UNODC Organized Crime Branch

Human Trafficking and Migrant Smuggling Section

Global Programme against the Smuggling of Migrants

PROJECT PROPOSAL FOR 2013 TURKEY FUNDING

TO ENHANCE STATES IMPLEMENTATION OF THE SMUGGLING OF MIGRANTS
PROTOCOL IN REGARD TO THE PROTECTION OF THE RIGHTS OF SMUGGLED
MIGRANTS

1. BACKGROUND: GLOBAL PROGRAMME AGAINST THE SMUGGLING OF MIGRANTS

In 2010, UNODC launched the Global Programme against the Smuggling of Migrants (GLOT92)
to support Member States and the international community to take action to prevent and combat
smuggling of migrants. As such, the programme supports Member States in the effective
implementation of the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime.
This Programme falls under Sub-Programme 3 of UNODC Thematic Programme on Action
against Transnational Organized Crime and Illicit Trafficking, including Drug Trafficking (20112013). The Global Programme gives practical application to the Thematic Programme,
developing global solutions to critical challenges and both supporting and delivering direct
technical assistance, in close consultation and coordination with the regional offices. It is
implemented by the Human Trafficking and Migrant Smuggling Section in the Organized Crime
Branch, created as a result of the adoption of UNODC Comprehensive Strategy to Combat
Trafficking in Persons and Smuggling of Migrants.
The programme has the following aims:
Prevention and awareness raising
Data collection and research
Legislative assistance
Strategic planning and policy development
Criminal justice system response
Protection and assistance
Regional and international cooperation
A core function of the programme is the development of practical tools for criminal justice actors,
including law enforcement, assistance providers, prosecutors, judges, policy makers and
administrators. While these tools are first developed to reflect international standards and for
global use, they are then piloted, adapted and tailored to local needs of governments,
practitioners, and service providers, and put into operational use.

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Summary of the Programmes main achievements especially with regard to protecting the rights
of smuggled migrants
Since the inception of the programme, a set of training tools have been developed to support
capacity building of criminal justice practitioners: In-Depth Training Manual to Investigate and
Prosecute the Smuggling of Migrants and Ways and Means, a training film for law enforcement. 1
The Basic and the In-depth Training Manuals were adapted and pilot tested to the needs of
Central America authorities. Train the trainers workshops have been carried out in Ghana and
Trainers Notes are under development. A pilot training workshop was carried out on the links
between the smuggling of migrants and money laundering in Cameroon and another pilot training
regional workshop was held in East Africa on the role of corruption in the smuggling of migrants.
To assist States fully implement the Protocol, UNODC has published a Model Law2 and an
International Framework for Action. An Assessment Guide to the Criminal Justice System
Response to the Smuggling of Migrants, currently under development, will assist in identifying
the needs for technical assistance.
All these tools are available on line 3. The full 2010 and 2011 Annual Progress Reports for the
programme are available on line (Profi Business Intelligence Portal).
On several occasions in 2012, States expressed their concerns regarding the protection of the
rights of migrants in general, and of smuggled migrants in particular:
- The Crime Prevention and Criminal Justice Commission recommended to the Economic
and Social Council the approval of a Draft Resolution on Promoting efforts to eliminate
violence against migrants, migrant workers and their families for adoption by the General
Assembly (E/2012/30 - E/CN.15/2012/24).
- The open-ended intergovernmental interim Working Group on the smuggling of migrants
adopted a set of ten resolutions on protection and assistance for smuggled migrants
(CTOC/COP/WG.7/2012/6)
- The Conference of the Parties adopted Resolution CTOC/COP/2012/L.6/Rev.2
Implementation of the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime
which specifically refers to States Parties duty to protect the rights of the smuggled
migrants:
3. Urges States parties to adopt and implement appropriate measures, including
legislation, if necessary, to protect smuggled migrants from violence, discrimination,
torture or other cruel, inhuman and degrading treatment or punishment, as well as the
violation of their rights, and to provide smuggled migrants who have been victims of
violent crimes with effective access to justice and legal assistance; ()
11. Invites States parties to exchange their views and to share information and good
practices on the measures taken to protect the human rights of smuggled migrants
To assist States respect the protection component of the Protocol, UNODC International
Framework for Action to Implement the Smuggling of Migrants Protocol 4 contains a table
detailing mandatory and optional measures States should take to protect the rights of smuggled
1

