1 International Organization for Migration The Problem of Irregular The Problem of Irregular Migration: What Can Be Done Migration: What Can Be Done to Combat Criminal People- to Combat Criminal People- Trafficking Networks? Trafficking Networks? Paris, 18.-19. November 2004 Paris, 18.-19. November 2004 Frank Laczko & Heikki Mattila Publications and Research Division, IOM Geneva, Switzerland Last updated, 17.11.04
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International Organization for Migration
The Problem of Irregular Migration: The Problem of Irregular Migration:
What Can Be Done to Combat What Can Be Done to Combat
Criminal People-Trafficking Networks?Criminal People-Trafficking Networks?Paris, 18.-19. November 2004Paris, 18.-19. November 2004
Frank Laczko & Heikki MattilaPublications and Research Division,
IOM Geneva, Switzerland
Last updated, 17.11.04
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Outline
1)1) TrendsTrends
2)2) DefinitionsDefinitions
3)3) Policy ResponsesPolicy Responses
4)4) ChallengesChallenges
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Irregular Migration - Definition
Sending Country:Sending Country:- Failing to meet requirements to travelFailing to meet requirements to travel- To travel without respecting the restrictions imposed to To travel without respecting the restrictions imposed to regulate emigration (bypass exit controls)regulate emigration (bypass exit controls)
1)1) Emigration push in sending countriesEmigration push in sending countries Survival migration: Poverty/ Escape from economic Survival migration: Poverty/ Escape from economic
distressdistress Unemployment/ UnderemploymentUnemployment/ Underemployment Opportunity seeking migrationOpportunity seeking migration Feminization of PovertyFeminization of Poverty Environmental disruptionEnvironmental disruption Conflicts/ Violations of Human RightsConflicts/ Violations of Human Rights DemographyDemography
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Global Migration Dynamics
2) Demand Pull in Destination Countries2) Demand Pull in Destination Countries DemographyDemography Labour shortagesLabour shortages Demand of cheap labourDemand of cheap labour High skilled workers: directly or via menial jobs High skilled workers: directly or via menial jobs
and regularizationand regularization
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Migration Trends
Net Immigration (EU & Efta 2003): 1 MillionNet Immigration (EU & Efta 2003): 1 Million Illegal Inflows to EU 15 (2001): 808,3000Illegal Inflows to EU 15 (2001): 808,3000 EU 15: Growth of employment in 1997-2002: 12 EU 15: Growth of employment in 1997-2002: 12
M (+8,1%), 9,5 M from EU and 2,5 M 3M (+8,1%), 9,5 M from EU and 2,5 M 3rdrd
Overview of origin of Asylum seekers Overview of origin of Asylum seekers
Migration Trends
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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, servitude or the removal of organs;
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Definition of Migrant Smuggling
Article 2, Revised Draft Protocol against Smuggling in Article 2, Revised Draft Protocol against Smuggling in
Migrants by Land, Air and Sea. Supplementing the UN Migrants by Land, Air and Sea. Supplementing the UN
Convention against Transnational Organized Crime:Convention against Transnational Organized Crime:
““The international procurement for profit for illegal entry The international procurement for profit for illegal entry
of a person into and& or illegal residence in a State of of a person into and& or illegal residence in a State of
which the person is not a national or a permanent resident.”which the person is not a national or a permanent resident.”
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Definition of Organized Crime Groups
UN Convention against Transnational Organized Crime UN Convention against Transnational Organized Crime (Article 2a):(Article 2a):
““A structured group of three or more persons, existing for a A structured group of three or more persons, existing for a
period of time and acting in concert with the aim of period of time and acting in concert with the aim of
committing one or more serious crimes and offences committing one or more serious crimes and offences
established in accordance with this Convention, in order to established in accordance with this Convention, in order to
obtain directly, or indirectly, a financial or other material obtain directly, or indirectly, a financial or other material
benefit. .”benefit. .”
