Migrant Smuggling in Asia

An Annotated Bibliography Vol. 2

October 2014 4 Product: Knowledge

MIGRANT SMUGGLING IN ASIA

ISBN: 978-974-680-380-9 e-ISBN: 978-974-680-381-6

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An Annotated Bibliography Volume 2

A publication of the Coordination and Analysis Unit of the Regional Office for Southeast Asia and the Pacific

United Nations Office on Drugs and Crime

Table of Contents

Acknowledgements �� 1 Abbreviations and acronyms �� 2 Introduction �� 3 Annotated bibliography �� 6 Tables I: Key words for subjects covered �� 3 II: Definitions for research methodology applied in allocating key words �� 5

An Annotated Bibliography

Acknowledgements

This publication was produced by the Regional Office for Southeast Asia and the Pacific of UNODC, under the supervision of Sebastian Baumeister, Coordination and Analysis Unit.

Lead researcher: Deanna Davy (consultant)

Critical abstracts for the annotated bibliography written by: Deanna Davy

Editorial and production team: Sebastian Baumeister, Karen Emmons (contractor, editing), Pimsai Fooklin (UNODC), Ajcharaporn Lorlamai (UNODC) Ainsley Stinson (consultant), Supapim Wannopas (UNODC) and Akara Umapornsakula (UNODC).

Particular appreciation and gratitude for support and advice go to Morgane Nicot (UNODC) and Szilvia Petkov (UNODC).

1 Migrant Smuggling in Asia

Abbreviations and Acronyms

ADB Asian Development Bank ASEAN Association of Southeast Asian Nations EU European Union GAT Gerakan Anti-Trafficking GDP gross domestic product ILO International Labour Organization IOM International Organization for Migration Lao PDR Lao People’s Democratic Republic NGO non-government organization OECD Organisation for Economic Co-operation and Development PATROL Partnership Against Transnational Crime through Regional Organized Law Enforcement RCM regional coordination mechanism SIEV suspected illegal entry vessel

Migrant Smuggling Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing Protocol the United Nations Convention against Transnational Organized Crime

Trafficking in Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women Persons Protocol and Children, Supplementing the United Nations Convention against Transnational Organized Crime UN United Nations UNHCR United Nations High Commissioner for Refugees UNODC United Nations Office on Drugs and Crime

2 An Annotated Bibliography

Introduction

The United Nations Office on Drugs and Crime published from late 2010 to early 2014. (UNODC) conducted the research for this annotated bibliography in support of the Bali The research initially found 278 sources that met Process on People Smuggling, Trafficking in the research criteria, and this list was narrowed to Persons and Related Transnational Crime, which 146 sources. The research criteria are described in is a regional, multilateral forum to improve the tables I and II. coordination against criminal activity related to migrant smuggling and human trafficking. The A summary of each of those 146 sources is provided research focused on a total of 45 Bali Process in this publication. The researcher allocated key member countries (the project countries). words for each source that reflect the research criteria. The research had three objectives: The research was conducted within the (1) identify existing knowledge about framework established by the United Nations migrant smuggling regarding the project Convention against Transnational Organized countries; Crime, supplemented by the Protocol against (2) summarize and synthesize existing the Smuggling of Migrants by Land, Sea and knowledge about migrant smuggling, Air (Smuggling of Migrants Protocol). Migrant thereby making it easier for decision makers smuggling is understood to mean: to access key data and information; and (3) identify knowledge gaps, thereby making “The procurement, in order to obtain, directly it easier to clearly identify research priorities. or indirectly, a financial or other material benefit, of the illegal entry of a person into a The research involved a systematic search of multiple State of which the person is not a national or bibliographic databases, library catalogues and permanent resident” and “enabling a person websites to locate empirically based information who is not a national or permanent resident about migrant smuggling in the project countries to remain in the State concerned without

Table I: Key words for subjects covered Key word Description Movement that takes place outside the regulatory norms of the sending, transit and receiving Irregular migration countries Facilitating the illegal entry and/or stay of another for profit, with document offencesto Smuggling achieve this Concepts Use and usefulness of concepts of migrant smuggling or irregular migration

Methodology Research methodologies used in research on irregular migration or migrant smuggling

Quantitative assessment Size of irregular migration or smuggling flows Routes Geography of irregular migration or migrant smuggling Geographical, demographic, socio-economic characteristics of smugglers and/or their motiva- Profiles of smugglers tions Profiles of irregular mi- Geographical, demographic, socio-economic characteristics of irregular migrants and/or their grants motivations Profiles of smuggled Geographical, demographic, socio-economic characteristics of smuggled migrants and/or their migrants motivations Smuggler–migrant How migrants portray or perceive smugglers; the nature or quality of the relationship and/or relationship factors that impact on that relationship

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The organizational or business structures in smuggling operations; relationships between- ac Organization of smuggling tors in smuggling operations; involvement in their criminality; specialization and professionalism of smugglers; influences on their organization Methods of recruitment, payment, transfer of criminal proceeds, transportation, use/misuse Modus operandi of smug- of documents in smuggling process, role of corruption; factors that result in changes to modus gling operandi of migrant smuggling

Fees and payment for Fees paid by migrants, factors that determine fees, how migrants mobilize fees smuggling

Human and social costs of Death toll, trauma, stranded migrants and socio-economic impact of mobilizing fees for smug- smuggling gling Factors that fuel irregular Push-and-pull factors for irregular or smuggled migrants; the risks and rewards for smugglers migration (factors that drive them towards involvement in migrant smuggling or away from it)

Afghanistan Geographic focus: from/to/through

Australia Geographic focus: from/to/through Bangladesh Geographic focus: from/to/through Bhutan Geographic focus: from/to/through Brunei Darussalam Geographic focus: from/to/through Cambodia Geographic focus: from/to/through China Geographic focus: from/to/through DPR Korea Geographic focus: from/to/through Fiji Geographic focus: from/to/through Hong Kong, China Geographic focus: from/to/through India Geographic focus: from/to/through Indonesia Geographic focus: from/to/through Iran Geographic focus: from/to/through Iraq Geographic focus: from/to/through Japan Geographic focus: from/to/through Jordan Geographic focus: from/to/through Kiribati Geographic focus: from/to/through Lao PDR Geographic focus: from/to/through Macau SAR Geographic focus: from/to/through Malaysia Geographic focus: from/to/through Maldives Geographic focus: from/to/through Mongolia Geographic focus: from/to/through Myanmar Geographic focus: from/to/through Nauru Geographic focus: from/to/through Nepal Geographic focus: from/to/through New Caledonia Geographic focus: from/to/through New Zealand Geographic focus: from/to/through Pakistan Geographic focus: from/to/through Palau Geographic focus: from/to/through Papua New Guinea Geographic focus: from/to/through Philippines Geographic focus: from/to/through

4 An Annotated Bibliography

Republic of Korea Geographic focus: from/to/through Samoa Geographic focus: from/to/through Singapore Geographic focus: from/to/through Solomon Islands Geographic focus: from/to/through Sri Lanka Geographic focus: from/to/through Syria Geographic focus: from/to/through Thailand Geographic focus: from/to/through Timor-Leste Geographic focus: from/to/through Tonga Geographic focus: from/to/through Turkey Geographic focus: from/to/through United Arab Emirates Geographic focus: from/to/through United States of America Geographic focus: from/to/through Vanuatu Geographic focus: from/to/through Viet Nam Geographic focus: from/to/through

Table II: Definitions of research methodology applied in allocating key words Key word Description “Quantitative research is a means for testing objective theories by examining relationships Quantitative among variables. These variables can be measured, typically on instruments, so that the numbered data can be analysed using statistical procedures.”1 “Qualitative research is a means for exploring and understanding the meaning individuals or groups ascribe to a social or human problem. The process of research involving emerging Qualitative questions and procedures; collecting data in the participants’ setting; analysing data inductively; building from particulars to general themes and making interpretations of the meaning of data.”2 Mixed A mix of both quantitative and qualitative methods was used. It is not clear from the source precisely what research method was used. However, there is Unknown some information in the source to suggest that it involved primary research.

complying with the necessary requirements the sending, transit and receiving countries as an for legally remaining, through any illegal ‘irregular migrant’ who is moving in the process of means” (articles 3(a) and 6(1)(c) of the irregular migration. Although several of the works Smuggling of Migrants Protocol). cited use the terms ‘legal’ and ‘illegal’ to refer to irregular migrants, the terms have been changed for A note on language: The UNODC refers to a the purposes of this annotated bibliography, except person who crosses a foreign border in a movement in cases in which the author was specifically calling that takes place outside the regulatory norms of attention to the use of those terms.

1 Creswell, J.W., Research design: Qualitative, quantitative and mixed methods approaches (Third edition), Sage Publications, Thousand Oaks, CA, 2009, p. 233. 2 ibid., p. 232.

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Annotated bibliography

Agunias, D. R., Aghazarm, C. & Battistella, Despite an increasing number of policy measures G. Labour Migration From Colombo Process emphasizing regulation of the recruitment process, Countries: Good Practices, Challenges irregular migration in Asia continues to persist, and Way Forward. Geneva: International according to the report. Irregular migrants easily Organization for Migration, 2011. travel over the borders between Bangladesh and India and between Myanmar and Thailand. Other Key words migrants easily overstay their visas in Japan and Bangladesh, India, Indonesia, Japan, Malaysia, the Republic of Korea. The report points out that Myanmar, Republic of Korea, Thailand the largest number of irregular migrants has been Irregular migration documented in Malaysia, where low-skilled jobs in the plantation industry attract irregular migrants, Research method mainly from Indonesia. Mixed Additionally, labour migration within and from Summary the Colombo Process countries is significant and This report highlights several good practices in increasingly complex. An overwhelming majority of labour migration management from Colombo migrants leave on a temporary basis, and many are Process countries that may be replicated within considered vulnerable because they migrate without national contexts. (The Colombo Process refers to the documentation and frequently take on low-paid jobs Ministerial Consultation on Overseas Employment in less skilled and largely unprotected sectors of the and Contractual Labour for Countries of Origin in economy. Asia and is a forum to discuss issues and exchange information and experiences.) The report underscores The report notes that Colombo Process countries that, despite recent migration policy successes, have taken proactive steps to manage labour challenges remain to better protecting migrant migration. In recent years, eight of the 11 Colombo workers, including reducing their vulnerability Process countries amended regulations or adopted to irregular migration, safeguarding against illicit new legislation concerning labour migration; seven recruitment practices, providing welfare support to Colombo Process countries created new government migrant families and offering reintegration support structures dedicated to manage labour outflow and upon return to their country of origin. the welfare of overseas migrants; and 10 countries signed 59 bilateral agreements and memoranda of The authors explain that in preparation for the 2011 understanding with popular destination countries. Dhaka Ministerial Consultation and at the request of Also, Colombo Process countries have launched several Colombo Process countries, the International specific programmes and activities at different levels Organization for Migration (IOM) carried out of government to disseminate essential information, research that takes stock of the current labour- regulate the recruitment process, provide welfare migration dynamics. The information for the study support at origin and destination and maximize the derived from 11 country assessments that IOM field benefits of labour migration. The authors highlight missions performed in each of the Colombo Process that through the review of these national programmes, countries between August and November 2010. The a number of good practices have emerged that other template the field mission researchers used included Colombo Process countries can adopt and replicate. indictors related to current migration flows, in The report also, however, highlights some of the particular labour migration, in addition to specific challenges that persist, particularly in implementing requests for good practice examples and challenges programmes. Challenges include information in all three migration phases. Field missions based dissemination, managing recruitment, providing the assessments on existing research studies, official welfare support and maximizing the benefits of data and policy documents provided by a range of labour migration. government ministries.

6 An Annotated Bibliography

The report provides recommendations for Summary Colombo Process countries to respond to current This report examines human rights violations challenges, including improving existing pre- committed at Australia’s asylum seeker processing departure orientation programmes; developing centre on Manus Island in Papua New Guinea existing migrant-resource or information centres through the individual stories of asylum seekers, and related services; developing and harmonizing their motivations for leaving their countries of origin regulations concerning recruitment agencies; and their experiences during the journey to Australia, expanding the use of standard contracts with explicit including their treatment at Manus Island. provisions on mutually acceptable placement fees, minimum or reference wages, job descriptions Amnesty International researchers visited the Manus and skills accreditation; supporting self-regulation Island Regional Processing Center in Papua New among agencies; further developing government- Guinea from 11 to 16 November 2013. Three managed labour-migration schemes; improving researchers, accompanied by professional interpreters the administration of and access to welfare funds of Arabic and Farsi, spent five days at the facility. and insurance schemes; enhancing welfare support They conducted in-depth individual interviews with provided at the destination, particularly by 58 asylum seekers and spoke with many more on an strengthening the capacity of diplomatic missions informal basis during tours of the detention centre at and partnering with the authorities in destination several points during the week. The researchers also countries; reducing remittance transaction costs conducted three group sessions with asylum seekers. on remaining ‘high-cost’ corridors and providing In addition, the researchers met with representatives information on cost-effective sending alternatives; of Australia’s Department of Immigration and Border and facilitating the reintegration of returning Protection, Papua New Guinea’s Immigration and migrants. Citizenship Service Authority and the contracted security and service providers: G4S, International The strength of the report is its discussion of those Health and Medical Services, the International good practices in labour migration management, Organization for Migration, the Salvation Army which can be studied, adopted and replicated within and Survivors of Torture and Trauma Assistance national contexts. Because the report focuses, for the and Rehabilitation. In Lorengau, Manus Island’s most part, on regular migration, it does not make a main town, the researchers met with medical staff significant contribution to the body of knowledge at the Manus Hospital’s dental, pathology and on irregular migration. X-ray clinics and the senior Catholic priest. In Port Moresby, the researchers met with the Acting Chief Migration Officer, Papua New Guinea Immigration Amnesty International. This is Breaking and Citizenship Service Authority, a representative People: Human Rights Violations at Australia’s of the Papua New Guinea Immigration and Asylum Seeker Processing Centre on Manus Citizenship Service Authority, the Medical Director Island, Papua New Guinea. Sydney, 2013. of the Pacific International Hospital as well as medical staff and staff of the United Nations Key words Development Programme. The researchers also Afghanistan, Australia, Iraq, Pakistan, Papua New conducted group and individual interviews in three Guinea, Sri Lanka Papuan communities, the population of which Factors that fuel irregular migration, human and predominately consisted of individuals who had left social costs of smuggling, irregular migration, the Papua region in Indonesia to seek asylum in Papua modus operandi of smuggling, profiles of smuggled New Guinea for political reasons. The researchers migrants, routes, smuggling also communicated by phone and email with the Australian Department of Border Protection and Research method United Nations High Commissioner for Refugees Qualitative officials based in Canberra.

The report examines the background to the offshore processing centre at Manus Island, noting that on 19

7 Migrant Smuggling in Asia

July 2013, the Australian Government, under then orientation, unaccompanied and separated children Prime Minister Kevin Rudd, and the Papua New and how Australia’s policy of moving asylum Guinea Government, under Prime Minister Peter seekers to the offshore processing centre at Manus O’Neill, announced a new policy — the Regional Island breaches international law. It concludes with Resettlement Arrangement. Under this policy, all recommendations to the governments of Australia, asylum seekers arriving in Australia by boat who Papua New Guinea, various countries of origin of were sent to Papua New Guinea would be processed asylum seekers, and transit and destination countries in Papua New Guinea and would never be resettled of asylum seekers regarding the human rights in Australia. All asylum seekers processed in Papua violations committed at the centre. New Guinea and found to be refugees ultimately would be settled in Papua New Guinea unless the Through extensive interviews with asylum seekers Government there chose not to accept them, in residing in the offshore processing centre at Manus which case they would be resettled in a third country Island, the report provides insights into the modus (but not Australia). The report explains that the stated operandi of migrant smuggling from a number of aim of the Regional Resettlement Arrangement was countries to Australia, smuggling routes and fees to undermine the migrant smuggling industry by and payments for smuggling services. The report is a providing a deterrent to asylum seekers attempting valuable resource because it is the only publication to to travel to Australia by boat. examine the human rights abuses of asylum seekers at Manus Island. The report presents details from the interviewed asylum seekers regarding their clandestine journeys to Australian territory. The majority of Andrevski, H. & Lyneham, S. Experiences the interviewed asylum seekers were individuals of Exploitation and Human Trafficking fleeing ongoing armed conflict or other violence in such places as Afghanistan, Darfur, Iraq, Lebanon, Among a Sample of Indonesian Migrant Pakistan, Somalia and Syria. They had often travelled Workers. Canberra: Australian Institute of through countries that lack refugee protection and Criminology, 2014. had endured harrowing ocean voyages to Australia, sometimes as long as a week or more, in boats Key words that were often dangerously overcrowded, poorly Indonesia, Malaysia supplied for the journey and unseaworthy. A Human and social costs of smuggling, smuggling common motivation to travel to Australia was that the asylum seekers had heard that Australia was a Research method strong supporter of human rights. Mixed

The report also covers the abuse of smuggled Summary migrants and coercion by migrant smugglers. The This paper examines the experiences of exploitation researchers found that, due to their precarious status, and instances of human trafficking among a sample asylum seekers frequently suffer abuses during their of Indonesian migrant workers in Malaysia. journey, whether at the hands of the smugglers they are paying to arrange their travel, at the hands of the The authors analysed data on Indonesian human employers for whom they may work if they spend trafficking victims obtained from the International extended periods of time in transit countries or at the Organization for Migration (IOM) Counter- hands of police and other officials. According to the Trafficking Module. This data was analysed alongside report, asylum seekers are in an unequal bargaining the review of existing literature on the exploitation position with smugglers and are often unprepared to and trafficking of Indonesian migrant domestic deal with them. workers. The authors explain that this particular subset of data was chosen for analysis because half The report discusses conditions on Manus Island, of trafficked Indonesians recorded in the Counter- safety and security, medical services, refugee status Trafficking Module data reported being exploited as determination, asylum claims on the basis of sexual domestic workers in Malaysia.

8 An Annotated Bibliography

The paper discusses the role of agents in organizing The authors conclude that the analysis of the travel and employment of female Indonesian IOM Counter-Trafficking Module data reveals the domestic workers in Malaysia. The authors explain experiences of a largely hidden group of trafficked that to avoid high costs, lengthy waiting periods and and exploited workers. The authors also conclude complex paperwork associated with legal migration, that a large proportion of Indonesians in the sample a substantial number of migrants seek alternative were trafficked for domestic service, which suggests migratory pathways. This is made possible by large an increased vulnerability to human trafficking for numbers of unlicensed brokers and recruitment workers in this sector. agents who frequently make illegal arrangements to enable Indonesians to migrate via unofficial routes or Through the analysis of the IOM Counter- by using fraudulent documentation. Trafficking Module data, the paper provides insights into the range of risks that Indonesian domestic The paper presents that nearly all of the Indonesian workers in Malaysia have encountered as well as domestic workers in the data module who had new insights into the recruitment and placement worked in Malaysia revealed that they had been practices of agents and deception and coercion recruited by agents to work abroad. Six percent of related to employment. the respondents indicated that they were recruited by a ‘legal recruiting agent’, and 70 percent indicated they were also recruited by an agent. However, the Asian Development Bank & International authors contend that it is unclear whether these Organization for Migration. Facilitating agents were operating legally or without a license. More than half of the research participants declared Safe Labor Migration in the Greater Mekong that their documents were forged in order to travel, Subregion: Issues, Challenges and Forward- and half of them declared that they had not signed Looking Interventions. Mandaluyong City, an employment contract. The authors found that 2013. respondents (the article has no clear reference to a survey) who reported travelling with forged Key words documents and working without an employment Cambodia, Lao PDR, Myanmar, Thailand, Viet contract were most likely to be recruited by an agent, Nam including legal recruiting agents. Although nearly all Factors that fuel irregular migration, irregular respondents reported that they were in possession migration, quantitative assessment, smuggling of their travel documents while travelling, half of them reported that their documents were later held Research method by a labour agent or an employer once in Malaysia. Unknown Only 3 percent of the respondents reported that they maintained possession of their documents upon Summary arrival at their final destination. This report examines the facilitation of safe labour migration in the Mekong subregion. The report is Through their analysis of existing data, the authors a product of the collaborative partnership between found a variety of indicators of exploitation as well the Asian Development Bank (ADB) and the as considerable levels of abuse among the sample of International Organization for Migration (IOM). trafficked Indonesian domestic workers in Malaysia. ADB commissioned IOM to review the trends As much as 91 percent reported that they had been and patterns of labour migration in the Mekong totally denied freedom of movement. At the more subregion and contribute to the dialogue process extreme end of the spectrum of exploitation and that would analyse labour migration as contributing abuse, 86 percent reported being psychologically to and resulting from the regional integration abused while employed in Malaysia and 63 percent dynamics. The report outlines the main trends reported being physically abused. As well, 16 percent of labour migration in the Mekong subregion in reported being sexually abused or raped during the terms of the constantly evolving economic and course of their employment. social dynamics that characterize them. Attention is brought to issues of intra-subregion migration,

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rural–urban migration, border-related migration Research method and migration outside the Mekong subregion. Mixed

The research methodology is not discussed; however, Summary the report quantifies migrant stocks in the Mekong This report examines characteristics and issues of subregion and draws on quantitative and qualitative concern regarding migration dynamics across 10 data and information from migration experts and countries: Afghanistan, Bangladesh, Bhutan, India, IOM statistics. The report also incorporates inputs Islamic Republic of Iran, Maldives, Nepal, Pakistan, and insights from an expert-level workshop attended Sri Lanka and Turkey. Although the report mainly by academics and representatives of civil society discusses migration issues in those countries, it also organizations and international organizations as touches on issues associated with migrant smuggling well as country and regional consultations under the and irregular migration. auspices of the Greater Mekong Subregion Working Group on Human Resource Development. The report is the result of a collaborative research effort by members of the Asia-Pacific Regional The report examines migration patterns, including Coordination Mechanism (RCM) Thematic push-and-pull factors for irregular migration. It Working Group on International Migration highlights issues of labour migration in the Mekong including Human Trafficking, co-chaired by the subregion and offers recommendations for increasing Economic and Social Commission for Asia and the the social protection of migrants, such as increasing Pacific (ESCAP) and the International Organization protection mechanisms for migrants in cross-border for Migration. The goal of the Thematic Working settings; strengthening capacity and legal framework Group is to support the Millennium Declaration in managing labour migration; enhancing social and the Millennium Development Goals in Asia and protection for migrants and their families; promoting the Pacific by examining the links between migration ethical recruitment and employment; strengthening and development. the return and reintegration support to migrants; and promoting the effective use of remittances. The report analyses migration issues through 10 country chapters and eight thematic chapters. The strength of the report is its discussion of labour The thematic chapters contain an analysis of migration trends in the Mekong subregion, including regional migration trends and issues from various the migration drivers. The report does not directly standpoints, including the environment and climate contribute to the body of knowledge on irregular change, gender, health, labour migration, policy and migration because the subjects of migrant smuggling international cooperation, protection of the rights of and irregular migration are only addressed to a migrant workers, refugees and stateless persons, and limited extent. remittances.

