By Ilias Chatzis, under the substantive guidance of Morgane Nicot, Martin Hemmi and Pascale Reinke-Schreiber

Migrant smuggling is a type of organized crime with links to other serious criminal offences, including illicit financial flows, corruption and trafficking in persons. Smuggling is an illegal service that is offered to countless people and requires a financial or material remuneration. Many migrants who do not have other viable options to move across borders, regularly depend on the services provided by smugglers to migrate. In principle, once the smuggling transaction is completed and the person arrives at the desired destination, the relationship between the smuggler and the migrant ceases without any harm being done. Too often, however, smuggled migrants and refugees suffer from various dangerous circumstances and abusive and violent treatment while under the control of smugglers. This Study considers the underlying risk factors that lead to abuse and violence during the smuggling operation and analyses whether gender influences the type of violence that is inflicted upon smuggled migrants. It also analyses the criminal justice responses to these abuses and the practical obstacles that may hamper the reporting, investigating or prosecuting of these “aggravations”. Finally, the Study provides recommendations for reducing the impunity of the people involved in such offences along the smuggling routes. UNODC, through the analysis of case law within its Knowledge Portal on Smuggling of Migrants, noted that there was little evidence of migrant smuggling being prosecuted in the countries where the smuggling venture occurred, let alone for cases where smuggling became abusive or exploitative. Yet, civil society, researchers and academia have increasingly raised their concerns over the extreme violence faced by people on the move along certain routes. To have a better understanding of the dynamics at play and the challenges to obtain justice in this context, this Study looks into two major transit regions, North Africa and Central America. It uses recently collected data from the UNODC Observatory on Migrant Smuggling that contains testimonies from frontline responders, smuggled migrants and migrant smugglers from West and North Africa. Aggravations occurring along the Central Mediterranean route also feature in the Study, as they are characteristic of the various types of abuse that migrants face before embarking on their dangerous sea crossings. It is often over those cases that courts in destination countries assess jurisdiction to prosecute smugglers and provide access to justice to the affected smuggled migrants. Practitioners were also interviewed for the Study to gain knowledge about smuggling characteristics in Central America. The present Study therefore focuses on these two regions, typically coined as transit regions for migrant smuggling operations.

Vienna: UNODC, 2021. 102p.

By: Jeffrey L. Edleson, Taryn Lindhorst, Gita Mehrotra, William Vesneski, Luz Lopez, and Sudha Shetty

Mothers who flee with their children because of domestic violence may have few other options to ensure their safety and that of their children in the face of their partner’s violence. Yet when their flight takes them across international boundaries, they become vulnerable to being legally treated as an “abducting” parent by the courts. This report focuses on the situations of women who experienced abuse in another country and came to the United States in an effort to protect themselves and their children, but who then faced civil actions in U.S. state or federal courts for child abduction under international legal agreements. We interviewed battered mothers around the world, their attorneys, their husbands’ attorneys and examined published judicial decisions in cases involving the Hague Convention on the Civil Aspects of International Child Abduction where there were also allegations of domestic violence by one parent against the other. The research team interviewed 22 mothers who responded to Hague petitions in U.S. courts, 23 attorneys representing both mothers and fathers in these cases and five specialists, such as expert witnesses. The research team also analyzed 47 published U.S. Hague Convention court decisions involving allegations of domestic violence.

Battered mothers who fled across borders to the U.S. to receive help from their families were often victims of life-threatening violence, and their children were frequently directly or indirectly exposed to the father’s violence. The women sought but received little help from foreign authorities or social service agencies and received little help from U.S. authorities once they came to the U.S. In fact, these mothers – most of whom were U.S. citizens – often faced U.S. courts that were unsympathetic to their safety concerns and subsequently sent their children back to the custody of the abusive fathers in the other country, creating potential serious risks for the children and mothers.

US Department of Justice, November 2010

By Tasnim Abderrahim

Morocco is a key departure point for both local and foreign migrants embarking on irregular sea crossings to Europe. The country is strategically linked to Spain in particular through three main migratory pathways. These include the land passages into the Spanish enclaves of Ceuta and Melilla, a maritime route to mainland Spain and a maritime route to the Canary Islands. Furthermore, substantial numbers of migrants cross in and out of Morocco over the border with Algeria.

