Criminalisation of Human Smuggling in Africa: Looking at the Law

By Lucia Bird.

Domestic laws criminalising human smuggling in Africa diverge significantly from the approach set out in the UN Smuggling Protocol.

This brief analyses how African states have criminalised human smuggling in their nation. This research found that 22 states have criminalised the ‘smuggling of migrant’s broadly as defined in the UN Smuggling Protocol, which specifies that the intent of the perpetrator must be to reap a ‘financial or material benefit.’ It finds that even these states have diverged significantly from the approach set out in the Smuggling Protocol, and highlights concerning trends before recommending best practice.

ENACT - Africa, 2020. 12p.