TEXT: English
French
Key Provisions
As is the case with the Protocol on Trafficking in Persons, Convention
provisions apply mutatis mutandis to this Protocol unless otherwise stated
in the Protocol.
The Protocol applies to the prevention, investigation and prosecution of
the smuggling of migrants as well as to the protection of the rights of
persons who have been the object of such offences.
States Parties to the Protocol are required to criminalize the basic smuggling
of migrants and other forms of activity that support such smuggling.
The Protocol specifies that migrants should not become liable for having
been smuggled.
Specific provisions for smuggling by sea are included because of the seriousness
and volume of the problem.
Under
one such provision, States Parties are requested to cooperate to prevent
smuggling of migrants by sea and to take necessary measures when it is
suspected that a vessel is engaging in the smuggling of migrants.
States
may board and search vessels believed to be of their own registry.
States Parties to the Protocol are also required to strengthen border measures
and oblige commercial carriers of passengers to check the travel documents
of those passengers.
Another important element of the Protocol is the States’ cooperation in
the field of public information.
States
are required to cooperate with each other to raise awareness of the dangers
of smuggling to the migrants involved and to raise general awareness of
the growing involvement of organized criminal groups.
The return of smuggled migrants to their countries of origin is foreseen.
The
State of origin is required to accept repatriation when the migrants in
question have a right of residence in that State at the time of the return.
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Open
for signature (until 12 December 2002) by all States and by regional economic
integration organizations provided that at least one member State of such
organization has signed the Convention.
Subject
to ratification, acceptance or approval. Open for accession by any State
or any regional economic integration organization of which at least one
member State is a Party
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Entry
into force:
Not yet in force
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Status
as at 15 June 2001:
Signatories:
83
Contracting Parties: 1 |