Countering migrant smuggling is identified as a priority in the decisions of the Council of Europe Heads of State and Government at their 4th Summit held in Reykjavik on 16-17 May 2023. The European leaders stated in the Reykjavík Declaration:
“We recall the increasing challenges of migration and the necessity to fight against trafficking and smuggling of migrants. We commit to intensifying efforts to foster and improve international co-operation in this regard, while continuing to protect the victims and respect the human rights of migrants and refugees, as well as supporting frontline States, within the existing Council of Europe frameworks”
The Conference took place on 10 and 11 September 2024 in Strasbourg under the auspices of the European Committee on Crime Problems (CDPC), in collaboration with the Office of the Special Representative on Migration and Refugees.
The aim of the Conference was to foster enhanced international cooperation, discuss the effectiveness of the existing legal frameworks and any possible gaps, share best practices, and explore comprehensive measures needed for effectively countering migrant smuggling. These measures aim to prosecute smugglers while protecting the rights and dignity of migrants and avoiding the criminalisation of humanitarian assistance.
The topics included:
International cooperation: Essential for combating a crime that is transnational by nature. Cooperation between Council of Europe member states, as well as between these states and third countries where most migratory flows originate, still needs to be reinforced.
Legal frameworks: Both international and national legal frameworks related to migrant smuggling may need to be clarified, enhanced, or completed. This pertains to the criminalization of offenses as well as the protection of victims of smuggling and those who assist them.
Investigation and prosecution of migrant smuggling: These may include a lack of clarity regarding criminalization, aggravations, and penalties related to this offense.
Participants also examined:
- Protection of victims: This includes considerations for vulnerable persons, the gender dimension, and the rights of witnesses and collaborators of justice.
- Addressing new criminal techniques: This involves the use of modern technologies and financial tools to facilitate migrant smuggling.
- Links between migrant smuggling and other crimes: These include money laundering, corruption, child labor, sexual slavery, human trafficking, drug trafficking, etc. The Council of Europe's monitoring processes, notably GRECO and MONEYVAL, are important assets in this endeavor.Furthermore, as migrant smuggling increasingly occurs online, E-evidence and investigative capabilities are needed to tackle it. The Council of Europe's cybercrime instruments and cooperation forums can be very relevant in this respect.
Speech by Council of Europe Secretary General Marija Pejčinović Burić - 2nd International Conference on Migrant Smuggling, Strasbourg, 10 September 2024
Presentations
Session I
Slawomira Dewitz, German Federal Ministry of Interior and for Community
Session II
Fezile Osum, Legal Coordinator, Border Violence Monitoring Network (BVMN)
Lilian Obiye, Africa Regional Manager, International Detention Coalition (IDC)
Session III
Badie Jaziri, Policy Officer, Ministry of Justice, Tunisia
Ali El Khatib, Magistrate, Ministry of Justice, Lebanon
Sanâa Kiadi, Senior Officer, African Migration Observatory – African Union, Morocco
Session IV
Calogero Ferrara, European Delegated Prosecutor at EPPO, Council of Europe consultant
Session V