VISITING EXPERTS’ PAPERS
THE GLOBAL CHALLENGE OF HUMAN TRAFFICKING & SMUGGLING
Farooq Azam*

I. BACKGROUND
Cross-border migration of people has been continuously on the rise, and its proper management is
one of the greatest challenges of this century. Conservative estimates suggest that about 160 million
people were living outside their country of birth in year 2000, compared to 120 million in 1990.
However, cross-border migrants (people living outside their country of origin) as a proportion of world
population have not changed much, increasing from 2.2% in 1965 to 2.8% in 2000.
Although this shows that more than 97% of the people prefer to stay in their home country, theincreasingly large number of international migrants itself is becoming a management challenge formost governments. While more than half of the international migrants (55%) remain within the samegeographical region as their country of origin, about 45% are absorbed by a small number of developed
countries. The trends also show that migrants mainly remain in neighboring countries, or in the same
region. For instance, labor migration from Asian countries, with the exception of China, from 1975 to1994 reveals that less than 10% of the migrants actually went outside the Asian continent (IOM, 2000,
p.6).
Asia has the largest number of international migrants, followed by European and North American
regions. The countries in Africa, Latin America and Oceania have relatively lesser numbers of
migrants. Five major developed countries actually give permanent residence status to about 1.2 million
immigrants annually. The United States officially admits about 800,000 immigrants a year, Canada
200,000, Australia 75,000, Israel 65,000 and New Zealand 35,000 (Martin and Widgren, 20002, p.4).
The East and South East Asia region plays host to some of the largest cross-border people movementsin the world, much of which is irregular in nature.
Normally, the decision to leave one’s country to settle or work in another country is a difficult one.
People generally move for either economic or non-economic reasons. In the economic reasons areincluded the demand-pull and supply-push factors, the former relating to the destination country andthe latter to the country of origin. In addition, the economic migration is facilitated by community
networks that exist both in the destination country and the country of origin. Non-economic factors
include family unification and conditions threatening the safety and lives of people in the origin
countries.
A. Demographic Change and Migration
Profound demographic changes are taking place all over the world that stimulate internationalmigration. Fertility rates are declining, but many developing countries continue to experience highpopulation growth. In developed countries, on the other hand, fertility rates have declined so much thattrends for decline in total population are becoming obvious. This evidently has implications for labour
shortages in developed countries. The United Nations has pointed towards the trend of aging, where
especially countries experiencing significant decline in population growth rate would move towards
having an increasing share of population aged 60 years and above. Worldwide, the population in thisage group is projected to increase from 600 million in late 1990s to around 2 billion in 2050 (United
Nations, 2001). This would mean that for the first time in history there would be more old people in theworld population compared to children. In general, countries in the west are more likely to have older
populations while countries in the east would still have younger populations. In all likelihood,* Chief of Mission / Regional Representative,
International Organization for Migration (IOM),
Bangkok, Thailand

