UNODC Organized Crime BranchHuman Trafficking and Migrant Smuggling Section

Global Programme against the Smuggling of Migrants

PROJECT PROPOSAL FOR 2013 TURKEY FUNDING TO ENHANCE STATES IMPLEMENTATION OF THE SMUGGLING OF MIGRANTS PROTOCOL IN REGARD TO THE PROTECTION OF THE RIGHTS OF SMUGGLED

MIGRANTS

1. BACKGROUND: “GLOBAL PROGRAMME AGAINST THE SMUGGLING OF MIGRANTS”

In 2010, UNODC launched the Global Programme against the Smuggling of Migrants (GLOT92) to support Member States and the international community to take action to prevent and combat smuggling of migrants. As such, the programme supports Member States in the effective implementation of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime.

This Programme falls under Sub-Programme 3 of UNODC Thematic Programme on Action against Transnational Organized Crime and Illicit Trafficking, including Drug Trafficking (2011-2013). The Global Programme gives practical application to the Thematic Programme, developing global solutions to critical challenges and both supporting and delivering direct technical assistance, in close consultation and coordination with the regional offices. It is implemented by the Human Trafficking and Migrant Smuggling Section in the Organized Crime Branch, created as a result of the adoption of UNODC Comprehensive Strategy to Combat Trafficking in Persons and Smuggling of Migrants.

The programme has the following aims: Prevention and awareness raising Data collection and research Legislative assistance Strategic planning and policy development Criminal justice system response Protection and assistance Regional and international cooperation

A core function of the programme is the development of practical tools for criminal justice actors, including law enforcement, assistance providers, prosecutors, judges, policy makers and administrators. While these tools are first developed to reflect international standards and for global use, they are then piloted, adapted and tailored to local needs of governments, practitioners, and service providers, and put into operational use.

Summary of the Programme’s main achievements especially with regard to protecting the rights of smuggled migrants

Turley Proposal HTMSS Page 1 of 4 Morgane NICOT29 November 2012

Since the inception of the programme, a set of training tools have been developed to support capacity building of criminal justice practitioners: In-Depth Training Manual to Investigate and Prosecute the Smuggling of Migrants and Ways and Means, a training film for law enforcement.1

The Basic and the In-depth Training Manuals were adapted and pilot tested to the needs of Central America authorities. Train the trainers workshops have been carried out in Ghana and Trainers Notes are under development. A pilot training workshop was carried out on the links between the smuggling of migrants and money laundering in Cameroon and another pilot training regional workshop was held in East Africa on the role of corruption in the smuggling of migrants.

To assist States fully implement the Protocol, UNODC has published a Model Law2 and an International Framework for Action. An Assessment Guide to the Criminal Justice System Response to the Smuggling of Migrants, currently under development, will assist in identifying the needs for technical assistance.

All these tools are available on line3. The full 2010 and 2011 Annual Progress Reports for the programme are available on line (Profi Business Intelligence Portal).

On several occasions in 2012, States expressed their concerns regarding the protection of the rights of migrants in general, and of smuggled migrants in particular:

- The Crime Prevention and Criminal Justice Commission recommended to the Economic and Social Council the approval of a Draft Resolution on Promoting efforts to eliminate violence against migrants, migrant workers and their families for adoption by the General Assembly (E/2012/30 - E/CN.15/2012/24).

- The open-ended intergovernmental interim Working Group on the smuggling of migrants adopted a set of ten resolutions on protection and assistance for smuggled migrants (CTOC/COP/WG.7/2012/6)

- The Conference of the Parties adopted Resolution CTOC/COP/2012/L.6/Rev.2 Implementation of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime which specifically refers to States Parties duty to protect the rights of the smuggled migrants:“3. Urges States parties to adopt and implement appropriate measures, including legislation, if necessary, to protect smuggled migrants from violence, discrimination, torture or other cruel, inhuman and degrading treatment or punishment, as well as the violation of their rights, and to provide smuggled migrants who have been victims of violent crimes with effective access to justice and legal assistance; (…)11. Invites States parties to exchange their views and to share information and good practices on the measures taken to protect the human rights of smuggled migrants”

To assist States respect the protection component of the Protocol, UNODC International Framework for Action to Implement the Smuggling of Migrants Protocol4 contains a table detailing mandatory and optional measures States should take to protect the rights of smuggled

1 Both tools were developed thanks to European Union funding2 Developed under another programme3 http://www.unodc.org/unodc/en/human-trafficking/publications.html?ref=menuside 4 http://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Framework_for_Action_Smuggling_of_Migrants.pdf

Turley Proposal HTMSS Page 2 of 4 Morgane NICOT29 November 2012

migrants. UNODC Training Manuals on Investigating and Prosecuting the Smuggling of Migrants also contain dedicated modules such as Module 6: Protection and Assistance Issues of the In-Depth Training Manual.

