Protocol Against the Smuggling of Migrants by Land, Air and Sea, Supplementing the United Nations Convention Against Transnational Organized Crime: A Tool for Criminal Justice Personnel (From Resource Material Series No. 62, P 31-43, 2004, Simon Cornell, ed. -- See NCJ-206385)

• NCJ Number: 206388
• Author(s): Natalia Ollus
• Date Published: February 2004
• Length: 13 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Description; Conference Material
• Language: English
• Country: Japan
• Note: Presented at the 122nd International Training Course, "The Effective Administration of Criminal Justice to Tackle Trafficking in Human Beings and Smuggling of Migrants," September 2 - October 24, 2002, in Tokyo, Japan.

Annotation

After presenting and explaining the main provisions of the United Nations Protocol Against the Smuggling of Migrants by Land, Air and Sea, which supplements the United Nations Convention Against Transnational Organized Crime, this paper discusses some implications for implementation of the Protocol.

Abstract

The Protocol addresses illegal migration that occurs through transit by sea, land, or air. The basic aim of the Protocol is to prevent illegal migration and to punish the procurers, without restricting the free movement and legal entry of people into nations. Neither does the Protocol criminalize the illegal migrants for being participants in smuggling. Following the preamble, the Protocol is divided into three main parts. Part I, General Provisions, contains sections that focus on the Protocol's relationship with the Convention on Organized Crime, the purpose of the Protocol, terminology and definition, the scope of the Protocol's application, the criminal liability of migrants, and criminalization. Part II, Smuggling of Migrants by sea, contains provisions on international cooperation, measures against the smuggling of migrants by sea, and safeguard clauses. Part III deals with prevention, cooperation, and other measures. Provisions address border measures, the security and control of documents, training and technical cooperation, other prevention measures, protection and assistance measures, agreements and arrangements, and the return of smuggled migrants. The four main requirements for the nations that ratify the Protocol are to criminalize the smuggling of migrants and other acts specified in the Protocol; to enact legislation and undertake other measures to prevent the misuse of commercial carriers for the smuggling of migrants; to require commercial carriers to check passenger travel documents; and to prepare travel documents that are difficult to misuse, falsify, alter, or replicate. In implementing the Protocol, it is crucial to focus on both the organizations that procure and smuggle migrants and the people being smuggled. 8 references