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therefore, such drastic demographic developments would lead to migration between countries on an
increased scale.
The current demographic trends in both Europe and Asia suggest that in all likelihood, Africa will
be a major source of migrants during the current century. In fact, there are already a significant
number of African migrants present in Europe mainly due to the historic links and geographicalproximity, which explain the predominant presence of Algerians in France and of Moroccans in
Mediterranean Europe. The historic ties and community networks would be mainly instrumental inchanneling further immigrants from Africa to Europe in the next few decades, particularly during
2020-2050 when the demand for migrant workers in Europe is likely to rise sharply (Feld, 2000).
According to the Council of Europe, at the beginning of 2000, there were about 21 million “foreigners”(people living outside their country of origin holding a foreign passport) living in Europe including 12.9
million from European countries, 3.4 million from African countries and 1.5 million from Asian
countries. The biggest non-European communities were Moroccan (1.2 million), Algerian (670,000) andAmerican (360,000) (Council of Europe, 2000). This number would increase significantly with theinclusion of immigrants who have acquired the nationality of their country of residence.
B. Feminization of International Migration
According to recent estimates, men constitute 52.5% of the international migrants, women being
47.5%. The proportion of women migrants is 50% in developed countries and 46% in developing
countries. The lowest proportion of female migrants is found in the Middle East. There has, however,been increasing feminization of migration in recent times with more female migrants working as
principle wage earners. According to an estimate, about 1.5 million Asian women were employedoverseas in the mid 1990’s. As women gain greater access to education in developing countries and theirshare of the labour market increases, there will be a decline in fertility. But this would also mean more
women becoming part of the migration flows, not as dependents of male bread-earners-thattraditionally has been the dominant trend, but as migrant workers. For example, the proportion of
female migrant workers in the total number of migrant workers from Sri Lanka abroad rose from 33%
in 1986 to 65% in 1999. In 2000, the proportion of women among migrant workers from Philippines was
70% (Omelaniuk, 2002).
C. Voluntary and Forced Migration
International migration could be classified in to two categories: voluntary migration and forced
migration. The voluntary migration consists of people crossing their national borders in search of
employment or for studies, and family reunification or other personal reasons. The forced migration ischaracterized by people escaping persecution, conflict, natural or created disasters, ecological orenvironmental degradation and other situations endangering their lives, security, freedom or livelihood.
Also included in the forced migration are the trafficking of persons and human smuggling. Although insome cases it is difficult to distinguish between the two types of migration, the categorization isimportant as international instruments and national laws have different provisions to deal with each ofthese types of migration.
The voluntary migration consists of both regular and irregular migrants. In the case of labour
migration, for instance, many labour receiving and labour sending countries have established systems
and procedures to guide and manage the migration process. Other countries experiencing migrationlack such systems. But even in cases where such systems are enforced the regular migration is often
accompanied by irregular or unauthorized migration. Until recently, for instance, Malaysia housed an
estimated 800,000 to one million irregular migrants, mainly from Indonesia and the Philippines. There
are between 1-1.5 million irregular migrants in Thailand, mainly from Myanmar (80%), Lao PDR (10%)
and Cambodia (10%).
II. IRREGULAR MIGRATION : TRAFFICKING AND SMUGGLING OF HUMANS
