Agenda: addressing Transnational smuggling networks: Strengthening International Cooperation to
Combat Contraband Trafficking
Migrant smuggling is a global and lucrative criminal activity that undermines national
border management efforts and generates profits that fuel other illegal activities
Countering the smuggling of migrants has become an increasingly pertinent global priority. In addition
to people being abused and mistreated while being smuggled, and some losing their lives in this context,
as widely reported in the media, there is money to made by criminal networks and individual criminal
actors
Criminal justice measures against the smuggling of migrants must be implemented in a way that ensures
that asylum seekers and migrants are not denied access to their internationally protected human rights
in the name of combating organized crime
The smuggling of migrants is a truly global concern, with a large number of countries affected by it as
origin, transit or destination points. Profit-seeking criminals smuggle migrants across borders and
between continents. Assessing the real size of this crime is a complex matter, owing to its underground
nature and the difficulty of identifying when irregular migration is being facilitated by smugglers.
Smugglers take advantage of the large number of migrants willing to take risks in search of a better life
when they cannot access legal channels of migration. Smuggled migrants are vulnerable to abuse and
exploitation. Their safety and even their lives are often put at risk: they may suffocate in containers,
perish in deserts or drown at sea while being smuggled by profit-seeking criminals who treat them as
goods. As the crime is a clandestine one, accurate global figures are difficult to come by. Nevertheless, it
is estimated that two of the principal smuggling routes — leading from East, North and West Africa to
Europe and from South America to North America — generate about $6.75 billion a year for criminals.1
The global figure is likely to be much higher
Smugglers of migrants are becoming more and more organized, establishing professional networks that
transcend borders and encompass all regions. As with other forms of organized crime, the groups
concerned have increased their operations by shifting routes in a bid to expand into other markets and
circumvent the responses of States. Criminal groups have merged or formed cooperative relationships,
expanding their geographical reach and the range of their criminal activities. Some criminal groups view
migrants as simply one of many commodities to be smuggled, alongside drugs and firearms. Since the
smuggling of migrants is a highly profitable illicit activity with a relatively low risk of detection, it is
attractive to criminals
It is estimated that just under one third of all immigrants in the United States of America are there
illegally, with about 80 per cent of the illegal immigrant population in the country originating in South
America (as well as Mexico). Of all illegal immigrants in the United States, an estimated 25-40 per cent
entered the country on a legal visa and then overstayed, and the remainder entered the country
clandestinely. 97% are from the border with Mexico
While the percentage of migrants who have been smuggled is unknown, it is estimated that Latin
Americans account for around 3 million illegal entries into the United States each year, generating an
annual income of about $6.6 billion for criminals
South Africa – Brazil – South America – Costa Rica/Panama – Mexico, Chinese and Indians do the same
Africans(55,000) – Europe – generate about $150 million for criminals
For African migrants travelling to Europe, the motivation for leaving their country-of-origin mirrors that
of migrants from Central America and South America: a lack of economic opportunities and political
instability are two of the leading reasons
If countries lack the resources and legal framework to respond appropriately to the smuggling of
migrants, the crime may continue unchecked
The absence or inadequacy of national legislation to address the smuggling of migrants in many parts of
the world often means that smugglers of migrants can continue to commit the crime with little fear of
being brought to justice
Moreover, organized criminal groups turn to smuggling of migrants only for the profit that it generates.
Following the money trail by launching financial investigations and freezing, seizing and confiscating
assets, as well as looking for examples of money-laundering, could have a direct impact on such profits.
Making the smuggling of migrants an unprofitable crime would discourage organized criminal groups
from becoming involved in it
Key to combating the smuggling of migrants, therefore, is the need to increase international
cooperation, reinforce national coordination and ensure that the laws in the countries involved are
harmonized in order to close loopholes. Only by ensuring that actors within countries of origin, transit
and destination work together can the smuggling of migrants be stopped. The United Nations
Convention against Transnational Organized Crime and the Protocol against the Smuggling of Migrants
by Land, Sea and Air, supplementing the Convention, are essential to addressing the crime
The work of UNODC in countering the smuggling of migrants focuses on assisting States in implementing
the Smuggling of Migrants Protocol and in enacting laws criminalizing involvement in the smuggling of
migrants and on training law enforcement officers and prosecutors from around the world
Coordinators/organizers have overall responsibility for the migrant smuggling operation
Recruiters advertise migrant smuggling services to potential clients. They may also have the role of
collecting fees. They may work with more than one smuggler and are mostly resident in the country of
origin or transit, with good knowledge of the migrants’ language and even personal ties to the migrants
at times
Transporters/guides are the feet on the ground for the migrant smuggling operation, guiding or
accompanying migrants through one or more countries and across borders. Migrants may be passed
from one transporter/guide to another. Transporters are usually easy to recruit, and if caught, their loss
from the network does not affect the migrant smuggling operation much. They are not always part of
the broader smuggling network
Spotters provide information about specific law enforcement checks or travel ahead of a vehicle in
which smuggled migrants are traveling to warn of possible checks in advance. Enforcers safeguard and
keep order during the operation by, for example, preventing smuggled migrants from making noise or
moving around, at times using threats and violence
Providers/suppliers – they may be not aware that they’re playing an indirect role
USA
Afghanistan:
Spain:
Mexico:
Italy:
Pakistan:
Turkey: Migrants are smuggled by boat to various locations in Europe
Iran:
Thailand:
Russia:
Sudan:
Canada:
Germany:
France:
UK:
In the case of R v. Nica, Hughes and Others, a criminal network involved in smuggling 39 Vietnamese
migrants, including children, across the English Channel was targeted by law enforcement from multiple
countries. The migrants died in a sealed container under extreme heat. The network was complex and
international, with a large-scale investigation involving the UK, Belgium, Ireland, France, and EU
agencies. Key figures in the operation, like the organizers and owners of the haulage business, were
charged with manslaughter, while others involved in smaller roles, such as recruiting drivers, received
lesser sentences. This prosecution effectively dismantled the network, focusing on those responsible for
the operation's most dangerous and profitable aspects
Australia:
China:
China never joined a protocol aims at reducing the smuggling of migrants, protecting the rights of
smuggled migrants and preventing the abuse associated with this crime. Countries that ratify this treaty
ensure that migrant smuggling is criminalized in accordance with the Protocol’s legal requirements
(countries must follow their national laws, all migrants who were smuggled should have their rights
respected, improve border controls, conduct joint investigations, legal protection, appropriate penalties)
India:
Saudi Arabia:
South Africa:
