NCJ Number
188250
Date Published
July 2000
Length
23 pages
Annotation
This paper offers an overview of the revised draft Protocol (legal instrument) against the illegal trafficking in and transporting of migrants for the United Nations Convention Against Transnational Organized Crime.
Abstract
The paper provided the revised draft protocol (legal instrument), under item four of the provisional agenda, against the smuggling of migrants by land, air, and sea, supplementing the United Nations Convention Against Transnational Organized Crime, presented in four sections containing 22 articles. Section 1, General Provisions Relating to the Smuggling of Migrants by Land, Sea and Air includes Articles 1-6. These articles focused on the relation to the United Nations Convention Against Transnational Organized Crime; the application of the United Nations Convention Against Transnational Organized Crime; definitions of specific terms, purposes of the Protocol, and criminal liability of migrants; criminalization; scope of the Protocol or application; and establishment of jurisdiction. Section 2, The Smuggling of Migrants by Sea includes Article 7 focusing on the cooperation and mutual assistance in accordance with the international law of the sea, measures against the smuggling of migrants by sea, and safeguard clauses. Section 3, Cooperation, Prevention, and Other Measures includes Articles 7-15. The articles focused on measures for the protection of migrants; compliance of obligations and operational arrangements; other legislative and administrative measures against smuggling of migrants by land, air, or sea; information programs; prevention measures; security and control of documents; legitimacy and validity of documents; specialized training for immigration officials; the return of smuggled migrants; and the saving clause. Section 4, Final Provisions is the final section, includes Articles 16-22. The articles focused on the implementation of obligations undertaken in the Protocol; the settlement of disputes; the signature, ratification, acceptance, approval and accession; Protocol implementation; amendment proposal timeframe; denunciation of the Protocol; and the depository and language of the Protocol.