The report discusses the size of migration flows in Asia–Pacific RCM Thematic Working Group South and South-West Asia and posits that while on International Migration including Human the regions have large numbers of regular labour Trafficking. Situation Report on International migrants, they also have the largest irregular and Migration in South and South-West Asia: refugee populations in the world. These regions are Asia–Pacific RCM Thematic Working Group forced to constantly contend with the complexities and dynamics of a migration context involving on International Migration Including Human large populations of refugees or those in a refugee- Trafficking. 2011. like situation, large numbers of irregular migrants and large-scale human trafficking and migrant Key words smuggling. Afghanistan, Bangladesh, Nepal and Sri Afghanistan, Bangladesh, Bhutan, India, Iran, Lanka continue to be primarily countries of origin Maldives, Nepal, Pakistan, Sri Lanka, Turkey of migration in the region, while India, the Islamic Factors that fuel irregular migration, irregular Republic of Iran, Pakistan and Turkey are countries of migration, quantitative assessment origin and transit for regular and irregular migration,

10 An Annotated Bibliography

in addition to being countries of destination of The research methodology is not discussed but regular and irregular migration. appears to have consisted of an analysis of migrant smuggling offences and mandatory penalties for The report concludes that migration policies in migrant smugglers in Australia. the region should be gender-sensitive and take into consideration the specific needs of men and The article analyses the current sentencing principles women. The report suggests that countries of origin and practice associated with punishing migrant and host countries of migration should work more smugglers. The authors suggest that the current collaboratively to create a structure that facilitates legal position is unsound, that the penalties are safe migration and provides skills training to boost too severe and that the penalties are incapable the potential of migrant women. of achieving the principal objective of general deterrence. The authors argue for a reform of the The strength of the report is that it enhances the penalties for migrant smuggling and suggest that understanding of migration issues in South and such reform should consist of either abolishing the South-West Asia by providing comprehensive lengthy mandatory prison terms or, if the fixed term reference material on international migration to is maintained, reducing the minimum period of assist scholars, policy makers and practitioners. The imprisonment to somewhere in the range of three report provides detailed summaries of the migration months’ imprisonment. situation in each of the 10 targeted countries, including push-and-pull factors for irregular The authors also argue that the current Australian migration and quantitative estimates of the size of laws do not target the organizers of the smuggling the regular and irregular migration flows. Although journeys. They point out that the persons prosecuted the report’s conclusion is brief, the report makes in Australian courts are generally poor and illiterate recommendations throughout the body of the Indonesian fishermen who are exploited by the text on how migration systems and policies can be smuggling organizers. The offenders have no improved to benefit migrants and States. understanding of the possible consequences of their actions and there is no evidence that the laws are deterring other boat journeys to Australia. Bagaric, M. & Pathinayake, A. ‘Mandatory Harsh Penalties for People Smugglers in The article concludes that a three-year mandatory Australia: Time for Reform’. Journal of minimum non-parole term for the ‘garden-variety’ Criminal Law, vol. 76, No. 6, 2012, pp. 493– migrant smuggling offence is disproportionate to the 511. seriousness of the offence. The authors also argue that what is likely to deter migrant smugglers is not the Key words harshness of the penalty but the prospect of being apprehended and the knowledge that this will result Australia in some form of criminal punishment. Human and social costs of smuggling, irregular migration, smuggling The article provides insights into the subject of Research method mandatory penalties for migrant smugglers in Australia. Even though the offences discussed Unknown in the article relate specifically to Australia, the Summary principles discussed in the article have wide-ranging application. This article examines the subject of mandatory penalties for migrant smugglers in Australia. The authors argue that migrant smuggling offences in Australia carry long mandatory terms of Barker, C. The People Smugglers’ Business imprisonment and that the penalties are so severe Model. Canberra: Parliament of Australia, that many members of the judiciary in Australia have 2013. taken the unusual step of criticizing them.

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Key words stages of the supply chain between source countries Australia and destination countries, including Australia, Fees and payment for smuggling, modus operandi of points to the need for a more tailored and considered smuggling, routes, smuggling approach to migrant smuggling.

Research method The variety of business models employed by smuggling Qualitative organizers is based on their particular circumstances and the services sought by irregular migrants. Summary According to the article, smuggling networks appear This research paper examines the ‘business models’ to be widespread, migrant smuggling is primarily of migrant smugglers, particularly in the context of motivated by profit and migrant smuggling groups migrant smuggling to Australia. The author analysed are flexible and resilient. recent international research on migrant smuggling business models as well as relevant Australian case The strength of the article is that it draws on legal cases law to determine whether there is essentially one of smuggling to Australia to describe business models business model. The article brings together literature and subsequently determine tailored approaches to on smugglers’ business models to determine how combating migrant smuggling. The article makes a approaches to combating migrant smuggling can contribution to the body of knowledge on migrant best be tailored to the Australian context. smuggling through its discussion of those legal cases, which provide insights into the modus operandi of The article defines migrant smuggling according migrant smuggling to Australia as well as fees and to the UN Convention against Transnational payments for smuggling services. Organized Crime and the accompanying Smuggling of Migrants Protocol. The report does not define a smuggler’s business model but suggests that it Bloch, A., Sigona, N. & Zetter, R. includes such factors as an organization’s structure ‘Migration Routes and Strategies of Young and processes, how it interacts with competitors and Undocumented Migrants in England: A customers and how it ensures its profitability. Qualitative Perspective’. Ethnic and Racial Studies, vol. 34, No. 8, 2011, pp. 1286–1302. To collect information, the author conducted a review of recent literature on the subjects of migrant Key words smuggling and the business models of migrant Brazil, China, Turkey, Ukraine, United Kingdom, smugglers. The author also referred to Australian Zimbabwe migrant smuggling case law and recent migrant Factors that fuel irregular migration, profiles of smuggling cases in Australia. irregular migrants, smuggling

The examination of recent open-source research and Research method Australian case law revealed that there is no single Qualitative people smugglers’ business model to explain how migrant smugglers operate, either internationally or Summary in going to Australia. Certain themes are evident, This article examines why and how young migrants however, including the predominance of fluid go to the United Kingdom and the ways in which networks over more hierarchical organizations they enter the country. The article also considers the and the flexibility, adaptability and resilience of use of different immigration statuses, the role of the those involved. The author finds that the use of asylum system in migrants’ strategies and the extent the singular terms ‘the people smugglers’ business to which young migrants have agency in negotiating model’ or ‘the people smuggling business model’ the complex immigration regime. gives the impression of a homogeneous market for which a single measure or one-size-fits-all solution For data collection purposes, the researchers might exist. The author concludes that the reality of conducted in-depth qualitative interviews with a variety of business models operating at different

12 An Annotated Bibliography

75 undocumented migrants, including 35 women Through the analysis of interview data, the authors and 40 men, aged 18–31, living in Birmingham, provide a detailed account of the complex interplay London and Manchester or the surrounding areas of youth and other factors in shaping young in the United Kingdom. Interviews were carried undocumented migrants’ agency and the ways in out with 16 young migrants from Brazil, China or which they negotiate and move between different Zimbabwe, 14 interviews with Kurds from Turkey statuses in the context of increased immigration and 13 interviews with Ukrainians. The research controls. participants were accessed through a broad range of social networks and gatekeepers to ensure variety and diversity of migratory networks and experiences. Bonanno, G. ‘Development Dynamics in Interviews were carried out between July and the Greater Mekong Sub-Region: Trans- November 2008 by experienced field workers with boundary Routes of Human Insecurity’. relevant language fluency for each community. Greater Mekong Subregion Academic and Research Network International Journal, vol. The article examines the diversity between 6, No. 3, 2012, pp. 97–103. undocumented migration experiences and strategies as well as the motivations for irregular migration to Key words the United Kingdom. The researchers found that the Myanmar, Thailand discrimination that young Kurdish undocumented Factors that fuel irregular migration, smuggling migrants experienced as a minority group, such as police oppression and violence against them, and Research method their fear due to their political activities and views Qualitative were evident in their reasons for leaving. Avoiding military service was also an important reason to leave Summary for some of the young male research participants. This article examines how new development The researchers also found that the migratory dynamics in the Mekong subregion have prompted decisions of Chinese young people were much more an increase in migration for survival. The author economically motivated than the reasons among argues that the expansion of markets inevitably Zimbabweans and Kurds. For most of the research includes the internationalization of labour markets as participants, migration was led by a personal well, which fosters increased intraregional mobility. decision of the young person but was often taken in the context of economic considerations in relation to Data collection for the research involved analysis family and household circumstances. of official data published by the Mekong subregion countries on development and migration patterns and In looking at the modus operandi of migrant extensive field work activities. The author conducted smuggling into the United Kingdom, the researchers interviews, both officially and privately, particularly found that most of the Chinese undocumented in the northern part of the Mekong subregion, where migrants they met had entered the United Kingdom transborder migration and smuggling have been with forged documents or without any documents, occurring with high incidence. Through prolonged having employed the services of smugglers. and direct contact with the situation and with local people, the author collected raw data and first-hand The authors conclude that being undocumented impressions on events related to migration. The article intersects with migration and immigration responds to its guiding analytical questions: What is trajectories as well as the motivations and experiences happening in these cross-border communities? And of young migrants. Some groups tend to arrive in an what kind of new dynamics have emerged? Two case irregular way, notably Kurdish and Chinese migrants, studies are highlighted in the article: one on the whereas others arrive on visas with the intention of situation of Myanmar migrants along the Thailand– overstaying. The strategies used and the decisions Myanmar border at Mae Sot, Thailand and the other made by the young undocumented migrants directly on human trafficking and smuggling in the Mekong correlated with pre-migration experiences and the Delta region. These two case studies are used to prevailing situation in their country of origin.

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demonstrate the existing connections between the dominant narratives and thematic frames used transboundary issues, particularly those belonging to to contextualize and characterize Tamil refugees the sphere of illegality: irregular migration, human and to understand how the refugees were perceived trafficking and drug smuggling. and why they were understood in this manner. In particular, the authors analysed the coverage of the The author finds that transborder crimes are linked 2009 boat arrival of the Tamil refugees in several and that frequently smuggling, drug trafficking and prominent Canadian newspapers: the Toronto Star, human trafficking are phases of a single event, which The Vancouver Sun and the National Post. might start as economic migration but become human trafficking and drugs smuggling. The article Through their analysis, the authors identified a pattern also points out that a series of external factors, regarding Canada’s response to accepting maritime including globalization and the intervention of refugee arrivals, or ‘boat people’. The authors found the international community, alongside rapid local that Canadian newspapers relied heavily on terms of development, have led to interdependency between ‘illegality’ to describe the Tamil refugees. Links to smuggling and human trafficking. terrorism and infectious disease were highlighted, with the result that the media contributed to The strength of the article is the use of field data creating an image of refugees as “illegal” migrants to draw links between migrant smuggling and and criminals. The authors argue that this media human trafficking and other crimes. The article representation serves to legitimize the detention of demonstrates that, although there might be different the refugees and to establish the necessary political reasons behind the single issues, often they are closely environment in which the Canadian Government connected and influence one another. could usher in a controversial bill to reform Canada’s refugee system.

Bradimore, A. & Bauder, H. ‘Mystery Ships The authors conclude that the Canadian media and Risky Boat People: Tamil Refugee is intrinsincally linked to political processes in Migration in the Newsprint Media’. Canadian Canada and that this is potentially dangerous when Journal of Communication, vol. 36, No. 4, both media and political discourses are based on 2011, pp. 637–661. information that is biased and in which important facts are omitted and refugees’ voices are totally Key words silenced. Canada, Sri Lanka The strength of the article is that it contributes to Routes, smuggling scholarship on how refugees are racialized, securitized Research method and situated within a discourse of risk. The authors add to the body of knowledge on how international Qualitative media may contribute to practices of racialization, Summary subordination, immigrant exclusion and national identify formation. This article examines how the Canadian newsprint media portrayed a 2009 event in which 76 Tamil refugees arrived off the coast of Victoria, British Columbia. The authors reviewed articles published Cameron, M. ‘From “Queue Jumpers” to in several Canadian newspapers to identify issues of “Absolute Scum of the Earth”: Refugee and framing and representation and to understand how Organised Criminal Deviance in Australian Tamil refugees had been represented in the media. Asylum Policy’. Australian Journal of Politics They found a negative representation of the Tamil & History, vol. 59, No. 2, 2013, pp. 241–259. refugees, who were constructed as irregular migrants, terrorists and carriers of disease. Key words Australia The research involved an extensive review of Smuggling Canadian newsprint media. The authors investigated

14 An Annotated Bibliography

Research method used does not make a direct contribution to the body of Unknown knowledge on irregular migration or smuggling.

Summary This article discusses Australian asylum policy and Castles, S., Cubas, M., Kim, C. & Ozkul, D. representations of asylum seekers in recent decades. ‘Irregular Migration: Causes, Patterns and The author argues that the Australian Government Strategies’. Global Perspectives on Migration no longer uses the characteristics of asylum seekers and Development, I. Omelaniuk, ed., vol. 1, arriving by boat in Australia to represent them as a 2012. Netherlands: Springer, pp. 117–151. threat but, rather, it is the involvement of migrant smugglers. Key words Italy, Malaysia, Mexico, Republic of Korea, Turkey The research methodology is not explained, but it Factors that fuel irregular migration, irregular appears that the author reviewed the Australian migration Government policy on asylum seekers and Australian Government rhetoric on asylum seekers and migrant Research method smugglers. Unknown

The article presents the position that organized Summary crime and migrant-smuggling discourses serve This book chapter looks at the flows of irregular to externalize the asylum seeker ‘problem’ and migration across the globe as well as the motivations maintain punitive responses. The author argues that and strategies employed by irregular migrants punitive responses are more effectively maintained to reach destination countries. It also examines by the portrayal of migrant smugglers rather the policy responses of various States to irregular than asylum seekers as threatening because such a migration and highlights the flaws in these policies. portrayal appeals to a broader spectrum of voters. The authors advocate a more humane approach to It allows punitive policy responses to be presented irregular migration that safeguards the rights and as the culmination of international cooperation and legitimate interests of migrants and a shift in public fulfilment of international legal obligations, thus attitudes towards irregular migrants. obscuring the continued suffering of asylum seekers. The authors discuss the concepts of illegal, The author argues that sustainable regional policy undocumented, unauthorized and clandestine approaches should not be aimed at the eradication of migration. They argue that public perceptions of irregular migration and the transnational organized irregular migration have become highly politicized crime of migrant smuggling but should instead aim and that these terms are now value-laden and often to provide protection for those seeking asylum. negative. Effective protection in this context should involve the maintenance of adequate human rights protection The chapter discusses the national laws and regulations and efficient processing in transit countries and the that many States have introduced to restrict entry provision of greater opportunities for resettlement for asylum seekers, despite being signatories to the in destination countries. The author concludes that United Nations 1951 Refugee Convention and its until regional arrangements are modified and an 1967 Protocol. The authors argue that this creates approach based on protection rather than crime the paradox in which asylum seekers have a right to control is adopted in Australia and South-East Asia, apply for asylum but cannot enter a country legally to there is little hope that the treatment of asylum do so and therefore have to enter in an irregular way, seekers will improve. sometimes with the assistance of migrant smugglers. The authors also discuss globalization as a cause of The article provides insights into how asylum seeker irregular migration and argue that irregular migrants discourses serve to externalize the asylum seeker help provide the labour market flexibility central to ‘problem’ and maintain punitive policies. Because neoliberal globalization. the article focuses on the subject of discourse, it

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The chapter presents the position that many of Research method the strategies and measures adopted by States Qualitative and intergovernmental organizations to combat irregular migration are concerned with identifying, Summary apprehending, detaining and deporting irregular This article explores the mobilization and activities migrants. These strategies lead to violations of irregular migrant social movements in France of the human rights of migrants and can be and the United Kingdom. It analyses the impact counterproductive because they force migrants of irregular migration on conceptions of rights and underground and make them even more vulnerable citizenship and examines the role of mobilization by to exploitation and abuse by smugglers and irregular migrants and their supporters to stress the unscrupulous employers. The authors state that the importance of irregular migrants’ everyday struggle main cause of irregular migration is not disregard for existence. of regulations by migrants but rather the growth of inequality within and between countries and the The authors define an irregular migrant as someone failure of States to create adequate migration regimes who migrates for work purposes and has both entered to meet economic demand. They contend that and worked irregularly since arriving in a country; strategies to respond to irregular migration need to someone who migrated legally but subsequently lost address its fundamental causes while safeguarding the their permit of stay because their request for asylum rights and legitimate interests of irregular migrants. was rejected or finished their studies or their tourist The chapter discusses some recent practical responses visa expired; or someone who migrated irregularly to irregular migration, including assisted voluntary then requested asylum but was rejected and thus return and reintegration programmes, regional returned to irregularity. consultative processes and circular or temporary migration schemes. The research methodology is not discussed, but a quote from a Chinese irregular migrant in the article The authors also call for a fundamental change in suggests that the authors conducted interviews attitudes as an important step towards fairer and with irregular migrants in France and the United more effective migration policies. They argue that Kingdom for the research. The authors also analysed migration should be seen not as a threat to state interview data presented in other studies, in addition security but as a result of the human insecurity that to analysing the literature on irregular migration and arises through global inequality. irregular migrant social movements.

The chapter provides insights into the causes and The authors describe the mobilization of irregular flows of irregular migration and examines available migrants in France in the 1980s; for example, the data on irregular migration in various world regions. Turkish and Chinese irregular migrants in the Sentier Through the analysis of this information and the neighbourhood of Paris, who organized and went case studies on Italy, Malaysia, Mexico, Republic on hunger strike in reaction to Bonnet’s Circular of Korea and Turkey, the chapter contributes to the (which led to the large-scale forced deportation of body of knowledge on irregular migration. irregular migrants). They note that in the United Kingdom in 2007, a number of police raids occurred in Chinese restaurants in London’s Chinatown and Chimienti, M. & Solomos, J. ‘Social among enterprises that employed irregular migrant Movements of Irregular Migrants, Recognition cleaners. Chinese irregular migrants were mobilized and Citizenship’. Globalizations, vol. 8, No. as the result of a campaign that aimed to organize 3, 2011, pp. 343–360. low-paid workers in the London to secure better work conditions. These campaigns were led by Key words unions, community networks and faith institutions China, France, United Kingdom and involved all categories of workers, including Human and social costs of smuggling, irregular irregular ones for whom the main concern was migration with regularization. The authors argue that these cases highlight the ways in which irregular migrant

16 An Annotated Bibliography

mobilizations are often triggered by a specific The research methodology is not made explicit, but context, such as an event or action that is perceived it appears that the author conducted a review of as unjust and as creating subjective suffering. recent literature on migrant smuggling and human trafficking in China and a review of recent trafficking Through their analysis of recent irregular migrant and smuggling offences in and from China. mobilizations, the authors find that irregular migrants are not a uniform group and that their The article focuses its discussion on migrant social and economic rights vary according to the smuggling and human trafficking incidents in history of migration, the kinds of policies aimed at Fujian and Yunnan provinces and discusses China’s restricting migration and the demand for particular concentration of “human snakes”. The article also kinds of labour. The authors conclude that irregular examines the motivations for smuggled migrants migrant mobilizations have limited transformative to leave China, the costs for smuggling services and potential; however, the micro changes they provoke the modus operandi of smuggling networks. The may contribute to deeper social changes that can article draws parallels between migrant smuggling increase a society’s ability to coordinate its diversity. and human trafficking and suggests that the two phenomena involve the same criminal networks and Due to the analysis of interviews conducted means and often contribute to identical crimes and with irregular migrants, the article provides new social consequences. insights into the factors that fuel irregular migrant mobilizations in destination countries. The strength of the article is its discussion of the ‘snakehead’ network in China and the flows and routes of migrant smuggling and trafficking in Chu, C. ‘Human Trafficking and Smuggling persons from China to the United States, via Mexico in China’. Journal of Contemporary China, or Canada. The article also provides insights into the vol. 20, No. 68, 2011, pp. 39–52. response of the Chinese Government and NGOs to migrant smuggling and human trafficking and cites Key words recent interagency collaborative efforts between, for Canada, China, Mexico, United States of America example, the Chinese Government and international Factors that fuel irregular migration, fees and organizations, such as the International Labour payments for smuggling, modus operandi of Organization. smuggling, smuggling

Research method Crouch, M. & Missbach, A. Trials of People Smugglers in Indonesia: 2007–2012. Melbourne, Unknown Australia: Centre for Indonesian Law, Islam and Society, 2013, pp. 1–54. Summary This article examines the causes, nature and impact Key words of human trafficking and migrant smuggling on Australia, Indonesia Chinese citizens, paying special attention to the two Profiles of smuggled migrants, profiles of smugglers, most seriously affected Chinese provinces—Fujian routes, smuggling and Yunnan. It also discusses the efforts by both the Chinese authorities and international and domestic Research method non-government organizations to combat migrant Qualitative smuggling and human trafficking. Summary The article discusses the concepts of migrant This paper looks at how the contemporary Indonesian smuggling and human trafficking in relation to the legal system is dealing with migrant smuggling. It UN Convention against Transnational Organized presents the findings of a survey of court cases from Crime, the Trafficking in Persons Protocol and the May 2011 to December 2012, which was the first Smuggling of Migrants Protocol. 18 months of implementation of Indonesian Law

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6/2011 on Immigration. The paper cites patterns Through the survey of migrant smuggling cases and in court cases in terms of the location of people analysis of Indonesian law on migrant smuggling, the smuggling operations, profiles of the accused, the paper provides insights into the profiles of smuggled criminal charges laid against them and the severity migrants and migrant smugglers, migrant smuggling of penalties handed down by the courts. flows and routes, fees paid for smuggling and the modus operandi of smuggling. It also highlights For the study, the authors conducted an extensive good practices in cooperation and legislative reform survey of migrant smuggling cases, which are listed on migrant smuggling. in the appendix to the paper. The authors looked for patterns in migrant smuggling cases being brought before the courts to demonstrate that some judges David, F. ‘Organised Crime and Trafficking and prosecutors have disregarded the new penalty in Persons’. Trends and Issues in Crime and range of 5–15 years of imprisonment stipulated by Criminal Justice, No. 436, 2012, pp. 1–12. article 120(1) of Law 6/2011 on Immigration. Key words The paper provides a brief overview of the Indonesian Australia legislative framework as it addresses migrant Concepts, profiles of smuggled migrants, profiles of smuggling and highlights the changes that have smugglers, smuggling taken place. It considers arrests and prosecutions for various criminal offences of migrant smugglers Research method between 2007 and 2011, prior to legislative reform. Qualitative It highlights trends in cases brought to the courts after the reforms of May 2011 and December 2012. Summary It concludes its illustration of the implementation This article reviews the existing research on the of Law 6/2011 by analysing the Trenggalek Case, organization of human trafficking and migrant in which seven people, including four military smuggling internationally and, in particular, in officers, were tried and convicted for the offence of Australia. The article highlights key concepts related migrant smuggling. The authors argue that this case to organized crime in relation to the trafficking of is important because it was the first time military persons and migrant smuggling. personnel were convicted for such an offence, and it demonstrates the potential of the law to address The article adopts the terminology of ‘trafficking in complicity in migrant smuggling by law enforcement persons’ and ‘smuggling of migrants’ as defined in the and government agencies. Trafficking in Persons Protocol and the Smuggling of Migrants Protocol. The article posits that migrant The paper concludes that it is imperative that smuggling is a related but distinct legal concept to efforts to increase cooperation with Indonesia in trafficking in persons. Although the article focuses terms of law enforcement take into consideration on trafficking in persons and the extent to which the important legal reforms that have taken place organized criminal groups are involved, it also in addition to the recent increase in prosecutions. discusses the intersection of human trafficking and The authors argue that such efforts must go beyond migrant smuggling. a focus on how many people are prosecuted to consider programmes that will address the issue of The author reviewed Australian and international who is being convicted for migrant smuggling and literature to locate sources that seek to examine the how the cases are dealt with by the courts. The people and processes involved in human trafficking. paper also concludes that any efforts to increase the The review involved a keyword search of three social scope and depth of cooperation between Australia science bibliographic databases and two EndNote and Indonesia must take into account the progress libraries. Following a review of the content of the made by law enforcement agencies in prosecuting sources picked out by the initial search, sources migrant smugglers in Indonesian courts as well as were included in the literature review for the article the challenges they confront. if they were published in or after 2000, reported findings from primary research and shed light on the

18 An Annotated Bibliography

organization of human trafficking, the motivations protection. The term ‘asylum seeker’ is used only for of offenders and the intersections between human those individuals who have lodged an asylum claim. trafficking and other forms of criminality, such as migrant smuggling or drug smuggling. Data collection for the study took place over a six-month period between December 2012 and The article discusses the findings from the literature May 2013. The author conducted semi-structured review and examines several themes, including interviews to confirm and expand on the available organized crime, organized crime models, the literature on Afghan irregular migration. Interviews concept of financial or other benefit and the were conducted with the presidents of two Afghan relationship between migrant smuggling and human associations that are active in Athens as well as with trafficking. The article concludes that the Australian agencies that monitor irregular entry and exit from and international literature note an intersection Greece, such as the police and Frontex. In addition, between the services provided by intermediaries interviews were conducted with organizations in the migration process, such as the provision involved with protection and access to asylum, such of recruitment and migration services, and those as the UN High Commissioner for Refugees office in involved in human trafficking. According to the Greece and the Greek Ombudsman. author, this suggests a potential overlap between at least some forms of migrant smuggling, such as visa The report explains that although Pakistan and fraud, and human trafficking. Iran have historically welcomed Afghan refugees and provided them with access to education and The strength of the article is its discussion of the health care, due to the ongoing influx of Afghans areas of intersection between human trafficking and into their territories, Pakistan and Iran have both, migrant smuggling. in recent years, created measures to combat Afghan irregular migration. As a result, Afghan migrants are turning to new destinations, aware of the changes Dimitriadi, A. Migration from Afghanistan to taking place in the reception and hosting policies Third Countries and Greece. Athens: IRMA, of traditionally preferred destination countries. The 2013. report points out that new Afghan migrant flows are mixed in nature—they include Afghans who are Key words migrating for the first time in search of protection, Afghanistan, Greece, Iran, Pakistan security or even financial reasons and refugees from Factors that fuel irregular migration, human and Pakistan and Iran of second and/or third generations social costs of smuggling, modus operandi of who can neither remain in their hosting countries smuggling, routes, smuggling nor return to Afghanistan.

