Vienna, 20 October 2023 - As highlighted in the UNODC report Abused and Neglected, there is little evidence of cases of migrant smuggling being prosecuted in States throughout the migration journey, including cases of migrants suffering severe forms of abuse and violence while in transit. Civil society, policy experts and academia have repeatedly voiced their concerns over the widespread impunity of perpetrators and the suffering and violence often faced by smuggled migrants.
“Civil society brings added value to the implementation of the Protocol against the Smuggling of Migrants1 by serving as watchdogs, advocates, and service providers,” emphasized Vasiliki Kakosimou, Co-Chair of the Constructive Dialogue on the Smuggling of Migrants, held in Vienna on 9 October. “Their expertise, grassroots engagement, and commitment to human rights’ protection and social justice make them essential partners in addressing the complex issue of migrant smuggling and its impact on vulnerable populations,” she added.
“Civil society can be the eyes and ears of the Member States, they can play an important role,” highlighted Fatiha Serour from the Africa Group for Justice and Accountability (AGJA). At the same time, civil society can also contribute to the development or updating of relevant legislation. “Civil society stakeholders have a huge role in engaging with and getting the attention of the government and changing the law,” emphasized Sulva Joshi from People Forum for Human Rights.
The Constructive Dialogue on the Smuggling of Migrants saw the participation of 65 non-governmental stakeholders from civil society organizations, academia and the private sector and representatives from 38 governments. The main discussions focused on two topics: challenges, developments and best practices in preventing and tackling the smuggling of migrants by sea, and determining who is responsible for the crime of migrant smuggling.
The dialogue gave the opportunity to participating stakeholders to share their observations on ways to strengthen the implementation of the Protocol on the Smuggling of Migrants, ensuring the respect of the human rights and dignity of smuggled migrants. “Anti-smuggling legislation can uphold the rights of migrants and refugees if the legislation is aligned with the Protocol against the Smuggling of Migrants,” underlined Sally Escutin from the Regional Support Office to the Bali Process. On the same topic, Anastasia Chalkia from the Center for the Study of Crime emphasized that “Migrants who have been smuggled must be treated with dignity and respect and their rights must be upheld. This includes access to legal assistance and support for their physical and psychological well-being.”
Determining who is responsible for the crime of the smuggling of migrants, thus clarifying the distinction between criminals and migrants, is essential to ensure that migrant smugglers and related organized criminal groups are identified and brought to justice. “Criminalization should be developed according to a framework taking into consideration the protection of migrants’ rights” highlighted Darren Brookbanks from the Global Initiative against Transnational Organized Crime.
International cooperation is key in countering the smuggling of migrants including the illicit financial flows originating from it. "Combating the smuggling of migrants calls for concerted actions among States, in order to strengthen investigations on financial transactions and to disrupt the financial and material resources of criminal groups involved in migrant smuggling," emphasized Francesco Testa, Co-Chair of the Constructive Dialogue on the Smuggling of Migrants.
The summary of the discussions of the Constructive Dialogue by the Co-Chairs will be published on the webpage of the Dialogue as well as the written contributions from participants as they become available.
1 The Protocol against the Smuggling of Migrants by Land, Sea and Air supplements the UN Convention against Transnational Organized Crime. Adopted in 2000 and entered into force in 2004, the Protocols records 151 Parties as of October 2023. More information available here: https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-b&chapter=18