Two particularly repugnant forms of irregular migration are human smuggling and trafficking inpersons. It is important to distinguish between the two forms, as they have different consequences fromthe point of view of the laws of destination as well as transition and source countries and, therefore, forthe migrants involved themselves. In simple terms, smuggling involves taking migrants to the4122ND INTERNATIONAL TRAINING COURSE
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promised destination for earning profits, and trafficking includes the same operation as smuggling but
is accompanied by subjecting the victims to slavery-like conditions and/or forced prostitution.
Irregular migration, particularly of labour, creates and reinforces the conditions conducive
especially to human smuggling1. The presence of demand factors and the absence or inadequacy of thesystems for regular/legal migration in destination countries lead to the adoption of irregular channels.
As migrants themselves are generally not in a position to thwart the border control arrangements, arole for third parties having this capacity is thus created. As smuggling operations generally involvecrossing more than one border, the groups that undertake such operations tend to be highly organized.
The migrants are charged sizeable sums depending on the destination country and the route involved.
The instances of human smuggling have been growing recently, directed mainly towards Europe,
Australia, the Middle East and the United States. Migrants are smuggled across borders in sealedcontainers and fragile boats, and in many instances lose their life due to the excessive risks involved.
III. THE MAGNITUDE OF THE TRAFFICKING PROBLEM
The trafficking in persons2 mainly involves young women, girls and children who are smuggled
across borders and made to work under extremely exploitative conditions. Due to the secretive nature of
the trafficking phenomenon, it is extremely difficult to provide accurate estimates of the stock and flows
anywhere in the world. The Trafficking in Persons Report (TIP Report) released by the United States
government in June 2002 estimates the number of persons trafficked in 2001 as between 700,000 to 4
million. This of course is a very broad range, and underlines the extreme difficulties in estimating thenumber of victims with any accuracy, given the hidden nature of the criminal operations involved.
Other global estimates of the number of victims trafficked annually range from approximately one tofour million. According to the International Organization for Migration, the number of victims
trafficked both internally and across national borders in 1997 was four million. The United States
government also estimates that about 50,000 women and children are trafficked annually for sexual
exploitation into the United States, which is also used as a transit country by the traffickers.
It is estimated that around 300,000 trafficked women, mostly from East European and Africancountries, are currently working as prostitutes in Western Europe alone. These women are promised
jobs as waitresses etc. but are forced into prostitution once they arrive in Western Europe. They are also
deprived of their passports and other documents and are continuously harassed by the traffickers(Boudreaux, 2001, quoted in Martin and Widgren, 2002).
Estimates suggest that nearly one-third of the global trafficking trade, or about 200,000-225,000
women and children, are trafficked annually from South-East Asia. However, most of this trafficking
occurs within the region itself, about 60%, to major regional cities while 40% takes place to the rest of
the world. Of the 50,000 women and children estimated to be trafficked annually to the United States,
approximately 60 per cent originate from South-East Asia, making this region the most importantsource region in the world for victims of trafficking to the United States.
IV. MAIN CAUSES OF TRAFFICKINGCountries having economically and socially vulnerable communities are greatly susceptible totraffickers. High incidence of poverty and unemployment and an absence of economic opportunities
provide traffickers ideal opportunity to lure the people with promises of employment and higher wages
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The United Nations Convention Against Transnational Organized Crime defines human smuggling as: “the procurement, inorder to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party ofwhich the person is not a national or a permanent resident”.