Research method The author examines the routes taken by irregular Qualitative migrants through Greece as a transit country to the European Union. The author contends that the routes Summary are partly determined by the points of departure and This research report discusses irregular migration geography. For example, those Afghan migrants from Afghanistan to Iran, Pakistan and through who depart from the southern and eastern parts of Greece to the European Union. It examines the Afghanistan tend to enter Pakistan first, whereas reasons for migration and explores the composition those situated in the western areas tend to travel to of asylum seeker and irregular migrant arrivals in Iran. The author highlights the dangers associated Greece. with the journeys and argues that the passage in both cases is difficult—from the Pakistani side because of The author explains that because the migrants studied the mountains of the Hindu Kush that those entering for the research were considered a mixed migrant from the North-East will encounter and also because group and for reasons of convenience the report uses of the desert and steppes for those heading to the the generic term ‘migrant’ to refer to refugees and south-western end, towards Iran. persons in need of subsidiary and/or humanitarian

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The report also describes how Greece, in response Summary to the rapid increase in irregular migrants transiting This book chapter covers the emergence of the its territory, has sought EU assistance to protect regional and interregional governance of irregular its borders from unwanted irregular migrants. migration in the context of Europe and the Americas. In response to the new border protection efforts, The chapter argues that the focus of the emerging there has been a dramatic drop in apprehensions of governance has been predominantly on security, irregular migrants over the past two years. However, to the detriment of the human rights of irregular the author suggests that while EU cooperation on migrants. preventing irregular migration has improved and irregular migrant numbers have decreased, reduced The author discusses the concepts of irregular numbers do not mean that immigrants have stopped migration and illegal migration. ‘Illegal migration’ is trying to enter Greece. defined as clandestine entry, overstaying or irregular employment. It covers serious offences, such as The report concludes that, due to existing immigration falsifying documents. According to the author, policies, a fragmented asylum system, racist violence, irregular migration is often conflated with refugees, social exclusion and the economic crisis, Greece is asylum seekers, migrant smuggling and human not considered a country of destination for Afghan trafficking. asylum seekers and irregular migrants but merely a country of transit. Difficulties in finding residence in The research methodology is not explicitly discussed Greece and achieving integration have even led those but appears to have consisted of a review of recent who have received the much-sought-after refugee policy developments in Europe and the Americas on status or residency permit to consider migrating to irregular migration. another EU Member State. The author points out that, simultaneously, leaving Greece is becoming The chapter explains that, despite the development of harder for irregular migrants, with intensification of an array of new policy initiatives to combat irregular checks at major ports and airports. The result is the migration, the number of irregular migrants has not emergence of an Afghan migrant population that is decreased. Looking specifically at the Americas, the urged to return ‘home’, even if that home is unsafe chapter notes that immigration policies have had or it has been many years since the migrants have little or even no discernible effect on the overall flow seen their country of origin. of migrants who enter a country illegally and, instead, have had significant unintended consequences, Through the collection and analysis of qualitative such as the settlement and constant increase of the information on irregular migration from irregular immigrant population in the United States. Afghanistan, the report makes a contribution to the body of knowledge on Afghan irregular migration, The chapter finds that the dynamics of regionalization the motivations for leaving and the routes taken to processes in the field of irregular migration are various EU countries. complex. A number of patterns are identified: a receiving country approaches a transit or sending country, arguing that they have an irregular migration Duvell, F. ‘Irregular Migration’. In Global problem because the other country does not properly Migration Governance. Oxford: Oxford secure its borders; the International Organization for University Press, 2011. Migration or another actor explains to a government that it has a problem with irregular migration; or Key words a transit or receiving country believes that it has United States of America problems with irregular migration and invites others Concepts, factors that fuel irregular migration, to address the issue. irregular migration The chapter concludes that the governance of Research method irregular migration combines a number of paradigms Unknown that aim at the prevention of irregular migration, at frustrating irregular migrants’ journeys and their

20 An Annotated Bibliography

return home. The author concludes that these it sketches the definitions, types, patterns and controls lead irregular migrants to cross international geographies of irregular migration in Europe. Third, borders in increasingly hazardous ways, which raises it considers EU and regional policies, politics and important ethical issues for such policies. institutions as well as operations and resources that address irregular migration. It concludes with The chapter makes a contribution to the body a discussion of the impact of the global economic of knowledge on irregular migration through its crises and recent political upheaval on the irregular analysis of irregular migration and migration policy migration phenomenon. development in the two case study regions. The paper also examines the different types of geographies of irregular migration in Europe and Duvell, F. & Vollmer, B. European Security countries or regions of origin; routes of (irregular) Challenges. Oxford, UK: Centre on Migration, migration towards the European Union; hubs of Policy and Society, University of Oxford, clandestine migrants, transit migration and points 2011. of entry; onward migration within the European Union; and countries of destination. It identifies Key words four quadrants of transit migration: the Eastern Algeria, Azerbaijan, Belarus, Bulgaria, Cyprus, quadrant (Russia, Ukraine, Belarus, Azerbaijan), Egypt, Greece, Hungary, Italy, Libya, Mali, Malta, the South-East European quadrant (Turkey, Syria, Mauritania, Morocco, Niger, Poland, Russia, Cyprus, the Balkans), the Central Mediterranean Slovakia , Spain, Syria, Tunisia, Turkey, Ukraine quadrant (Mali, Niger, Libya, Tunisia) and the Factors that fuel irregular migration, irregular Western Mediterranean and Atlantic quadrant migration (Morocco, Algeria, Mauritania). The article also identifies a number of key routes, including from Research method sub-Saharan or West Africa towards Cape Verde, Unknown Canary Islands and/or Morocco towards Spain; from sub-Saharan, East and West Africa via Libya and the Summary Central Mediterranean Sea towards Malta and Italy; This paper discusses the scope of migration in the from sub-Saharan, East and West Africa and from European Union, the various types of migrants, Central and South Asia through Turkey to Greece including regular and irregular immigrants and and sometimes to Bulgaria; from West and East asylum seekers, as well as the routes and methods of Africa and from Central, South and South-East Asia irregular migration. through Russia and Ukraine to Hungary, Slovakia and Poland. Other minor routes are also described, The paper addresses the concept of illegal stay. It such as the route from Turkey to Cyprus and from references EU law on its definition of ‘illegal stay’, Egypt to Greece and Italy and through the Balkans. defining it as the presence on the territory of a Member State of a third-country national who does The paper concludes with a discussion of various not fulfil or no longer fulfils the conditions of entry irregular migration controls. It criticizes the theory as set out in article 5 of the Schengen Borders Code that a decrease of irregular migration flows implies or other conditions for entry, stay or residence in that integrated policies, concerted actions and that country. technological advances have a substantial impact on irregular migration and deter migrants and smugglers The research methodology is not discussed but from continuing to use certain routes. The author appears to have involved an extensive review of concludes that individuals who are committed to irregular migration literature, policies and statistics. irregular migration and who have the resources to afford smugglers will eventually manage to overcome The paper first discusses the different types of the controls. migration to the European Union, including irregular migrants and asylum seekers. Second, The strength of the paper is its discussion of the various routes of irregular migration and the modus operandi of migrant smuggling to Europe.

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Düvell, F. ‘Irregular Immigration, Economics Düvell, F. ‘Transit Migration: A Blurred and and Politics’. DICE Report, vol. 9, No. 3), Politicised Concept’. Population, Space and 2011, pp. 60–67. Place, vol. 18, No. 4, 2012, pp. 415–427.

Key words Key words Factors that fuel irregular migration, irregular Iraq, Turkey migration Concepts, irregular migration

Research method Research method Unknown Unknown

Summary Summary This article discusses irregular migration from a This article examines the concept of transit global perspective. It argues that there are numerous migration and argues that this term is a blurred and benefits to irregular migration, including its highly politicized concept that merits further critical contribution to economies of scale and increased analysis. domestic product. According to the author, the emergence of the The research methodology is not discussed, but concept of transit migration is closely related to it appears to have consisted of a review of recent political motivations and it is often negatively literature on irregular migration, including the connoted and highly politicized. As well, the way author’s previous research publications. the concept is applied by some supranational, international and intergovernmental organizations is The article discusses how a number of combinations often grossly simplified and misleading. of regularity and irregularity are possible and demonstrates these in a table. This discussion and The research methodology is not discussed but the corresponding table are used to support the appears to have consisted of a review of recent author’s argument that there are several types of literature on transit migration and a review of irregular migration and that one form can lead to international and regional policies and processes another. The author concludes that ‘irregularity’ is designed to curb transit migration. not a clear-cut category. The article first addresses the question of the The author finds that few irregular immigrants live emergence and construction of the concept of an ‘underground life’. Rather, they generally live in transit migration and the political framework and the midst of societies but are almost unrecognizable. discourses that brought about this concept. It then The author points out that irregular migration can proceeds to analyse how the transit migration term contribute to economies of scale, larger domestic reinforces the European Union’s efforts to externalize markets, higher gross domestic product values and its migration policy and integrate non-EU countries an enriched and more dynamic environment. The into a comprehensive migration control policy. The author argues that irregular migration is, in fact, an article critically analyses the causes and conditions alternative to closing down or outsourcing and helps of transit migration, describes transit migration to maintain industries and protect indigenous jobs. geography and discusses some methodological and analytical pitfalls and difficulties of researching The strength of the article lies in its discussion of the transit migration. variations of irregular migration and its argument that irregular migration is not necessarily the burden The article also examines “alarmist” figures on transit to societies that it has been presented as in recent migration that have been published since the 1990s. literature. The author finds that the blurred and politicized concept of transit migration, combined with the alarmist figures on transit migration, has led to the increasingly militarized control of land and sea borders.

22 An Annotated Bibliography

The strength of the article is that it illustrates the Netherlands, although the Dutch authorities have sometimes inappropriate use of the concepts of recently taken steps to combat those flows. Many transit migration, transit migrants and transit immigrants begin their trip through South America countries. It demonstrates that what is considered in the Pacific coast nations of Colombia, Ecuador transit migration often is not or is a simplified, biased or Peru. Nationals crossing through the southern and misleading expression of the types of migration border of Mexico enter mainly at Frontera Corozal, at stake. Because the article focuses on a conceptual in the state of Chiapas, into Tapachula, where exploration of transit migration, it does not make there is a sizable ethnic Chinese community. They a direct contribution to the body of knowledge on then journey by train to the Atlantic coast through irregular migration. territory controlled by Los Zetas. Separately, Chinese migrants enter directly from Asia, passing through ports on the Mexican Pacific coast. Ellis, R. E. ‘Chinese Organized Crime in Latin America’. PRISM, vol. 4, No. 1, 2013, The article argues that part of the worrisome pp. 65–77. dynamic created by illicit flows is the opportunities for interaction they create between the mafias linked Key words to China, such as the Red Dragon, which manage Canada, China, Colombia, Ecuador, Mexico, the journeys of these immigrants, and the Latin Netherlands, Peru, Suriname, United States of American–based criminal groups that control the America territory through which they pass, such as Mexico- Routes, smuggling based transnational criminal organizations.

Research method The article concludes that Latin American law Unknown enforcement is unprepared to meet the challenge of increasing criminal ties between the two regions. Summary The author recommends collaboration on organized This article examines four current domains crime among the United States, China and the of criminal activity between China and Latin countries of Latin America as an important vehicle America—the extortion of Chinese communities for building confidence and capacity to combat in Latin America, trafficking in persons from China criminal activity, such as irregular migration and through Latin America into the United States or migrant smuggling. Canada, trafficking in narcotics and precursor chemicals and trafficking in contraband goods. The The strength of the article is its discussion of the section on trafficking in persons from China through routes taken by Chinese smuggled migrants to South Latin America into the United States or Canada America. Due to the brevity of its discussion and its also looks at migrant smuggling from China to the focus on a number of elements of organized crime, same destination countries and provides a brief but the article does not make a direct contribution to the informative synopsis of the typical routes and modus body of knowledge on migrant smuggling. operandi of migrant smuggling.

The research methodology is not discussed. It appears Ensor, M. & Gozdziak, E. Children and the author reviewed recent literature on trafficking Migration. Basingstoke, UK: Palgrave in persons and migrant smuggling, analysed recent Macmillan, 2010. migrant smuggling events and cases and analysed States’ border control policies in response to migrant Key words smuggling. Canada Irregular migration, smuggling According to the research, there are a number of routes of migrant smuggling to Europe and different Research method parts of South America. In the case of Suriname, Mixed for example, many immigrants travel through the

23 Migrant Smuggling in Asia

Summary year in which they arrived, their countries of origin, This book discusses various aspects of child the type of transportation used and whether they migration, including irregular migration and migrant entered through unauthorized means. smuggling, and explores the crossroads of challenges and opportunities in the field of child migration. The chapters in the book address theoretical, It also revisits key terms to search for conceptual methodological and ethical considerations of frameworks and research strategies that would research with migrant children and examine aspects enhance the understanding of the multifaceted of health, education and gender issues as well as the nature of child migration. The book also examines special circumstances presented by forced migration. the vulnerability and agency of migrant children as A common thread that unifies the chapters is the well as emerging trends in policy and practice related understanding that conceptualizations of childhood to child migrants. and acceptable roles for children at different ages vary over gender, class and space and need to be examined The book defines ‘children in migration’ as referring from both local and global perspectives. to, often uncritically, a variety of circumstances in which children find themselves with increasing The strength of the book is its examination of frequency—child refugees, asylum seekers, migrating children’s vulnerability and agency in the unaccompanied minors, trafficked children, children migration process. The chapter on unaccompanied displaced by disaster, street children and economic migrant children in Canada provides information child migrants. The book defines migrant smuggling regarding the modus operandi of smuggling. according to the Smuggling of Migrants Protocol.

Much of the research presented in the book is Espenilla, J. J. F. ‘Injustice Ignored: A Case qualitative and ethnographic in nature, seeking to Study of the Irregular Sea Migration of the trace movements of children and understand the Rohingyan Boat People’. Asia Europe Journal, experience of migration from their perspective. vol. 8, No. 1, 2010, pp. 45–59. A few chapters also draw on quantitative surveys carried out in source and destination countries. Key words India, Indonesia, Malaysia, Myanmar, Thailand The essays in the book are organized into four themes. Irregular migration, routes, smuggling In the first section, the writings address the issues of research, voice and representation. In the second Research method section, the role of policy, legal provisions and human Unknown rights frameworks in shaping the lives of migrant children are explored. The third section of the book Summary examines questions of practice, coping and agency. This article examines the irregular sea migration The fourth section looks at the numerous push-and- of Rohingya Muslims who flee from Myanmar to pull factors that lead to unaccompanied children escape state-sponsored persecution. Reflecting on being forced to migrate. The fifth section examines the recent deaths of thousands of Rohingya Muslims child migration as a search for better opportunities. who sought protection in neighbouring countries, In the final chapter, lessons from the case studies of such as Thailand, Malaysia, and Indonesia, the child migration around the world are explored for author analyses the question of States’ right to border research gaps and to make recommendations for control via their obligations to irregular sea migrants improving child protection policies and practices. under the UN Convention on the Law of the Sea, the International Convention on Maritime Search and One chapter in particular examines the subject of Rescue, the International Convention for the Safety migrant smuggling—Unaccompanied Minors at of Life at Sea, the Refugee Convention and various the Crossroads in British Columbia: Migration and other international human rights instruments. Trafficking. This chapter discusses the minors who came under the care of the Migrant Services Program in Canada between 1991 and 2005, including the

24 An Annotated Bibliography

The article examines the plight of the Rohingya Financial Action Task Force. Money refugees of Myanmar and Asian States’ responses, in Laundering Risks Arising from Trafficking in particular, the cases of Thailand, Malaysia, Indonesia Human Beings and Smuggling of Migrants. and India’s Andaman Islands. The article describes Paris: Financial Action Task Force, 2011. how Thailand has adopted a number of draconian measures to prevent Rohingya refugees arriving on Key words Thailand’s shores, including pre-border interception Human and social costs of smuggling, smuggling and a highly criticized boat ‘push back’ policy. The author notes that in the case of Malaysia, there is no Research method asylum system, and even if Rohingyas were granted Qualitative refugee status, under Malaysia’s general immigration law, they are not distinguished from other Summary undocumented workers and are, rather, considered as This report reflects a study of the money laundering migrants who entered the country “illegally” and thus risks arising from trafficking in persons and migrant face the constant threat of deportation. Indonesia smuggling. It assesses the scale of the money has also denied the right of asylum to Rohingyas. laundering problem, presents trends in human The author explains that Rohingya men, rescued trafficking and migrant smuggling, trends in money by the Indonesian Coast Guard, were transferred to laundering (from case studies) and discusses the Bangladesh following a prolonged detention at naval possibility of locating and confiscating the proceeds camps on the northern part of the archipelago. In from human trafficking and migrant smuggling. the case of India’s Andaman Islands, Indian officials have been lax in monitoring the organized migrant Migrant smuggling is defined in the report within the smuggling operations in their territory. definition provided by the Smuggling of Migrants Protocol. The author concludes that Rohingya refugees are not treated as refugees who must be accorded protection In preparing the report, the project team drew on but are considered undesirable aliens who are to be literature and initiatives from the Financial Action prevented entry into various States’ territory through Task Force and the Asia/Pacific Group on Money pre-border interception or are to be repatriated back Laundering. The researchers also analysed reports to their country of origin. produced by international organizations, such as the United Nations Office on Drug and Crime and The article advocates a paradigm shift from the Organization for Security and Co-operation individual state responsibility to regional burden in Europe, and research initiatives undertaken by sharing. Countries in the region must make an individual jurisdictions either jointly or separately effort to establish systematic refugee identification or by NGOs and the private sector. The project processes as well as an effective appeals system. team also developed a comprehensive questionnaire The author also suggests that national programmes that was distributed to Financial Action Task Force for the integration of Rohingya refugees should members and observers, which resulted in 52 be advanced and that there must be a renewed responses. commitment by South and South-East Asian States to ratify the various international legal instruments, The report describes the main trends detected particularly the 1951 Refugee Convention and the for money laundering that are similar to those of 1976 Protocol. other offences, including the use of cash-intensive businesses, money service businesses, hawala The strength of the article is its analysis of how (informal banking) systems, cash couriers, front Rohingya refugees are turned into “illegal” companies, the commingling of funds, aliases, straw immigrants by the countries to which they seek men and false documents. Investments in real estate, refuge. The author highlights the poor treatment of in cars or in supporting a lifestyle were also most Rohingya refugees who are unable to claim asylum frequently reported. in Asian States because they are effectively blocked from landing or repatriated to their home country.

25 Migrant Smuggling in Asia

The study found a lack of adequate information performing border security work in the Riau Islands about the number of persons being trafficked and of Indonesia. The authors focus on GAT to build smuggled and that there is even less information on the knowledge of emerging modes of non-state about the income generated by these activities and involvement in border regulation. how it is laundered. The report discusses region- specific trends and distinctions that can be drawn For the study, the authors conducted interviews among countries of origin, transit and destination. with GAT staff to create a case study of the NGO’s The criminals involved in human trafficking and operations. migrant smuggling are particularly engaged in the handling of and movement of cash. According to the The article discusses how, since the UN Convention report, there are links between trafficking in persons against Transnational Organized Crime, Indonesia’s and migrant smuggling and other forms of organized national and local authorities have been under crime. immense pressure from the international community to develop and implement programmes that address The report identifies several challenges, in particular border security concerns. The authors found that in limited international cooperation and the much of the groundwork for both government and difficulty to detect funds and gather evidence. The international initiatives is performed by NGOs. report concludes that a number of issues require The article suggests that most of these NGOs work further consideration, including the need for to locate and assist repatriated migrant workers more data and the need for more focus on money or victims of trafficking; however, in the case of laundering rather than the predicate crime itself. GAT, the NGO has gone far beyond this kind of The effective pursuit of money laundering activity identification and protection work by developing a from human trafficking and migrant smuggling will system to apprehend undocumented labour migrants require cooperation among all relevant agencies. who use the services of migrant smugglers to return to Indonesia without passing through immigration. The strength of the report is in its discussion of migrant smuggling trends, including countries The authors describe the work of GAT, including of origin, and analysis of the scale of the migrant its involvement in monitoring labour-sending smuggling problem. The report provides new insights, companies in Batam island and identifying trafficking through the analysis of questionnaire responses, into cases in the flows of irregular migrants returning the question of where money laundering is occurring through unofficial routes to Batam. The authors also and what form it is taking. describe how, with the assistance of villagers who report the arrival of irregular migrants, GAT staff facilitate the processing of these arrivals. They collect Ford, M. & Lyons, L. ‘Outsourcing the names and birth dates of the returnees and send Border Security: NGO Involvement in the this information to relevant government offices in Monitoring, Processing and Assistance of the Riau Islands every three months. The article Indonesian Nationals Returning Illegally by examines GAT’s other border security activities, Sea’. Contemporary Southeast Asia, vol. 35, such as performing a kind of ‘customs check’ on all arrivals to detect contraband goods (such as illicit No. 2, 2013, pp. 215–34. drugs and weapons). GAT also collects fingerprint data to compare with biometric data contained in Key words passports and other documents for the purpose of Indonesia gathering information on the number of times an Irregular migration, smuggling individual crosses the border illegally, whether he or she possesses a valid passport and where the passport Research method was issued. Qualitative The article argues that GAT’s main aim in processing Summary the arrival of returnees is to facilitate their return This article considers the role of the Indonesian to their provinces of origin, thus bringing the NGO Gerakan Anti-Trafficking (GAT) in

26 An Annotated Bibliography

undocumented migrants back into the very system discusses irregular migration to various Asia–Pacific they had sought to avoid by entering Indonesia countries as well as state policies and responses to illegally. irregular migration.

