Smuggling of Migrants

Andreas Schloenhardt

Chapter 93 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 541-545 from Edward Elgar Publishing

Abstract: Smuggling of migrants refers to the procurement in order to obtain a material benefit of the illegal entry of a person into a country of which the person is not a national or a permanent resident. Smuggling of migrants thrives where border fortifications and controls are particularly tight and meaningful legal avenues of migration are lacking, thus forcing migrants, including refugees, to seek assistance from criminal elements. In international law, the United Nations Smuggling of Migrants Protocol addresses some of the criminal justice aspects of this phenomenon. The protection needs and human rights of smuggled migrants are, for the most part, not addressed in international instruments, though the Protocol recognizes obligations arising from the Refugee Convention and international human rights law. The Global Compact for Migration provides mechanisms to address the causes and consequences of smuggling of migrants and other forms of irregular migration more broadly.

Keywords: Irregular migration; Organized crime; Smuggling of migrants; Asylum seekers; Trafficking in persons; Migrants in situations of vulnerability (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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