Human trafficking in its essence entails 3 main elements: the act- recruiting, transporting, transferring, harbouring or receiving a person, the means-such as coercion, deception or abuse of vulnerability, and the purpose- to exploit. On the other hand, migrant smuggling involves the facilitation of illegal travel across borders into a state of which the migrant is not a national, for financial or other material benefits. To distinguish between the two, it is important to remember that not all victims of trafficking are smuggled migrants, because they do not need to cross international borders to be considered trafficked. Domestic trafficking is also prevalent.

1. O VERVIEW O F T H E I NTERNATIONAL L E GAL F RAMEWORK TO AD D RESS
T R AFFICKING I N
P E RSONS AN D S MUGGLING O F M I GRANTS - T HE U NITE D N ATIONS CONVENTIO N
AGAINST
T R ANSNATIONAL O R GANIZE D CR IME AN D I TS T WO S UPPLEMENTARY
P R OTOCOLS:
CR IMINALIZATION AN D CR IMINAL J USTICE / L AW E NFORCEMENT P ROVISION S
TO CO MBAT
T IP AN D S OM

2. HUMAN TRAFFICKING VS SMUGGLING
OF MIGRANTS
Human Trafficking includes 3
elements:
• 1. The act of recruiting,
transporting, transferring,
harbouring or receiving a
person
• 2. By means of coercion,
deception or abuse of
vulnerability
• 3. For the purpose of
exploitation
Migrant smuggling is a crime
concerning the facilitation of
the illegal border crossing of a
person into a state in which a
person is not a national or
resident, in order to obtain
financial or other material
benefit.
Not all victims of trafficking are smuggled migrants, because they do not need to cross a border, as they
can be trafficked domestically. Smuggling migrants does not focus on exploitation, which is a key
component in the definition of trafficking in persons. Contrary to human trafficking, smuggled migrants are
willing to be smuggled, however the problems arise when the organized criminal groups exploit them in
their new destination, and threaten to report them to authorities as illegal migrants if they protest

3. CONVENTION AGAINST
TRANSNATIONAL ORGANIZED CRIME
Made up of 3 protocols:
• 1. Protocol to Prevent, Suppress and Punish Trafficking In Persons,
Especially Women and Children
• 11. Protocol against the Smuggling of Migrants by Land, Sea and
Air
• 111. Protocol against the Illicit Manufacturing of and Trafficking in
Firearms, their Parts and Components and Ammunition

4. PROTOCOL 1
To Prevent, Suppress and Punish Trafficking in Persons; Especially in
Women and Children
• Brought into force on December 25th, 2003
• The protocol allowed for an agreed definition of “trafficking in persons”
to be introduced and accepted. This definition allowed for greater
understanding globally, thereby allowing international cooperation
during investigation and persecution.
• Another objective is to protect and assist victims of trafficking.

5. PROTOCOL 1 (CONTINUATION)
To Prevent, Suppress and Punish Trafficking in Persons; Especially in
Women and Children
• Because more countries have accepted this protocol, there is greater
coverage of the movement of trafficking in persons, thereby resulting in
better monitoring and information.
• The agreed definition of the protocol is what caused for the
criminalization of it to increase by 5 times, from 33 countries in 2003 to
158 in 2016.
• But some legislations whom have not accepted the protocol completely
have left their citizens unprotected and vulnerable to trafficking. This
totals to 2 billion people.

6. PROTOCOL 11
• Brought into force on January 28th, 2004
• This protocol focuses on organized criminal groups who participate in
the smuggling of migrants for profit, and usually result in migrants
being put at risk.
• The protocol aims to prevent and combat the smuggling of migrants,
promote international cooperation, and protect the migrants from
exploitation.
The Protocol against the Smuggling of Migrants by Land, Sea and Air

7. PROTOCOL 11 (CONTINUATION)
• It has been determined that people wish to migrate to flee distressing
situations, and the one of the purposes of this protocol is not only to
help smuggled migrants, but to create better living environments that
would reduce the number of people wanting to migrate
• The Ad Hoc Committee in Vienna aims to combat migrant smuggling by
tightening border control (by land, sea and air), whilst still protecting
migrants who are at high risk due to the smugglers
• This protocol also aims to avoid punishing the migrants or people who
helped them, on humanitarian grounds
The Protocol against the Smuggling of Migrants by Land, Sea and Air

8. TYPES OF TRAFFICKING
• Sexual
exploitation
• Forced labour
• Acting as beggars
• Organ removal
• Pornography
• Forced marriages
In Central Asia, most victims are male and are forced
into labour. Between 2012-2014, there were around
27,000 victims who were trafficked, 90% of whom
were male. There are more female offenders in
Eastern Europe and Central Asia than there are male.
Though 63% of traffickers are male, there is a large
population who are female. Female traffickers are
sometimes victims who are looking for a way out of
their exploitation, and volunteer new females to free
themselves.

10. CRIMINALIZATION OF TRAFFICKING
There has been a significant increase
in the number of countries that have
criminalized trafficking in persons. In
2003, 33 countries recognized
trafficking as a criminal offence. In
2016, this number rose to 158
countries.

11. CASC INITIATIVES
Network of Prosecutors and Central Authorities from Source, Transit
and Destination Countries to Combat Transnational Organized Crime
in Central Asia and Southern Caucasus (CASC)
To address the crime threats to
the region and beyond requires
cooperation at the regional and
inter-regional levels.
International cooperation in
criminal matters is essential for
the prosecution of cross border –
transnational crime, whether to
obtain information/evidence or
to recover the proceeds of crime
through a mutual legal
assistance request, or to secure
the presence of a person from a
different jurisdiction through
extradition.
The Network of Prosecutors and
Central Authorities from Source,
Transit and Destination
Countries to Combat
Transnational Organized Crime
in Central Asia and Southern
Caucasus (CASC) was launched
in 2014 by UNODC to facilitate
judicial cooperation, particularly
with competent authorities
outside the region, to develop
practical tools, and to provide
training and the sharing of

12. LAW ENFORCEMENT EFFORTS TO
COMBAT TRAFFICKING IN PERSONS
• International police agencies, intelligence
organizations and governments should
collaborate together and share information, since
these crimes are mostly, but not only,
transnational
• Law enforcement should also work in partnership
with nonprofit organizations that aim to protect
victims, and support their reintegration in society

13. • Law enforcement should tighten border control, and ensure that the
security check of forms of identity are so thorough that fake papers
cannot be used by smugglers
• Increasing the efficiency of convictions and severity of punishment
against smugglers would make other smugglers less likely to partake in
this offence
• Collaborating with different States and sharing information could allow
greater efficiency in finding and punishing smugglers
• Improving the quality of life in countries where people are migrating
from, so that they do not seek for a better life somewhere else, and
therefore do not fall in the hands of smugglers looking to exploit them
LAW ENFORCEMENT EFFORTS TO
COMBAT SMUGGLING OF MIGRANTS

14. FOR MORE INFORMATION
https://www.unodc.org/unodc/en/human
-
trafficking/prevention.html?ref=menuside