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International Organization for Migration

The Problem of Irregular Migration: The Problem of Irregular Migration:

What Can Be Done to Combat What Can Be Done to Combat

Criminal People-Trafficking Networks?Criminal People-Trafficking Networks?Paris, 18.-19. November 2004Paris, 18.-19. November 2004

Frank Laczko & Heikki MattilaPublications and Research Division,

IOM Geneva, Switzerland

Last updated, 17.11.04

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Outline

1)1) TrendsTrends

2)2) DefinitionsDefinitions

3)3) Policy ResponsesPolicy Responses

4)4) ChallengesChallenges

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Irregular Migration - Definition

Sending Country:Sending Country:- Failing to meet requirements to travelFailing to meet requirements to travel- To travel without respecting the restrictions imposed to To travel without respecting the restrictions imposed to regulate emigration (bypass exit controls)regulate emigration (bypass exit controls)

Destination Country:Destination Country:- Irregular EntryIrregular Entry- OverstayingOverstaying- Irregular residenceIrregular residence- Irregular employmentIrregular employment

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Global Migration Dynamics

1)1) Emigration push in sending countriesEmigration push in sending countries Survival migration: Poverty/ Escape from economic Survival migration: Poverty/ Escape from economic

distressdistress Unemployment/ UnderemploymentUnemployment/ Underemployment Opportunity seeking migrationOpportunity seeking migration Feminization of PovertyFeminization of Poverty Environmental disruptionEnvironmental disruption Conflicts/ Violations of Human RightsConflicts/ Violations of Human Rights DemographyDemography

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Global Migration Dynamics

2) Demand Pull in Destination Countries2) Demand Pull in Destination Countries DemographyDemography Labour shortagesLabour shortages Demand of cheap labourDemand of cheap labour High skilled workers: directly or via menial jobs High skilled workers: directly or via menial jobs

and regularizationand regularization

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Migration Trends

Net Immigration (EU & Efta 2003): 1 MillionNet Immigration (EU & Efta 2003): 1 Million Illegal Inflows to EU 15 (2001): 808,3000Illegal Inflows to EU 15 (2001): 808,3000 EU 15: Growth of employment in 1997-2002: 12 EU 15: Growth of employment in 1997-2002: 12

M (+8,1%), 9,5 M from EU and 2,5 M 3M (+8,1%), 9,5 M from EU and 2,5 M 3rdrd

countriescountries Regularizations:Regularizations:

EU – 15 EU – 15 1995 – 2002: 2,5 Million1995 – 2002: 2,5 Million

1973 - 1973 - : < 4 Million: < 4 Million Seasonal & Temporary (2001): 529,000Seasonal & Temporary (2001): 529,000

7 Source: World Migration Report 2005 (to be published in 2005)

Regularizations in OECD Countries

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Migration Trends

Illegal migration flows to the EU estimated to be Illegal migration flows to the EU estimated to be 808,300 in 2001 (ICMPD). 808,300 in 2001 (ICMPD).

Decrease of asylum applications in the EU since 1999. Decrease of asylum applications in the EU since 1999.

20012001 20022002 20032003

EU 25EU 25 438,953 438,953 425,526 425,526 346,686 346,686

United KingdomUnited Kingdom 92,00092,000 110,700110,700 49,40049,400

GermanyGermany 88,28788,287 71,12771,127 50,60050,600

FranceFrance 47,29147,291 50,79850,798 59,80059,800

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20012001 20022002 20032003

Russian FederationRussian Federation 16,86616,866 18,66618,666 38,90038,900

ChinaChina 8,7308,730 12,99612,996 37,10037,100

Dem. Republic of Dem. Republic of CongoCongo

9,1769,176 12,48212,482 35,80035,800

IraqIraq 47,53847,538 50,05850,058 32,10732,107

AfghanistanAfghanistan 49,91449,914 25,47025,470 22,40322,403

Trends in Irregular Migration

Overview of origin of Asylum seekers Overview of origin of Asylum seekers

Migration Trends

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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;

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Definition of Migrant Smuggling

Article 2, Revised Draft Protocol against Smuggling in Article 2, Revised Draft Protocol against Smuggling in

Migrants by Land, Air and Sea. Supplementing the UN Migrants by Land, Air and Sea. Supplementing the UN

Convention against Transnational Organized Crime:Convention against Transnational Organized Crime:

““The international procurement for profit for illegal entry The international procurement for profit for illegal entry

of a person into and& or illegal residence in a State of of a person into and& or illegal residence in a State of

which the person is not a national or a permanent resident.”which the person is not a national or a permanent resident.”

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Definition of Organized Crime Groups

UN Convention against Transnational Organized Crime UN Convention against Transnational Organized Crime (Article 2a):(Article 2a):

““A structured group of three or more persons, existing for a A structured group of three or more persons, existing for a

period of time and acting in concert with the aim of period of time and acting in concert with the aim of

committing one or more serious crimes and offences committing one or more serious crimes and offences

established in accordance with this Convention, in order to established in accordance with this Convention, in order to

obtain directly, or indirectly, a financial or other material obtain directly, or indirectly, a financial or other material

benefit. .”benefit. .”

