafficking in Persons and Smuggling of Migrants (GLO.ACT) organized a side event involving a panel of experts representing some of the key agencies working to prevent and address migrant smuggling.
Opening the event, Francesco Luciani, Head of the Migration and Forced Displacement unit at DG INTPA, European Commission, stressed that the European Union is determined to combat migrant smuggling as it not only puts at risk the rule of law in origin, transit and destination countries but because it puts migrants at the mercy of criminal organizations. He went on to say, “This is a criminal activity that we have to fight without compromise. The EU is putting in place a new Action Plan to counter smuggling that will start this year and continue until at least 2025. The plan focuses on combating criminal networks, boosting cooperation with partner countries and support the work of law enforcement.” Mr Luciani also stressed the need to put at the center of all our work the protection of human rights and concluded by saying, “Rights-based approaches inspire our work but also inspire this CCPCJ side event. The EU is proud that many of the tools that will be presented today were developed under the EU funded GLO.ACT project.”
Introducing UNODC’s Toolkit for mainstreaming Human Rights and Gender Equality into criminal justice interventions to address Trafficking in Persons and Smuggling of Migrants, Marika McAdam, UNODC independent expert/consultant explained that the Toolkit is the result of significant consultation, drawing on a range of partner perspectives and experiences in addressing migrant smuggling. She explained that the 26 tools of the Toolkit aim to support users with practical guidance to design activities that are both rights-based calibrated to the local context. Ms McAdam also pointed out that criminal justice approaches to migrant smuggling that are not rights-based are also ineffective and that a criminal justice response alone is insufficient to address migrant smuggling. She said, “Preventing migrant smuggling requires that the root causes that create demand for smuggling services be confronted, including economic and social disparity.”
Heather Komenda, IOM Migrant Protection and Assistance Specialist, meanwhile explained that IOM’s approach to migrant vulnerability is rooted in the principle that the human rights of migrants should be upheld and promoted, and migrants should be afforded the protection and assistance they require. She told participants that IOM launched a new suite of publications to assist policymakers and practitioners by laying out clear operational direction on providing protection and assistance to vulnerable migrants. She highlighted in particular IOM’s Handbook on Protection and Assistance for Migrants Vulnerable to Violence, Exploitation and Abuse, which provides practical guidance for States, the private sector, international organizations and civil society actors on identification, referral, protection and assistance for migrants vulnerable to violence, exploitation, and abuse.
Presenting the 2021 ‘Understanding the Smuggling of Migrants Protocol’ publication, jointly developed between the Bali Process Regional Support Office (RSO) and UNODC Regional Office for Southeast Asia and the Pacific, Jake Sharman, Co-Manager (Australia) Bali Process RSO said, “Notwithstanding strong commitment to combat migrant smuggling, the response is lagging, and understanding of the international law is lacking.” He explained that the publication sets out in simple terms the critical requirements of the Smuggling Protocol, including those relating to the protection of rights of smuggled migrants and that he was looking forward to “the cooperation that was integral to the development of this tool being carried on in its use in practice.”
Introducing work concerning a national Study on Trafficking in Persons that includes a chapter on the occurrence of human trafficking in connection with migrant smuggling and irregular migration, Md. Jahangir Alam, Secretary (Political and ICT), Public Security Division, Bangladesh Ministry of Home Affairs, began by saying, “As a top source country for migration, Bangladesh is very familiar with the increasing challenge posed by human trafficking and the smuggling of migrants and the government has prioritized the protection of migrants’ rights and interests both at home and abroad.” He also explained that Bangladesh has historically partnered with the United Nations and development partners to ensure a comprehensive response to migrant smuggling and human trafficking is aligned with global best practices. He said that the overlap between trafficking in persons and the smuggling of migrants has become more visible and concluded that the national study would assist in developing future programmes and interventions by the national authorities and create the basis for a recurrent reporting system on human trafficking in Bangladesh.
The European Union moderated the event, and over 85 participants, including delegates from Member States and civil society, joined the online event.
The project is funded by the European Union.
For more information
GLO.ACT - Asia and Middle East
The Global Action against Trafficking in Persons and the Smuggling of Migrants – Asia and the Middle East (GLO.ACT-Asia and the Middle East) is a four-year (2018-2022), €12 million joint initiative by the European Union (EU) and the United Nations Office on Drugs and Crime (UNODC) being implemented in partnership with the International Organization for Migration (IOM) in up to five countries: Islamic Republic of Afghanistan (Afghanistan), Islamic Republic of Iran (I.R. of Iran), Republic of Iraq (Iraq), Islamic Republic of Pakistan (Pakistan). GLO.ACT-Bangladesh is a parallel initiative also financed by the EU and implemented with IOM.
The project builds on a global community of practice set in motion in GLO.ACT 2015-2019 and assists governmental authorities and civil society organizations in targeted, innovative, and demand-driven interventions: sustaining effective strategy and policy development, legislative review and harmonization, capability development, and regional and trans-regional cooperation. The project also provides direct assistance to victims of human trafficking and vulnerable migrants through the strengthening of identification, referral, and protection mechanisms. The project is fully committed to mainstreaming Human Rights and Gender Equality considerations across all of its activities.