Even though there is some cooperation between The chapters explore the developments of regional GAT and the Ministry of Social Welfare, the state arrangements in Asia and the Pacific that deal with functionaries most closely involved in policing the refugees and other displaced persons. The early border have chosen not to act on the information chapters examine the Refugee Convention and the GAT passes on to them. The authors conclude equitable sharing of responsibilities for refugees, the that, although undoubtedly novel, GAT’s activities role of civil society in the fight for refugee rights in ultimately neither support the activities of the State the region and existing protection mechanisms for nor challenge the legitimacy and efficacy of its border refugees in South-East Asia. Other chapters focus on protocols. refugee protection in specific countries, including China, Hong Kong (China), Indonesia and Malaysia. The strength of the article is that the GAT case The final chapters address the issue of Australia’s study provides an interesting example for reflecting anxieties regarding migrant smuggling, the situation on the role of non-state actors in border control in of internally displaced persons in northern Thailand Indonesia. The case study is also useful for examining and the international regulation of persons displaced the extent to which the activities of NGOs support by climate change. government regulation or challenge the legitimacy and efficacy of state regulation of borders more The book seeks to respond to a number of important generally. questions regarding refugee issues for Asia–Pacific States. For example, why should the Asia–Pacific States seek regional solutions to refugee flows? What Francis, A. & Maguire, R. Protection of should this kind of regional agreement look like? Refugees and Displaced Persons in the Asia What lessons can the Asia–Pacific region learn from Pacific Region. Farnham, UK: Ashgate other regions of the world? What role can civil society Publishing Ltd, 2013. take in refugee protection? To respond to these questions, the chapters take stock of regional and Key words global developments and explore the historical and Australia, Bangladesh, China, Hong Kong (China), political environment for the reception of protection Indonesia, Malaysia, Myanmar, Thailand norms in the Asia–Pacific region. They assess the Factors that fuel irregular migration, irregular challenges confronting the implementation of migration, routes, smuggling international refugee law in the region as well as the new opportunities for extending protection norms Research method into national and regional dialogues. The chapters Qualitative also explore how protracted refugee situations in the region have been handled. The book draws parallels Summary between the refugee issues within the Asia–Pacific This book examines the development and region and other regions. enforcement of international refugee protection standards in the Asia–Pacific region. It presents a The strength of the book is that it raises critical number of case studies and provides a comparative questions regarding the protection of refugees and analysis of refugee protection provisions in Australia, other displaced persons for the Asia–Pacific region. Bangladesh, China, Indonesia, Malaysia, Myanmar It examines the links between different people and Thailand. The chapters assess the challenges movements, including refugees, irregular migrants confronting the implementation of international and smuggled migrants. It provides insights into the refugee protection law in the region and highlight challenges confronting the protection of refugees and opportunities for extending protection norms into displaced persons and provides recommendations on national and regional dialogues. Although the book the way forward. focuses on the question of refugee protection, it also

27 Migrant Smuggling in Asia

Frontex. Unaccompanied Minors in the the nationality of the minors. For example, those Migration Process. Warsaw, 2010. from Afghanistan, Iraqi and Iran favoured the land route towards the European Union, crossing Turkey Key words in small groups with adults. They then entered Afghanistan, Brazil, China, Greece, India, Iraq, through the Greek sea or land borders. Minors Nigeria, Sri Lanka, Somalia, Viet Nam from Brazil, China, India, Sri Lanka and Viet Nam Factors that fuel irregular migration, irregular travelled by air using false documentation or/and migration, routes, smuggling false pretences as organized groups, students or for reasons of family reunification. Research method Mixed The report also discusses the push-and-pull factors, finding that unaccompanied minors claiming Summary asylum are pulled by the prospects of employment This report explores the phenomenon of in destination regions and the perceived level of unaccompanied minors claiming asylum in the social welfare and protection offered by a Member European Union. State. They are also drawn to already-settled family, relatives or clan members. The report is the result of the European Commission’s request to Frontex to launch a fact-finding study to The report concludes that smuggled children are assess the situation of unaccompanied minors arriving much more likely to become victims of sexual, irregularly in the European Union. Frontex was economic and/or criminal exploitation. Family asked to include a separate paragraph on vulnerable members are sometimes among the exploiters who groups and to assess the modalities of this migration take advantage of the children. The authors argue and the weaknesses it exploits. The backbone of the that unaccompanied minors constitute a sensitive study consisted of EU Member States’ replies to a population that should be more efficiently protected questionnaire on unaccompanied minors claiming from any form of abuse. asylum, sent out from the Centre for Information, Discussion and Exchange on the Crossing of Borders Through analysis of the data collected through the and Immigration in the second half of 2009. The questionnaire on unaccompanied minors claiming questionnaire collected information on: trends, asylum, the report provides new information on modus operandi, pull factors, profiles of victims, irregular migration trends and profiles of irregular unaccompanied minors who do not apply for asylum, minors and highlights the major problems disappearance of unaccompanied minors, preventive associated with managing the irregular migration of measures, return to countries of origin and major unaccompanied minors. challenges in protecting unaccompanied minors. The data integrated and evaluated in the report was collected through the questionnaire as well as in- Ganguly-Scrase, R. & Sheridan, L. house resources and fact-finding missions to partner ‘Dispossession, Human Security, and organizations and countries of interest. The initial Undocumented Migration: Narrative data set was also complemented with statistics from Accounts of Afghan and Sri Lankan Tamil the European Migration Network. Asylum Seekers’. Wollongong, Australia: University of Wollongong Research Online, According to the report, an estimated 15,700 2012. unaccompanied minors sought asylum in the European Union in 2008; the top-five nationalities Key words among them were Afghans, Iraqis, Somalis, Indians Afghanistan, Australia, Sri Lanka and Nigerians. They were mainly young males, aged Factors that fuel irregular migration, profiles of 16–17. smuggled migrants, routes, smuggling The report explains that the smuggling routes, modus operandi and the kind of facilitation vary according

28 An Annotated Bibliography

Research method Ghosh, B. The Global Economic Crisis and Qualitative Migration—Where Do We Go From Here? Geneva: International Organization for Summary Migration, 2010. This article provides a narrative account of the migrant smuggling experiences of Afghan and Sri Key words Lankan Tamil asylum seekers. Through the voices of Factors that fuel irregular migration, irregular the asylum seekers, it provides analysis of Afghans’ migration and Sri Lankan Tamils’ experiences of the asylum seeker application process, their frustrations with Research method used the legal migration processes and their decisions to Qualitative resort to migrant smuggling. Summary To understand the complex decision-making This book explores the global recession’s impact processes of internally displaced people intending on migration policies and patterns. It discusses to travel via undocumented means to seek asylum, a the recent decline in global economic growth and qualitative methodological framework was adopted. examines the subjects of international trade, capital Data collection was performed through semi- flows, development aid and remittances. The author structured in-depth interviews with people in their links the global recession to issues of joblessness and countries of origin. Interviews were conducted over incomes, changes in the labour force and growing a period of several months in 2010 and 2011 among poverty and inequality. The author draws on Sri Lankan Tamils in Jaffna, and Afghans in Kabul experiences of past recessions, highlights trends in job and Jalalabad. The Afghan research participants were market recovery, economic recovery and government drawn from several minority ethnic groups, such as reactions to economic crises. The author discusses the Baluchis, Hazaras and Tajiks. how these trends affect countries of the global North and the global South and overall migration patterns. All Sri Lankan Tamils interviewed were planning to Although the book largely focuses on regular undertake unauthorized travel to a Western country migration, it also includes a discussion of the impact to seek asylum, but a number of Afghan respondents of the global economic crisis on irregular migration. expressed the desire to settle in nearby countries, to which they had previously travelled. The difference is The book is the result of international organizations’ explained as being, in part, due to the diverse socio- increasing concerns, in 2009, of the impact of the economic and cultural backgrounds of the Afghans, economic crisis on international migration. The ranging from wealthy businessmen who had fallen International Organization for Migration requested on hard times to professionals to petty traders. In the author to carry out a comprehensive analysis of comparison, the Sri Lankan Tamils were from much the migration issues involved with the economic poorer, working class backgrounds. Many also had crisis and possible ways to address them. The book relatives in Western countries and were prepared to was mostly written as the global recession unfolded risk the undocumented journey. and in its immediate aftermath.

The strength of the report is its description of The first chapter starts with reflections on the the complex push-and-pull factors for migrant world economic background that shaped the recent smuggling and the description of smuggled migrant recession. This chapter also examines the dynamics profiles and migrants’ experiences in seeking asylum. and ramifications of the global economic crisis. The The report explains the asylum seekers’ attempts at discussion analyses the effects of the global crisis legal migration and how these individuals turn to on jobs, wages and workforces, including trends migrant smugglers as a last resort. The report makes in poverty and inequality worldwide. The second a contribution to the body of knowledge on how chapter looks at the impact of the economic crisis on asylum seekers, due to the lack of opportunity to the patterns and policies of international migration. migrate through regular channels, are forced to use The third chapter discusses the question of how irregular means to reach destination countries. these changes are likely to affect migrant-sending

29 Migrant Smuggling in Asia

and migrant-receiving countries and the world The strength of the book is its discussion of the links economy. The fourth chapter puts forward a set of between the economic crisis, migration patterns and specific policy and operational measures to address policies, poverty and inequality. Drawing on the the potential perils and pitfalls embedded in the experiences of previous economic crises, the book recession-driven changes in migration. The book provides insights into the possible effects of the recent concludes with a discussion on what the future of global recession on regular and irregular migrants. world migration might look like. It proposes that Because the book mostly discusses regular migration, an increase in South–South migration may occur it does not make a significant contribution to the over time alongside a gradual lessening of tension in body of knowledge on irregular migration. South–North migration.

The author argues that in times of economic crisis, Grewcock, M. ‘People Smuggling and some irregular migrants may decide to move to State Crime’. In Crime, Justice and Social countries or areas that already host large migrant Democracy, K. Carrington, M. Ball, E. communities. Irregular migrants will travel to these O’Brien & J. Tauri, eds., pp. 327–343. areas because they can receive support from social Basingstoke, UK: Palgrave Macmillan, 2012. networks, even if the job prospects in these locations are not particularly encouraging. Key words Australia, Indonesia During times of economic crisis, the number of visa Smuggling overstayers increases. Many unemployed workers with temporary, job-related visas will be unable to Research method find new jobs in a recessionary environment either Unknown in the host country or in a new one. For these irregular migrants, the option of returning home Summary either may be too costly or the situation there may This book chapter examines the Australian be even worse than in the irregular migrant’s current Government’s policy responses to migrant location. Therefore, irregular migrants may be left smuggling. The chapter outlines the main elements with no other option than to remain in an irregular of the Australian anti-smuggling legal regime, the status and to try to secure work in the informal Australian prosecution experience and the emerging sector. Additionally, in the absence of opportunities criticisms of it. Drawing on state crime literature, the for legal entry and legal employment, those seeking chapter critically analyses the models of deterrence to emigrate are most likely to opt for irregular and punishment that underpin present border channels, which in turn may encourage smugglers policing policy. The chapter presents the argument and traffickers. that because border controls ensure that smuggling operates as an integral part of the refugee experience, The book concludes that some of the negative effects the smugglers’ ‘business model’ will only be broken of the global economic crisis can be minimized by governments facilitating entry rather than through preventive measures that States adopt, devoting enormous resources to policing measures including flexible immigration policies congruent designed to disrupt the free movement of refugees. with current and anticipated labour needs; the avoidance of populist, inward-looking policies, The methods used to collect information are not including trade protectionism; and proactive labour made clear, but it appears that the author conducted market measures. The author suggests that special a review of recent literature on migrant smuggling to emphasis should be placed on direct job creation. Australia, a review of Australian migrant smuggling He urges origin countries of irregular migrants case law and an analysis of recent migrant smuggling to anticipate and prepare for an increase in return events and government responses. The chapter is migration by establishing programmes for those who broken into several subsections covering such issues want to return home. The author also urges countries as Australia’s prosecution regime, policing smuggling to develop an agreed framework of multilateral boat crews and ‘kingpins’, mandatory detention and cooperation to improve the governance of human movement.

30 An Annotated Bibliography

offshore processing, other Australian anti-smuggling Grewcock, M. ‘Australia’s Ongoing Border efforts and analysis of two recent smuggling cases. Wars’. Race & Class, vol. 54, No. 3, 2013, pp. 10–32. The chapter puts forward the argument that Australia’s policy response to migrant smuggling Key words has been largely ineffective. The author believes Afghanistan, Australia, Indonesia, Malaysia, Papua that rather than using migrant deaths as a rationale New Guinea, Sri Lanka for preventing asylum seekers from exercising their Factors that fuel irregular migration, irregular rights to enter Australia and claim protection, migration, migrant smuggling, profiles of smuggled Australia should focus instead on the criminogenic migrants, routes role that border policing has in generating risks for those forced to make illicit border crossings. The Research method chapter also contends that boat tragedies will not Unknown always operate as a deterrent to desperate people and, in fact, for many refugees faced with the prospect Summary of being stranded in camps or in transit countries, This article chronicles the developments in Australian unauthorized boat travel is considered a risk worth border policing policy since November 2007. The taking. article argues that, despite the formal cessation of the Pacific Solution, there are fundamental The author adds that from a criminological continuities in asylum seeker policy that ensure perspective, Australia’s highly punitive anti- systemic human rights abuses by Australia against smuggling laws have failed because the punitive asylum seekers. In particular, attempts by the Labor impact of the anti-smuggling regime outweighs Party administration to forge a regional solution any deterrence value attributed to it. Most of the have increased the risks of travel for asylum seekers, ‘smugglers’ arrested and prosecuted to date have been exacerbated abuses within Australian and regional crew members, typically drawn from impoverished detention facilities and diminished the long-term fishing communities and marginal to any smuggling prospects of asylum seekers for resettlement. organization or lower-level organizers who are also refugees. The author suggests that positioning The method of data collection for the article is not these people within a paradigm of transnational made clear, but it appears that the author reviewed organized crime obstructs the understanding of the recent migrant smuggling events that have affected sociology of forced migration. It also obscures the Australia and Australia’s border policy responses humanitarian role offered by some smugglers and and processes of mandatory detention as well as distorts meaningful understandings of transnational Australia’s various regional solutions to managing crime. asylum seekers, including the Indonesia Solution and the Malaysia Solution. The chapter concludes that instead of pursuing policies of deterrence, detention and punishment of The article focuses on the various attempts by asylum seekers, state resources should be deployed Australia to forge a new regional solution that is to facilitate entry through an expanded resettlement policed on Australia’s terms, outside of its jurisdiction programme and through state-sponsored transport and designed to prevent ‘unauthorized’ refugees arrangements, which would enable asylum seekers to gaining access to its refugee determination processes. arrive safely and live in the community while their The author considers key elements of the Labor claims for protection are processed. Party’s policy, such as the closure of immigration detention centre on Nauru island and the opening of The chapter provides information on Australia’s one on Christmas Island. The author also examines policy responses to asylum seeker arrivals and a the failed attempt to secure an agreement for an unique perspective regarding the way forward for Australian-funded immigration detention centre responding to the smugglers’ ‘business model’, in Timor-Leste, the stalled attempt to implement which, the author argues, will only be broken by a refugee swap agreement with the Malaysian governments facilitating the safe entry of asylum Government and Australia’s renewed offensive seekers.

31 Migrant Smuggling in Asia

against people smuggling. The author also explores has become the major criminal activity in Malaysian recent migrant smuggling events in Australia, such as waters since 2011. It has drawn international the Jaya Lestari and Oceanic Viking incidents. attention and affected Australia to a greater extent than other countries because Malaysia is a transit The article concludes with a look at the proposal point for migrant smuggling to Australia. to return to offshore processing on Nauru and argues that debates on Australia’s border policing The article explores the motivations for migrant strategies should be reframed to reject the politically smuggling and concludes that the majority of manufactured imperatives of deterrence and instead smuggled migrants transiting Malaysia originated focus on the legitimacy of refugee movement. from economically poor countries, including Cambodia, Indonesia, Myanmar, Philippines and The strength of the article is its analysis of recent Viet Nam, as well as war-torn countries, such as migrant smuggling events in Australia and its Afghanistan and Sri Lanka and Afghanistan. The analysis of the border security policies and how they article also discusses the issue of corruption in are counter-productive and may negatively affect relation to port security in Malaysia, concluding asylum seekers. with recommendations to further strengthen the security of the ports.

Gunasekaran, P. ‘Malaysian Port Security: The article provides insights on Malaysian port Issues and Challenges’. Australian Journal security and how the challenges may affect migrant of Maritime and Ocean Affairs, vol. 4, No. 2, smuggling. Because the article focuses on the specific 2012, pp. 56–68. issue of port security, it does not make a direct contribution to the body of knowledge on migrant Key words smuggling. Afghanistan, Cambodia, Malaysia, Thailand Smuggling Hall & Partners. A Sociological Investigation Research method of Illegal Work in Australia. Canberra: Unknown Department of Immigration and Border Protection, 2013. Summary This article singles out the issues and challenges Key words associated with Malaysian port security from a Australia Malaysian perspective. Specifically, it focuses on the Irregular migration post-2001 period during which, under United States pressure, a range of international security initiatives Research method used were introduced in Malaysia. Qualitative

The methods for collecting information for the Summary article are not discussed, but it appears that the This study explores the nature of illegal work in author reviewed recent port security challenges in Australia. It analyses the push-and-pull factors Malaysia and the Government’s efforts to introduce that lead to illegal work from the point of view of new security initiatives. irregular workers and their employers as well as the perceptions, attitudes, behaviours and experiences Issues and challenges associated with Malaysian of the general Australian community towards non- port security measures cover costs, human resource citizens working illegally. The report also identifies requirements, loopholes in security and porous ways to improve the management of illegal work. borders. In the discussion on the issue of porous borders, the author examines the subject of migrant The authors were commissioned by the Australian smuggling. The article finds that migrant smuggling Department of Immigration and Border Protection

32 An Annotated Bibliography

to conduct a sociological investigation of irregular The report highlights the importance of online workers and their employers in Australia to networks, such as job search websites, for facilitating determine the psychological, situational and illegal work. The report explains that, in addition to behavioural drivers that facilitate illegal work, their role in facilitating illegal work, networks are a leading to recommendations on how to improve its potential setting for disrupting work opportunities management. The methodology for the study was or discouraging potential workers from accepting qualitative in nature, involving a small number of illegal employment. individuals from specific target audiences. Fieldwork was conducted in regional and metropolitan Victoria The authors conclude that a common characteristic and New South Wales between August and October of many irregular workers is the high degree to which 2012. The authors conducted 20 in-depth interviews their travel to Australia for illegal work is facilitated with a range of irregular workers, stakeholders, by others. These facilitators include legitimate employers and members of the general public. The education, migration and travel agents as well as report’s findings also take into account three relevant less legitimate agents who deal in debt bondage and studies conducted by Hall & Partners for the trafficking. These agents organize everything for Department of Immigration and Border Protection irregular workers, from travel papers to air tickets in recent years. and accommodation, study, and employment. The report finds that these agents promote illegal work The authors draw out key themes underlying the in two ways—migrants are not necessarily aware of diverse experiences of illegal work described in the their work rights before or even after they arrive in study. They cover the importance of personal agency Australia and migrants may arrive into a situation and intention on travelling to Australia to undertake that they had not expected. illegal work; the importance of networks, both in understanding connections to and ways to disrupt The strength of the report is its discussion of the illegal work and a common community framing of motivations for migrants to undertake illegal work the conversation about illegal work to focus on the in Australia and the motivations of business owners negative consequences. to employ irregular workers. The article also provides insights into the role of agents and facilitators in The report highlights two important dimensions organizing illegal work in Australia. in distinguishing irregular workers. The first differentiates between those who have intentionally travelled to Australia to work knowing that it is Han, C. Is the Immigration of Korean Sex illegal and those who ‘fell into’ opportunities to Workers to the United States Sex Trafficking work once they were in Australia. Whether they or Migrant Smuggling? Washington, D.C.: initially came in on a student, holiday or tourist visa, The Brookings Institution, 2012. those who came to Australia specifically intending to work beyond their visa entitlements appear to use Key words different networks, experience work quite differently Canada, Mexico, Republic of Korea, United States and view the nature of their activities from different of America perspectives. The second distinction concerns the Factors that fuel irregular migration, human and level of personal agency or control the irregular worker social costs of smuggling, modus operandi of perceives over his or her work. The authors find that smuggling, routes, smuggling workers who perceive the situation as one they want and feel in charge of will describe themselves as the Research method ‘hero’ of their stories and the government, in trying Qualitative to intervene, as ‘the villain’. Those who feel unable to break free of the illegal work situation they are Summary in see themselves as ‘victims’ and the Australian This paper considers whether the immigration of Government as a potential ‘saviour’. Examples of Korean sex workers to the United States constitutes how they are victims include the criminal action sex trafficking or migrant smuggling. It describes of employers, family expectations or other outside the situation of Korean sex workers in the United circumstances that render them impotent to change their situation.

33 Migrant Smuggling in Asia

States, the relationship between migrant smuggling by two main factors: the importation of the Korean and human trafficking and the modus operandi of entertainment culture in immigrant communities migrant smuggling from the Republic of Korea to and the movement of Korean sex workers into the the United States. United States. As the Korean entertainment culture in the United States has grown, so has the supply of The concepts of human trafficking and migrant Korean sex workers. smuggling are explored, with the paper adopting the definitions used in the Trafficking in Persons Protocol The paper presents several models for entering the and the Smuggling of Migrants Protocol. Similarities United States to engage in hostessing or sex work. and differences between human trafficking and Some women enter with the appropriate visas, migrant smuggling are highlighted, with three basic whereas others rely on smugglers to facilitate forged differences between the two concepts singled out: or fraudulent documents or they enter neighbouring the source of profit, victimization and the illegality Canada and cross illegally into the United States. of migration. The paper argues that smugglers have various roles in the irregular immigration process. The basic Korean sex workers who are willing to go to the role is to broker transactions between prospective United States to work in the entertainment industry immigrants and business owners. Some brokers work were the target population of the study. Because as managers of certain entertainment businesses, the subjects of the study were considered elusive while others work as freelancers without belonging due to their likely illegal and sex worker status, the to specific shops but maintain networks with several author opted to use an ‘unconventional’ approach business owners. The paper points out that some to address the question of the trafficking of Korean entertainment business owners work as smugglers to sex workers into the United States. Thus, the author directly recruit sex workers for their businesses. studied virtual communities on the Internet. The author used Korean Internet search engines to locate The paper concludes with a discussion of the policy a number of websites and Internet communities implications of human trafficking and migrant concerning overseas employment and narrowed smuggling for the Korean and United States the focus to one website that was still operational Governments and provides options on how both during the research period and that had many governments can respond to sex trafficking. users. The author investigated three discussion forums that specialize in overseas work—‘overseas The paper contributes to the body of knowledge on experience talk’, ‘question and answer about working migrant smuggling through its examination of the overseas’ and ‘friends to work with’. To examine modus operandi of irregular migration of Koreans social interactions concerning the transnational to the United States by using fraudulent or forged movement of sex workers that occurred in the documents and the routes taken, for example, via discussion forums of the website, the study adopted Canada or Mexico. netnography as the research method. Netnography is explained as ethnography on the Internet, which is a new qualitative research methodology that adapts Hatziprokopiou, P. & Triandafyllidou, ethnographic techniques to study the cultures and A. Governing Irregular Migration: States, communities that are emerging through computer- Migrants and Intermediaries at the Age of mediated communications. The study also drew on Globalisation. Greece: Hellenic Foundation a trust model to explain why prospective immigrants for European and Foreign Policy, 2013. trust smugglers or business owners under uncertain conditions. Key words Concepts, irregular migration, smuggling The paper discusses the various push-and-pull factors for Korean women migrating legally or Research method illegally to the United States to engage in sex work. Unknown The paper posits that the emergence of Korean sex workers in American society has been influenced

34 An Annotated Bibliography

Summary dependence on smuggling networks, which turn to This paper takes on the subjects of irregular migration more sophisticated methods to avoid controls, thus and migrant smuggling within a wider theoretical providing reasons for even more restrictions. The framework of globalization studies. authors highlight the risks to irregular migrants, including exploitation in the labour market and A number of concepts are discussed, including discrimination from social services, physical abuse globalization, trafficking in persons, migrant and racial prejudice. smuggling, illegal migration, irregular migration, unauthorized migration and undocumented The authors propose an interactive perspective for migration. The paper defines migrant smuggling analysing the irregular migration dynamics that according to the UN Convention against bring together into a single explanatory framework Transnational Organized Crime. An ‘irregular migration policies and States (structural factors), migrant’ thus is a migrant who, at some point in migrants and their families (human agency) and their migration, has contravened the rules of entry intermediate factors (such as smuggling networks, or residence. The term ‘undocumented’ migrant international or other organizations, ethnic is defined as a person without the required and networks). The authors also suggest that, beyond appropriate residence or identification documents. state policies, it is necessary to take into account the behaviour of employers, for whom irregular The research method for the paper is not explained, migration reduces the transaction costs of hiring but it appears that the authors reviewed recent foreign labour by avoiding the paperwork associated literature on migrant smuggling and irregular with visas, formal contracts, legal permits and social migration. benefits.

The paper starts with the concept of globalization, The paper provides insights into the various paths its social and political facets and their development into irregularity and highlights the need to examine during the past century. It argues that migration is irregular migration in light of contemporary deeply entrenched with processes of globalization globalization and its many impacts. and that globalization shapes the main features of international migration today. The authors also examine the features of irregular migration and the Haugen, H. ‘Nigerians in China: A Second factors that create and influence the phenomenon. State of Immobility’. International Migration, vol. 50, No. 2, 2012, pp. 65–80. The authors note that irregular migrants typically are found in areas, sectors or businesses characterized Key words by both a demand for cheap and flexible labour China, Nigeria and a tendency to escape regulations or controls: Concepts, factors that fuel irregular migration, multi-ethnic cities and rural areas, construction, irregular migration tourism and personal services, small enterprises and households. They present evidence of a variety of Research method pathways into irregularity, including legal entry on Qualitative a visa and overstaying after expiration, legal entry and stay using fraudulent documents, legal entry Summary and stay on a visa but breaching its terms, legal entry This article turns to the dynamics of South–South and staying but working informally, bureaucratic migration to China through the study of Nigerians failure in processing residence and work permit in Guangzhou city (in Guangdong Province), which applications resulting in the loss of former status, is a major international trading hub in China. irregularity by birth, refused asylum seekers who are not removed and clandestine entry. The authors The author introduces the concept of a ‘second state suggest that ‘cracking down’ on irregular migration of immobility’ to describe the situation of people appears to initiate a vicious circle in that it increases who have managed to emigrate but end up feeling the risks and costs undertaken by migrants and their trapped in new ways in their destination country.

