1. Last updated,
International Organization for Migration
The Problem of Irregular Migration: What Can Be Done to Combat Criminal People-Trafficking Networks?
Paris, November 2004
Frank Laczko & Heikki Mattila
Publications and Research Division,
IOM Geneva, Switzerland

2. Trends Definitions Policy Responses Challenges
Outline
Trends
Definitions
Policy Responses
Challenges

3. Irregular Migration - Definition
Sending Country:
Failing to meet requirements to travel
To travel without respecting the restrictions imposed to regulate emigration (bypass exit controls)
Destination Country:
Irregular Entry
Overstaying
Irregular residence
Irregular employment

4. Global Migration Dynamics
Emigration push in sending countries
Survival migration: Poverty/ Escape from economic distress
Unemployment/ Underemployment
Opportunity seeking migration
Feminization of Poverty
Environmental disruption
Conflicts/ Violations of Human Rights
Demography

5. Global Migration Dynamics
2) Demand Pull in Destination Countries
Demography
Labour shortages
Demand of cheap labour
High skilled workers: directly or via menial jobs and regularization

6. Migration Trends Net Immigration (EU & Efta 2003): 1 Million
Illegal Inflows to EU 15 (2001): 808,3000
EU 15: Growth of employment in : 12 M (+8,1%), 9,5 M from EU and 2,5 M 3rd countries
Regularizations: EU – – 2002: 2,5 Million : < 4 Million
Seasonal & Temporary (2001): 529,000

7. Source: World Migration Report 2005 (to be published in 2005)
Regularizations in OECD Countries
Source: World Migration Report 2005 (to be published in 2005)

8. Migration Trends
Illegal migration flows to the EU estimated to be 808,300 in 2001 (ICMPD).
Decrease of asylum applications in the EU since 1999.
2001
2002
2003
EU 25
438,953
425,526
346,686
United Kingdom
92,000
110,700
49,400
Germany
88,287
71,127
50,600
France
47,291
50,798
59,800

9. Trends in Irregular Migration
Migration Trends
Overview of origin of Asylum seekers
2001
2002
2003
Russian Federation
16,866
18,666
38,900
China
8,730
12,996
37,100
Dem. Republic of Congo
9,176
12,482
35,800
Iraq
47,538
50,058
32,107
Afghanistan
49,914
25,470
22,403

10. 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;

11. Definition of Migrant Smuggling
Article 2, Revised Draft Protocol against Smuggling in Migrants by Land, Air and Sea. Supplementing the UN Convention against Transnational Organized Crime:
“The international procurement for profit for illegal entry of a person into and& or illegal residence in a State of which the person is not a national or a permanent resident.”

12. Definition of Organized Crime Groups
UN Convention against Transnational Organized Crime (Article 2a):
“A structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes and offences established in accordance with this Convention, in order to obtain directly, or indirectly, a financial or other material benefit. .”

13. Division of Labour Arrangers/ Investors Recruiters Transporters
Corrupt Police Officers
Informers
Guides
Enforcers
Supporting Personnel and Specialists
Debt Collectors
Money-Movers
Ethnic – multi ethnic

14. Structure of Organized Crime Groups
Trafficking as a business
Transnational Corporations?
Individuals/ Small Groups/ International Networks
“Loosely connected international networks”
No central mastermind/ godfather
Vertical – horizontal interdependence
Full service: Chinese, Albania, Russia

15. Ways to Combat Smuggling and Trafficking Networks
1) Prosecution & Law Enforcement
Adoption/ Implementation of laws and sharpening of definitions Training
Introduce uniform penalties for traffickers
Need to maximize cooperation in Europe (Information exchange, harmonization of legal frameworks)
Target the profits (Offences for money-laundering, asset seizure and forfeiture)
Attack corrupt support structures and networks

16. Ways to Combat Smuggling and Trafficking Networks
2) Protection
Prohibition of human trafficking in national legislation
Possibility for victims to stay in destination country to testify; and beyond
Victim support systems (legal aid, social benefits, health care, witness protection)
Rehabilitation of the victims
Increase number of signatory states to existing international instruments
Return and Re-integration

17. Ways to Combat Smuggling and Trafficking Networks
3) Prevention
Development: Job-creation
Promote good governance
Promote and enhance the democratic process
Law Enforcement & Capacity-Building
Increase research and data collection
Attack the basis of illicit markets through education on supply and demand side
Combat underground economies and informal labour markets in destination country
Improved control and monitoring of borders
Open more legal migration channels?

18. EU Initiatives 1) Tampere European Council 1999
2) Framework Decision on Combating the Trafficking in Human Beings
3) Comprehensive Plan to Combat Illegal Immigration and Trafficking of Human Beings in the EU 2002
4) Brussels Declaration on Preventing and Combating Trafficking in Human Beings, 2002
5) European Expert Group on Trafficking in Human Beings, 2004

19. IOM Approach 1) Prevention Information dissemination
Development and job creation
2) Prosecution
Support and Technical Cooperation to
Law enforcement
Migration management and
Judiciary
3) Protection
Accomodation & Rehabilitation
Return & Reintegration
4) Regional Policy Dialogue; Research

20. Challenges
Broad based partnership between governments, civil society and business sector
Coordinated policy mix
Dialogue & Partnership between regions and cultures to counter global polarization of wealth, religions and ideologies
Address demographic developments
More legal channels
The irregulars and their rights and integration
inclusive policies