In 2023, human smuggling trends in Morocco were broadly stable, although the dynamics differed by route. There was a significant rebound in movements from northern Morocco to Spain across the Alboran Sea and the Strait of Gibraltar. According to Frontex data, Moroccan arrivals in mainland Spain jumped from 4 307 in 2022 to 7 910 in 2023.1 Moroccan nationals dominated this route, as security measures restricted foreign migrants’ access to the north of the country.

This rise is especially notable given this heightened enforcement, which began during the COVID-19 pandemic and increased further following Spain’s endorsement of Morocco’s position on the Western Sahara conflict in 2022. Border controls along the northern coast remained tight in 2023 and security forces continued to crack down on smuggling networks. In addition, the government persisted in the forced transfer of undocumented migrants from the northern coastal areas to cities in the interior.

The other main northern Moroccan route to Spain, involving land crossings to Ceuta and Melilla, saw a dramatic drop in 2023. Only 467 arrivals were recorded from 1 January to 31 December, a 75% reduction compared to the same period in 2022.2 Despite this, persistent efforts to reach the enclaves continued, including attempts to climb over fences or swim around barriers, underscoring that the decline was largely due to heightened security operations by Spanish and Moroccan forces. To the south, in the Canary Islands, arrivals from Morocco rebounded slightly in 2023, after falling by almost a third between 2021 and 2022. This moderate increase appears to have been driven primarily by foreign migrants, as Moroccan arrivals decreased. Specifically, only 5 817 Moroccan migrants, the most easily identifiable of those departing from Morocco, arrived in the Canaries in 2023, down from 6 411 in 2022. This was likely due to heightened security and the perception among Moroccan migrants that the route was dangerous and costly, with an uncertain chance of success.

Finally, cross-border movement into Morocco from Algeria also continued. Although reliable estimates were limited, there were indications of a slight increase in arrivals through this route, particularly Algerians planning to attempt the sea crossing to the Spanish enclaves. Movement in the opposite direction, from Morocco to Algeria, also appeared to rise. This mainly involved Moroccans heading to Algeria’s north-west coast, from where smuggling to Spain is prevalent.

Over the course of 2023, irregular migration from and through Morocco was influenced by a combination of factors, with intensified enforcement playing a significant role. Morocco had moved to stem migratory flows in 2022, with the government orchestrating a structured crackdown on irregular migrants across the country. Throughout 2023, authorities continued to implement counter-migration measures, including restrictions on migrants’ mobility and the forced relocation of undocumented people.

Despite these efforts, poor economic prospects for both Moroccans and foreign migrants drove departures higher. In 2023, Morocco began to bounce back from the overlapping shocks the economy had experienced in the previous year, including a severe drought, rising commodity prices and the global economic slowdown, all of which derailed growth. However, despite the nascent recovery, many Moroccans continued to grapple with the effects of the successive economic blows that have been occurring since 2020, chiefly price hikes, which have strained the purchasing power of citizens and residents alike, especially low-income populations.

This is the latest Global Initiative Against Transnational Organized Crime (GI-TOC) monitoring report on human smuggling in Morocco. It builds on the series of annual reports that has been issued since 2021, tracking the evolution of human smuggling in Morocco, as well as the political, security and economic dynamics that influence it.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 28p.

By Team of Analysts at the Global Initiative Against Transnational Organized Crime (GI-TOC)’s Observatory