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The United Nations Convention Against Transnational Organized Crime defines human trafficking as: “the recruitment,
transportation, transfer, harbouring or receipt of persons, by means of the threat or the use of force or other forms of coercion,of abduction, of fraud, of deception, of the abuse of power of position or of a position of vulnerability, or of the giving or receivingof payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation,
forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”.

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in more prosperous countries. In addition, people running away from civil unrest, internal armed
conflict, and natural disasters fall prey to these organized criminal groups. Some social or cultural
practices that assign a low social status of women and girls also contribute to their vulnerability andmake them susceptible to trafficking.
Besides these push factors, strong pull factors including demands for commercial sex and cheap
labour operate in destination countries. These factors are exploited by traffickers for large profits. It isestimated that the trafficking and smuggling operations generate profits of about US$ 7 billion
annually for these organized groups. Unlike the trafficking of drugs, this business in humans is lessrisky as in many countries penalties for this crime are rather mild. In addition, corruption among law
enforcement officials in many countries helps the traffickers to operate without much difficulty.
V. DIMENSIONS OF TRAFFICKING
Trafficking in persons is a multi-dimensional issue. Significantly, it is a migration, labour, criminal,
health and human rights issue and, therefore, needs to be addressed at all these fronts. The
transnational character of trafficking also means that origin, transit and destination countries must
work together to effectively deal with this issue.
A. Trafficking as a Migration Issue
The destination countries usually view the issue of trafficking as the one associated with irregular/
illegal migration. The trafficked victims are treated as illegal migrants that should be quickly deported.
Measures adopted by states include visa restrictions and stricter border controls, and even increased
restrictions on foreigners within the country. Victims of trafficking are thus criminalized and the stateis viewed as the victim, in need to protect itself against such national security threats as illegal
migration.
The origin countries pay little attention to the fate of their citizens working in other countries, andto make the vulnerable communities aware of possible exploitation by organized criminal groups.
B. Trafficking as a Labour Issue
Its seen that lack of employment opportunities and hard working conditions in origin countries candrive people, especially women, to seek work in foreign countries, thereby becoming vulnerable totraffickers. In destination countries, trafficked victims, including children, are made to work under
hard and exploitative conditions and subjected to forced sex work, domestic work and organized
begging. Issues relating to child and forced labour are relevant here.
C. Trafficking as a Criminal Issue
Trafficking as a criminal problem has especially been emphasized due to the involvement oftransnational organized crime that not only abuses and exploits persons, but also undermine national
and international laws and structures. The role of criminal justice system and criminal law, in the fightagainst trafficking, is central here. This entails legislative reforms involving higher penalties and more
stringent laws, training of law enforcement officials, and establishing and strengthening interagency,
regional and international cooperation for the fight against international organized crime.
The effectiveness of a criminal system, however, critically depends on the extent of law enforcement.
Due to corruption the enforcement remains week and the criminal system becomes ineffective at
combating trafficking. Besides, where women are themselves criminalized as illegal migrants or as
workers in, for example, prostitution, they have no incentive to report abuse to the police as they then
may face arrest and expulsion. This problem though has been partly addressed by introducing clausesin the criminal law relating to victim assistance and witness protection.
D. Trafficking as a Human Rights Issue
Women and children, who are the main victims of trafficking, are amongst those who most needtheir human rights protected and promoted. By defining trafficking as a violation of human rights,
states, as the protectors of human rights in their territory and of their citizens, are held responsible for6122ND INTERNATIONAL TRAINING COURSE
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the fight against trafficking. This entails a legal obligation of governments to work towards eliminating
trafficking.
VI. INTERNATIONAL EFFORTS
The enormous scale of trafficking around the globe requires cooperative efforts to solve this problem
and bring relief to its many victims. These efforts need cooperation at bilateral and multilateral levels
among various governments, and also between governments and civil society, including NGOs. It
requires coordination between the relevant government agencies, as well as coordination at a local
level. Destination countries must work with transit and source countries not only to prevent trafficking
but also to help with the reintegration of trafficking victims back into their home societies.
Many international instruments are now available to deal with numerous issues relating totrafficking through international cooperation. These include the UN Protocol to Prevent, Suppress andPunish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention
against Transnational Organized Crime and was adopted by the UN General Assembly in November
2000. Governments that sign and ratify this Protocol make a commitment to criminalize trafficking,protect its many victims, and prevent future trafficking. To date, 105 countries have signed theProtocol.
Two other international instruments including International Labor Organization (ILO) Convention
182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour, and the Protocol to the Convention on the Rights of the Child on Sale of Children, Child
Prostitution and Child Pornography, address the sale of and trafficking in children. The ILO
Convention 182 requires that countries take steps to protect children from the worst forms of childlabor, such as prostitution and pornography, and facilitate their access to free basic education.
Some countries have also introduced minimum standards for cooperation with other countries tocombat trafficking in persons. The United States promulgated such an Act in 2000, which is also linked
to the bilateral cooperation and assistance. The minimum standards and associated regulations underthe Act are given in Appendix A.
A. Regional Cooperation
A number of initiatives exist at the regional level that support efforts at forging regional
cooperation in dealing with various migration issues, including irregular migration of which humansmuggling and trafficking in persons are sub-sets. The main course adopted is to facilitate regional
dialogue processes that have the potential to lead to bilateral or multilateral agreements on migration
management. These regional consultative processes thus complement the deliberations of more formal
and institutionalized bodies including the United Nations and European Union, and regional bodies
such as the ASEAN and SAARC.
Some of the main regional dialogue processes include the following:
1. Bangkok Declaration on Irregular Migration: This declaration was adopted by aministerial conference of 18 countries, held in Bangkok in April 1999, entitled “International
Symposium on Migration: Towards Regional Cooperation on Irregular/Undocumented
Migration”. The participants called for multilateral efforts to combat irregular migration
including trafficking in persons, and to strengthen the national capacities and systems forregular migration. The IOM Regional Mission in Bangkok is entrusted with the follow-up of the
Declaration.
2. Dakar Declaration: The Declaration was adopted by the West African Ministerial Meeting on
the Participation of Migrants in Development, held in October 2000. Twenty-three countries
participated in the meeting. A follow-up process has since been put in place. The Declaration
mainly spells out measures for the protection of migrants and improving benefits of migration
for the origin countries, through the use of remittances and insertion of highly skilled migrants
into the economies of their home countries.

