Conclusions of the International Conference on Migrant Smuggling: Challenges and Advances in Implementing the Protocol Against Migrant Smuggling by Land, Sea, and Air Mexico City, April 16-18, 2012 XVII Regional Conference on Migration Panama City, Panama, June 18-22, 2012

Conclusions Migrant smuggling is a problem that affects all countries, and its increase at a global level poses serious problems for international security. Migration as an exercise of free movement and the legitimate aspiration of persons to find better opportunities for human, economic, cultural, and professional development in a place other than their country of origin or residence, constitutes an inalienable right.

Conclusions Every State has the freedom and sovereignty to regulate migration flows within its territory. The Protocol Against Migrant Smuggling by Land, Sea, and Air has been designed to promote prevention and prosecution of the crime, as well as protection for migrants victims of migrant smuggling. In all cases, facilitating the entry or irregular stay of migrants by an organized group is recognized as a serious form of international organized crime, irrespective of the profile of migrant smugglers.

Conclusions Migrant smuggling is a highly lucrative crime for criminal organizations that gain illegal profit from the migration practices of persons in vulnerable situations. 7. In migrant smuggling, migrants are not considered to be victims of the crime but objects of smuggling; however, they can become victims of various crimes (extortion, theft, abduction) and violations of their human rights by organized crimes groups along their migration route.

Conclusions Limited, incomplete, and dispersed information is currently available in regard to the exact number of persons that are objects of migrant smuggling each year. However, available data on this crime show a trend to increase at a global level, given that migrant smuggling is an increasingly attractive crime for organized crime groups. 9. In recent years, an increase has been observed in the number of extra-continental migrants objects of migrant smuggling on the American continent. This represents a challenge for authorities.

Conclusions 10. The international community should recognize that the phenomenon of migrant smuggling is connected to other crimes perpetrated by transnational organized crime groups, such as: drug trafficking, trafficking in persons, abduction, extortion, trafficking of firearms, money laundering, and forging documents, among others; the shared responsibility between countries of origin, transit, and destination; and the need for international coordination and cooperation to combat this crime and protect the human rights of migrants objects of migrant smuggling. Policies should clearly differentiate between the actions to implement against migrant smugglers and those applied to migrants objects of migrant smuggling.

Conclusions 11. The crime should be addressed with a gender equality approach in order to guarantee respect for the human rights of women objects of migrant smuggling. Usually, women are more vulnerable to becoming victims of related crimes. 12. Combating migrant smuggling should be a part of State policy at a national, regional, and international level, and not only of migration policy.

Conclusions 13. It is essential to harmonize national legislations with the Protocol Against Migrant Smuggling by Land, Sea, and Air, which complements the United Nations Convention Against Transnational Organized Crime, with the aim of defining and typifying the crime of migrant smuggling with international norms in a consistent manner. 14. Institutional and multi-disciplinary cooperation is fundamental in investigating, persecuting, and prosecuting the crime.

Conclusions 15. The need to implement actions coordinated between States, international organizations, and organized civil society should be recognized, with the aim of ensuring legal aid, legal protection, and humanitarian aid for migrants objects of trafficking.

For additional information: Contact Information For additional information: http://www.unodc.org/unodc/en/treaties/CTOC/working-group-on-migrants-2012.html