In 2023, Tunisia emerged as the primary country of embarkation for irregular migrants seeking to reach Europe, eclipsing Libya, which had long been the main North African departure point. In total, some 97 306 migrants arrived in Italy from Tunisia, just over three times as many as in 2022. Tunisia’s new status as North Africa’s leading embarkation hub followed four years of constant growth in irregular migration and human smuggling. In previous years, the increase in departures had primarily involved Tunisian nationals. In 2023, however, the surge in irregular migration was largely driven by foreigners, mostly from West Africa and Sudan. While some of these migrants were long-term residents in Tunisia, the spike was fuelled by a notable and rapid rise in the arrival of sub-Saharans across the border with Algeria and, to a lesser extent, the border with Libya. The high demand for departures led to a more complex smuggling ecosystem in Tunisia, with networks offering increased and diversified services. There were also key shifts in the way foreign migrants, in particular, embarked, with a growing number forgoing engagement with smugglers and turning instead to self-smuggling. However, as in previous years, it was the worsening of the country’s complex political, social and economic problems that spurred clandestine departures and licit migration. While some aspects of the multidimensional crisis facing Tunisia improved, overall the challenges remained acute, with severe drought, uncertain financing conditions and the slow pace of reforms hampering economic recovery, while failures of governance continued to affect the delivery of public services such as water, education and health care. Moreover, a dramatic shift in Tunisia’s approach to irregular migration led to a deterioration in conditions for migrants and an acceleration in the pace of foreign migrants leaving the country. In February, President Kais Saied denounced undocumented sub-Saharan migration to Tunisia, triggering a series of events that resulted in foreign migrants being evicted from their homes, dismissed from their jobs, and threatened with arrest and violence. This growing climate of fear in turn influenced and hastened the departure of undocumented migrants from the country. In response to rising migration, the Tunisian government instituted tighter security controls, with occasional escalations in response to spikes in departures. Enforcement in maritime areas and along the land borders with Libya and Algeria intensified in the second half of the year. In addition, the Tunisian government increasingly resorted to the forced transfer of migrants – mainly to and across the borders with Libya and Algeria – in order to manage tensions among the local population and curb departures. According to public reports documenting the testimonies of deported migrants, a notable element of these forced transfers was the level of violence and abuse inflicted by the Tunisian security forces. The exceptional growth in irregular migration from and through Tunisia in 2023 marked a rapid escalation of trends observed since 2020. Given the enduring influence of the factors driving irregular movement from Tunisia and other key countries of origin, interest in departures to Europe is expected to persist further into 2024. However, volumes will be influenced by a number of variables, including the effectiveness of security forces in managing increased migratory pressures and the adaptability of smuggling networks to evolving enforcement tactics. This is the latest Global Initiative Against Transnational Organized Crime (GI-TOC) monitoring report on human smuggling in Tunisia. It builds on the series of annual reports that has been issued since 2021, tracking the evolution of human smuggling in Tunisia, as well as the political, security and economic dynamics that influence it.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 41p.

What’s new? Each year, hundreds of thousands of migrants cross the Darién Gap, a strip of jungle between Central and South America, on their way to the U.S. With little state presence in the area, Colombia’s Gaitanista drug syndicate is overseeing human smuggling rackets while gangs in Panama perpetrate assaults on migrants. Why does it matter? Illicit profits are soaring as the flow of migrants swells, with much of the money going to organised crime. Efforts by Colombia and Pan ama to impede the movement of people or weaken the criminal groups’ hold have so far failed to curb murder, rape and other attacks on migrants. What should be done? The days when the Darién Gap was a meaningful bar rier to mass migration are over. Enhanced law enforcement, redoubled efforts to quell crises in the main countries of departure and reinforced humanitarian assistance in the Darién could form part of regional efforts to manage irregular migration and protect the vulnerable.

Bogota; New York: Latin America Report N°102 | 3 November 2023

International Crisis Group, 2023. 46p.

By Francesca Soliman

In this paper I examine authorities’ management of migrant boats on the island of Lampedusa, Italy, as an example of environmental border harm. A danger to trawlers, sunken wrecks are also hazardous to the environment, with pollutants such as oil and fuel seeping into the sea. Migrant boats that reach the island, whether independently or towed by rescuers, are left to accumulate in the harbour and eventually break up, scattering debris in bad weather. When boats are uplifted onto land, they are amassed in large dumps, leaking pollutants into the soil. Periodically, the resulting environmental crises trigger emergency tendering processes for the disposal of the boats, which allow for the environmental protections normally required in public bidding to be suspended for the sake of expediency. The disposal of migrant boats thus relies on a pattern of manufactured environmental emergencies, consistent with the intrinsically crisis-based management of the border itself.\

Critical Criminology 31(12):1-17, 2023.

Edited by Ravi K. Thiara, Stephanie A. Condon, and Monika Schröttle

This book draws together both: theory and practice on minority/migrant women and gendered violence. The interplay of gender, ethnicity, religion, class, generation and sexuality in shaping the lives, experiences and choices of minority/migrant women affected by violence has not always been adequately theorised within much of the existing writing on violence against women. Feminist theory, especially the insights provided by the concept of intersectionality, are central to the editors’ conceptual frameworks.

Leverkusen-Opladen: Verlag Barbara Budrich , 2011. 426p.