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3. North-South Cooperation on Migration and Development (5+5 Dialogue): A dialogue
was started in 1990, involving 5 countries each of the Arab region and Western Europe, for
identifying and implementing measures to maximize development benefits to the origin
countries.
4. Puebla Process: The Regional Conference on Migration was held in 1996 in Mexico, involving
11 countries of the Latin American region. The conference agreed on measures to deal with
migration issues in the region including irregular migration, human rights of migrants,
trafficking in persons, and migration and development, and technical cooperation between
states to improve management of these issues. The states agreed on a Plan of Action in 1997,
which was reviewed and revised in 2000. The Process has been working well with most of thegoals included in the Plan of Action being achieved.
5. Lima Declaration: A meeting of 11 South American states on Migration, Integration andDevelopment was held in July 1999, leading to the Lima Declaration. The delegates agreed toundertake systematic efforts towards monitoring and analyzing migration issues in the region,in order to find solutions and implement measures that are consistent with the interests of thecountries concerned.
6. Inter-governmental Consultations on Asylum, Refugees and Migration Policies in
Europe, North America and Australia (IGC): This is an informal consultative process
involving 16 countries and 3 concerned bodies including IOM, UNHCR and the European
Union. Created in 1985, the main issues discussed under this process are policy responses to thegrowing number of asylum seekers and to improve asylum application procedures including
minimizing its abuse, and addressing the problem of population displacement. IGC has apermanent Secretariat that was established in 1990.
7. Inter-governmental Asia-Pacific Consultations on Refugees, Displaced Persons andMigrants (APC): This is another informal consultation process involving 31 countries of the
Asia-Pacific region, as well as IOM and UNHCR. Established in 1996, the main purpose of theconsultations is to highlight and develop understanding of issues relating to migrants, refugees
and displaced persons.
8. Bali Process: A Ministerial conference on People Smuggling, Trafficking in Persons andRelated Transnational Crime held in Bali in February 2002, brought together some 53 countries(38 participant countries and 15 observers) and 14 International Agencies to discuss the needfor a multi-lateral approach to address transnational crime. The meeting was jointly sponsoredby Indonesia and Australia. The Conference identified specific areas for intervention andestablished two ad-hoc Working Groups to follow-up its recommendations. These Working
Groups are led by Thailand and New Zealand, focusing on policy, legislation and law
enforcement issues, and on information sharing, secondary movements and regional processes,
respectively. The overall goal of these Working Groups is to yield concrete results in therespective areas, involving the introduction of specific measures nationally and regionally toeffectively address the issues of people smuggling and trafficking in persons. One of the Working
Groups has been instrumental in developing minimum standards for legislative reforms tocombat trafficking and smuggling, as given in Appendix B, against which the state of current
national legislation will be assessed by various governments involved in the process.
REFERENCES
Boudreaux, Richard, “Journey Into Sex Slavery”, Los Angeles Times, August 17, 2001
Council of Europe, “Recent Demographic Developments In Europe”, Council of Europe, Strasbourg,
2000
Derks, Annuska, “Combating Trafficking in South-East Asia: A Review of Policy and Programme
Responses”, International Organization for Migration, Geneva, 2000

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Feld, S., “Active Population Growth and Immigration Hypotheses in Western Europe”, European
Journal of Population”, 16, 2000
International Organization for Migration (IOM), “World Migration Report 2000”, International
Organization for Migration and United Nations, Geneva, 2000
Martin, Susan F., “Global Migration Trends and Asylum”, The Journal of Humanitarian Assistance,
Working Paper No. 41, October 2001 (http://www.jha.ac/articles/u041.htm)
Omelaniuk, Irena, “Why are More Women Migrating?”, IOM News, International Organization for
Migration, Geneva, June 2002
United Nations, “World Population Prospects”, The 2000 Revision, United Nations Population
Division, New York, 2001
United States Government, “Trafficking Victims Protection Act of 2000: Trafficking in Persons
Report”, State Department, Washington DC, June 2000
Wanner, Philippe, “Migration Trends in Europe”, European Population Papers Series No.7, Councilof Europe, Strasbourg, March 2002

