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Protocol against the Smuggling of Migrants by Land, Sea and Air

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Title: Protocol against the Smuggling of Migrants by Land, Sea and Air  
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Subject: Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Organized crime events, Treaties of Iraq, Treaties of Ethiopia, Treaties of Egypt
Collection: 2000 in Labour Relations, 2000 in New York, Child Labour Treaties, Human Trafficking Treaties, International Criminal Law Treaties, Labour Treaties, Organized Crime Events, Treaties Adopted by United Nations General Assembly Resolutions, Treaties Concluded in 2000, Treaties Entered Into by the European Union, Treaties Entered Into Force in 2004, Treaties Extended to Aruba, Treaties Extended to the Caribbean Netherlands, Treaties of Albania, Treaties of Algeria, Treaties of Angola, Treaties of Antigua and Barbuda, Treaties of Argentina, Treaties of Armenia, Treaties of Australia, Treaties of Austria, Treaties of Azerbaijan, Treaties of Bahrain, Treaties of Barbados, Treaties of Belarus, Treaties of Belgium, Treaties of Belize, Treaties of Benin, Treaties of Bosnia and Herzegovina, Treaties of Botswana, Treaties of Brazil, Treaties of Bulgaria, Treaties of Burkina Faso, Treaties of Burundi, Treaties of Cambodia, Treaties of Cameroon, Treaties of Canada, Treaties of Cape Verde, Treaties of Chile, Treaties of Costa Rica, Treaties of Croatia, Treaties of Cuba, Treaties of Cyprus, Treaties of Denmark, Treaties of Djibouti, Treaties of Dominica, Treaties of East Timor, Treaties of Ecuador, Treaties of Egypt, Treaties of El Salvador, Treaties of Estonia, Treaties of Ethiopia, Treaties of Finland, Treaties of France, Treaties of Georgia (Country), Treaties of Germany, Treaties of Ghana, Treaties of Greece, Treaties of Grenada, Treaties of Guatemala, Treaties of Guinea, Treaties of Guyana, Treaties of Haiti, Treaties of Honduras, Treaties of Hungary, Treaties of India, Treaties of Indonesia, Treaties of Iraq, Treaties of Italy, Treaties of Jamaica, Treaties of Kazakhstan, Treaties of Kenya, Treaties of Kiribati, Treaties of Kuwait, Treaties of Kyrgyzstan, Treaties of Laos, Treaties of Latvia, Treaties of Lebanon, Treaties of Lesotho, Treaties of Liberia, Treaties of Liechtenstein, Treaties of Lithuania, Treaties of Luxembourg, Treaties of Madagascar, Treaties of Malawi, Treaties of Mali, Treaties of Malta, Treaties of Mauritania, Treaties of Mauritius, Treaties of Mexico, Treaties of Moldova, Treaties of Monaco, Treaties of Mongolia, Treaties of Montenegro, Treaties of Mozambique, Treaties of Myanmar, Treaties of Namibia, Treaties of Nauru, Treaties of New Zealand, Treaties of Nicaragua, Treaties of Niger, Treaties of Nigeria, Treaties of Norway, Treaties of Oman, Treaties of Panama, Treaties of Paraguay, Treaties of Peru, Treaties of Poland, Treaties of Portugal, Treaties of Romania, Treaties of Russia, Treaties of Rwanda, Treaties of Saint Kitts and Nevis, Treaties of Saint Vincent and the Grenadines, Treaties of San Marino, Treaties of São Tomé and Príncipe, Treaties of Saudi Arabia, Treaties of Senegal, Treaties of Serbia and Montenegro, Treaties of Seychelles, Treaties of Sierra Leone, Treaties of Slovakia, Treaties of Slovenia, Treaties of South Africa, Treaties of Spain, Treaties of Suriname, Treaties of Swaziland, Treaties of Sweden, Treaties of Switzerland, Treaties of Syria, Treaties of Tajikistan, Treaties of Tanzania, Treaties of the Bahamas, Treaties of the Central African Republic, Treaties of the Czech Republic, Treaties of the Democratic Republic of the Congo, Treaties of the Dominican Republic, Treaties of the Gambia, Treaties of the Libyan Arab Jamahiriya, Treaties of the Netherlands, Treaties of the Philippines, Treaties of the Republic of MacEdonia, Treaties of the United Kingdom, Treaties of the United States, Treaties of Togo, Treaties of Trinidad and Tobago, Treaties of Tunisia, Treaties of Turkey, Treaties of Turkmenistan, Treaties of Ukraine, Treaties of Uruguay, Treaties of Venezuela, Treaties of Zambia, United Nations Treaties
Publisher: World Heritage Encyclopedia

Protocol against the Smuggling of Migrants by Land, Sea and Air

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
Type international criminal law
Drafted 15 November 2000
Signed 12 December 2000
Location New York City, United States
Effective 28 January 2004
Condition 40 ratifications
Signatories 112
Parties 141
Depositary Secretary-General of the United Nations
Languages Arabic, Chinese, English, French, Russian, and Spanish

The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations General Assembly in 2000. It is also referred to as the Smuggling Protocol. It is one of the three Palermo protocols, the others being the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition.

The Smuggling Protocol entered into force on 28 January 2004. As of November 2014, the protocol has been signed by 112 parties and ratified by 141.[1]

The Protocol is aimed at the protection of rights of people smuggling, including socio-economic measures that address the root causes of migration.

The Protocol requires States Parties that have ratified to ensure that migrant smuggling (also called people smuggling) is criminalised in accordance with its terms, and those set out in the Convention on Transnational Organised Crime.

Given the current political priority around people smuggling, it is perhaps surprising that a concerted international focus on defining and responding to migrant smuggling only occurred in the 1990s. This focus followed sharp rises in irregular migration to the United States, and to Europe in the 1980s and 90s.[2] A focus on those who facilitate irregular migration - rather than migrants themselves - was seen as a critical element of any response. The resulting legal framework was the Protocol against the Smuggling of Migrants by Land, Sea and Air (Migrant Smuggling Protocol), that supplements the parent instrument, the United Nations Convention against Transnational Organized Crime.[3]

The Migrant Smuggling Protocol does not provide a complete or self-contained legal regime but instead exists as part of a "dense web of rights, obligations and responsibilities drawn not just from the Protocol and Convention but also from the law of the sa, human rights law, and refugee law."[4]

Unlike human trafficking, people smuggling is characterized by the consent between customer and smuggler - a contractual agreement that typically terminates upon arrival in the destination location. However, smuggling situations can nonetheless in reality descend into situations that can best be described as extreme human rights abuses, with smuggled migrants subject to threats, abuse, exploitation and torture, and even death at the hands of smugglers (see for example, case studies in Gallagher and David, International Law of Migrant Smuggling, 2014, 9-10).

See also


  1. ^ Ratifications.
  2. ^ Gallagher and David, International Law of Migrant Smuggling, 2014, p1
  3. ^ Gallagher and David, International Law of Migrant Smuggling, 2014, p1
  4. ^ A.Gallagher and F.David, International Law of Migrant Smuggling, 2014, p2

External links

  • Text of protocol
  • UNODC Smuggling of Migrants
  • UNODC, Model Law on Smuggling of Migrants
  • Ratifications SOM Protocol - UN Treaty Collection
  • programmes regarding the protocol
  • A.Gallagher and F.David, International Law of Migrant Smuggling, 2014
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