This discussion paper explores the rise of mixed, irregular migration with particular focus on the role of smuggling and trafficking in both facilitating that movement and influencing its impact. It explains the current migration context followed by a discussion and analysis of the smuggling–trafficking nexus. Emerging characteristics of irregular migration suggest that changing realities are challenging the limits of existing terminology and understanding around these activities. Current legal concepts and structures are struggling—and sometimes completely unable—to capture the complexity of what is happening. Migrants are facing increased risks in terms of greater vulnerability and less protection, not least through a shrinking of the asylum space. Understanding migrant smuggling and human trafficking as part of a wider phenomenon within classic economic dynamics of supply and demand is critical to developing migration policy that is not diverted by misuse of terminology and that maintains an appropriate focus on the rights of migrants and corresponding obligations of States. An understanding of how and why smuggling and trafficking occur also lays bare the costs to the modern liberal State of waging ‘war’ against an enemy that can only ever be defeated through the continuous deployment of massive force and denial of basic rights. The paper brings together the insights of three experts who have worked as practitioners and researchers on mixed migration, smuggling and trafficking within diverse geographical and disciplinary perspectives.

The Middle East and North Africa (MENA) region continues to host groups highly vulnerable to trafficking and exploitation. Migrant workers, particularly domestic workers, are known to be among those who are most at risk. While the region is confronted by many pressing challenges – the rise of Islamic extremism, sectarian conflict and unrelenting hardships – the massive numbers of displaced people and refugees on the move throughout MENA contribute to the extended profile of those vulnerable to trafficking and exploitation. All of these conditions together, coupled with already exceedingly precarious working conditions for millions of migrant workers described in this report, create the conditions that are described as the “perfect storm” for human trafficking. This combination of factors is precisely the reason why it is so necessary to address human trafficking and migrant protection now.

Existe una estrecha relación entre el tráfico ilícito de refugiados y migrantes y la trata de personas. Es necesario reconocer que una persona migrante o refugiada que ha estado en una situación de tráfico - bien sea para ingresar, permanecer o salir del país - se encuentra en riesgo de ser víctima del delito de trata de personas. Estos delitos implican la cosificación de las personas, el menoscabo de la dignidad humana y suele primar un aprovechamiento de situaciones de vulnerabilidad. Uno de los mayores obstáculos en la lucha contra el tráfico ilícito de refugiados y migrantes y la trata de personas es la falta de información. Hay un evidente subregistro en las cifras oficiales y esto impide que se calculen las magnitudes reales de ambos delitos.

The Rohingya people of Myanmar (known as Burma before 1989) were stripped of citizenship in 1982, because they could not meet the requirement of proving their forefathers settled in Burma before 1823, and now account for one in seven of the global population of stateless people. Of the total 1·5 million Rohingya people living in Myanmar and across southeast Asia, only 82 000 have any legal protection obtained through UN-designated refugee status. Since 2012, more than 159 000 people, most of whom are Rohingya, have fled Myanmar in poorly constructed boats for journeys lasting several weeks to neighbouring nations, causing hundreds of deaths. We outline historical events preceding this complex emergency in health and human rights. The Rohingya people face a cycle of poor infant and child health, malnutrition, waterborne illness, and lack of obstetric care. In December, 2014, a UN resolution called for an end to the crisis. We discuss the Myanmar Government's ongoing treatment of Rohingya through the lens of international law, and the steps that the newly elected parliament must pursue for a durable solution.

Since its inception in 2002, the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (Bali Process) has effectively raised regional awareness of the consequences of people smuggling, trafficking in persons and related transnational crime, and also developed and implemented strategies and practical cooperation in response. 48 member countries and international organizations, as well as a number of observer countries and international agencies, participate in this voluntary forum. The policy guides aim to provide an overview of international and regional standards for the identification and protection of victims of trafficking, drawing extensively on examples of good practices from Bali Process member countries. In line with the recommendations of the Fifth Ministerial Conference in April 2013, these policy guides are the second set of Bali Process Policy Guides falling within the thematic areas of the Bali Process and on issues of particular concern to Bali Process members. They are voluntary, non-binding and intended for use as reference tools by a range of domestic agencies in Bali Process Member States.

While some of the forms of exploitation covered by this research are specific to countries directly involved in conflict child soldiering and organ trafficking to treat wounded fighters the remaining types of trafficking in human beings have many points in common in conflict and post conflict periods. Recruitment methods, psychological control techniques and the forms of exploitation do not depend on particular geographic zones.