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Division of Labour
Arrangers/ InvestorsArrangers/ Investors RecruitersRecruiters TransportersTransporters Corrupt Police OfficersCorrupt Police Officers InformersInformers GuidesGuides EnforcersEnforcers Supporting Personnel and SpecialistsSupporting Personnel and Specialists Debt CollectorsDebt Collectors Money-MoversMoney-Movers Ethnic – multi ethnicEthnic – multi ethnic
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Structure of Organized Crime Groups
Trafficking as a business Trafficking as a business
Full service: Chinese, Albania, RussiaFull service: Chinese, Albania, Russia
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Ways to Combat Smuggling and Trafficking Networks
1) Prosecution & Law Enforcement1) Prosecution & Law Enforcement Adoption/ Implementation of laws and sharpening of Adoption/ Implementation of laws and sharpening of
definitions Trainingdefinitions Training Introduce uniform penalties for traffickersIntroduce uniform penalties for traffickers Need to maximize cooperation in Europe Need to maximize cooperation in Europe
(Information exchange, harmonization of legal (Information exchange, harmonization of legal frameworks)frameworks)
Target the profits (Offences for money-laundering, Target the profits (Offences for money-laundering, asset seizure and forfeiture)asset seizure and forfeiture)
Attack corrupt support structures and networksAttack corrupt support structures and networks
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Ways to Combat Smuggling and Trafficking Networks
2) Protection2) Protection Prohibition of human trafficking in national legislationProhibition of human trafficking in national legislation Possibility for victims to stay in destination country to Possibility for victims to stay in destination country to
testify; and beyondtestify; and beyond Victim support systems (legal aid, social benefits, health Victim support systems (legal aid, social benefits, health
care, witness protection)care, witness protection) Rehabilitation of the victimsRehabilitation of the victims Increase number of signatory states to existing Increase number of signatory states to existing
international instrumentsinternational instruments Return and Re-integrationReturn and Re-integration
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Ways to Combat Smuggling and Trafficking Networks
3) Prevention3) Prevention Development: Job-creationDevelopment: Job-creation Promote good governancePromote good governance Promote and enhance the democratic processPromote and enhance the democratic process Law Enforcement & Capacity-BuildingLaw Enforcement & Capacity-Building Increase research and data collectionIncrease research and data collection Attack the basis of illicit markets through education on supply and Attack the basis of illicit markets through education on supply and
demand sidedemand side Combat underground economies and informal labour markets in Combat underground economies and informal labour markets in
destination countrydestination country Improved control and monitoring of bordersImproved control and monitoring of borders Open more legal migration channels?Open more legal migration channels?
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EU Initiatives
1) Tampere European Council 19991) Tampere European Council 1999
2) 2) Framework Decision on Combating the Trafficking in Framework Decision on Combating the Trafficking in Human BeingsHuman Beings
3) Comprehensive Plan to Combat Illegal Immigration and 3) Comprehensive Plan to Combat Illegal Immigration and Trafficking of Human Beings in the EU 2002Trafficking of Human Beings in the EU 2002
4) Brussels Declaration on Preventing and Combating 4) Brussels Declaration on Preventing and Combating Trafficking in Human Beings, 2002Trafficking in Human Beings, 2002
5) European Expert Group on Trafficking in Human 5) European Expert Group on Trafficking in Human Beings, 2004Beings, 2004
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IOM Approach
1) Prevention1) Prevention Information disseminationInformation dissemination Development and job creationDevelopment and job creation2) Prosecution2) Prosecution Support and Technical Cooperation to Support and Technical Cooperation to Law enforcementLaw enforcement Migration management and Migration management and JudiciaryJudiciary3) Protection3) Protection Accomodation & RehabilitationAccomodation & Rehabilitation Return & ReintegrationReturn & Reintegration4) Regional Policy Dialogue; Research4) Regional Policy Dialogue; Research
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Challenges
Broad based partnership between governments, civil society Broad based partnership between governments, civil society
and business sectorand business sector
Coordinated policy mixCoordinated policy mix
Dialogue & Partnership between regions and cultures to Dialogue & Partnership between regions and cultures to
counter global polarization of wealth, religions and ideologies counter global polarization of wealth, religions and ideologies