1. Protocol against the Smuggling of Migrants by Land, Sea and Air (Migrant Smuggling Protocol)

2. International framework on migrant smuggling
The United Nations Convention on Transantional Organized Crime (UNTOC) is supplement by 3 Protocols:
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
Protocol against the Smuggling of Migrants by Land, Sea and Air
Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition

3. Objectives of the Migrant Smuggling Protocol
Prevent and combat the smuggling of migrants
Protect the rights of smuggled migrants
Promote cooperation between states
(Art.2)

4. Criminalization
Art. 6 of the Migrant Smuggling Protocol requires States to criminalize migrant smuggling (as defined in Art. 3)
“Smuggling of migrants” shall mean: the procurement of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident, in order to obtain a financial or other material benefit
In addition, article 6 requires States to criminalize the following conduct:
Enabling a person to illegally remain in a country for financial or other material benefit
Producing, procuring, providing or possessing fraudulent travel or identity documents for the purpose of migrant smuggling
Attempting, participating, organizing or directing others to commit Protocol offences

5. Non-Criminalization THE SMUGGLING PROTOCOL DOES NOT INTEND:
To criminalize family-members or other groups, who smuggle a person for non-profit reasons;
To criminalize irregular migration as such;
In this regard, article 5 states that the migrants themselves must not be held responsible for the crime of smuggling only because of having been smuggled.

6. Aggravating Circumstances
Article 6 requires States to adopt legislative measures to establish aggravating circumstances, including those that:
Endanger or are likely to endanger the lives or safety of the migrants concerned or
Entail inhuman or degrading treatment, including exploitation of the migrants.
Examples of such circumstances include (but are not limited to):
Connections with other crimes such as drug smuggling and trafficking in persons; for instance, migrants may be compelled to carry drugs when they are themselves smuggled.
Conditions in which migrants are smuggled: was the boat, bus or car particularly hot, cold, wet, dry or crowded? Was the current at sea particularly strong?

7. Assistance, protection and repatriation
Provide assistance to smuggled migrants
Return shall be done in an orderly manner and with due regard for the safety and dignity of the person
“Non-refoulement” and illegal entry to a State shall not negatively affect a person’s claim for asylum (with specific reference to Convention and the 1967 Protocol
(Art. 16, 18 and 19)

8. Migrant smuggling by sea
Smuggling Protocol Art. 7-9:
Cooperate to the fullest extent possible to prevent the smuggling of migrants by sea
Render assistance to a State that has the right to board a vessel flying its state flag
Inform the flag State if it has boarded its vessel
Respond expeditiously to a request for determination if a vessel is entitled to claim that State as the State of its registry
Respond expeditiously to a request for authorization to board, search and take other measures with respect to a vessel flying its flag
Designate an authority to assist or respond to requests for assistance concerning such vessels
When carrying out measures aboard vessels, States shall:
Ensure the safety and humane treatment of passengers
Compensate the vessel for any loss or damage where enforcement grounds for measures against the vessel prove to be unfounded

9. Prevention
Implement social and economic measures to address the root causes of smuggling such as poverty and lack of economic opportunities
Undertake public information campaigns
Ensure that commercial carriers check their passengers’ travel documents.
Enhance the effectiveness of border controls
Improve the security of travel documents, and
Speed up bilateral cooperation in verifying if a travel document is valid or not.
Train law enforcement, immigration and other relevant officials
(Art. 11, 12, 13, 14 and 15)

10. Information exchange and cooperation
Exchange information with other States
Cooperate with international organizations and NGOs
(Art. 6, 9 and 10)