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.