The conflict and violence in Syria since 2011 have caused massive loss of life and human suffering, as well as a complex displacement crisis. Four of Syria’s neighbouring states are the most important hosting countries worldwide for refugees from the war-torn country. As of the end of September 2015, there are almost four million Syrian refugees in Turkey, Lebanon, Jordan and Iraq alone, whose registration is active with the UN High Commission for Refugees (UNHCR). In addition, over six and a half million Syrians are internally displaced within their own country. Not all Syrians and stateless people who have fled abroad have registered with UNHCR or the national authorities (NRC, April 2015), and not all those internally displaced are recorded as such, therefore the figures are likely to be even higher in all cases. Apart from the violence itself, the conflict and attendant refugee crisis in neighbouring countries have led to increased impoverishment, informal “coping” economies and war profiteering, rendering people displaced by the crisis vulnerable to exploitation and different forms of trafficking in persons. Uncertainty prevails as to when the war in Syria will end and internally displaced people (IDPs) will be able to return to their homes, whether Syrian refugees abroad will be able to return to their country of origin, and for how long the hosting states will be able to meet the refugees’ needs in terms of providing access to basic services – accommodation, healthcare and education – and opportunities for income generation. As of mid-2014, the situation in Syria, as well as in parts of Iraq, has been further exacerbated by the seizure of large swathes of territory by Da’ish (ISIS/ISIL/IS), resulting in violence and further displacement of Syrian and Iraqi people, as well as of other people residing in those areas.

This snapshot explores the links between extortion, internal displacement and forced migration in the North of Central America (NCA) and the migration route in Mexico. Although the definition varies across different national legislations, we understand extortion as being the use of intimidation, violence or threats to force someone to do something or to obtain someone’s property.This type of aggression is one of the main drivers of displacement in the region, but it is also one of the main crimes that people are subjected to during displacement, as well as after deportation back to their countries of origin. As such, extortion transcends international borders as one of the main human rights violations committed against displaced people and migrants. In order to outline the issue of extortion and its relationship with internal displacement and forced migration in this region, this snapshot explores the phenomenon of extortion, its protagonists and consequences. The first section compiles an update on the recent data related to the ongoing protection crisis in the region. Secondly the snapshot provides analysis on the regional similarities and trends related to extortion, and then provides a more detailed examination of the situation in Honduras, El Salvador, Guatemala and Mexico, through national chapters. Finally, a brief annex explores the protection risks related to the Covid-19 pandemic.

The overall objective of this Framework Document is to strengthen cooperation between IOM and UNHCR with respect to the identification, referral, protection and assistance of victims of trafficking. Specifically, this document intends to encourage the development of standard operating procedures (SOP) between IOM and UNHCR at field level, and suggests a procedure for cooperation to ensure that the available expertise, capacities, and potential of each organization are effectively employed and coordinated to deliver the best possible protection and assistance for victims of trafficking.The Framework Document highlights key areas for coordination and cooperation that are global in nature and should be adapted to particular operational contexts.This document updates the former IOM-UNHCR Framework Document on Developing Standard Operating Procedures to Facilitate the Protection of Trafficked Persons, developed in 2009.

Trafficking in persons (TIP) is a crime and a grave violation of human rights defined in Article 3(a) of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. It takes place in every region of the world, in both ordinary times and in times of crisis. Its root causes can include poverty and economic inequality, homelessness, structural or interpersonal violence, gender inequalities, armed conflict and post-conflict factors. TIP manifests in multiple forms affecting women, girls, boys and men who are exploited for domestic servitude, sex, forced labor, and forced marriage, among others. A growing body of research has shown that humanitarian crises may exacerbate pre-existing trafficking trends and give rise to new ones. While some forms of trafficking are a direct result of crises, such as exploitative sexual services demanded by armed groups or the forced recruitment of child soldiers, others are less evident, with traffickers thriving on the widespread human, material, social and economic losses caused by crises. Moreover, conflict and displacement have a stronger impact on trafficking risks due to the general erosion of the rule of law and the breakdown of social safety nets or the lack of other protection systems. Despite the identification of a link between TIP and emergency contexts, trafficking prevention and response is frequently overlooked or not addressed in a comprehensive manner in humanitarian responses.