FROM BONDAGE TO FREEDOM 85 may board and search vessels they believe to be of their own registry215. At the same time, when taking such action, State Parties are to ensure the safety and humane treatment of the persons on board216. State Parties are also required to strengthen border control and oblige commercial carriers of passengers to check travel documents217. The prevention of migrant smuggling is essentially through improved law enforcement like in the Trafficking Protocol and little attention is paid to the root cause of migrant smuggling218. Border control, putting restriction on free movement of people, disseminating negative information aimed at discouraging potential migrants are some of the measures propagated by the Protocol to prevent and detect migrant smuggling219. The State Parties are exhorted to establish and maintain direct channels of communication between each other as a way of strengthening cooperation among border control agencies. State Parties are to take steps to ensure220 the integrity of travel documents issued on their behalf and to cooperate in preventing their fraudulent use221. Provision for training is also provided222. In contrast to the Trafficking Protocol, the Migrant Smuggling Protocol does not contain even an optional provision on permitting victims to remain in the territory, of the receiving States. State Parties of origin are to facilitate and accept, without delay, the return of their smuggled nationals and those who have a right of permanent residence223. There is no requirement for either the State of origin or the State of destination to take into account safety and security of smuggled migrant in repatriation process. Also, no rights are given with respect to legal proceedings or remedies against smugglers. Similarly no protective measures for children find place in the Protocol. However, the Protocol does include a reference to the Refugee Convention and the 1967 Protocol as well as principle of non-refoulment.224 The Protocol includes a number of additional provisions aimed at protecting the basic rights of smuggled migrants and preventing their 217 Ibid., Art. 11(2-4). 218 Ibid., Art 15. 219 Ibid., Art 11. 220 Ibid., Art 12 and 13. 221 Ibid., Art. 14(1) and 14(2) 222 Ibid., Art 14(2) 223 Ibid., Art 18(1) 224 Ibid., Art. 19. 225 Ibid., Art. 15.

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