Both tools were developed thanks to European Union funding

Developed under another programme
3
http://www.unodc.org/unodc/en/human-trafficking/publications.html?ref=menuside
2

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migrants. UNODC Training Manuals on Investigating and Prosecuting the Smuggling of

Migrants also contain dedicated modules such as Module 6: Protection and Assistance Issues of
the In-Depth Training Manual.
In addition, partnerships that UNODC has developed with other agencies such as UNHCR, IOM
or the International Federation of the Red Cross are particularly relevant to ensuring a
comprehensive approach in the assistance to States for the protection of persons who are
smuggled.
Turkey financial contribution to the Global Programme
In 2008, Turkey provided a contribution of US$ 50,000 in support of UNODC technical
assistance under the Global Programme against the Smuggling of Migrants which was directed
towards the development of the International Framework for Action to Implement the Smuggling
of Migrants Protocol.
2. OVERVIEW OF THE PROJECT PROPOSAL TO TURKEY
This proposal aims to strengthen the protection component of UNODC Training Manuals to
Investigate and Prosecute the Smuggling of Migrants in order to better equip criminal justice
practitioners, especially front line officers, to identify and act upon protection and assistance
needs of smuggled migrants
Activity 1: Development of a comprehensive and practical case study on the protection of the
rights of migrants for training purposes
Background
UNODC uses the Module on Protection and Assistance Issues of the In-Depth Training Manual
to Investigate and Prosecute the Smuggling of Migrants 5 as well as the Module on Human Rights6
of the Basic Training Manual to raise awareness of criminal justice practitioners and enhance
their capacity to protect the rights of smuggled migrants. In particular, these modules provide a
basis to :
- recognize the mandatory obligations to protect and assist smuggled migrants
- understand the role of criminal justice practitioners in providing protection and assistance
to smuggled migrants
- discuss key considerations relevant to protecting life and safety at sea
- discuss key considerations relevant to the special needs of women and children in the
context of protecting and assisting smuggled migrants
- understand protection and assistance implications for a smuggled migrant who is a victim
and/or a witness of crime
4

http://www.unodc.org/documents/human-trafficking/MigrantSmuggling/Framework_for_Action_Smuggling_of_Migrants.pdf
5
http://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/InDepth_Training_Manual_SOM_en_wide_use.pdf
6
www.unodc.org/documents/human-trafficking/Basic_Training_Manual_e-book_E_Module_9_1054402_June_2010.pdf
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describe some measures that can be used to protect persons who are witnesses to migrant
smuggling
understand the principle of non-refoulement and referral mechanisms in the context of
protecting and assisting smuggled migrants

Activity
UNODC aims to develop a comprehensive case study to give a practical angle to the training on
protection and assistance. The case study will depict a situation in which mixed migration flows
are encountered by the criminal justice practitioners in a smuggling venture. It will allow trainees
to identify needs for immediate assistance among the migrants, detect the various protection
needs and suggest appropriate action or referral. The case study would leave room for simulation
exercises, including role plays and interviewing techniques.
The case study will incorporate approaches by partner agencies which would be encouraged to
join in the training session so as to cover all aspects of protection of smuggled migrants, which
ever protection needs (as asylum seeker, refugee, vulnerable person, victim of crime, etc) they
may have.
Activity 2: A national-level capacity building workshop to pilot-test the Case Study and train
relevant officials on the protection of the rights of migrants (beneficiary country to be
determined)
Target group
Twenty criminal justice practitioners, especially front line officers among police, border guards,
immigration agents and customs officers in one country.
Activity
The Case Study on identifying and acting upon protection and assistance needs of smuggled
migrants in mixed migration flows would be pilot tested in a three-day national training
workshop to build the capacity of criminal justice practitioners, including front line officers. The
training workshop would examine the elements of the crime of smuggling of migrants, address
how organized crime groups may be involved in the commission of the crime, present some
investigative techniques and dedicate a full day to the detection of instances of smuggling of
migrants, debriefing of migrants, identification of their needs for protection and assistance and
referral mechanisms.
Modality
The Case study would be tailored for the country where the workshop will take place and will be
later amended, if needed, on the basis of feedback received from trainees and other stakeholders.
The format of the workshop will encourage interaction and actively engage trainees through
hands-on activities such as role plays and simulation exercises.
Civil society and other international organisations will be involved for the component on
protection and assistance in order to create or strengthen partnership between the criminal justice
authorities and civil society actors for the protection of migrants.
3. ANNEXES
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- Budget

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