A/RES/73/195
Global Compact for Safe, Orderly and Regular Migration
become liable to criminal prosecution for the fact of having been the object of
smuggling, notwithstanding potential prosecution for other violations of national law.
We also commit to identify smuggled migrants to protect their human rights, taking
into consideration the special needs of women and children, and assisting in particular
those migrants subject to smuggling under aggravating circumstances, in accordance
with international law.
To realize this commitment, we will draw from the following act ions:
(a) Promote ratification of, accession to and implementation of the Protocol
against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime;
(b) Use transnational, regional and bilateral mechanisms to share relevant
information and intelligence on smuggling routes, modus operandi and financial
transactions of smuggling networks, vulnerabilities faced by smuggled migrants, and
other data to dismantle the smuggling networks and enhance joint responses;
(c) Develop gender-responsive and child-sensitive cooperation protocols
along migration routes that outline step-by-step measures to adequately identify and
assist smuggled migrants, in accordance with international law, as wel l as to facilitate
cross-border law enforcement and intelligence cooperation in order to prevent and
counter smuggling of migrants so as to end impunity for smugglers and prevent
irregular migration, while ensuring that counter-smuggling measures are in full
respect for human rights;
(d) Adopt legislative and other measures as may be necessary to establish the
smuggling of migrants as a criminal offence, when committed intentionally and in
order to obtain, directly or indirectly, a financial or other mater ial benefit for the
smuggler, and include enhanced penalties for smuggling of migrants under
aggravating circumstances, in accordance with international law;
(e) Design, review or amend relevant policies and procedures to distinguish
between the crimes of smuggling of migrants and trafficking in persons by using the
correct definitions and applying distinct responses to these separate crimes, while
recognizing that smuggled migrants might also become victims of trafficking in
persons, therefore requiring appropriate protection and assistance;
(f) Take measures to prevent the smuggling of migrants along the migration
cycle, in partnership with other States and relevant stakeholders, including by
cooperating in the fields of development, public information, justice, as well as
training and technical capacity-building at the national and local levels, paying
special attention to geographical areas from which irregular migration systematically
originates.
Objective 10: Prevent, combat and eradicate trafficking in persons
in the context of international migration
26. We commit to take legislative or other measures to prevent, combat and
eradicate trafficking in persons in the context of international migration by
strengthening capacities and international cooperation to investigate, prosecute and
penalize trafficking in persons, discouraging demand that fosters exploitation
leading to trafficking, and ending impunity of trafficking networks. We further
commit to enhance the identification and protection of, and assistance to, migrants
who have become victims of trafficking, paying particular attention to women and
children.
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