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APPENDIX AMINIMUM STANDARDS UNDER THE UNITED STATES GOVERNMENTTRAFFICKING VICTIMS PROTECTION ACT(DIVISION A OF PUBLIC LAW 106-386)
The Act defines “minimum standards for the elimination of trafficking”, which are summarized asfollows:
1) The government should prohibit trafficking and punish acts of trafficking.
2) The government should prescribe punishment commensurate with that for grave crimes, suchas forcible sexual assault, for the knowing commission of trafficking in some of its mostreprehensible forms (trafficking for sexual purposes, trafficking involving rape or kidnapping, or
trafficking that causes a death).
3) For knowing commission of any act of trafficking, the government should prescribe punishmentthat is sufficiently stringent to deter, and that adequately reflects the offense’s heinous nature.
4) The government should make serious and sustained efforts to eliminate trafficking.
The Act also sets out seven criteria that “should be considered” as indicia of the fourth point above,“serious and sustained efforts to eliminate trafficking.” Summarized, they are:1) Whether the government vigorously investigates and prosecutes acts of trafficking within its
territory.
2) Whether the government protects victims of trafficking, encourages victims’ assistance ininvestigation and prosecution, provides victims with legal alternatives to their removal tocountries where they would face retribution or hardship, and ensures that victims are notinappropriately penalized solely for unlawful acts as a direct result of being trafficked.
3) Whether the government has adopted measures, such as public education, to prevent
trafficking.
4) Whether the government cooperates with other governments in investigating and prosecuting
trafficking.
5) Whether the government extradites persons charged with trafficking as it does with otherserious crimes.
6) Whether the government monitors immigration and emigration patterns for evidence oftrafficking, and whether law enforcement agencies respond appropriately to such evidence.
7) Whether the government vigorously investigates and prosecutes public officials who participate
in or facilitate trafficking, and takes all appropriate measures against officials who condone
trafficking.
The Act also states three factors that the Department is to consider in determining whether acountry is making significant efforts to bring itself into compliance with these minimum standards.
Summarized, these considerations are: 1) the extent of trafficking in the country; 2) the extent ofgovernmental noncompliance with the minimum standards, particularly the extent to whichgovernment officials have participated in, facilitated, condoned, or are otherwise complicit intrafficking; and 3) what measures are reasonable to bring the government into compliance with theminimum standards in light of the government’s resources and capabilities.

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The Tiers
Tier 1
The governments of countries in Tier 1 fully comply with the Act’s minimum standards. Suchgovernments criminalize and have successfully prosecuted trafficking, and have provided a wide rangeof protective services to victims. Victims are not jailed or otherwise punished solely as a result of being
trafficked, and they are not summarily returned to a country where they may face hardship as a resultof being trafficked. In addition, these governments sponsor or coordinate prevention campaigns aimed
at stemming the flow of trafficking.
Tier 2
The governments of countries in Tier 2 do not yet fully comply with the Act’s minimum standards
but are making significant efforts to bring themselves into compliance with those standards. Some arestrong in the prosecution of traffickers, but provide little or no assistance to victims. Others work to
assist victims and punish traffickers, but have not yet taken any significant steps to prevent trafficking.
Some governments are only beginning to address trafficking, but nonetheless have already taken
significant steps towards the eradication of trafficking.
Tier 3
The governments of countries in Tier 3 do not fully comply with the minimum standards and are
not making significant efforts to bring themselves into compliance. Some of these governments refuse
to acknowledge the trafficking problem within their territory. On a more positive note, several othergovernments in this category are beginning to take concrete steps to combat trafficking. While thesesteps do not yet reach the appropriate level of significance, many of these governments are on the path
to placement on Tier 2.
Penalties
According to the Act, beginning with the 2003 report, countries in Tier 3 will be subject to certain
sanctions, principally termination of non-humanitarian, non-trade-related assistance. Consistent with
the Act, such countries would also face U.S. opposition to assistance (except for humanitarian, traderelated, and certain development-related assistance) from international financial institutions,specifically the International Monetary Fund and multilateral development banks such as the World
Bank. All or part of the bilateral and multilateral assistance sanctions may be waived upon adetermination by the President that the provision of such assistance to the country would promote thepurposes of the Act or is otherwise in the national interest of the United States. The Act provides that
the President shall waive those sanctions when necessary to avoid significant adverse effects onvulnerable populations, including women and children.

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APPENDIX BPROPOSED ISSUES FOR CONSIDERATION BY THE LEGISLATION DEVELOPMENT
WORKSHOP
Expert Group II - Planning Meeting, Bangkok, 13-14 June 2002
TRAFFICKING
1. Legislation
Is there specific legislation dealing with trafficking in persons?
2. Definition
What is the legal definition of trafficking in persons in any of your country’s legislation?
Does the definition cover trafficking in all persons, or only trafficking in certain categories of
persons (for example women or children)?
3. Criminalization
Is trafficking in persons criminalised in your country?
What types of trafficking-related acts are criminalised in your country’s legislation i.e. including
conspiracy, attempt, aiding, abetting, being involved in the business of, harbouring, corruption of public
officials etc.?
Is trafficking a crime if the acts take place outside your country (does the legislation haveextraterritorial application)?
Does your legislation address the procurement, production or use of fraudulent documents inrelation to trafficking in persons?
Is the trafficking in persons considered “organised crime” under your legislation?
What is the penalty applicable to the crime of trafficking in persons and how does this compare withpenalties applicable to other crimes?
Does the legislation define the responsibility of commercial carriers of trafficked persons?
SMUGGLING OF MIGRANTS
4. Legislation
Is there specific legislation dealing with smuggling of migrants?
5. Definition
What is the legal definition of smuggling of migrants?
6. Criminalization
Is smuggling of migrants into your country a crime in your country?
Is smuggling of migrants into a third country a crime in your country?

