Protocol against the Smuggling of Migrants by Land, Sea
 and Air, supplementing the United Nations Convention
 against Transnational Organized Crime
   (New York, 15 November 2000) 

Objectives

        This Protocol aims at preventing and combating smuggling, promoting cooperation among States Parties and protecting the rights of smuggled migrants. As in the Convention against Transnational Organized Crime and the Protocol on Trafficking in Persons, many provisions are intended to ensure that the approaches taken by Member States under their domestic legislative and law-enforcement regimes are as coordinated as possible to make collective international measures both efficient and effective. 


Key Provisions 

        As is the case with the Protocol on Trafficking in Persons, provisions of the Convention against Transnational Organized Crime 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.


Entry into Force

        The Protocol is not yet in force. It shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the United Nations Convention against Transnational Organized Crime, 2000.  For this purpose, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.


How to Become a Party

        The Protocol is 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 Protocol.  The Protocol is subject to ratification, acceptance or approval. The Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party. In order to become a Party to the Protocol, a State or a regional economic integration organization must also be a Party to the United Nations Convention against Transnational Organized Crime, 2000.


Optional and/or Mandatory Declarations

        A regional economic integration organization shall declare the extent of its competence with respect to matters governed by the Protocol.


Reservations

        States may declare that they do not consider themselves bound by article 20.2, according to which disputes among States Parties relating to the interpretation or application of the Protocol, which are not settled by negotiation will be submitted to arbitration and, failing agreement on the organization of the arbitration six months after the date of the request for arbitration, to the International Court of Justice.


withdrawal/Denunciation

        A State Party may denounce the Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
        A regional economic integration organization shall cease to be a Party to the Protocol when all of its member States have denounced it.
        Denunciation of the United Nations Convention against Transnational Organized Crime, 2000, entails also the denunciation of the Protocol.   


View the text:        English   French