35 Migrant Smuggling in Asia

The article is based on four months of fieldwork in policy. Undocumented migrants thus find their Guangzhou conducted between May 2009 and May mobility severely inhibited and must carefully assess 2010 and carried out in conjunction with a larger how, when and with whom they move about to study on African migration to China. The author avoid police interception. A substantial number of collected data through participant observation and irregular migrants are unable to pay the expensive semi-structured interviews. Participant observation fee that is required to leave China and are unsure allowed the author to obtain first-hand information whether, if they exit the country, they will ever be about how migrants relate to one another, non- allowed to return. migrants and government officials and their travelling patterns and behaviour in public spaces. The article concludes that irregular Nigerian The semi-structured interviews were conducted with immigration to China epitomizes global migration 70 migrants, of whom 34 were Nigerian. During trends towards a diversification of migration flows, the interviews, research participants were asked to commercialization of the migration process and recount their migration histories, discuss experiences increased policing of foreigners within national of immobility in China and comment on their risk borders. management strategies. The article makes a contribution to the body The article cites two areas of Guangzhou that of knowledge on irregular migration with its are particularly influenced by African migration analysis of data obtained through interviews with and trade—Guangyuan West Road and Yuexiu irregular Nigerian migrants residing in Guanzhou. District. According to the article, Nigerians prefer The interviews revealed interesting phenomena to live in areas outside city boundaries where there concerning the modus operandi of irregular is less police control. The Nigerian population in migration, fees and payments for migration Guangzhou appears to be dominated by men in services as well as insights into the motivations and their 20s and 30s, many of whom are unmarried and frustrations of irregular Nigerian migrants in China. aim to earn enough money to have a family. Some of them eventually settle with a family in China, either marrying a Chinese woman or bringing a spouse Hoffman, S. ‘Living in Limbo: Iraqi Refugees from Nigeria. in Indonesia’. Refuge: Canada’s Journal on Refugees, vol. 28, No. 1, 2011, pp. 15–24. The author says that China is rarely the preferred destination of the Nigerians but is, rather, a palatable Key words alternative when their aspirations to enter Europe Australia, Indonesia, Iraq and North America are curtailed by restrictive Factors that fuel irregular migration, human and immigration regimes in those regions. The article social costs of smuggling, modus operandi of describes entry into China as relatively easy but by smuggling, routes, smuggling no means accessible to all. Travel agents and hotels in Guangzhou supply brokers with supporting Research method documents for visa applications, such as hotel Qualitative reservations and invitation letters. The paper also discusses the fees and payments for visas, noting that Summary all migrants would prefer to travel with a legitimate The article’s author conducted interviews with Iraqi passport and visas, but the inability to access legal refugees in Indonesia and Australia to explore the migration avenues pushes Nigerians into irregular themes of security and insecurity faced by Iraqi migration channels. refugees in Indonesia and Australia. The article centres the refugee voice in the discussion of Iraqi Nigerians often escape situations of involuntary refugees in transit and destination countries. immobility in their home country through short- term visas that are obtained with the help of migration As part of the her doctoral research in 2006 and 2007, brokers. However, opportunities for visa renewals which examined the journeys of Iraqi refugees from are scant under the current Chinese immigration the Middle East to Australia, the author interviewed

36 An Annotated Bibliography

Iraqi refugees in both Australia and Indonesia. The The strength of the article is its focus on the Iraqi research adopted a grounded-theory approach. refugee voice in the discussion of migrant smuggling. The article provides insights into the circumstances The research participants’ reasons for leaving Iraq that lead refugees to consider migrant smuggling and the timing of their departures varied. Some as a means of reaching destination countries, the had fled or been forced out of Iraq by the ruling decision-making processes regarding destination regime up to 20 years earlier, suspected of having countries and the fear associated with migrant- Iranian connections at the time of the eight-year smuggling journeys. war between Iraq and Iran. Others fled Iraq during the late 1990s after becoming persons of interest to Iraqi intelligence because of the actions of the family Howie, E. ‘Sri Lankan Boat Migration to member or because they refused to spy on colleagues Australia’. Economic & Political Weekly, vol. or inform upon neighbours. 48, No. 35, 2013, pp. 97–104.

The first countries of asylum for interview participants Key words were Iran, Jordan or Syria. Of those who went to Australia, Sri Lanka Iran, some made a decent life for themselves while Modus operandi of smuggling, profiles of smuggled others remained on the margins of society. However, migrants, routes, smuggling in the late 1990s, Iranian authorities started to reject Iraqi refugees and withdrew work and other rights Research method to reinforce the message. Because neither Jordan nor Qualitative Syria provided safety or stability for Iraqi refugees, they turned their attention towards Australia. The Summary route to Australia for almost all the interviewed This article presents the motivations and challenges Iraqis involved a brief sojourn in Malaysia, then of Sri Lankans migrating clandestinely by boat travel to Indonesia with the intention of taking a to Australia. It explores the complex reasons for boat to Australia. Sri Lankan migration as well as the reasons that Australia has become a popular destination country The interviewed Iraqis still residing in Indonesia for smuggled migrants from Sri Lanka. recounted why they were still there rather than in Australia. For some, their plans to reach Australia had For data collection, the author conducted interviews been thwarted when they were caught by Indonesian with Sri Lankan boat migrants who had been authorities and imprisoned. A few ran out of money intercepted by Sri Lankan authorities en route to to pay smugglers or were unable to get a passage on Australia. The author describes several case studies, a smuggler’s boat. Some changed their minds about including a Tamil woman living in a militarized area travelling onward on smugglers’ boats to Australia of a northern province who tried to leave Sri Lanka after bad experiences at sea or after hearing about by boat with her three children but was intercepted; others’ experiences. and a young Tamil man in the northern province who tried and failed to go to Australia to improve The author found that, for all interview participants, the financial situation of his family. fear was a constant at all stages of their stay in Indonesia. Some Iraqis were reluctant to venture The article cites several reasons for Sri Lankans to outside because their appearance and dress made them resort to migrant smuggling methods to reach highly visible. Having been moved from detention Australia outside of the economic motive argument. centre to detention centre, with no explanation For example, former Liberation Tigers of Tamil about whether they would be allowed to remain in Eelam combatants said they felt threatened because Indonesia, no right to work and totally reliant on the they were monitored by the security forces and International Organization for Migration and the harassed by frequent visits to their homes. In United Nations High Commissioner for Refugees, addition, they had difficulty obtaining financial loans the Iraqis felt powerless and unsure whether they or employment opportunities because of prejudice or would ever reach Australia or be granted asylum fear in the community. For some of the migrants, the elsewhere.

37 Migrant Smuggling in Asia

impact of unchecked operations of pro-government Howie, E. Can’t Flee, Can’t Stay: Australia’s paramilitary organizations had driven them to flee. Interception and Return of Sri Lankan Asylum Differential treatment of people in war-affected areas Seekers. Melbourne, Australia: Human Rights and the failure to devolve power to the Tamil-majority Law Centre, 2014. areas in the North and East had created livelihood challenges and a sense of frustration, hopelessness Key words and despair about any change in the future. Others Australia, Sri Lanka believed that there was no future for Tamils in Sri Factors that fuel irregular migration, irregular Lanka. Boat migrants also cited livelihood issues, migration, routes, smuggling concern for their own and their family’s safety, fear of sexual violence, fear of being arrested and detained, Research method discrimination in the job market, poor employment Qualitative and educational opportunities, land acquisitions and exclusions, the need for medical treatment, the fear Summary of war returning, harassment and interrogation by This report examines the response of the Australian security forces, fear of reprisals for political activity Government to Sri Lankan asylum seekers who or speech, the need to secure their family’s future attempt to reach Australia by boat. It provides a and the need to rise above the financial situation background to Sri Lankan irregular migration to they found themselves in. The article also explains Australia in recent years, analyses Australia’s work that the pull factors were a major motivation for Sri on border control activities in Sri Lanka, examines Lankans to seek migrant smuggling services to reach the question of boat interceptions and Australia’s Australia. By 2012, Australia was the cheapest and international obligations to assist Sri Lankan asylum easiest destination for people wanting to leave by seekers and highlights the dangers associated with boat to the West. Australia’s current policy of turning away Sri Lankan asylum seekers without assessing their refugee claims. The article also discusses the routes that the boat migrants used to leave the country. Boats bound Data collection for the study was conducted over a for Australia depart from locations all over Sri five-month period in 2012 and 2013 in Sri Lanka. Lanka: from Negombo in the West to Batticaloa The author interviewed people who had tried to leave and Trimcomalee in the East, from Galle, Mirissa Sri Lanka to travel to Australia by boat but had been and Hambantota in the South to Port Pedro in the intercepted by Sri Lankan authorities. The research North. The boat migrants who were interviewed focused on the motivations behind the surge in did not necessarily depart from a location near boat migration from Sri Lanka and the experiences their village, and some were transported overland of those Sri Lankan smuggled migrants who were to a coastal town of departure where they stayed in intercepted. The research also involved the analysis a guest house awaiting the call that their boat was of public information, documents obtained through ready to leave. freedom of information requests and interviews with Australian government officials to understand the The article makes a contribution to the body of nature and extent of the Australian Government’s knowledge on migrant smuggling through its work with Sri Lanka to intercept boats that are discussion of the stories of smuggled migrants from headed to Australia. Sri Lanka. The stories provide insights into the reasons for leaving Sri Lanka and demonstrate that On the basis of recent migration flows and research, the economic concerns that are motivating people the author believes it is likely that 50–90 percent of to leave are inextricable from the effects of the war, people going to Australia on boats from Sri Lanka post-war struggles, political problems, persecution, are genuine refugees. However, Australia’s close systemic discrimination and other forms of injustice. cooperation with Sri Lanka is expressly aimed at resourcing and supporting Sri Lankan authorities’ interception of boats and preventing asylum seekers from leaving their country. At times, Australia

38 An Annotated Bibliography

may even share intelligence that leads directly to Summary interceptions. The author argues that interceptions This report focuses on the abuse of Cambodian frustrate the right that every individual has to leave domestic workers in Malaysia. The report focuses their country and seek protection and they also on the past decade during which demand for expose the intercepted Sri Lankan migrants to the Cambodian domestic workers in Malaysian risk of torture and maltreatment. sharply increased, particularly since 2009 when the Indonesian Government responded to several high- The author argues that there is little transparency profile abuse cases by imposing a moratorium on its about the laws, policies or guidelines that apply to nationals migrating to Malaysia for employment as Australian officials acting abroad in supporting boat domestic workers. In particular, the report examines interceptions. Furthermore, it is unclear what basic the deceptive practices of labour and migration laws, policies and standards apply to Australian agents. officials in their cooperation. The result is that there is scant information about exactly what Australian Data collection for the study was conducted in officials are doing on the ground in Sri Lanka or the Cambodia and Malaysia in April and May 2011. A extent to which they might be directly complicit in total of 80 interviews were conducted with migrant any wrongdoing by Sri Lankan military or police. domestic workers, their families, government officials, NGOs and recruitment agents. The report concludes that the overall impact of Australia’s actions regarding the return of Sri Lankan The report explores the various push-and-pull asylum seekers seriously diminishes its international factors for domestic worker migration to Malaysia. standing and undermines Australia’s ability to Large cash advances to impoverished families, wages promote good governance, human rights and security that greatly exceed what can be earned in villages in Sri Lanka and the Asia–Pacific region. According and the promise of work in a home rather than a to the report, although Australia has a sovereign sweatshop or brothel are attractive incentives. There right to control its borders, that right is not absolute are Cambodian women who have had positive and Australia must conduct immigration control in employment experiences in Malaysia and whose accordance with its international legal obligations. earnings contributed significantly to family income. But the difficult prospect of migrating to a foreign The report presents data obtained through interviews country, far from home and without any contact with Sri Lankans who have tried to travel to Australia with family, is often compounded by poor and by boat but have been intercepted by Sri Lankan illegal practices of recruitment agencies, which fail authorities. It makes a contribution to the body to disclose the tasks that workers will be expected of knowledge on migrant smuggling by providing to perform, their lack of rest days and avenues of insights into the motivations of Sri Lankans who assistance should they encounter problems or abuse. attempt to travel clandestinely to Australia by boat As a result, Cambodian women and girls often suffer and the dangers they face in Sri Lanka. a harsh and isolating experience in Malaysia.

The report finds abuse at every step of the migration Human Rights Watch. “They Deceived Us cycle for Cambodian domestic workers, who at Every Step”—The Abuse of Cambodian receive little or no protection from the Cambodian Domestic Workers Migrating to Malaysia. Government. The report finds that private labour New York, 2011. recruitment agencies in Cambodia control most aspects of the migration process, including Key words recruitment of prospective domestic workers, Cambodia, Malaysia training, employment placement, transit and return. Factors that fuel irregular migration, irregular Through imposed debts, forced confinement for migration months in training centres and threats, some labour agents in Cambodia coerce women and girls to Research method migrate, even if they no longer want to work abroad. Qualitative

39 Migrant Smuggling in Asia

The report notes that a large number of girls who migrants between the ages of 5 and 66, including 36 migrated from Cambodia to work as domestic women and girls. According to their own accounts workers did so illegally because they were underage. or those of their parents, 42 of the interviewees were The report also states that some brokers and officials children when they entered Indonesia; 38 were still at recruitment centres falsified documents to list children when they were interviewed; and 11 were children as 18, the minimum legal age required in unaccompanied when they entered the country. Cambodia to migrate for employment. Human Rights Watch interviewed the parents of six children younger than 5 to understand the The report provides insights into the deceptive experiences of very young migrant children. In total, practices of agencies that recruit young Cambodian 43 percent of interviewees were from Sri Lanka girls and women for domestic work in Malaysia. (mostly Tamils); 26 percent were from Afghanistan It outlines the fees and payments for recruitment (mostly Hazara Rohingya); 17 percent from agencies, recruitment strategies and the exploitive Myanmar; and 7 percent from Somalia. The other practices of labour recruitment agencies that, in interviewees were Nepali and people born in Iran of a number of cases, have led to instances of human Afghan descent. The researchers met a number of trafficking. government officials concerned with migration who worked for the police, Imigrasi (directorate general of immigration) and the Ministry of Social Affairs. Human Rights Watch. Barely Surviving: In addition, the researchers met with representatives Detention, Abuse and Neglect of Migrant from intergovernmental organizations, including Children in Indonesia. New York, 2013. the International Organization for Migration, as well as staff of NGOs, migrant community leaders, Key words journalists and human rights lawyers and activists. Australia, Indonesia Fees and payment for smuggling, human and social The report discusses the growing number of asylum costs of smuggling, modus operandi of smuggling, seekers, primarily from Afghanistan, Myanmar, profiles of smuggled migrants, routes, smuggling Somalia and Sri Lanka, who enter Indonesia in search of safer lives. In 2012, 1,178 unaccompanied Research method children entered Indonesia, the largest number in Qualitative recent years. The report argues that the real number of migrant children is likely to be far greater because Summary many migrants and asylum seekers, including This report delves into the situation of children, do not register with UNHCR, preferring unaccompanied migrant children in Indonesia to remain out of sight to try to make their way who were to be smuggled to Australia. The report clandestinely to Australia. describes the journeys taken by migrant children to reach Indonesia and Australia, the lack of protection All the migrant children interviewed, both those who for unaccompanied migrant children in Indonesia, travelled with families and those who travelled alone, abuse in Indonesian detention, problems associated had stopped in Indonesia en route to Australia. Most with obtaining refugee protection and options for migrants and asylum seekers interviewed could not the future, including risky boat journeys to Australia. fly directly to Australia because they lacked the visas needed to board planes. Instead, the journey typically The report defines an ‘unaccompanied child’ as a involved a smuggler. The report explains the fees and person younger than 18. Migrant children travelling payments for migrant smuggling services, with the without their families are ‘unaccompanied children’. costs varying. For example, around $2,360 for one The term includes children seeking asylum or those unaccompanied boy who travelled from Sri Lanka granted refugee certificates from the United Nations to Indonesia; $12,000 for unaccompanied boys who High Commissioner for Refugees (UNHCR). travelled from Afghanistan to Indonesia; and $3,200 for a Rohingya family of three who travelled from For data collection, two researchers conducted Malaysia to Indonesia. The report also discusses the interviews in August and September 2012 with 102 routes for migrant smuggling from Indonesia to

40 An Annotated Bibliography

Australia; boats leave from many locations, including Research method Jakarta, towns in southern Java and Kupang in West Qualitative Timor. Summary The risks associated with the clandestine journey This report highlights the issue of summary returns of to Australia for young migrants are severe. Because unaccompanied migrant children and adult asylum Indonesian law permits immigration detention seekers from Italy to Greece. Based on interviews for up to 10 years without judicial review, many with migrants and asylum seekers who had been children remain in detention for years, facing an returned to Greece by Italian border officials, the array of abuses, including physical violence from report documents the journeys of migrants and immigration officials, bribery and confiscation of asylum seekers who stow away on ferries from property and lack of basic necessities. The authors Greece to Italy—a journey repeated thousands of argue that the impact of prolonged, indefinite times every year. immigration detention is particularly severe for children, many of whom experience post-traumatic Data collection for the report was conducted in Italy stress disorder or depression. and Greece in late November 2011 and between late June and early September 2012. Human Rights The report concludes with a number of policy Watch researchers interviewed 29 men and boys recommendations to the Australian and Indonesian who had been returned to Greece by Italian border Governments on how to improve protection efforts officials under the expedited port procedure as well for unaccompanied migrant children in Indonesia. as with other migrants who were in Greek port Human Rights Watch argues that while Australia cities and intended to make the crossing. Twenty and Indonesia do have the right to control irregular of those interviewed had been returned in the six immigration into their countries, they must do so months prior to the research period. All interviews in a way that respects children’s rights and provides were conducted in Greece, with the exception of one protection for some of the most vulnerable new interview with an adult in Italy who had managed arrivals. to reach Italy and apply for asylum after repeated attempts. Of the 29 interviewees, 10 were minors This report makes a contribution to the body of when they were returned from Italy to Greece and knowledge on migrant smuggling by providing at the time of the interview; three were minors when new information, derived through interviews with they were returned from Italy to Greece but adults at young smuggled migrants, on the motivations and the time of the interview. And 16 interviewees were experiences of unaccompanied migrant children adults when they were returned from Italy to Greece in Indonesia. It provides insights into the modus and at the time of the interview. The youngest person operandi of migrant smuggling, the fees and Human Rights Watch interviewed was 13 years old payments for smugglers’ services and the smuggling (accompanied by his 16-year-old brother) and the routes taken to Indonesia as a transit country and oldest person interviewed was 44. By nationality, 17 Australia as a destination country. of those interviewed were Afghans, nine were Somali, two were Moroccan and one was an Iraqi Kurd. Human Rights Watch also accessed port facilities Human Rights Watch. Turned Away: and conducted in-depth interviews with border Summary Returns of Unaccompanied Migrant police officials in Bari, Italy and Patras, Greece as Children and Adult Asylum Seekers from Italy well as the United Nations High Commissioner for to Greece. New York, 2013. Refugees field officers in Greece and Italy and staff members of various NGOs in Italy and Greece. Key words Afghanistan, Greece, Iraq, Italy The research recorded that both economic migrants Human and social costs of smuggling, modus and asylum seekers go to Greece and Italy from operandi of smuggling, profiles of smuggled countries as varied as Afghanistan, Bangladesh, migrants, routes, smuggling Iraq, Somalia, Syria and Tunisia. Since the early 2000s, Greece has become the major gateway for

41 Migrant Smuggling in Asia

undocumented migrants and asylum seekers from Human Rights Watch. Unwelcome Guests: Asia and Africa, in part because its islands are just Iran’s Violation of Afghan Refugee and off the Turkish coast and it shares a land border Migrant Rights. New York, 2013. with Turkey, a major transit route into Europe. The ultimate goal for many of those interviewed, Key words whether they were economic migrants or asylum Afghanistan, Iran seekers, was to transit through Greece and Italy to Factors that fuel irregular migration, irregular other countries in the European Union. Hundreds migration of foreigners congregate in the Greek port cities of Patras and Igoumenitsa looking for a chance to stow Research method away on daily ferries bound for the Italian ports of Qualitative Ancona, Bari, Brindisi and Venice. Summary The report examines Italy’s obligations regarding This report examines the situation of Afghan refugees asylum seeker processing and protection. Under in Iran who have become an increasingly unwelcome international law, Italy is obligated to determine population in recent years. Based on interviews with whether anyone who expresses a fear of return 90 Afghans with recent experience of living in Iran is in need of international refugee protection or as well as Afghan officials and refugee and migration would encounter human rights abuse if removed. policy experts, the report highlights the deteriorating However, once they arrive at the Adriatic ports in conditions for Afghan refugees in Iran and whether Italy, unaccompanied child migrants and adult Iran is meeting its obligations to Afghan refugees asylum seekers undergo inadequate or non-existent and undocumented migrants under both Iranian screening proceedings that violate national and and international law. international law, including by failing to consider age and by failing to provide access to information The report uses the term ‘migrant’ when referring about their rights. Instead of screening migrants and to Afghans in Iran who have not been registered ascertaining their refugee status, Italy conducts a as refugees or asylum seekers. Human Rights significant number of summary returns of migrants Watch contends that, in the context of the report, to Greece. Many migrants who undergo summary ‘migrant’ is simply the broadest, most inclusive term returns experience abuse and maltreatment during to describe the Afghans entering, residing in and the journey. Many of the migrants interviewed for leaving Iran and does not exclude the possibility that the report, including unaccompanied children, some migrants might be refugees or have grounds complained of being confined in poor conditions for asylum. This report defines ‘refugees’ as people that included being handcuffed for the duration of who meet the international definition of refugee in the journey without access to adequate food, water the 1951 Refugee Convention. An ‘asylum seeker’ or toilets during the return journey. is defined as a person who claims to be a refugee and has asked to be recognized as such or has been The research findings suggest that summary returns registered as an asylum seeker. of migrants to Greece are ineffective because smuggled migrants will repeat their attempts to The report is based primarily on interviews conducted make the journey clandestinely to Italy to reach with Afghans deported from Iran to Afghanistan their ultimate destination of Italy or neighbouring at the Islam Qala border crossing in April 2012 European countries. and April 2013. Human Rights Watch researchers conducted a total of 90 interviews with family groups The report makes a contribution to the body of and individuals. The majority of those interviewed knowledge on migrant smuggling through its were undocumented migrant workers. A total of 41 examination of the modus operandi of migrant of the interviews were with unaccompanied children smuggling to Greece, as a transit country, and to ranging in age from 12 to 17, and the remaining Italy, as a popular destination country in Europe. interviews were with adult men or families. Through the analysis of interview data, the report Interviewees were primarily deportees, although offers insights into the motivations of smuggled a small number of people returning voluntarily migrants and their experiences of the smuggling process.

42 An Annotated Bibliography

to Afghanistan were interviewed. Additional refugees in migrating to Iran, the human and social information was obtained by interviewing members costs of their irregular status and their fight for of the Afghan government, Afghan parliamentarians, protection and access to basic human rights in Iran. representatives of civil society organizations and representatives of international organizations. İçduygu, A. The Irregular Migration Corridor The report traces Iran’s changing response to Afghan Between the EU and Turkey: Is it Possible asylum seekers. After years of welcoming Afghan to Block It with a Readmission Agreement? asylum seekers, in the early 2000s in particular, the Florence, Italy: European University Institute, Iranian Government began to reject the presence 2011. of Afghans. The report outlines how, in 2003, Iran introduced a new system, known as Amayesh, to re- Key words register all Afghan nationals in Iran who had been Turkey granted residency rights based on their Afghan Factors that fuel irregular migration, irregular nationality in the 1980s and 1990s. The Amayesh migration, routes cardholders now face an increasingly complex and bureaucratic process with the Iranian authorities Research method to retain their status, in which the smallest mistake Unknown could result in the permanent loss of refugee status. Amayesh cardholders are regularly required to renew Summary their cards, and since the original registration of This report discusses how a shift from migration several hundred thousand Afghans in 2003, there control to migration management has become an have been nine re-registration exercises. The cards, integral part of the political discourse and policy which refugees must pay for, are generally valid practices relating to irregular migration in European for one year, and when the cards expire, the card Union over the past decades. The report suggests holder is considered to be unlawfully present, or that the debate over irregular transit migration from undocumented, in Iran and may be deported. The Turkey to the European Union is a perfect case study researchers found that the Amayesh system has been for analysing how the phenomenon of irregular abused to deport significant numbers of Afghan migration is affecting the European migration and asylum seekers. border regimes. The report also examines the abuses of Afghans The methodology for the report is not explained. living in Iran. Case studies are used to illustrate The report appears to be part of a broader study Afghans’ denial of access to education, citizenship on EU and US immigration systems’ capacity for and marriage rights and limitations on Afghans’ responding to global challenges, which is co-funded right to work. The report also considers the abuses by the European Commission in the framework of Afghans during the deportation process and of the pilot projects on Transatlantic Methods includes a number of case studies of abused Afghans for Handling Global Challenges in the European to highlight salient points regarding poor detention Union and United States. The report elaborates facilities, the detention and abuse of unaccompanied on the recent status of irregular migratory flows children, family separation and deportation fees. from Turkey to Europe, referring to their changing volumes, trends and patterns. It also relates the The report concludes that Afghans in Iran are in a irregular migration through Turkey to the recently precarious situation. Unable to return home and negotiated Readmission Agreement between the unable to stay in Iran, Afghan refugees must choose European Union and Turkey, which targets the between staying in Iran in an irregular and thus return of apprehended irregular transit migrants in precarious status or returning to Afghanistan. the EU Member States to Turkey. Through the analysis of interview data and case The report examines irregular transit migration to studies of Afghan refugees, the report provides Turkey and includes a discussion of key routes and new information about the motivations of Afghan estimates of irregular migration stocks and flows.

