Understanding the Smuggling of Migrants Protocol
There is widespread agreement among Bali Process Member States of the need to cooperate against people smuggling. At the 2016 Ministerial Conference of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, Ministers declared deep concern about the transnational criminal enterprises who profit from these crimes and encouraged Members to effectively criminalize people smuggling in accordance with relevant international law and regional instruments.
However, not all are party to the international instrument that sets out a framework for this cooperation; the Smuggling of Migrants Protocol by Land, Sea and Air (Smuggling Protocol) supplementing the United Nations Transnational Organized Crime Convention (UNTOC). Indeed only half (22 of the 45 Bali Process Member States) are party to the Smuggling Protocol, though almost all are party to the UNTOC.
This publication is offered to legislators, policy makers and criminal justice practitioners in Bali Process Member States and beyond, to strengthen their understanding of the prosecution, prevention, protection and cooperation obligations set out in the Smuggling Protocol, regardless of whether they are party to that instrument or not.