Migration policy framework for Africa and plan of action (2018 – 2030)
5. Irregular
migration
5.1 Migrant smuggling
A growing proportion of migrants are
moving irregularly, due to a number of
factors, including the need for international
protection and increased barriers to regular
migration. Migrant smuggling is closely tied
to other forms of international organised
crime, including human trafficking, and can
adversely affect national and international
stability and security. However, migrants
who resort to smugglers are often
extremely vulnerable – they pay large
sums of money to undertake perilous
voyages in order to seek protection or a
better life, and are sometimes trafficked
in the process. Consequently, government
responses and policies to smuggling should
at all stages take account of migrants’
human rights, and to the extent possible,
seek to respond to the motivations
behind this form of irregular migration.
Moreover, there is an urgent need to
look at the interlinkages between various
forms of transnational organised crime,
especially smuggling of migrants and
human trafficking, with other forms of
transnational organised crime, terrorism
and corruption. Across Africa, the networks
engaged in organised crime change their
modus operandi fairly easily in order to
increase their profits, and in certain areas,
routes used by smugglers and traffickers
cross through areas controlled by extremist
groups/groups engaged in terrorism.
Regional approaches and strengthening
regional capacities are needed to respond
to quickly changing circumstances and
routes and modus operandi of smuggling
and trafficking networks. Efforts purely
concentrated on current smuggling hubs
can divert the routes to other areas and
change the routes to be more dangerous
to migrants. There is also a need to
enhance regional and international
collaboration between countries in Africa
and Europe – both informal and formal
collaboration (joint investigations, changing
of operational information, mutual legal
assistance, extradition etc.) including
through existing regional networks of law
enforcement and magistrates, such as the
Network of West African Central Authorities
and Prosecutors against Organized Crime.
Recommended strategies
i.
Strengthen the Legal Framework:
zz Ratify the Protocol Against the Smuggling of Migrants by Land, Sea and Air,
Supplementing the United Nations Convention against Transnational Organized
Crime, 2000 and incorporate its provisions into domestic law.
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