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Division of Labour

Arrangers/ InvestorsArrangers/ Investors RecruitersRecruiters TransportersTransporters Corrupt Police OfficersCorrupt Police Officers InformersInformers GuidesGuides EnforcersEnforcers Supporting Personnel and SpecialistsSupporting Personnel and Specialists Debt CollectorsDebt Collectors Money-MoversMoney-Movers Ethnic – multi ethnicEthnic – multi ethnic

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Structure of Organized Crime Groups

Trafficking as a business Trafficking as a business

Transnational Corporations?Transnational Corporations?

Individuals/ Small Groups/ International Individuals/ Small Groups/ International Networks Networks

“ “Loosely connected international networks”Loosely connected international networks”

No central mastermind/ godfatherNo central mastermind/ godfather

Vertical – horizontal interdependenceVertical – horizontal interdependence

Full service: Chinese, Albania, RussiaFull service: Chinese, Albania, Russia

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Ways to Combat Smuggling and Trafficking Networks

1) Prosecution & Law Enforcement1) Prosecution & Law Enforcement Adoption/ Implementation of laws and sharpening of Adoption/ Implementation of laws and sharpening of

definitions Trainingdefinitions Training Introduce uniform penalties for traffickersIntroduce uniform penalties for traffickers Need to maximize cooperation in Europe Need to maximize cooperation in Europe

(Information exchange, harmonization of legal (Information exchange, harmonization of legal frameworks)frameworks)

Target the profits (Offences for money-laundering, Target the profits (Offences for money-laundering, asset seizure and forfeiture)asset seizure and forfeiture)

Attack corrupt support structures and networksAttack corrupt support structures and networks

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Ways to Combat Smuggling and Trafficking Networks

2) Protection2) Protection Prohibition of human trafficking in national legislationProhibition of human trafficking in national legislation Possibility for victims to stay in destination country to Possibility for victims to stay in destination country to

testify; and beyondtestify; and beyond Victim support systems (legal aid, social benefits, health Victim support systems (legal aid, social benefits, health

care, witness protection)care, witness protection) Rehabilitation of the victimsRehabilitation of the victims Increase number of signatory states to existing Increase number of signatory states to existing

international instrumentsinternational instruments Return and Re-integrationReturn and Re-integration

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Ways to Combat Smuggling and Trafficking Networks

3) Prevention3) Prevention Development: Job-creationDevelopment: Job-creation Promote good governancePromote good governance Promote and enhance the democratic processPromote and enhance the democratic process Law Enforcement & Capacity-BuildingLaw Enforcement & Capacity-Building Increase research and data collectionIncrease research and data collection Attack the basis of illicit markets through education on supply and Attack the basis of illicit markets through education on supply and

demand sidedemand side Combat underground economies and informal labour markets in Combat underground economies and informal labour markets in

destination countrydestination country Improved control and monitoring of bordersImproved control and monitoring of borders Open more legal migration channels?Open more legal migration channels?

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EU Initiatives

1) Tampere European Council 19991) Tampere European Council 1999

2) 2) Framework Decision on Combating the Trafficking in Framework Decision on Combating the Trafficking in Human BeingsHuman Beings

3) Comprehensive Plan to Combat Illegal Immigration and 3) Comprehensive Plan to Combat Illegal Immigration and Trafficking of Human Beings in the EU 2002Trafficking of Human Beings in the EU 2002

4) Brussels Declaration on Preventing and Combating 4) Brussels Declaration on Preventing and Combating Trafficking in Human Beings, 2002Trafficking in Human Beings, 2002

5) European Expert Group on Trafficking in Human 5) European Expert Group on Trafficking in Human Beings, 2004Beings, 2004

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IOM Approach

1) Prevention1) Prevention Information disseminationInformation dissemination Development and job creationDevelopment and job creation2) Prosecution2) Prosecution Support and Technical Cooperation to Support and Technical Cooperation to Law enforcementLaw enforcement Migration management and Migration management and JudiciaryJudiciary3) Protection3) Protection Accomodation & RehabilitationAccomodation & Rehabilitation Return & ReintegrationReturn & Reintegration4) Regional Policy Dialogue; Research4) Regional Policy Dialogue; Research

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Challenges

Broad based partnership between governments, civil society Broad based partnership between governments, civil society

and business sectorand business sector

Coordinated policy mixCoordinated policy mix

Dialogue & Partnership between regions and cultures to Dialogue & Partnership between regions and cultures to

counter global polarization of wealth, religions and ideologies counter global polarization of wealth, religions and ideologies

Address demographic developmentsAddress demographic developments

More legal channelsMore legal channels

The irregulars and their rights and integration The irregulars and their rights and integration

inclusive policiesinclusive policies