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According to the research, Turkey has become a Key words major country of destination and transit for irregular Iran, Iraq, Turkey migrants. The Soviet invasion of Afghanistan, regime Factors that fuel irregular migration, irregular change in Iran in the 1970s, the legal turmoil and migration, routes wars in the Middle East in the late 1980s and early 1990s, together with the increasing intensity Research method of globalization processes in this period, have Quantitative contributed to Turkey becoming a migrant-receiving country. A complex migration system has evolved, Summary involving irregular migrants, transit migrants, This paper looks at the extent and dynamics of asylum seekers and refugees in Turkey. transit migration in Turkey and documents the irregular and transit migration experience over the Transit migration in Turkey heavily accelerated from past 30 years. Although there is a reality of transit the mid-1990s to the early 2000s. Whereas only migration in Turkey, there are also other forms of about 11,000 irregular migrants were apprehended irregular labour migration. The paper also examines in 1995, this figure reached 47,000 in 1999, and by the ways in which transit migration in Turkey has 2000 it was more than 94,000. There are three main been approached in Europe in the context of the groups of people among the apprehended migrants: country’s accession negotiation process with the i) irregular migrants who intend to use Turkey as a European Union. transit country to migrate into the Western world, particularly Europe; ii) irregular migrants who Even though the authors do not attempt to settle on went to Turkey to live and work without any valid a definition of the concept of transit migration, they documents; and iii) rejected asylum seekers who argue that the term is a blurred and highly politicized were supposed to leave Turkey but who had not. one. The first five migrant-sending countries to Turkey are Iraq, Pakistan, Afghanistan, Iran and the State The methodology for the study involved analysis of Palestine. of quantitative data sets supplied by international organizations, such as the United Nations High The report concludes that this kind of irregular Commissioner for Refugees, and public sector migration is a broad problem that requires a variety organizations, such as the Ministry of the Interior. of actions, regulations and programmes to which both the European Union and Turkish sides need In looking at the phenomenon of transit migration to contribute solutions. The report suggests that a in Turkey, the authors argue that there are other possible Turkey–EU readmission agreement would important irregular migration flows, including bring an extra substantial weight to the mechanism circular labour migration. The migration flows of migration management in Turkey. in and through Turkey, such as transit migration and asylum seeker flows, may be entangled. The The report provides insights into the flows of irregular authors note that Turkey’s former singular position migration through and to Turkey and information as a migrant-sending country, which until recently regarding the motivations of irregular migrants in continued due to family reunification and the flow travelling through Turkey to other European Union of asylum seekers, is now supplemented with that of countries. A strength of the report is its discussion a migrant-receiving country. More recently, Turkey of the actions that may be taken by States to respond became a transit country or transit zone for migrants to irregular migration, including the development of seeking to reach third countries. a Turkey–EU readmission agreement. Political issues and security concerns arising in neighbouring countries, such as Iran and Iraq, have İçduygu, A. & Yükseker, D. ‘Rethinking been among the main reasons driving people to Transit Migration in Turkey: Reality and Re- migrate to Turkey. The paper discusses the routes and presentation in the Creation of a Migratory flows of irregular migration to and through Turkey Phenomenon’. Population, Space and Place, and suggests that Turkey’s position as a transit route vol. 18, No. 4, 2012, pp. 441–456. also partly derives from its geographical location at the crossroads of Asia, Europe and Africa.

44 An Annotated Bibliography

The paper argues that the political construction of route; however, recent figures suggest an increase in transit migration in the European sphere should be land-border crossings. The identity of most irregular interpreted through the intertwined processes of migrants is not easily determined because they enter securitization and economization of international the region with false documents or none at all to migratory regimes, which are not only becoming avoid deportation. more restrictive and selective but also more dynamic and multifaceted. Turkey’s visa regime seems to The author advocates that a sound European contribute to irregular labour migration from the immigration policy should not only be oriented Commonwealth Independent States, yet it tends towards the protection of its external borders to prevent flows from various African and Asian but should also address the roots of the irregular countries and, consequently, pushes the citizens of migration problem, including the push factors those countries to enter the country illegally. that force people to migrate. The author urges the European Union to find ways to deal with a renewed The paper makes a contribution to the body of wave of irregular migrants and asylum seekers while knowledge on irregular migration through its detailed elaborating a revamped regional response that discussion of the reasons for and dynamics of transit provides the means to cooperate with its southern migration and other forms of irregular migration to partners. Turkey and through Turkey to the European Union. The paper concludes that special attention should be paid to the upgrading of Frontex. This requires Ifantis, K. ‘Addressing Irregular Migration in providing access to information, pooling technical the Mediterranean’. European View. Brussels: equipment under the agency’s management, Centre for European Studies, 2012. cooperating with international organizations and continuous control and surveillance operations in Key words the Mediterranean. Afghanistan, Turkey Factors that fuel irregular migration, irregular The strength of the paper is its discussion of the migration, routes evolving routes and flows of irregular migration from Asia and other regions, via the Mediterranean and Research method other transit zones to Europe. Unknown

Summary International Organization for Migration. This paper focuses on the dynamics of irregular Country Migration Report: The Philippines migration in the Mediterranean region in relation 2013. Makati City, 2013. to the broader argument that improved border management is required to combat irregular Key words migration. The paper argues that the overall France, Malaysia, Philippines, Syria, United States of political mandate and the operational planning and America contingencies of organizations, such as Frontex, need Irregular migration, quantitative assessment to be better defined and extended. Research method The methodology for the paper is not explained. The Mixed author appears to have analysed quantitative data on irregular migration flows in recent years from Asia Summary and the Western Mediterranean region to Europe. This report analyses all aspects of migration from, through and to the Philippines to provide a The paper describes the changing irregular migration comprehensive roadmap for policy makers to ensure flows in the Mediterranean region, noting that that migration is for the benefit of all. records of irregular migration indicate border crossing by sea has traditionally been the preferred

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The report was produced under the International fee demanded by recruitment agencies. Illegal Organization for Migration initiative – Migration recruitment and scams can victimize aspiring Profile Development Project for the Philippines migrants and derail their dreams of working abroad – and is the result of a series of consultations, and set them back with debts, or they may be able to which included technical working group meetings, work abroad, but under precarious conditions and meetings of six thematic clusters, national without safety nets. In the country of employment, workshops and conferences and numerous one-on- migrants can encounter contract substitution, one institutional meetings involving more than 30 delayed, underpayment or non-payment of wages, government agencies, civil society organizations and or they may be stranded. In addition to difficult private sector representatives over a period of nearly work conditions, migrants may suffer prejudice and 20 months. The methodology involved analysing discrimination in the destination society and face migration data and statistics. occupational safety and health risks.

The report examines both regular and irregular The report concludes with a series of policy migration flows and stocks. In spite of the recommendations for the Government, including comprehensive regulation of overseas labour, irregular the necessity to implement and build on existing migrants are estimated to represent approximately 10 policy arrangements, especially policies aimed at the percent of the total stock of Filipinos abroad. Irregular protection of irregular migrants. migrants from the Philippines are mostly present in Malaysia, especially in the disputed territory of The report makes a contribution to the body Sabah, which has traditional ties with the southern of knowledge on irregular migration through Philippines and which remains in an unresolved its extensive analysis of mixed data on irregular international dispute concerning sovereignty. migration from, through and to the Philippines. It The report finds that the Mindanao region in the provides valuable statistical evidence of the extent southern Philippines appears to be a prominent of irregular migration from the Philippines and source of irregular migrants, particularly females, to provides insights into the push-and-pull factors for Malaysia and the Middle East. The lack of or weak irregular migration from the Philippines to other implementation of overseas employment regulation regions of the world. by the Autonomous Region in Muslim Mindanao, which has a separate autonomous government and executive agencies, considerably contributes to this International Organization for Migration. pattern. Other factors also include the aspiration of Assessing Potential Changes in the Migration Muslim Filipinos to fulfil their pilgrimage to Mecca Patterns of Myanmar Migrants and Their via overseas employment; movements driven by Impacts on Thailand. Bangkok, 2013. conflict, poverty and climate change disturbances; and the facilitation by informal brokers who are Key words usually known to prospective migrants and their Myanmar, Thailand families, relatives and community peers. Factors that fuel irregular migration, irregular migration, routes The United States, Singapore and some European countries have sizable populations of irregular Research method Filipino migrants. In the case of Malaysia, France Mixed and Syria, irregular migrants outnumber legal ones. Some irregular migrants from the Philippines have Summary been illegally recruited and trafficked. This report considers the potential changes in the migration patterns of Myanmar migrants and the Although the Philippines has established a system impacts that these changes may have on Thailand, a to regulate labour migration, irregularities still major receiving country of migrants from Myanmar. occur, and migrants frequently suffer as a result The report provides an evidence-based understanding of unscrupulous practices. At pre-departure, the of how the evolving migration patterns of Myanmar most common violation is the excessive placement migrants will affect the migrants, their employers and other stakeholders.

46 An Annotated Bibliography

The authors explain that they conducted the study migrants and refugees were in Thailand in either because they believe that the migrant workforce regular or irregular status, and approximately 3 has a crucial role in the economy of Thailand and million of them were in the labour market. The that migrant workers from Myanmar constitute report examines the documentation status of the majority of this workforce. They contend that the irregular migrants, noting it varies between such a study is important because, as a result of sectors and locations. The agriculture, fisheries unprecedented economic and political change in and construction sectors had lower proportions of Myanmar, an evolution of migration patterns is to documented migrants than other sectors. However, be expected, and Thailand’s economy and society larger portions of documented migrants were will invariably be impacted by such changes. It is to detected in employment sectors where the workers Thailand’s benefit to proactively understand, forecast are concentrated in fixed locations, such as factories. and prepare for these changes. After reflecting on the growing possibility of migrants returning to The majority of the surveyed migrants, regardless Myanmar in large numbers in the coming years, of sex, economic and social backgrounds prior to the authors considered it important to conduct migration, ethnic group, place of origin, reasons for an evidence-based assessment and analysis of the migrating, current job in Thailand or current income potential changes in the migration patterns of level, were willing to eventually return to Myanmar. Myanmar migrants in Thailand before such large- Myanmar migrants considered their stay in Thailand scale returns take place. The authors also wanted as a temporary phase during which they may take to better understand how the timing of and the advantage of available economic opportunities. The reasons for the return may vary among the migrant authors point out that the migrants who are less likely population, and how this could affect different parts to opt for return to Myanmar include those who of the employment sector of Thailand in different have stayed in Thailand for a long time and those ways. who possess legal options to remain permanently.

The study involved quantitative and qualitative The report concludes that although a future surveys of Myanmar migrants and the local constraint in the supply of migrant workers from population in seven border and non-border Myanmar may prove to be a challenge for Thailand, provinces of Thailand that host large numbers of the recommended strategy is to provide migrants migrants. The assessment framework, methodology with the opportunity for documentation and to have and questionnaires were jointly developed by the decent wages and working conditions to make their Asian Research Centre for Migration and the migration experiences more positive and increase International Organization for Migration, pre-tested their willingness to remain employed in Thailand. prior to the implementation of the surveys, and translated into Burmese and Thai. The quantitative Through the collection and analysis of mixed data and qualitative data were collected by staff members on the motivations and activities of undocumented of six partner NGOs who could access the migrant Myanmar migrants in Thailand the report makes a communities in the targeted provinces. The research contribution to the body of knowledge on irregular participants were asked for information pertaining migration. It is the first comprehensive assessment in to demographic characteristics, their main reasons Thailand to produce a broad understanding of the for migration, how they entered the country and characteristics of Myanmar migrants in the country their current legal status, the number of years they as well as an understanding of the whole cycle of have been staying there, their living and working migration and the conditions of migrant workers conditions (disaggregated by geographical area and before their decision to migrate, during migration employment sector), the skills they gained while and after migration. living and working in Thailand and reasons for wanting or not wanting to return to Myanmar. International Centre for Migration Policy The report looks at the stocks and flows of irregular Development. Yearbook on Illegal Migration, migration from Myanmar to Thailand. At the time Human Smuggling and Trafficking in Central of the research, an estimated 3.5 million Myanmar and Eastern Europe. Vienna, 2011.

47 Migrant Smuggling in Asia

Key words The report makes a contribution to the body of Afghanistan, Greece, Iran, Iraq, Palestine, Somalia, knowledge on irregular migration and migrant Turkey smuggling through the collection and analysis of Factors that fuel irregular migration, irregular quantitative data on irregular migration and migrant migration, quantitative assessment, routes, smuggling in, from and through an array of regions smuggling and countries.

Research method Mixed Jayasuriya, D. & McAuliffe, M. Placing Recent Sri Lankan Maritime Arrivals in a Broader Summary Migration Context. Irregular Migration This 13th Yearbook edition examines quantitative Research Program Occasional Paper Series. data on the stocks and flows of irregular migration, Canberra: Department of Immigration and migrant smuggling and trafficking in persons in and Border Protection, 2013. to Central and Eastern Europe. Key words Information for the report was collected through Australia, Sri Lanka a questionnaire that was disseminated to border Factors that fuel irregular migration, irregular agencies, ministries of interior and other national migration, routes, smuggling authorities dealing with issues related to irregular migration. The questionnaire contained qualitative Research method and quantitative questions. The qualitative questions Qualitative focused on the main legal and institutional developments in the area of irregular migration Summary policy and border management as well as on the This paper explores the reasons behind the clandestine experiences of authorities with migrant smuggling migration of Sri Lankans to Australia and places the and human trafficking in 2009. In addition to the discussion within a broader migration context. standard questions of the Yearbook, special questions about the return and readmission of persons found The paper is one of a series of occasional papers to be illegally staying in a country were included. produced as part of the Australian Department Responses to the questionnaire for the 2009 of Immigration and Border Protection’s Irregular Yearbook represent 23 countries and territories. Migration Research Program. The stated aim of the Occasional Paper Series is to provide information on The Yearbook includes available statistical data on and analysis of specific irregular migration issues of the number of apprehensions of irregular migrants. relevance to Australia, within a broader migration Although some countries registered decreases in and/or global context. apprehensions, other countries, such as Greece and Turkey, registered significant increases in migration- The paper was prepared in response to the recent related border apprehensions. substantial increase in Sri Lankan maritime arrivals to Australia. Its objective was to provide factual The report discusses the modus operandi and routes evidence in a broader migration context and of migrant smuggling; the majority of migrants found interpret the findings. The methodology sought out to be illegally entering or staying in Turkey are from the views of potential irregular migrants in Sri Lanka Afghanistan, Iraq, State of Palestine and Somalia. through two large-scale surveys that were conducted Migrants from Afghanistan, Pakistan or Iraq enter in early 2013; the questions aimed to determine the via Iran at the mountainous green border to Turkey motivation behind the large-scale irregular maritime in the East. Palestinians and Somalis usually enter movements to Australia in 2012. Turkey via Syria on land or sea routes. Transport of smuggled migrants on the road is usually done in The paper presents the available data on irregular Sri closed vehicles, such as vans or trucks. Generally, Lankan migration to Australia, both by air and by no changes in the routes and methods of migrant smuggling were observed in the two years prior to the research.

48 An Annotated Bibliography

sea. In 2012–2013, Australia received a total of 8,308 to exercise control over their lives when they live applications for asylum by people who originally in an irregular status in the United Kingdom. The arrived by air, which represented an increase of 18 report outlines contemporary patterns of migration percent from 2011–2012. Between 2008 and 2011, for work from China to the United Kingdom. fewer than 500 Sri Lankans arrived illegally by sea It considers the factors that render low-skilled annually; however, in 2012 that number jumped migrant workers from China vulnerable to forced from fewer than 100 in the first quarter of 2012 to labour and identifies actions that can be taken by around 2,600 in the third quarter. The authors note the Government, civil society organizations, trade that this increase was sudden and unusual in the unions and employers to improve the protection of global context in which Sri Lankan asylum seeker irregular migrants. numbers had remained relatively steady. The report refers to forced migration according to The paper discusses the motivations for the the International Association for the Study of Forced irregular migration of Sri Lankans, noting that Migration’s definition: “the movements of refugees those with a desire to travel by boat to Australia and internally displaced people (people displaced were overwhelmingly motivated by multiple, by conflicts) as well as people displaced by natural interrelated factors related to protection, visa access, or environmental disasters, chemical or nuclear employment, migrant smuggling, geography and disasters, famine, or development projects”. The family and community links. report also examines forced labour according to the International Labour Organization’s definition: “… Through extensive surveys with irregular migrants, all work which is extracted from any person under the paper provides new information on the the menace of any penalty for which the person has motivations and activities of Sri Lankan irregular not offered himself voluntarily”. migrants travelling to Australia. The paper makes a contribution to the body of knowledge on irregular The research drew on the experiences of 32 Chinese migration from Sri Lanka through the presentation migrant workers, who were interviewed and who of empirical evidence of irregular migration activity. mostly were working in the catering and hospitality sector in the United Kingdom, to understand the ways in which they exercised control over their Kagan, C., Lo, S., Mok, L., Lawthom, R., lives as well as the risks associated with entering Sham, S., Greenwood, M. & Baines, S. forced labour and the roles of families and social Experiences of Forced Labour Among Chinese relationships. The continuum of exploitation, from Migrant Workers. London: Joseph Rowntree decent work to forced labour, was used to consider Foundation, 2011. the balance between the risk of and protection from forced labour. Key words Although the focus of the report is on forced labour, China, United Kingdom the authors also examined migrant smuggling and Concepts, factors that fuel irregular migration, fees found that travel to and entry into the United and payment for smuggling, irregular migration, Kingdom relies on the services of professional modus operandi of smuggling, routes, smuggling facilitators and that agents assist migrants with Research method obtaining visas. The fees charged by travel facilitators vary considerably but are between 100,000 RMB Qualitative and 300,000 RMB (between £9,500 and £28,700), Summary and the fee is usually raised from family and friends. Once the migrant arrives in the United Kingdom, This research report chronicles the experiences of family members usually pay the fee to the agent or irregular Chinese migrant workers in the United facilitator in China. Thereafter, the migrant owes Kingdom. It considers the themes of forced labour money to family and friends rather than to the and exploitation, the role of family and social ‘snakeheads’ (migrant smugglers). Most journeys relationships and examines how far migrants are able to the United Kingdom involve workers being

49 Migrant Smuggling in Asia

smuggled by chains of snakeheads across several maltreatment when living in an irregular status in national borders. the United Kingdom.

For many of the interviewed migrants, there were times on the journey when they were frightened, Kalir, B. ‘Illegality Rules: Chinese Migrant exhausted, mistreated, confused and vulnerable. At Workers Caught Up in the Illegal but Licit these stages, some wanted to return home but they Operations of Labour Migration Regimes’. In were trapped because they were obliged to pay off Transnational Flows and Permissive Polities: the original loan, which would be impossible to do Ethnographies of Human Mobilities in Asia, B. if they returned to China. In addition, they would Kalir & M. Sur, eds. Amsterdam: Amsterdam incur further expenses for the assistance they would need to return. Therefore, they had no option but University Press, 2012, pp. 27–54. to continue to travel as planned. Either people were smuggled into the country without detection at a Key words point of entry, as was the case for five participants, China, Israel or they arrived at a port or airport without identity Factors that fuel irregular migration, fees and or entry documents, were detained, questioned and payment for smuggling, irregular migration, modus then released, as was the case for 20 participants. operandi of smuggling, smuggling

The report describes widespread exploitation Research method of Chinese migrant workers by employers who Qualitative were not compliant with immigration, business or employment regulations. For most Chinese Summary migrant workers, there seemed to be no way out This book chapter explores the immigration of from exploitive work without regularizing their Chinese migrant workers to Israel. It examines the immigration status. The irregular status of workers distinction between the licit migration of people meant that they were denied access to employment who believe they are migrating legally and the tribunals and other means of challenging their subsequent illegal nature of their irregular status in employment conditions or levels of pay. Israel. It looks at immigration flows from the Chinese migrant workers perspective who go through the The report concludes that Chinese migrant workers numerous informal and illegal stages in the process had little understanding of the immigration rules, of recruitment and employment and then turns to asylum system or good business practices and had the work of the formal authorities in China and been deceived by the travel facilitators, who charged Israel. large amounts of money to enable them to reach and enter the United Kingdom. The research also Although the chapter explores the concepts of licit indicates that the Chinese migrant workers’ families and “illegal” migration, it does not define the terms. influenced their lives in many ways, including their decision to travel, their enduring the exploitive Data collection involved interviews with 40 Chinese working conditions to pay off debts and maintain migrant workers in Israel. Most of them came from remittances and their aspirations to stay, or leave, the a poor economic and educational background in United Kingdom. China. They usually earned a pre-migration salary of $100 per month from work in construction or The report makes a contribution to the body of agriculture and then earned between $800 and knowledge on migrant smuggling through its $1,200 per month in Israel. examination of the modus operandi of clandestine migration from China to the United Kingdom. The research discovered that Chinese workers Through the interviews conducted with irregular in Israel are predominantly employed in the Chinese migrants, the report provides insights construction sector, with a small percentage also into the workers’ motivations for leaving China, working in factories, agriculture and caregiving for the smuggling methods adopted and instances of disabled people. The workers who were interviewed

50 An Annotated Bibliography

were recruited from villages in Fujian, Jiangsu, The chapter makes a contribution to the body Anhui, Hubei and other provinces. The author of knowledge on irregular migration through its argues that only a thin line divides the legal work examination of the motivations and activities of of unauthorized recruiting companies and the illegal “illegal” Chinese workers in Israel. The interviews work of the informal migration industry in China. with 40 irregular Chinese migrants brought to light a The chapter explains how, normally, all Chinese number of issues in the migration process to Israel— workers going to Israel pursue a legal immigration lack of awareness among migrants of the illicit nature channel and receive a passport with a work visa of recruitment fees; the exploitation of workers, such issued by the Israeli embassy in Beijing specifying the illegal practices as worker on-selling, which is in name of the Israeli company and the job for which some cases akin to trafficking in persons; and poor workers are recruited. This process is fraught with intervention on the part of both the Chinese and informality and illegality—workers are charged large Israeli Governments. illegal fees by Chinese recruitment companies for the opportunity to work in Israel, often around $30 000. Chinese recruitment companies take advantage Karen Human Rights Group. Abuse Between of the fact that many Chinese workers are illiterate Borders: Vulnerability for Burmese Workers and desperate to emigrate and thus offer no written Deported from Thailand. Myanmar, 2010. contract to migrants who are too afraid to insist on it or are unaware of their rights to a contract. An illegal Key words practice frequently occurs in which employers ‘sell’ Myanmar, Thailand their Chinese workers to other firms, a practice that Irregular migration falls within the legal definition of human trafficking. It is often the migrant workers who lose their legal Research method status prior to being deported back to China, when Qualitative they find themselves in the difficult position of trying to pay back the loans they took for paying the illegal Summary fee to recruitment agencies. This report documents the extent of the abuse of Myanmar irregular migrants deported from Thailand. The chapter notes that migrants regularly perceive The Karen Human Rights Group argues that, based their own actions as well as those of recruitment on extensive research conducted by the organization, agencies and employers to be licit; this perception is irregular Myanmar migrants experience considerable often the product of a culturally infused confusion abuse at Thai border checkpoints. This abuse includes or ignorance regarding the obliging legal systems forced payment of excessive deportation fees, forced in China and Israel. Instead of there being an labour, beatings, murder and rape. institutional attempt to diffuse the confusion, it is systematically compounded by manipulations of Data collection for the report involved interviews Chinese and Israeli recruitment companies and conducted by the Karen Human Rights Group with employers. irregular Myanmar migrants between November 2009 and February 2010. The chapter concludes that there is a need to broaden the scope of the licit activity in the migration process The report describes the extent of irregular migration to counter the peculiar situation in which state from Myanmar, particularly to Thailand, and the authorities act in an illegal manner according to the irregular migrants’ subsequent abuse. The report national law as well as international conventions argues that most Myanmar migrants do not possess but are perceived as licit by a majority within the working visas, work permits or other forms of legal country. The role of the State should not be confined permission to work in foreign countries, making to policy-making and the fixing of legal boundaries them vulnerable to exploitive abuse by trafficking but instead should include a treatment of executive agents, unscrupulous employers, police and powers within the field of immigration. government officials.

