On the 12 and 13 January 2016 at the occasion of the Netherlands’ Presidency of the Council of the European Union the EMN Annual Conference titled ‘Promoting the Multidisciplinary Approach in Addressing Migrant Smuggling’ was organised in Amsterdam by the Dutch EMN National Contact Point in cooperation with the European Commission and the Dutch Ministry of Security and Justice.
Its objective was most of all to discuss the latest developments in the area of migrant smuggling in line with the EU Action Plan against Migrant Smuggling (2015-2020) and to identify and share good practices as well as measures to be undertaken at the national and EU levels to fight smuggling in a holistic way. This conference brought together more than 200 experts with various relevant expertise from 24 EU Member States. Representatives from EU Member States’ ministries and law enforcement agencies, EU institutions and agencies, intergovernmental organisations (IGOs), academic and research institutions, Nongovernmental organisations (NGOs) and private sector were invited to share their experience and thus to provide an impetus for the implementation of the EU Action Plan against migrant smuggling. The outcome of this conference - a set of specific recommendations - can contribute to the work of all relevant stakeholders and policy makers at different levels.
The EMN Annual Conference was opened by Peter Diez, Deputy Director-General for International Migration of the Ministry of Security and Justice in the Netherlands, who introduced the serious problems connected to migrant smuggling that Europe is currently facing.
Ard van der Steur, Minister of Security and Justice in the Netherlands, highlighted the importance of dealing with the issue of migrant smuggling due to thousands of migrants perishing over the past years in several ways, often caused by migrant smugglers. He stated that fight against migrant smuggling is a top priority within the European common migration policy. Ensuring an integrated approach and measures implemented in practice by sharing knowledge and expertise is necessary both at the national and EU level and in cross-border situations.
Dimitris Avramopolous, EU Commissioner for Migration, Home Affairs and Citizenship, presented his views and ideas through a video speech. He agreed with the importance of sharing information and expertise with all stakeholders involved. He expressed the need of complex cooperation also with the soon-to-be-established European Migrant Smuggling Centre, which would become the central information hub on migrant smuggling at the European level. He foresees a big role in cooperating with financial institutions to tackle the financial transactions of migrant smugglers. Finally, he stressed out the importance of keeping in mind that human beings are the subjects of this business and are in need of our protection.
William L. Swing, Director General of the International Organization for Migration (IOM), expressed that migrant smuggling is a logical consequence of the millions of people on the move due to ongoing catastrophes and disasters in the direct vicinity of the EU. He suggested that in order to tackle migrant smuggling, a comprehensive approach, including the three P’s (Prevention, protection (of migrants) and prosecution), is necessary. Cooperation and collaboration also with international organisations such as IOM, UNHCR and UNICEF to ensure safe migration as well as incorporation of the past experiences is of a crucial importance.
After the presentations of the key note speakers, Simona Ardovino from DG Migration and Home Affairs, European Commission and Jacqueline Mallender from Optimity Advisors presented the EMN-study focused on the need of bridging the gap of lack of systematic reviews and evaluation of existing policies on migrant smuggling. The research incorporated three different perspectives on migrant smuggling: economics, business and the social organisation. Mrs. Mallender stated that the migrant smuggling business functions like a regular economic market with suppliers and customers. The migrant smuggling market strongly relies on communication through social networks and pay-as-you-go phones. Direct communication with potential clients is the key for the success of migrant smugglers.
First panel of the conference focused on the implementation of the EU action Plan against migrant smuggling, particularly on the cooperation between EU agencies. Lotje van de Made from Europol presented Europol’s project against migrant smuggling: the Joint Operational Team (JOT) Mare that aims at tackling the organised criminal groups who are facilitating the maritime journeys of migrants across the Mediterranean Sea to the EU. Europol stressed the need for a stronger inter-agency cooperation and enhancements of the capacities of the EU Member States.
Klaus Rösler, Frontex, presented Frontex-activities in the context of the implementation of the EU Action Plan against migrant smuggling. Currently, Frontex has a number of multi-purpose Joint Operations such as EMPACT (European Multidisciplinary Platform Against Criminal Threats), Priority “Facilitated Illegal Immigration” and other. Frontex also contributes to addressing training needs, by tailoring courses with CEPOL and Europol.
Cyril Lacombe from Eurojust gave an overview of the activities of Eurojust with relation to migrant smuggling. Eurojust presented several envisaged actions, e.g. the appointment of a Eurojust contact point on migrant smuggling, a thematic group on migrant smuggling, participation in the Hotspot approach, cooperation with the CSDP (Common Security and Defence Policy) operation EUNAVFOR (European Union Naval Force).
Jeroen Jans, EASO, introduced facts and statistics about the number of applications for international protection in EU countries and presented the work in the hotspots in Italy and Greece. He also explained that migrants have no right to choose the country of preference. Relocation can be seen as a tool of solidarity between the Member States and as an alternative to smuggling.
Conclusions of presentations and discussions identified challenges in the exchange of information, especially when it comes to personal data, but it is important to make full use of all relevant information channels to check/share information related to migrant smugglers, while respecting legal constraints.
