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Special issue/Edited Collection on: The impact of law enforcement operations to counter the smuggling of migrants on patterns of local development and mobility

UN Network on Migration, Workstream “Ensuring migrant protection through strengthened responses to migrant smuggling and increased coordination on its linkages with trafficking in persons” 

The UN Network on Migration Workstream “Ensuring migrant protection through strengthened responses to migrant smuggling and increased coordination on its linkages with trafficking in persons” was established to support implementation of countermeasures against migrant smuggling, including where it intersects with trafficking in persons, under the framework of the Global Compact on Migration.

In recent years, the necessity of prioritizing migrant rights while combating migrant smuggling has become increasingly apparent. Emerging research has shown that there is an ongoing challenge at identifying and arresting actual members of smuggling criminal networks.   Data also suggests around the world growing numbers of those facilitating smuggling are young people and children,[1] and that the number of women prosecuted for smuggling –often for supporting the migration of their loved ones –is increasing.[2]

Conversely although it is widely recognized that migrants, especially those in transit, are often subjected to abuses, very few cases of aggravated smuggling[3] –those where migrants’ lives and safety are endangered, or which entail inhuman or degrading treatment -- are prosecuted. 

There is also the recurring issue of criminalization of families, religious groups and charities for their role in supporting smuggled migrants to reach their destinations, even where they have no intention of obtaining a financial or other material benefit.

In addition, data and research have also shown some unintended consequences of counter-smuggling measures on development in local communities who are reliant on the informality of cross-border systems for their income.[4]  

These are some of the issues necessitating deeper reflection on human-rights based policy alternatives in countering migrant smugglers in a criminal justice context. With this in mind, the Workstream invites submissions for a Special Issue/Edited Collection focusing on the impact of counter-smuggling activities broadly considered. Interested contributors may submit a 300-word abstract that clearly outlines the scope, methodology, and findings of the proposed article. Please include keywords relevant to your submission.

Some themes to consider include:

1. Rights-Based Approaches: Exploring initiatives promoting a rights-based approach to counter-smuggling of migrants, with emphasis on migrants' agency, vulnerabilities, and needs within local contexts.

2. Innovative Perspectives: Integration of innovative perspectives that consider migrants' views into counter-smuggling of migrants discourses.

3. Challenges in Law Enforcement: challenges in the identification and prosecution of people involved in migrant smuggling, with a focus on real-life case studies and emerging research findings.

4. Access to Justice: Examination of the obstacles migrants face in accessing justice for violations committed against them during the smuggling process, along with recommendations for improvement.

5. Criminalization of Solidarity and Humanitarian Assistance: Analysis of the criminalization of individuals and groups providing humanitarian assistance to smuggled migrants, and its impact on migration dynamics and human rights.

6. Unintended Consequences: Exploration of unintended consequences of strong counter-smuggling measures on local development, economic activity, and migrant communities.

 

[3] Article 6(3)(a) and (b) of the Protocol requires the following circumstances to be considered circumstances of aggravation: circumstances that endanger, or are likely to endanger, the lives and safety of the migrants concerned; and circumstances that the entail inhuman or degrading treatment, including for exploitation, of such migrants.

Outcomes

Selected contributions will part of invited to submit a 2000 – 3000 word article to be included in a Special Issue/Edited Collection[gs1]  by the UN Migration Network, addressing various aspects of counter-smuggling and its impacts. Contributors are encouraged to use gender perspectives and intersectional approaches. Submissions should align with the aims and scope of the Special Issue/Edited Collection and contribute to the advancement of knowledge in this field. Individuals and/or entities currently underrepresented in ongoing debates on smuggling and counter-smuggling are specially encouraged to apply.

Submission

Please submit a 200-300 word abstract to unmignet@iom.int, Samantha Munodawafa at samantha.munodawafa@un.org and Rita Deliperi at rdeliperi@iom.int by June 30, 2024. Participants will be notified of their acceptance by July 31, 2024. Selected authors will be invited to join an online workshop taking place in Summer 2024 (date TBD). Final papers are due on October 15, 2024. In the meanwhile, questions can be addressed to the organizers, Samantha Munodawafa of the UN Office on Drugs and Crime (samantha.munodawafa@un.org), Rita Deliperi at the International Organization for Migration (rdeliperi@iom.int).

Disclaimer

While this topic engages issues relating to the Global Compact on Refugees that are beyond the scope of the GCM, the UN Network on Migration can catalyse efforts to advance the GCM objectives in such mixed flows, with UNHCR coordinating refugee-related engagements.

*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).