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The report illustrates how checkpoint officers earn foreign worker policy, which was implemented in money from irregular migrants from Myanmar. The 1992 to regulate the inflow of foreign workers and Myanmar workers deported by Thai officials are stem the inflow of irregular migrant workers. The transferred to Myanmar via checkpoints, where they report argues that although the policy has led to a must make large payments before being released into spectacular increase in the number of legally recruited Myanmar or returning to Thailand. The report finds migrant workers, it has not curbed the expansion of that the payments differ according to the location irregular migrants; rather, their numbers have risen from where a worker is deported. For example, in parallel with that of legally recruited migrants. workers deported from Bangkok, where they can be expected to have earned a higher income, are The report notes that the term ‘irregular migrants’ charged more than workers deported from Mae Sot is rarely used in official and academic discourse or other areas. in Malaysia, compared with the popular term of ‘illegal immigrant’ or ‘illegal immigrant workers’. The report concludes that Myanmar workers in The report uses illegal immigrants and irregular Thailand are an intensely vulnerable population, migrants synonymously, with the former including subject to abuse by a range of groups including foreign nationals who entered Malaysia clandestinely government officials and human traffickers. It argues without any travel documents; children born to that the Governments of Thailand and Myanmar as foreign nationals in Malaysia and whose births have well as international agencies should acknowledge not been officially documented; foreign workers the legitimate protection concerns of Myanmar whose work passes have expired; pass abusers and migrants living outside of officially recognized contract defaulters; overstayers who may or may not refugee camps and lacking legal refugee status. be in the workforce; foreign nationals in possession of false documents or holding genuine documents Through the analysis of empirical material, the obtained fraudulently; and asylum seekers and report provides new evidence on the abuse of refugees (Malaysia is not a signatory to the Geneva irregular Myanmar migrants in Thailand. It also Convention on Refugees). provides insights into the excessive fees charged by unscrupulous border checkpoint officials who aim to For their research, the authors adopted a profit from the irregular status of Myanmar migrants. triangulation method that combined a quantitative and qualitative approach based on interviews and focus group discussions. Their study covered both Kassim, A. & Haji Mat Zin, R. Policy on East and Peninsula Malaysia; interviews were carried Irregular Migrants in Malaysia: An Analysis out in seven depots (detention centres) and several of Its Implementation and Effectiveness. other places between March and June 2011. The Discussion Paper Series No. 2011–34. Makati survey covered 404 respondents (340, or 84 percent, City: Philippine Institute for Development of whom were detained at the Ministry of Home Affairs depot and 64, or nearly 16 percent, of whom Studies, 2011. were detained in other places). The respondents at the Ministry facility comprised irregular migrants Key words who had been apprehended and were awaiting Bangladesh, Indonesia, Malaysia, Myanmar, deportation. Interviews were also carried out with Pakistan, Philippines various government agency representatives in charge Concepts, irregular migration, modus operandi of of keeping out, controlling and managing irregular smuggling, smuggling migrants and foreign workers. Research method The authors found that the irregular migrants Mixed interviewed had been going to and from Malaysia over a 20-year period, although most of them had Summary come more recently. Most of them arrived by boat, This research report analyses Malaysia’s policy on entering the various sea ports around the country. irregular migrants and specifically examines the A large proportion came directly to Malaysia rather

52 An Annotated Bibliography

than using transit countries, and approximately two Summary thirds used legal documents to enter the country This self-published book explores the Australian because they considered it cheap, fast and easy or border protection system’s safety record in detecting documents were provided by their agents. Those and intercepting asylum seeker boats between 1998 without documents came mainly from Indonesia, and 2011. It has a specific focus on the issue of the Philippines and Myanmar, the latter mainly claiming obligation of Australia’s intelligence-based border to be refugees fleeing their country. The total cost to protection system to protect all human life at sea, immigrate to Malaysia could be expensive, especially including the lives of asylum seekers. The author for those from Bangladesh and Pakistan, and the fees argues that this obligation is not always honoured charged by the employment agents in their home by the Australian border protection system. The countries appeared to be more than those charged by book addresses urgent policy and operational issues the Malaysian agents. to do with how Australia’s border protection system handles safety-of-life-at-sea issues in the course of its The role of social networks was important in regular duties of detecting, intercepting and taking facilitating the journeys of irregular migrants to into custody the smuggled migrants who reach Malaysia. Most of their relatives interviewed for the Australian shores. research were foreign workers also, although some had gained permanent resident status in the country. The methodology involved an examination of public Some respondents had been going in and out of data on Australia’s record of suspected irregular Malaysia numerous times, using the same tactic of entry vessel (SIEV) detections and interceptions entering with a legal document and then violating in the past two decades. The author studied recent its conditions and so becoming irregular migrants. failures in Australia’s record of successfully detecting The report concludes that Malaysia’s foreign worker and intercepting SIEVs. The author’s motivation policy has had a measure of success to the extent that for the research was to contribute to the Australian it has decelerated the expansion of irregular migrants official inquiry processes into the Christmas Island to a manageable level. SIEV 221 shipwreck on 15 December 2010, in which approximately 50 asylum seekers drowned. The report draws important conclusions from the There have been four inquiries, two of which two interviews, including the motivations of irregular were mostly in public. The last and most detailed migrants, their work status in the country, patterns of them took place in the Coroner’s Court of of re-entry, instances of exploitation and migrants’ Western Australia, which reported on 23 February movements in response to the migration policy. 2012. A wealth of diagnostic public-access material Through the collection and analysis of the empirical emerged from the public inquiry and from an earlier material, the report provides insights into the parliamentary inquiry. motivations of irregular migrants and the methods adopted for entering Malaysia. The book describes what the author considers the ‘moral confusion’ of Australia’s policy regarding the arrival and interception of asylum seeker vessels Kevin, T. Reluctant Rescuers. Canberra: Self- in Australian territory. Many examples of such published, 2012. moral confusion occurred in late 2001 during then Prime Minister John Howard’s Operation Relex, Key words which represented his determined mobilization of Australia, Indonesia, Malaysia Australian Defence Force resources to deter and Factors that fuel irregular migration, human and repel asylum seekers’ boats. According to the author, social costs of smuggling, irregular migration, modus moral confusion examples include the significant and operandi of smuggling, routes, smuggling still unexplained tragedy of SIEV X; the near-tragedy of Palapa (the overloaded asylum seekers’ boat in Research method distress located by Australian authorities some 60 Qualitative nautical miles from Christmas Island and finally rescued by a Norwegian merchant vessel); Australian efforts to repel SIEV 4 (the ‘children overboard’

53 Migrant Smuggling in Asia

boat); and other potentially lethal confrontations technically unavailable for weather or other reasons, during attempted forced turn-backs of other SIEV the top operational priority for the Border Protection boats to Indonesia. A similar moral confusion afflicts surface response vessel on station should be to stay Australia’s Border Protection Command today, as on station across these approach routes until normal seen in official evidence tendered at the coronial aerial surveillance coverage can resume. Additionally, inquiry into the 2010 shipwreck of SIEV 221 at in cases in which an asylum seeker boat has Christmas Island and in official responses to public disappeared, there should be full and prompt public questioning about two asylum seekers’ boats that disclosure of all Australian intelligence holdings and went missing in 2009 and 2010. the system’s judgements as to the likely fate of that missing boat. The author also makes an appeal to In examining the Australian border protection politicians from all parties to not be tempted to use system’s safety record in detecting and intercepting deaths at sea as ammunition to bolster preferred asylum seekers’ boats, the author finds that the boat-people processing policy solutions. intelligence-based border protection system routinely collects large amounts of human-sourced and The strength of the book is its unique attempt to signals-sourced data on boats that may be on their analyse Australia’s policies on border protection and way towards Australian territorial waters. However, to measure the Australian Government’s failures it sometimes declines to acknowledge and act on to protect asylum seekers arriving in Australian that intelligence when it indicates the possibility of a territory by boat. Through the analysis of recent ‘suspected irregular entry vessel’ in peril at sea. maritime migrant smuggling incidents and public data on Australia’s record of SIEV detections and Australian public officials and politicians regularly interceptions in the past two decades, the book foster a false public impression that SIEV boats are provides insights into the fate of smuggled migrants, getting lost or sunk, that large numbers of people and the effectiveness, or lack thereof, of Australia’s are drowning on a regular basis, and that migrant maritime smuggling policies and practices. smugglers are almost entirely to blame when this happens. The author considers these ‘myths’ as corrosive to truth and decency in Australia’s border Khosravi, S. “Illegal” Traveller. Basingstoke, protection doctrine and operational culture and in UK: Palgrave Macmillan, 2010. Australian public life generally. Key words The author concludes that the Australian border Afghanistan, India, Iran security system, as a complex intelligence-based Profiles of smuggled migrants, routes, smuggling system, has lost its moral compass. Neither the Labor Party nor the Coalition government (at the time of Research method publication) had dealt well with the responsibility Qualitative of incorporating into the border protection system’s doctrine and operational protocols the obligation to Summary strive to protect all human life at sea. The complex This book explores the issue of border crossing in the layering and bureaucratic compartmentalization of current era of globalization and transnationalism, intelligence-sourced data in the present national analysing how the nation State system regulates security-classified border detection system allows movements of people. The author examines how important truths to be legally concealed or obscured migrant “illegality” is configured in the contemporary by witnesses testifying in parliamentary and coronial world and explores what it means to be an irregular inquiries. migrant.

The book concludes with some recommendations This book is written in an auto-ethnographical for reforms. Border Protection needs clear and style, with personal experiences interjected into explicit operational protocols that, at any time ethnographic writing. Based on the author’s own when aerial surveillance sweeps of the main SIEV migration journey and the informants’ border approach routes to any Australian territories are experiences, the book explores the nature of borders,

54 An Annotated Bibliography

border politics and the rituals and performances operandi of migrant smuggling and the human of border crossing. The author explains that auto- rights abuses of irregular migrants. ethnography was adopted as the methodology for the book because it lets migrants contextualize their accounts of the experience of migrant ‘illegality’. Killias, O. ‘“Illegal” Migration as Resistance: Fieldwork for the book was conducted by the author Legality, Morality and Coercion in Indonesian between 2004 and 2008. Domestic Worker Migration to Malaysia’. Asian Journal of Social Science, vol. 38, No. The book is divided into nine sections, encompassing 6, 2010, pp. 897–914. an introduction, seven chapters and a Coda. It includes an appendix detailing the destinations of Key words the migrants discussed in the book and a preface Indonesia, Malaysia that discusses the issues to be dealt with in the book Irregular migration through the description of two separate events: the author’s own descent into “illegality” at the Iran– Research method Afghanistan border and the suicide of an Iranian Qualitative asylum seeker in a Swedish detention centre. The first chapter examines the author’s own migration Summary experience and journey into “illegality”, as he defines This article picks up the dominant discourse on it. The author is an Iranian young man driven into “illegal” migrants in the context of Indonesian a clandestine existence before he decides to flee labour migration to Malaysia and discusses recent the country. He highlights elements of choice in political decisions made by both Indonesia and contexts of ‘forced’ migration. The next two chapters Malaysia to regularize migratory movements from discuss issues of migrant illegality in which the Indonesia and finds that these state decisions and author explores his own attempts to exit Iran and efforts at regularizing migration have been promoted his life as an “illegal” migrant (as he describes it) in as combating human trafficking and “illegal” Pakistan, in transit to the West. In the final sections migration but have in fact led to the legitimization the author explores the perils and dangers associated of a migration scheme that is similar to colonial with fleeing to the West, his shift from asylum seeker indentured labour. to refugee and the issue of refugees’ rights. The arguments presented in the article are based on Although the book does not set out to highlight the author’s 14 months of multi-sited fieldwork as any findings or conclusions, the author explores well as on the analysis of several recent studies that the experience of asylum seekers, the reasons that have addressed the question of general assumptions asylum seekers are forced into clandestine existences about “legal” and “illegal” labour migration in and underlines how the experience of border Asia. The article also examines the narrative of an crossing does not end when the final destination Indonesian domestic worker in Malaysia to argue is reached. The book provides information on the that “illegal” migration can be seen as an act of fees and payments for migrant smuggling services voluntarily circumventing institutions, such as and the modus operandi and routes of smuggling, recruitment agencies, which are leading workers into particularly from Iran to the West. It also discusses legal but bonded labour arrangements. the various factors that fuel irregular migration, such as war and political strife. The article describes the labour migration patterns between Indonesia and Malaysia in recent years The strength of the book is the way in which the and explains how the Indonesian Government has author presents ethnographic data, which provides endorsed the long-standing practices of private rich empirical insights and raises important points recruitment firms by making it compulsory in relation to irregular migration and migrant for all prospective migrant workers to register smuggling. The book makes a contribution to the with a recruitment agency. The article finds that body of knowledge on migrant smuggling with commercial recruitment agencies are key players its insights into smuggling networks, the modus in the increasingly formalized, bureaucratized and

55 Migrant Smuggling in Asia

legalized transnational ‘maid trade’. These agencies state-sanctioned migration system gradually leads organize the recruitment process, the issuing of the domestic workers into legal but bonded labour required documents and the compulsory training arrangements and that the labour contract needs to of the prospective domestic workers before sending be analysed as an instrument of subordination. them to their partner placement agencies in the countries of destination. Agencies also advance The strength of the article is that it provides insights the money to cover all expenses related to the into the discourse on “legal” and “illegal” migrant migration of Indonesian domestic workers until workers and questions whether state intervention the domestic workers arrive at their destination. has improved Indonesian migrant workers’ access to Upon employment abroad, the domestic workers’ better working conditions, better wages and justice debt is transferred from the Indonesian agency or made the workers more vulnerable to exploitation. to the Malaysian employers, who, subsequently, deduct payments from the workers’ wages for several months. Koser, K. ‘Dimensions and Dynamics of Irregular Migration’. Population, Space and The author argues that, from the very beginning Place, vol. 16, No. 3, 2010, pp. 181–193. of the migration process, the repayment of the migration debt is conditioned by restrictions on the Key words domestic workers’ freedom of movement. As soon Irregular migration as the domestic workers enter the camps owned by Indonesian recruitment agencies to undergo Research method the week-long, compulsory training, prospective Mixed migrant domestic workers are completely isolated from their social networks. Summary This article critically reviews irregular migration data The article highlights the abuse of domestic workers and recent sources to provide an overview of the and how they are forced into situations of irregularity. dimensions and dynamics of contemporary irregular The author explains that domestic workers are legally migration. entitled to change employers once during their two-year contracts in the event of abuse. Standard For the study, the author collected and analysed employment contracts of Indonesian domestic irregular migration data and reviewed recent workers in Malaysia state that workers may change literature on the subject of irregular migration. employers if they have “reasonable grounds to fear for [their] life, [are] subject to abuse or ill-treatment The article examines the challenges associated with by the employer or if the employer has failed to counting irregular migrants and the conceptual pay [their] wages”. The study found, however, challenges of differentiating irregular migration that Indonesian domestic workers were often stocks from flows; addressing the variety of routes kept from holding a copy of their contracts, were into irregularity; distinguishing migrant smuggling sometimes prevented from even seeing the contents from human trafficking; and separating asylum of the contracts when signing them and were, as a from aggregate statistics. The discussion includes the consequence, often completely unaware of their practical challenges of dealing with a series of direct rights. Furthermore, while some migrant workers and indirect methods for collecting statistics and may choose to run away if suffering abuse by their highlights the difficulties researchers experiencing employers, they are routinely subject to arrest and when accessing official statistics. deportation by police. The article also reviews the available explanations The author notes that any attempt to migrate for irregular migration. The author distinguishes independently, outside of this state-sanctioned macro-level explanations that focus on structural recruitment scheme, is declared by Malaysian causes from meso-level explanations that are and Indonesian authorities as a form of irregular primarily concerned with the role of policies and migration. The author concludes that the legal, intermediaries in irregular migration. The author

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highlights the shortage of micro-level explanations The report is based on three main sources of data: concerned with individual and family decision- a review of published articles and reports as well making in the irregular migration process. In the as internal IOM and UN documents; interviews final section of the article, the author discusses the with IOM officials and a range of government, consequences of irregular migration. In particular, civil society and private sector representatives in the author focuses on the issue of security and finds Afghanistan, Pakistan and Geneva; and feedback on that although irregular migration may undermine each draft, including during a roundtable discussion state sovereignty, the implications of irregular in Kabul in January 2014. The author visited migration for the ‘human security’ of those involved Pakistan (Islamabad) and Afghanistan (Kabul) to should not be underestimated. familiarize himself with the migration context. Interviews were conducted in person or by telephone The article concludes that irregular migration and occasionally by email with representatives from researchers are greatly constrained by the lack of government, international organizations, academia, accurate, verifiable, up-to-date and comparable civil society and the private sector. Several interviews data on irregular migration. In many cases, this is were also conducted with IOM and other officials due to difficulties in collecting accurate statistics outside Afghanistan and Pakistan, including in but it is also due to the fact that important data countries likely to be affected by migration and is not made available to researchers by states. The displacement from Afghanistan. The report is author concludes that, considering the inherent structured according to the IOM Migration Crisis weaknesses in the current methods for enumerating Operational Framework, which is organized around irregular migration, new and innovative methods for two pillars that focus, in turn, on distinguishing the collecting data should be pursued, such as ethno- phases of a crisis (before, during and after) to direct surveys. the type of response required and identify the sectors of assistance required at each stage. The article provides insights into the barriers associated with collecting irregular migration data. Although the report focuses its discussion on The article does not make a direct contribution to the mobility in Afghanistan mostly on asylum seeker body of knowledge on irregular migration because of flows, it also discusses the subject of undocumented its focus on the issue of data collection. migration. The report examines Pakistan’s efforts to register undocumented migrants; in August 2013, the Pakistan Government requested IOM Koser, K. Transition, Crisis and Mobility in to proceed with the registration of undocumented Afghanistan: Rhetoric and Reality. Geneva: migrants while indicating its continuing support for International Organization for Migration, their eventual return to Afghanistan. In Iran, the 2014. Government adopted a policy of formalizing the presence of undocumented Afghans by issuing short- Key words term visas, work permits and travel documents. Afghanistan, Iran, Pakistan Even though a significant number of Afghan Factors that fuel irregular migration, irregular undocumented migrants were formalized in this way migration, routes in recent years, a large number of deportations have been carried out. Research method Qualitative The report concludes that the most likely displacement outcome of the Afghanistan transitions in the Summary immediate future will be more internal displacement. This report provides insights into migration The report suggests that, for a substantial proportion transitions in Afghanistan and outlines strategic of Afghans, internal displacement has become a priorities for International Organization for common survival strategy. If further displacement Migration (IOM) and its partners. occurs outside Afghanistan, most migrants and refugees are expected to cross into Pakistan using official border crossings, whereas Iran may close its border with Afghanistan.

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The report offers insights into migration transitions America. The report also finds that, more recently, in Afghanistan over the next year, including internal such countries as Turkey and Australia have become and external migration consequences. But because important destinations for Afghan asylum seekers. its discussion of undocumented migration is limited to two short paragraphs, it does not contribute to the The report analyses the flows of Afghan migrants to body of knowledge on irregular migration. Australia, particularly clandestine maritime arrivals, and Australia’s policy response. In recent years, Australia initiated additional resettlement quotas and Koser, K. & Marsden, P. Migration and provided increased support to the United Nations Displacement Impacts of Afghan Transitions High Commissioner for Refugees, including for the in 2013: Implications for Australia. Irregular acceptance of Afghan Hazara refugees from Pakistan. Migration Research Program Occasional The purpose of these initiatives was to encourage Paper Series. Canberra: Department of safe and legal migration to Australia. However, the report explains, despite those initiatives, the number Immigration and Border Protection, 2013. of Afghan irregular maritime arrivals continued to increase in 2013. The report concludes that it Key words is likely that Afghan Hazaras will remain a major Afghanistan, Australia irregular maritime arrival group to Australia in 2014 Irregular migration, routes, smuggling and beyond. Research method Through the analysis of current research on Qualitative projections for security, political stability and economic growth in Afghanistan during and after Summary 2014, the paper provides insights into the projected This paper assesses the impact of Afghan migration patterns of irregular migration of Afghans to and displacement trends in 2014, particularly on Australia. Australia. The report suggests that 2014 is expected to be a year of political, security and economic transition in Afghanistan and that instability Koser, K. & McAuliffe, M. Establishing an and insecurity during and after 2014 are likely to exacerbate current migration and displacement Evidence-Base for Future Policy Development trends. on Irregular Migration to Australia. Irregular Migration Research Program Occasional For the study, the authors reviewed recent research Paper Series. Canberra: Australian and analysis on projections for security, political Department of Immigration and Citizenship, stability and economic growth in Afghanistan 2013. during and after 2014. The paper is one of a series of occasional papers produced as part of the Australian Key words Department of Immigration and Border Protection’s Afghanistan, Australia, Pakistan Irregular Migration Research Program. The aim of the Factors that fuel irregular migration, irregular Occasional Paper Series is to provide information on migration, modus operandi of smuggling, routes, and analysis of specific irregular migration issues of smuggling relevance to Australia but within a broader migration and/or global context. Research method Mixed The authors examined the flows of irregular migration from Afghanistan in recent years and Summary thus write about two key flows of Afghan migration This paper was drafted in response to a beyond the hinterland: migrant workers to Saudi recommendation of the 2012 Expert Panel on Arabia, the Gulf States and other parts of the Middle Asylum Seekers, which encouraged the Australian East; and irregular migrants and asylum seekers Government to establish an Irregular Migration to industrialized countries in Europe and North

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Research Program. It is the first paper in a series was made in consultation with a family member, of Occasional Papers published by the Program to including in a majority of cases, family members support its work and was specifically designed to outside Pakistan. Cost is a crucial influencing factor help identify gaps in knowledge and research on in family decisions to use the services of a smuggler. irregular migration in the Australian context by comparing it with international research and to One of the major policy implications that emerged make recommendations about how to fill these gaps, from the research is the importance of recognizing drawing on international experience. that family members are critical actors in making and facilitating the migration decision and thus are The methodology was based on four main sources as important a target for policy interventions as are of information. The first was Australian data and would-be migrants or returnees. Further research is information on irregular migrants, particularly those required, especially in Australia, writes the author, who arrived by sea. The second was an extensive to answer questions about why irregular migrants literature review, including academic publications, choose Australia as a destination, at what stage of policy reports and a few unpublished sources. The the migration process this choice is made and what third source was the authors’ research in relevant the evidence is regarding information campaigns and areas. This yielded publications that form part how they can be more effective. of the review but also unpublished data that are used for the basis of some of the conclusions and The paper provides insights into the modus operandi recommendations in the paper. Finally, the paper of migrant smuggling, the push-and-pull factors drew on a series of informal discussions with relevant for irregular migration and the influence of family stakeholders in Australia and elsewhere, including members in the migration decision process. with members of the Irregular Migration Research Advisory Group. Kumar, R. ‘Broader Implications of Open The paper is structured in two parts. The first part Border: The Case of India and Nepal’. A provides information and some observations on Biannual Journal of South Asian Studies, irregular maritime migration to Australia and 2012, pp. 98–111. articulates some of the underlying reasons why it is such a contested topic. The second part addresses Key words the knowledge and research gaps by focusing on the India, Nepal, Pakistan various stages of the irregular migration process. Irregular migration, routes, smuggling

The paper describes the irregular migration process Research method in four stages: the decision to leave the country of Unknown origin; the choice of destination; transit (including migration routes, organization of the journey and Summary experiences in transit countries); and return. The This paper looks at the implications of the open paper also refers to experiences in the destination border situation between India and Nepal and country where these experiences may have an impact the uncontrolled activities, including irregular on the other stages. These stages are not always discrete migration, that are occurring as a result of the open or necessarily sequential—an irregular migrant border. The paper suggests that the open border may select his or her destination before leaving the arrangement has been instrumental in shaping the country of origin and experiences in destination age-old relationship of mutual interdependence countries may influence return motivations. between the two countries, reiterating friendliness and proximity; however, the unrestricted flow has Analysis of case studies on the decision to migrate, produced a number of negative implications with specifically in the Pakistan context, revealed that the it as well, including the illegal movements of goods decision to migrate with a smuggler was not often and people. an individual decision. In most cases, the decision