The second panel was related to the measures available and current challenges in the fight against migrant smuggling and the implementation of a multidisciplinary approach involving actors and institutions at local, regional, national and international levels. Among the speakers was Khalid Koser, Executive Director of Global Community Engagement and Resilience Fund, who previously researched the business model of migration smuggling in Pakistan and Afghanistan. Mr. Koser stated that the way migrants pay smugglers but the risks too have evolved. Mr. Koser stated that three important elements need to be addressed to tackle migrant smuggling properly. Firstly, it is essential to acknowledge the fact that a myriad of actors are involved in the process (e.g. families, employers). Secondly, the idea that the migrant smuggling business is built on trust. Finally, we should find ways to reduce the profit for the smugglers by ‘following the money’.
Next speaker, Florian Forster, Head of Immigration and Border Management, IOM stressed that four different tools are needed to address migrant smuggling in a comprehensive way: to help migrants in distress and save lives; to create more legal channels for migrations and resettlement; to mitigate factors that drive migrants to seek smugglers; interdiction of migrant smuggling and prosecution of smugglers.
From among the representatives of the Member States law enforcement authorities, Jens-Philip Meierjohann, Federal Police, Germany, gave a brief overview of the current challenging situation in Germany referring to the numbers of migrants especially concerning the registration and the debriefing procedure.
Warner ten Kate, National Public Prosecutor for Trafficking in Human Beings and People Smuggling, the Netherlands, emphasised that law enforcement alone cannot solve the problem. Migrant smuggling is constructed in the same way, as for example the smuggling of drugs. Mr. Ten Kate introduced the Barrier Model. To disturb this business model, the barrier model can serve as a tool to effectively combat migrant smuggling. Between the migrants’ countries of origin and their final destinations, migrants have to pass various “barriers”. This model shows that barriers can be created to disturb the business of migrant smugglers.
The second day was opened with a third panel dealing different smuggling routes, the challenge of document fraud, facilitating the irregular stay and provision of assistance to vulnerable migrants. Roberta Barberini, Deputy Prosecutor General Rome and Head of the International Cooperation Office, gave a revealing presentation about the practices of migrant smugglers at sea. She mentioned that smugglers deliberately endanger the lives of migrants in order to provoke a reaction from Italy. She gives the following recommendation: “Member States should consider installing jurisdiction on high seas, without a direct link to the territory of one specific country”.
Gabor Balog from European Multidisciplinary Platform Against Crime Threats in Hungary highlighted that the criminal groups are very well organised, not only at the green borders, but also when it comes to false marriages and the abuse of visas and obtaining forged documents. He presented the Joint investigation Team (JIT) - an important tool for the exchange of information, knowledge and best-practices.
Deputy Director of the National Crime Agency in the UK, Tom Dowdall, stressed that illegal migration and organised crime needs to be separated. Illegal migration mostly consists of loose networks, based on ethnicity. He mentioned four matching tactics to combat the organised crime threats: adapting the skills, experience and strategies; creating a balance between prosecutions and disruptions; exploiting social media; and understanding and tackling criminal finances.
Björn de Rijk (Royal Netherlands Marechaussee) shared experience from tackling migrant smugglers at Schiphol by various means such as analysing the flight information (API system) and observing the behaviour of the passengers. Migrant smuggling by air mostly consists of ID-Swap and fake documents. Mr. de Rijk stresses that the smugglers become more innovative, and therefore it becomes harder to link the smuggled persons to a migrant smuggler.
The Head of the Migration Unit, Red Cross EU Office, Anaïs Faure Atger, emphasised the importance of providing assistance to all vulnerable migrants in all the stages of their journey, regardless of their destination. The humanitarian assistance provision within the scope of the facilitation of irregular migration legislation should be taken out, since the point should not be to criminalise those individuals who provide humanitarian assistance. She stressed the need to open up legal channels for migrants to reach Europe.
The fourth panel consisted of the outcomes of the six different workshops that included presentations, questions and discussions on various topics. The topics of the workshops were focused on the strengthening the exchange of information and intelligence on migrant smuggling, dismantling organised criminal networks involved in migrant smuggling by understanding the financial schemes used by smuggling networks, innovative ways to tackle migrant smuggling: social media and predictive analytics, engaging the private sector in the fight against migrant smuggling: transport and shipping, development of effective information and prevention campaigns on the risks of smuggling and counter-narratives in third countries and development of comprehensive responses to migrant smuggling, addressing push and pull factors.
The fifth panel summed the discussion at the conference and outlined future perspectives and action against migrant smuggling: the next steps in the implementation of the EU Action Plan against migrant smuggling and ensuring coordination and policy coherence in the EU actions against smuggling. The speakers Jan-Kees Goet, Director-General for Immigration, Ministry of Security and Justice, the Netherlands and Dana Spinant, Head of Unit, DG Migration and Home Affairs, European Commission, presented conclusions. These lay in enhancing police and judicial response; improving gathering and sharing of information in particular between law enforcement and judiciary stakeholders; making use of existing networks for the exchange of information and strengthen these, instead of creating new platforms; enhancing prevention of smuggling and assistance to vulnerable migrants; strengthening cooperation with third countries in order to enhance information and intelligence exchange.
Elaborated from the Conference Conclusions and Summary prepared by the EMN National Contact Point for the Netherlands with the support of the European Commission and the EMN Service Provider (ICFI).