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GCM Commentary: Objective 9: Strengthen the transnational response to smuggling of migrants

Migrant smuggling is defined in the Smuggling Protocol (art.3) as: "The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident".IntroductionObjective 9 of the UN Global Compact for Migration addresses the issue of migrant smuggling. The new objective highlights some important issues, including the need to differentiate between trafficking and smuggling, the need to protect smuggled migrants (including from criminalisation for being subject to smuggling) and the critical role of cooperation in preventing, prosecuting and punishing smuggling. The Final Draft however does not move the needle forward in terms of global implementation of the

Smuggling Protocol

Protocol has 146 Parties and 112 Signatories

Refugee Convention

UNODC Model Law on smuggling

see Jean-Pierre Gauci and Patricia Mallia, 'The Migrant Smuggling Protocol and the Need for a Multi-faceted Approach: Inter-sectionality and Multi-actor Cooperation

JP Gauci, Back to Old Tricks

Elspeth Guild and Tugba Basaran, First Perspectives on the Zero Draft, in EU Migration Law blog


commentary Objective 5

Refugee Law Initiative

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