In addition, partnerships that UNODC has developed with other agencies such as UNHCR, IOM or the International Federation of the Red Cross are particularly relevant to ensuring a comprehensive approach in the assistance to States for the protection of persons who are smuggled.

Turkey financial contribution to the Global Programme

In 2008, Turkey provided a contribution of US$ 50,000 in support of UNODC technical assistance under the Global Programme against the Smuggling of Migrants which was directed towards the development of the International Framework for Action to Implement the Smuggling of Migrants Protocol.

2. OVERVIEW OF THE PROJECT PROPOSAL TO TURKEY

This proposal aims to strengthen the protection component of UNODC Training Manuals to Investigate and Prosecute the Smuggling of Migrants in order to better equip criminal justice practitioners, especially front line officers, to identify and act upon protection and assistance needs of smuggled migrants Activity 1: Development of a comprehensive and practical case study on the protection of the rights of migrants for training purposes

BackgroundUNODC uses the Module on Protection and Assistance Issues of the In-Depth Training Manual to Investigate and Prosecute the Smuggling of Migrants5 as well as the Module on Human Rights6

of the Basic Training Manual to raise awareness of criminal justice practitioners and enhance their capacity to protect the rights of smuggled migrants. In particular, these modules provide a basis to :

- recognize the mandatory obligations to protect and assist smuggled migrants- understand the role of criminal justice practitioners in providing protection and assistance

to smuggled migrants- discuss key considerations relevant to protecting life and safety at sea- discuss key considerations relevant to the special needs of women and children in the

context of protecting and assisting smuggled migrants- understand protection and assistance implications for a smuggled migrant who is a victim

and/or a witness of crime- describe some measures that can be used to protect persons who are witnesses to migrant

smuggling5 http://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/In-Depth_Training_Manual_SOM_en_wide_use.pdf6 www.unodc.org/documents/human-trafficking/Basic_Training_Manual_e-book_E_Module_9_10-54402_June_2010.pdf

Turley Proposal HTMSS Page 3 of 4 Morgane NICOT29 November 2012

- understand the principle of non-refoulement and referral mechanisms in the context of protecting and assisting smuggled migrants

ActivityUNODC aims to develop a comprehensive case study to give a practical angle to the training on protection and assistance. The case study will depict a situation in which mixed migration flows are encountered by the criminal justice practitioners in a smuggling venture. It will allow trainees to identify needs for immediate assistance among the migrants, detect the various protection needs and suggest appropriate action or referral. The case study would leave room for simulation exercises, including role plays and interviewing techniques.

The case study will incorporate approaches by partner agencies which would be encouraged to join in the training session so as to cover all aspects of protection of smuggled migrants, which ever protection needs (as asylum seeker, refugee, vulnerable person, victim of crime, etc…) they may have.

Activity 2: A national-level capacity building workshop to pilot-test the Case Study and train relevant officials on the protection of the rights of migrants (beneficiary country to be determined)

Target groupTwenty criminal justice practitioners, especially front line officers among police, border guards, immigration agents and customs officers in one country.

ActivityThe Case Study on identifying and acting upon protection and assistance needs of smuggled migrants in mixed migration flows would be pilot tested in a three-day national training workshop to build the capacity of criminal justice practitioners, including front line officers. The training workshop would examine the elements of the crime of smuggling of migrants, address how organized crime groups may be involved in the commission of the crime, present some investigative techniques and dedicate a full day to the detection of instances of smuggling of migrants, debriefing of migrants, identification of their needs for protection and assistance and referral mechanisms.

ModalityThe Case study would be tailored for the country where the workshop will take place and will be later amended, if needed, on the basis of feedback received from trainees and other stakeholders.The format of the workshop will encourage interaction and actively engage trainees through hands-on activities such as role plays and simulation exercises.Civil society and other international organisations will be involved for the component on protection and assistance in order to create or strengthen partnership between the criminal justice authorities and civil society actors for the protection of migrants.

3. ANNEXES- Budget

Turley Proposal HTMSS Page 4 of 4 Morgane NICOT29 November 2012