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International Organization for Migration

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Prohibition of human trafficking in national legislation ... 2) Framework Decision on Combating the Trafficking in Human Beings ... – PowerPoint PPT presentation

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Title: International Organization for Migration


1
Last updated, 17.11.04
  • International Organization for Migration

The Problem of Irregular Migration What Can Be
Done to Combat Criminal People-Trafficking
Networks? Paris, 18.-19. November 2004
Frank Laczko Heikki Mattila Publications and
Research Division, IOM Geneva, Switzerland
2
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 1997-2002 12 M
    (8,1), 9,5 M from EU and 2,5 M 3rd countries
  • Regularizations EU 15 1995 2002 2,5
    Million 1973 - lt 4 Million
  • Seasonal Temporary (2001) 529,000

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