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. 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 Global Migration Dynamics

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

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 - : < 4 Million • Seasonal & Temporary (2001): 529,000

7. 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.

9. Migration Trends Trends in Irregular Migration Overview of origin of Asylum seekers

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 ofthreat or use of force or other forms of coercion, of abduction, of fraud, ofdeception, of the abuse of power or of a position of vulnerability or of thegiving or receiving of payments or benefits to achieve the consent of aperson having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of theprostitution of others or other forms of sexual exploitation, forced labour orservices, slavery or practices similar to slavery, servitude or the removal oforgans;

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