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Perspectives on Regional Issues Workshop on Regional Protection, Resettlement, and Repatriation Bali 7 to 8 June 2010

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

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Perspectives on Regional Issues Workshop on Regional Protection, Resettlement, and Repatriation Bali 7 to 8 June 2010

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  1. 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

  2. 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

  3. DefinitionMigrant 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)

  4. DefinitionMigrant 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)

  5. DefinitionHuman 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

  6. Assistance, Protection and Repatriation • Smuggling Protocol • Preserve and protect the rights of smuggled migrants • Provide appropriate assistance to smuggled migrants when their lives or safety are endangered • 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) • Trafficking Protocol • Protect the safety, privacy and identity of victims • Inform the victims about court proceedings. • Allow victims to seek compensation • 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)

  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

  8. 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 policydevelopment • 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

  9. Thank you! – Questions?

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