Public Hearing in the framework of the EESC opinion on the “EU Action Plan against
migrant smuggling (2015 – 2020)”
Ms. Martina Hanke, UNODC
Key Note Speaker
Brussels, 12 October 2015
Ladies and Gentlemen,
It is an honour to address you today, here at the European Economic and Social Committee.
I represent the United Nations Office on Drugs and Crime. Some of you may be aware of
the mandates of UNODC. We are part of the United Nations Secretariat and have for
mandate, among others, to assist States ratify and implement an international instrument of
direct relevance to be topic under discussion today: the United Nations Protocol against the
Smuggling of Migrants by Land, Sea and Air supplementing the Convention against
Transnational Organized Crime. This international framework entered into force almost 12
years ago [12 Dec. 2004] and now counts 141 States Parties around the world, including the
European Union.
As an introduction to this public hearing, I will aim to tell you more about what the
international community committed to achieve when it adopted the Smuggling of Migrants
Protocol, and how it is still relevant today, provided that States commit to adopt a balanced
and comprehensive approach when implementing this framework. I will also duly consider
the recent measures adopted at the regional level to address migration and migrant
smuggling.
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UNODC welcomes the recent efforts of the European Union to address Migration in a
comprehensive manner through the EU Agenda on Migration. The EU was pressed to react
to the multiplication of tragic migration related events at its borders, especially at sea, in the
last two years, and decided to do so in a coordinated manner, at the regional level.
Migrants and refugees who are seeking to reach safer shores often need to turn to
facilitators, or smugglers, to circumvent border management measures. Access to Europe
can be problematic. It is difficult, if not impossible, to secure a visa to the Schengen area
nowadays for many people living in impoverished countries or zones affected by armedconflict and political instability. Profit seeking individuals and groups have taken advantage
of this situation and developed profitable businesses to respond to the demand for border
crossing. Of the 560,000 persons [UNHCR data] who have reached Europe to date this year,
a majority is thought to have used the services of smugglers.
The five year EU Action Plan against Migrant Smuggling proposes a set a targeted measures
in support of both the EU Agenda on Migration and the EU Agenda on Security to
strengthen the European response against migrant smuggling with a focus on (1) police and
judicial action, (1) gathering and sharing of information, (3) prevention of smuggling and
assistance to vulnerable migrants and (4) stronger cooperation with non-EU Member States.
The overall objective of this action plan is to “transform smuggling networks from ‘low risk,
high return’ operations for criminals to ‘high risk, low return ones”, with the ultimate aim of
preventing “the exploitation of migrants by criminal networks”.
At UNODC, we are particularly concerned with the threat posed by organized crime to
society. Criminal networks seize any opportunities to generate illicit profits at States’
expense. They are expert at escaping rules and regulations, and even at misusing them to
their advantage. Organized crime groups are, as we speak, taking advantage of the gaps that
exist today in the laws, the strategies and in the operational capacity of States. So we do
agree with the goals pursued by the EU Action Plan against Migrant Smuggling.
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The four areas of intervention of the Action Plan are not remote from the requirements set
by the international framework on migrant smuggling. The international community,
through the adoption of the UN Protocol against the Smuggling of Migrants, decided that
States Parties had the duty to comply with the following four objectives: (1) prevent and (2)
combat the smuggling of migrants, (3) protect the rights of the migrants, (4) cooperate to
this end. So, although the Protocol is labelled as a “criminal justice instrument”, it contains
mandatory provisions that relate to the protection of and assistance to those who are
smuggled. It reiterates, for example, that the law enforcement response and border control
measures enforced in implementation of the Protocol shall not contravene the nonrefoulement principle.
As the guardian of the Smuggling of Migrants Protocol, UNODC supports the efforts of
States to disrupt organized criminal networks through intelligence-led and financial
investigations, to put an end to money laundering and to confiscate the assets of illicit
activities. UNODC advocates for the prosecution of criminals, and in particular high level
organizers, who endanger the life of migrants and refugees, including children, subject them
to inhuman and degrading treatment, and extort huge amounts of money for their services.
My Office is indeed well placed to support States, including non-EU Member States, to
enhance their capacity to this end and support the implementation of the EU Action Plan in
this regard.
But an effective response to migrant smuggling is by nature multifaceted.
First, there has to be a collective effort along common routes. Smuggling of migrants is a
transnational organized crime that ignores borders. It can only be disrupted through crossborder cooperation among the police and the judiciary of countries of destination, transit
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and origin. This cooperation needs to extend to the exchange of information based on
mutual trust to develop knowledge-based responses.
Cooperation is also key to addressing the root socio-economic causes of the smuggling of
migrants such as poverty and under-development. The Protocol requires to promote and
strengthen equitable sustainable development programmes that would aim at reducing
violence and ensuring broader political participation and access to justice, paying special
attention to economically and socially depressed areas, which is in line with the Sustainable
Development Goals.
Ladies and gentlemen,
I mentioned at the beginning of my intervention that migrants and refugees who find
themselves in a desperate situation may turn to smugglers by lack of alternative ways to
migrate or reach safety. Prevention measures should also address this problem. Indeed, the
Secretary General of the United Nations recently called on the EU “to consider increasing
legal and safe pathways into Europe for [refugees and migrants], so that they are not left in
the hands of criminal networks and embark on perilous journeys”. This echoes the
conclusions of the Annual Conference of the EU Fundamental Rights Agency last year in
which UNODC took part as panellist.
Finally, the protection of the rights of persons who are smuggled needs to be central in the
response against migrant smuggling. Although the necessary range of measures to be taken
to this effect is not exhaustively spelt out in the Smuggling of Migrants Protocol, the
Protocol reminds States that they cannot disregard their obligations and responsibilities
under international humanitarian law and international human rights law, in particular the
law of the refugees.
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Taking into account the diversity of profiles and needs of the persons who are smuggled is a
challenge that must be overcome when handling the mixed migration flows that affect
Europe. It is all the more relevant when over 80% of persons who arrived in Europe by sea
this year come from the worlds’ top ten producing refugee-producing countries, according
to UNHCR (eg. Syria 55%, Afghanistan 14%, Eritrea 6%).
Although smuggled migrants and refugees may not be in slavery situations or victims of
human trafficking as defined in the UN Protocol against Trafficking in Persons, many of them
are victims of aggravating circumstances during their journey. At least 3,000 persons lost
their live at sea on their way to Europe so far this year [UNHCR]. The Protocol requires
States to take action to criminalize and prosecute those who abuse, violate, commit crimes
against the smuggled persons, and not to criminalize migrants for having been smuggled. A
fundamental rights-based approach to combating smuggling is also supported by the
Recommended Principles and Guidelines on Human Rights at International Borders,
developed by the Office of the High Commissioner for Human Rights with UNODC’s input.
As a matter of conclusion, and as stated in the Resolution (2014/23) of the Economic and
Social Council of the United Nations adopted last year, I would like to underscore “the need
to address challenges related to the smuggling of migrants through a comprehensive and
balanced approach, and through bilateral, regional and international cooperation and
dialogue, as appropriate, between countries of origin, transit and destination.”
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