Migrant smuggling is a crime that involves transporting people illegally across borders for money—or another form of material benefit. It affects countries all over the world. Despite growing political attention to the organized crime involvement in migrant smuggling and international efforts to combat it, its criminalization varies widely between countries.
How migrant smuggling is criminalized is the focus of a new report by the United Nations Office on Drugs and Crime (UNODC).
Countries around the world have been taking different approaches to deal with migrant smuggling.
To date, 86 countries have addressed migrant smuggling as a form of organized crime and consider profit motive as the main objective driving the actions of smugglers (closely following the Protocol’s definition).
In other countries, smuggling-related conduct is considered a migration crime because many of these national legislations do not take into account the profit motive derived from facilitating irregular migration.
The way the laws are drafted makes a big difference. By broadening the scope of criminalization to include non-profit acts, these laws can capture individuals or organizations that have no connection to organized crime or intent to benefit financially from their actions. For example, humanitarian workers, volunteers or people acting out of compassion may be charged with smuggling.
Some countries may also charge migrants themselves as accomplices in their smuggling, although international law excludes this possibility.
In 2000, the Smuggling of Migrants Protocol was adopted by the United Nations General Assembly. It is the first global international instrument, ratified by 153 countries and one regional organization, that includes standard legal requirements to criminalize migrant smuggling.
These countries are required to take several measures to prevent and address this crime, including ensuring that their legislation allows them to prosecute smugglers for their conduct.
Migrant smuggling and irregular migration are two different phenomena.
Migrant smuggling occurs when organized criminal groups and opportunistic individuals help migrants enter a foreign country irregularly for profit. Irregular migration, however, is the movement of people that happens outside legal frameworks, for example, entering or staying in a country without proper documentation.
Smugglers charge a fee for helping people to migrate irregularly. They offer services like transportation, accommodation, fraudulent work permits, passports and visas.
According to UNODC data, migrant smuggling is estimated to be a lucrative criminal industry, with a market value of at least $5.5-7 billion.
According to the Protocol, when smugglers endanger the lives or safety of migrants, or subject them to inhumane or degrading treatment, they should receive stronger punishments.
The new report shows that 68 per cent of countries with laws against migrant smuggling consider endangering life or safety as an aggravating factor, leading to tougher sentences for smugglers.
In many jurisdictions, additional factors such as the involvement of organized crime or public officials can lead to harsher penalties. Smuggling children is also considered a more serious crime in 25 per cent of countries globally, reflecting their increased vulnerability in these circumstances.
Metal detector at an airport security checkpoint.
Legal frameworks and their enforcement vary significantly across countries, making it difficult to evaluate the overall effectiveness of legislation aimed at combatting migrant smuggling.
Organized crime groups are quick to exploit legal gaps and differences between legislations, allowing them to carry out complex and highly profitable operations. These smuggling networks are often involved in other illicit activities, such as money laundering, and may even corrupt officials to shield their operations.
In many countries, anti-smuggling efforts tend to focus on apprehending lower-level facilitators rather than targeting the major criminal organizations behind these activities.
Criminal groups are well aware that the main concern of governments is to stop irregular immigration, which often allows smugglers to continue their activities without facing consequences.
To address these challenges, UNODC helps countries assess whether their laws are sufficient to effectively address migrant smuggling and the organized crime groups behind it.
By identifying areas for improvement and advising on legal reform and effective implementation measures, UNODC provides valuable insights that can strengthen legal frameworks and enforcement strategies, ultimately contributing to more effective efforts in tackling migrant smuggling.