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What types of smuggling of migrants related acts are criminalized in your country’s legislation i.e.
including conspiracy, attempt, aiding, abetting, being involved in the business of, harbouring,corruption of public officials etc.?
Does your legislation address the procurement, production or use of fraudulent documents inrelation to migrant smuggling?
Is the smuggling of migrants a crime if the acts take place outside your country (does the legislation
have extraterritorial application)?
Is the smuggling of migrants considered “organised crime” under your legislation?
What is the penalty applicable to the crime of smuggling of migrants and how does this comparewith penalties applicable to other crimes?
Does the legislation define the responsibility of commercial carriers of smuggled migrants?
Does your country’s legislation make a distinction between smuggling of migrants for profit and not
for profit?
INVESTIGATION AND COOPERATION
7. Confiscation
Does your legislation provide for the confiscation of the proceeds of trafficking and smuggling?
Does your legislation provide for the confiscation of vessels and other tools used in trafficking andsmuggling, including vessels used to transport trafficked or smuggled persons once they are within yourcountry?
Does your country have money-laundering legislation that applies to proceeds of trafficking andsmuggling?
8. Extradition
Does your country have a specific extradition act?
Does your country extradite offenders of trafficking related offences?
Does your country extradite offenders of smuggling related offences?
Does your country need a treaty as a basis for extradition?
Does your law prohibit extraditing your own nationals?
Are there any barriers to extradition for trafficking or smuggling in your country?
9. Mutual Legal Assistance (MLA)
Does your country have a specific act for mutual legal assistance?
Does your country need a treaty-level agreement as the basis for MLA?
Does your country require dual-criminality for providing MLA?
Does your country provide MLA in trafficking cases?

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Does your country provide MLA in smuggling cases?
Are there any barriers to your country providing MLA in trafficking or smuggling cases?
10. Cooperation
What types of law enforcement cooperation can be provided to or requested from other countries?
Does your country’s legislation provide for sharing of information on traffickers and smugglers and/or the methods and routes used by traffickers and smugglers, and with which countries does yourcountry have information sharing arrangements?
11. Special Investigation
Does your country’s legislation allow wiretapping, electronic surveillance or other special
investigative techniques for trafficking and smuggling related offences and for its use in legal
proceedings?
DEALING WITH TRAFFICKED AND SMUGGLED PERSONS
12. Assistance to Trafficked and Smuggled Persons
Does your legislation provide protection for trafficked or smuggled persons?
Does your legislation provide for assistance to be given to the trafficked or smuggled persons?
Does your legislation provide for special assistance to women or children who have been trafficked?
Does your country’s legislation allow trafficked or smuggled persons to remain in your country
temporarily during criminal investigations and proceedings?
Are trafficked or smuggled persons prosecuted on charges of prostitution, other criminal activities
or illegal entry?
13. Repatriation
Does your country’s legislation provide for the safe repatriation of trafficked or smuggled persons?
Does your country’s legislation provide for the acceptance without undue delay and with due regard
to the safety of trafficked or smuggled persons?
14. Prevention
Does your legislation prescribe activities for the prevention of trafficking and smuggling?
Does your country have a national plan of action to prevent trafficking of persons (including womenand children) or smuggling of migrants?
FOLLOW-UP SCHEDULE
Noting that this process is voluntary, and in preparation for the proposed workshop in September:• Countries that wish to may comment on the above material and questions, preferably by the endof June• Countries that wish to may circulate responses to the questions, preferably by the end of July

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VISITING EXPERTS’ PAPERS• Countries may suggest elements that need to be considered in relation to a definition of migrantsmuggling and people trafficking. Countries that wish to may circulate these proposals,preferably by the end of July.

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