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The methodology for the article is not explained, Beings/Smuggling of Migrants: A Report but it appears to have consisted of a review of recent About Italian Legislation’. International literature and analysis of recent border incidents. Journal of Humanities and Social Science, vol. 2, No. 19, 2012, pp. 101–114. The author cites a number of benefits for cross-border migration between India and Nepal. These include Key words access to health services, education, entertainment Greece, Italy, Sri Lanka, Tunisia and other activities for the Nepalese people living Concepts, irregular migration, routes, smuggling in the border areas, which are extensively dependent on India, especially for health-care and education. Research method The paper also highlights the negative implications Qualitative of the open India–Nepal border and free movement across the international boundary. Easy cross-border Summary migration has led to smuggling of all kinds of goods, This article highlights the relationship among terrorist activities and citizenship problems. After irregular migration, human trafficking and migrant 2001 and as the internal armed conflict in Nepal smuggling. The article positions these crimes as intensified, the flow of migrants from Nepal to global phenomena that affect both industrialized and India heavily increased. From the Nepalese side, it developing countries and as a ‘national emergency’ was alleged that citizens of other countries entered involving organized crime in Italy. The article Nepal to avail of the opportunities under the guise examines the national laws regarding these offences, of Indians. Because the border is open, it becomes compares European and international juridical difficult to check the flow of movement of the instruments and proposes solutions to combating population and to determine whether migrants are such transnational crimes. from India or some other South Asian country. The article discusses trafficking in persons according In principle, both Nepal and India have positively to the Trafficking in Persons Protocol, which Italy agreed to control illegal activities along the border, has used to describe human trafficking and non- but there is no effective and practical approach to trafficking cases in its legislation. achieving this goal. Furthermore, the multiplicity of routes along the border, the existence of ready markets The methodology is not explained in detail, but on both sides and the relatively thin presence of law the authors mention that they examined national enforcement agencies on the ground make the task of laws on irregular migration, migrant smuggling countering these illegal activities difficult. The paper and human trafficking, and compared national and concludes that to reduce illegal border activities, a regional laws, policies and other instruments that more regulated border arrangement is needed. An aim to combat these crimes. immediate solution would be a substantial increase in the number of official border crossings to stem The article examines the push factors for irregular the open flow of human movement between the migration and suggests that the reasons for migration countries. to Europe are multiple and include the lack of work in less developed countries; the hope to change The paper provides insights into illegal activities social, financial and professional conditions; natural occurring at the India–Nepal border; however, due catastrophic events and civil wars. The article suggests to the lack of empirical material included in the there is also a political factor—governments and analysis, it does not make a direct contribution to their domestic policies have caused large numbers the body of knowledge on irregular migration. of people to emigrate. The author finds that where and when populations are politically suppressed and violence is widespread, irregular migration becomes Lanza, E. & Pasculli, M. A. ‘The Condition attractive, and migrants are more open to accepting of Foreigner as a Contact Between Illegal the services offered by migrant smugglers. Immigration and Trafficking in Human

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The article also examines the routes taken by irregular decade, examines the new trends and characteristics migrants to Europe, describing the route that links of Chinese immigration since 2000 in terms of North Africa and Sicily. On this route, Tunisians and type, status and distribution by major destination Maghrebians, in particular, move into Pantelleria and and highlights the key issues, factors and dynamics Lampedusa in Italy. The second is the clandestine related to Chinese immigration and integration into route that links Sri Lanka and Sicily and the Calabria the European Union. The report also highlights regions, crossing the Suez Canal. On this route, Sri a number of policy issues for scholars and policy Lankans leave their country in small boats to avoid makers. customs before travelling to the high seas where they are collected by smugglers in bigger boats. These The report addressed research questions through a ships travel to southern Italy, circumnavigating the review of official information, an interpretation of Arabic Peninsula and across the Suez Canal. The data from fieldwork conducted by one of the authors third route is the clandestine route that links Albania in Italy, China, the United Kingdom and Italy and and the Puglia region and vice versa. Other routes through a review of the latest research studies of described include the route that links Greece and other scholars, both in the European Union and Turkey and the Adriatic Sea through the ferry lines; China. Additional fieldwork was conducted by the and the Italic-Slovene frontier, the main illegal route authors in China and Italy in 2011 to collect updated by land that links the Eastern and Western European information and to verify their research findings. This countries. fieldwork principally consisted of structured and semi-structured interviews with Chinese association The article concludes that the increase of representatives, EU and European government transnational organized crime, including irregular officials or representatives, Chinese officials at the migration and the huge illegal profits it generates, local and national levels and scholars from Europe creates a significant problem that is not easily solved. and China working on Chinese international The article concludes that the best way forward is migration and immigration into Europe. A number to develop sound policy responses to transnational of experts and research centres in Guangdong, crime. Wenzhou, Shanghai and Beijing were also contacted. The authors also undertook a systematic collection The article provides insights into the clandestine of secondary data, including the latest relevant routes taken by migrants to Italy; however, the publications in English, Chinese and Italian. To discussion on irregular migration in the article is brief compile the statistical data presented in the report, and empirical material is not presented, therefore the the authors used European Union and European article does not contribute directly to the body of Commission reports and statistical data sets publicly knowledge on irregular migration. available online or in published documents; the annual reports of the European Migration Network; statistical reports and data published by EU national Latham, K. & Wu, B. Chinese Immigration governments and by China; published statistical data Into the EU: New Trends, Dynamics and in academic works in Chinese, English and Italian Implications. London: Europe China on Chinese migration and immigration into Europe; Research and Advice Network, 2013. and data from the Organisation for Economic Co- operation and Development. Key words China In the 1990s and early 2000s, as the report explains, Irregular migration, routes the development of irregular immigration routes and structures of operation facilitated the irregular Research method immigration of Chinese nationals into many Mixed European countries. Illegal operations run by ‘snakeheads’ (migrant smugglers) from Fujian and Summary Zhejiang provinces in south-eastern China smuggled The report draws a general picture of Chinese immigrants via a number of routes through the immigration into the European Union over the past Middle East, Eastern Europe and, in some cases, via

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Africa and South America. These operations often European Union should encourage and support offered work and accommodation in the destination Member States in the empowerment of Chinese country in exchange for large sums of money, either immigrant workers and other vulnerable groups paid up front in China or contracted as debts to be through the establishment of various voluntary paid off through labour on arrival. The report finds support networks and mechanisms. that irregular immigration was not an easy way into Europe and could involve many dangers and risks The report contributes to the body of knowledge for the smuggled migrants, including exploitation on irregular migration through the EU Member by the snakehead gangs, treacherous sea and land State profiles, which provide statistics on irregular journeys that could end in death and the risk of migration flows and information on the routes discovery and deportation by European or other and methods of irregular migration from China to authorities. However, the authors argue that for individual European countries. many poor Chinese, smuggling groups, which were able to circumvent legal requirements and processes, offered a possibility of immigration that previously Latt, S. S. W. ‘Managing Migration in the did not exist. Since the late 2000s, irregular Chinese Greater Mekong Subregion: Regulation, immigration, particularly people smuggling, has Extra-Legal Relation and Extortion’. been in decline, and the authors credit this to the Singapore Journal of Tropical Geography, vol. increasing number of alternative, safer ways for 34, No. 1, 2013, pp. 40–56. Chinese immigrants to reach Europe legally. Key words The report concludes that various important trends Thailand and issues in Chinese immigration into the European Irregular migration Union have emerged since 2000 that have important implications for the future of Chinese communities, Research method for relations between Chinese immigrants and local Qualitative populations and for relations between China and the European Union and its member countries. Summary The issues cited for consideration include the mixed This article reviews the regulation, extortion and impacts of the global and European economic crises deportation of irregular migrants in the Mekong on Chinese immigration into Europe; the importance subregion, with a focus on Thailand. The author of changes in immigration and other policies argues that extra-legal relations between migrants in different member countries; the continuing and state/para-state agents constitute a crucial transformation of the Chinese business landscape part of migrant regulation. The author also argues and the nature of Chinese communities in many that the Asian Development Bank (ADB), in member countries; working conditions and forced its responsibility for transferring the regulation labour in some Chinese businesses; and high degrees of migration to the national scale, inadvertently of mobility and transnationality among Chinese reinforces national differences between Thais and communities in Europe and beyond. Chinese migrants, and that the often complex and ad hoc immigration into the European Union will continue implementation of national migration regulations to rise; however, its rate of growth is slowing down, leaves migrants vulnerable to violence and extortion and this trend will continue, owing to the worsening from state officials in Thailand. economic environment and the decreasing economic opportunities in some of the countries hit hardest by Data collection for the study was conducted in the financial crises. Thailand’s Chiang Mai Province between June 2010 and October 2011 and involved migrant workers, The report recommends that EU and Member State government officials and NGO representatives. The policies related to Chinese immigration into Europe research cohort included 130 research participants, need to pay careful attention to the specific local nine Thai and Myanmar officials, eight NGO circumstances and constitution of each Chinese representatives and two employees from Thai broker community there. The authors also suggest that the companies that service migrant workers. The author

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conducted in-depth interviews with government Lindley, J. & Beacroft, L. Vulnerabilities officials, NGO representatives and staff members, to Trafficking in Persons in the Pacific and both in-depth and semi-structured interviews Islands. Canberra: Australian Institute of with migrant workers. The snowball method was Criminology, 2011. used to recruit government officials and migrant workers for the study. The author also drew on Key words professional relationships to access ethnic migrants Fiji, Palau other than Shan to ensure that the research sample Human and social costs of smuggling, routes, included members of different groups, and men and smuggling women of different ages working in various sectors in Chiang Mai. Research method Qualitative The article examines the ADB’s approach to migration. There is a gap between the ADB’s stated Summary encouragement of migrant regulation at the national This paper presents the details of a study on the scale and its actual financial and programmatic vulnerabilities to human trafficking in the Pacific focus on human trafficking and disease control. The Islands. article also examines formal migrant regulations in Thailand, which are considered highly exploitive. The paper uses the definition of trafficking in persons The often complex and ad hoc official processes found in the Trafficking in Persons Protocol. of migrant regulation create circumstances in which state officials are able to extract money from In addition to an analysis of recent literature migrants. Migrants in Thailand are obliged to pay and reports on trafficking in persons and related money for migrant registration in various steps. crimes, the authors also analysed information from In addition, they are required to pay money for Pacific Island stakeholder forums and consultations semi-legal registration programmes and to corrupt conducted by the Australian Institute of Criminology officials who exploit the migrants’ ‘deportability’. with regional partners in 2008 and 2009. The study Such interactions between authorities and migrants sought to address the gap in knowledge by providing are everyday occurrences, which significantly deplete an overview of vulnerabilities and approaches to migrants’ financial resources. The result is that countering them. migrants remain poor and are forced to accept low wages and poor working conditions. The paper examines the push factors for migration in the Pacific Islands, noting that increased movement The author concludes that the ADB is more concerned within or out of the region by nationals is, in part, due with regulating mobility than addressing inhumane to population drivers. Growth rates in the majority of and restrictive national control of cross-border the Pacific Islands, particularly Melanesia, generally populations. Therefore, the ADB ends up focusing exceed average economic growth rates, increasing on human trafficking and disease control while the pressure to migrate to find work. In addition, avoiding any intervention on how governments deal natural disasters, poverty or disparities in economic with migrant workers. The result, says the author, is and security conditions, together with other push- that cross-border migrants remain the most invisible, and-pull factors, have led to a substantial people vulnerable and exploitable members of the Mekong movement in the region. subregion. The Pacific region has a history of migration without The article provides insights into how the ad hoc adequate documentation; migration in these implementation of national migration regulations circumstances makes migrants more vulnerable leaves migrants subject to violence and extortion to exploitation or trafficking. Some Pacific Island from state agents in Thailand. Because it focuses on nations have enacted anti-trafficking legislation, and regulations and the ADB’s role in the nationalization model legislation to support the enactment of sound of migration regulation, the article does not make domestic legislation is becoming available. However, a direct contribution to the body of knowledge on many other Pacific Island nations rely on often irregular migration.

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inadequate criminal law provisions in which human seekers and traces the evolution of Australia’s attempts trafficking is not recognized as a specific crime. to reduce the number of asylum seekers arriving on its territory. The article gives a brief background to the The paper concludes that what is necessary to prevent Malaysia Solution and the 2011 joint announcement human trafficking in the Pacific Island region is a between the Malaysian and Australian Governments renewed focus on domestic as well as transnational regarding the Malaysian Solution. The joint trafficking in persons and local specialized anti- announcement set out the Australian Government’s trafficking legislation and law enforcement support. plan for a one-off ‘pilot’ project in which Malaysia Additionally and considering the transnational would agree to accept a fixed number of asylum element of vulnerabilities in the Pacific Islands, seekers from Australia in exchange for Australia strengthening border controls and the regulation of agreeing to expand its humanitarian programme people movements into and out of each country and for resettling refugees residing in Malaysia. The the wider region may be a critical part of prevention. article considers the features of the arrangement and highlights the concerns raised at the time over the The strength of the paper is its discussion of Malaysian arrangement; in particular, that Malaysia the links between irregular migration cases and was not a party to the Refugee Convention and had trafficking in persons crimes in the Pacific Islands. no refugee status determination procedures of its However, because the focus of the paper is on human own in place and that under Malaysian law, asylum trafficking, the paper does not make a significant seekers and refugees were treated in the same way contribution to the body of knowledge on irregular as other irregular migrants and may face penalties, migration. including fines, imprisonment and caning for immigration violations.

Lowes, S. ‘The Legality of Extraterritorial The article explores the High Court decision Processing of Asylum Claims: The Judgment regarding the Malaysia Solution, which concluded of the High Court of Australia in the that for Australia to remove a person from its territory “Malaysian Solution” Case’. Human Rights to a third country without having first decided Law Review, vol. 12, No. 1, 2012, pp. 168– whether the person has a well-founded fear of persecution for a 1951 Refugee Convention may put 182. Australia in breach of its international obligations, particularly the non-refoulement obligation set out Key words in article 33(1) of the Refugee Convention. The Australia, Malaysia article concludes that the High Court decision cast Irregular migration, smuggling doubt over the Australian Government’s regional processing framework. Research method Unknown The article highlights Australia’s difficulties in managing the offshore processing of irregular Summary migrants as well as the ongoing fragility of the This article analyses Australia’s policy of offshore protections afforded to asylum seekers under processing of asylum seekers and the Australian Australian law. However, because the article’s focus High Court’s decision in what has become known as is on the specific issue of the Malaysia Solution case, the Malaysian Solution. it does not make a direct contribution to the body of knowledge on irregular migration. The methodology is not explained, but it appears that the author reviewed Australia’s policy of offshore processing and available documentation concerning Lu, Y., Liang, Z. & Chunyu, M. D. ‘Emigration the Malaysia Solution. from China in Comparative Perspective’. The article provides a brief historical overview of Social Forces, 2013, pp. 1–28. Australia’s policy of offshore processing of asylum

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Key words while doing little to reduce the desire for migration. China, United States of America And the unintended consequences of the Chinese Factors that fuel irregular migration, irregular Government’s restrictive migration measures include migration increased demand for smuggling services and rising smuggling fees. Research method Mixed The paper provides insights into the dynamics of irregular migration from Fuzhou Province to the Summary United States and the European Union. The paper This paper looks at trends and patterns in emigration contributes to the comparative migration research from China to the United States and Europe in that incorporates different sending and receiving recent years. The paper provides a historical overview contexts within a common framework. of Chinese irregular migration to the two regions since the 1970s and analyses the social, human and political factors that influence irregular migration Mallia, P. Migrant Smuggling by Sea: from China. Combating a Current Threat to Maritime Security Through the Creation of a Cooperative The study involved systematic data collection in Framework. Boston, MA: Martinus Nijhoff 2002–2003 from two regions in Fujian Province, Publishers, 2010. which was chosen because it has become one of the most prominent migrant-sending regions in China. Key words The data collection design adopted an ethno-survey Australia approach and was implemented similarly in the two Modus operandi of smuggling, routes, smuggling sending regions in Fujian to allow useful comparisons between Chinese immigration flows and non- Research method Chinese immigration. The authors employed event Qualitative history analysis with time-varying covariates to capture the dynamic migration process. Summary This book is concerned with the issue of whether The paper investigates the roles of three types of the existing framework governing jurisdictional resources relevant to the migration process: migrant powers in the law of the sea is adequate to deal social capital, political capital and human capital. with the maritime migrant smuggling issue. The The paper assesses the ways in which kinship migrant author argues that while it is possible to respond networks and village migrant networks moderate to maritime migrant smuggling within the existing the costs and risks of emigration across contexts framework of international law, it is not altogether and over time. It examines how political capital as easy or straightforward due to the human rights accumulated through cadre status, interacts with considerations. context to shape the formal and informal conduct of emigration. Of particular interest is the context ‘Migrant smuggling by sea’ is outlined as a particular characterized by different and changing local state offence, recently defined in international treaty law, policies in sending areas and the extent to which in which individuals are assisted in their attempt the availability or restrictedness of migration to enter a State’s territory via the sea in a covert opportunities conditions the role of human capital manner in violation of its laws, evading detection characteristics in emigration. by its border control officials. Individuals seeking to enter countries in this way include those who are The paper also examines the policy response to attempting to flee conflict, persecution or natural irregular migration and smuggling and finds that disaster crises as well as those seeking to circumvent since the 1990s, the Chinese Government has stepped migration and border controls, often to improve up measures against migrant smuggling. The author their economic circumstances. The book defines concludes that the Chinese Government’s initiatives migrant smuggling according to the Smuggling of have made irregular emigration increasingly difficult Migrants Protocol.

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This book is based on the author’s doctoral thesis, Approach. Geneva: Global Migration Group, awarded by the International Maritime 2013. Law Institute in 2009. For the thesis, the author collected and assessed a wealth of material Key words on maritime smuggling state practice and subjected Concepts, factors that fuel irregular migration, it to incisive legal analysis. human and social costs of smuggling, irregular migration, smuggling The book provides a factual account of migrant smuggling by sea and presents the crime as a threat Research method to national security and as a facet of organized Unknown crime. The book examines how States pursue their maritime migrant smuggling policy interests and Summary aims and outlines various operational and technical This paper outlines rights-based approaches to approaches adopted by States to overcome practical addressing the exploitation of irregular migrants. problems inhibiting action on migrant smuggling. It devotes considerable attention to examining The book also discusses the opportunities for state the different categorizations of irregular migrants, action on maritime migrant smuggling and the although the central argument is that all exploited constraints on state responses. In this discussion, the migrants are entitled to protection and assistance, author analyses the jurisdictional powers of States irrespective of their ‘label’ or migration status. as well as the humanitarian element of migrant smuggling, including human rights principles and The paper discusses a number of concepts, foremost the duty to rescue those in distress at sea. Examples among them is exploitation. Even though the term of international cooperation on maritime migrant is widely used in migration discourse, there is no smuggling are explored, and the book illustrates international legal definition, yet the concept is examples of similar cooperation in the fight against amorphous. The paper draws on the International other crimes, such as maritime drug trafficking and Organization for Migration’s Glossary on Migration maritime terrorism. definition of exploitation to provide examples of the types of exploitation. The paper also discusses the The book concludes with a discussion on whether it conceptual challenges in understanding exploitation is possible to work within the current legal regime and examines the questions of the degree or to combat maritime migrant smuggling. The book severity of exploitation, consent to exploitation and uses case studies from Australia, the United States vulnerability to exploitation. and the European Union to illustrate salient points and support the author’s argument that States have The methodology for the paper is not discussed strayed beyond what is strictly necessary and legal but it appears that the author reviewed literature in the fight against migrant smuggling by sea. There on irregular migration and assessed States’ policy is a pressing need to define the circumstances in responses to irregular migration. which a State is obliged to assume responsibility for processing the asylum claims of those rescued at sea. The paper examines the types of exploitation suffered by migrants, including sexual exploitation, The book makes a contribution to the body of debt bondage, labour exploitation, forced marriage knowledge on migrant smuggling through its and forced adoption. The paper analyses each type discussion of the modus operandi of maritime of exploitation, considering the legal and policy migrant smuggling and its detailed examination of frameworks around the issues and ends each the international legal obligations regarding migrant discussion with a series of questions designed for smuggling by sea. policy makers. The author argues that even before they leave home, migrants are exploited. Recruitment agencies overcharge migrants for their services or McAdam, M. Exploitation and Abuse of misrepresent the journey and the employment International Migrants, Particularly Those waiting for them at the other end. Irregular migrants in an Irregular Situation: A Human Rights also may be exploited by corrupt border guards and

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other officials who facilitate their passage through Summary borders or turn a blind eye in exchange for bribes This article investigates media representations of or other benefits. Migrants may be robbed, extorted, asylum seekers in Australia who arrived by boat from assaulted, held to ransom, beaten or even raped Indonesia in the five days after the 2009 suspected by traffickers, smugglers, border officials or others irregular entry vessel (SIEV) 36 incident in which a during their journey. Women and girls as well as men boat carrying 49 Afghan asylum seekers exploded off and boys may be compelled to sell sexual services in the north coast of Australia. The article investigates exchange for smuggling services or basic needs, such how the media presented asylum seekers in print as food or accommodation, during the journey. and online editions, how the public responded to the issues through the use of online forums, and Migrants who use the services of smugglers are whether the Australian press is complying with particularly at risk of experiencing such treatment. Australian Press Council reporting guidelines on The paper argues that smugglers may put the lives asylum seekers. of migrants in danger, charge exorbitant fees and threaten migrants or their families who fail to pay The authors drew upon a number of social theories them. Additionally, smuggled migrants are often at to guide the study, including the theory of ‘moral heightened risk of being exploited, given that they panics’, the theory of ‘risk society’ and framing may have incurred debts to smugglers and have to theory. Data for the study comprised newspaper pay them off through work. Migrants in irregular and online media reporting of the SIEV 36 incident situations are particularly vulnerable to exploitation from 16 to 20 April 2009 in two Victorian-based relative to their counterparts in regular situations newspapers—the Herald Sun, The Age and one and are less able to defend themselves against national paper, The Australian. These papers were exploitation. chosen because they have a substantial share in both the online and print circulation in Victoria. The paper concludes by arguing the case for a They also provide an example of the diversity within coordinated approach by relevant agencies and Australia’s print media, between broadsheet dailies individuals to respond to irregular migration and (The Age and The Australian) and tabloids (Herald ensure the protection of irregular migrants. Sun). The authors searched print-based newspapers by hand, including the Letters to the Editor section, The paper presents a useful discussion of concepts and set up alerts to inform them of any new online and legal frameworks as well as some important additions or reports of the SIEV 36 incident. The considerations for protecting irregular migrants. authors also checked online forums for responses from the public at the end of each day. The authors looked at the overall tone of the articles (positive or McKay, F. H., Thomas, S. L. & Warwick negative) by searching for key terms and frames and Blood, R. ‘“Any One of These Boat People used a thematic analysis to identify the key themes Could Be a Terrorist for All We Know!” Media to describe asylum seekers and the SIEV incident. Representations and Public Perceptions of “Boat People” Arrivals in Australia’. The authors found that the most prominent frame in the early reporting of the SIEV story was the Journalism, vol. 12, No. 5, 2011, pp. 607– ‘illegality’ associated with individuals involved in 626. the incident and their method of arrival in Australia. Reporters regularly used such terms as “queue Key words jumpers” and “illegals” to describe those aboard the Australia boat, while the phrase “people smugglers” was used Irregular migration, smuggling to describe those aiding the asylum seekers. Rarely did any other perspective appear in the Herald Sun. Research method The Age gave the most balanced presentation of the Qualitative story in its print edition, publishing two articles that were dominated by a counter frame or a positive tone that presented the statistics and discussion of

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policy in an attempt to dispel some of the common in stimulating debate and discussion about irregular myths relating to asylum seekers. migration and migrant smuggling. Because the article focuses on media reporting on asylum seekers, Asylum seekers arriving by boat were reported and it does not make a direct contribution to the body of responded to as a risk to Australian society. This knowledge on migrant smuggling. view was common in both press reports and online responses. The discourse surrounded two issues— the first was that asylum seekers arriving by boat Mekong Migration Network. No Choice in and the individuals involved in smuggling them the Matter: Migrants’ Experiences of Arrest, were exploiting Australia and Australian people. This Detention and Deportation. Chiang Mai, occurred through reports of the ‘illegality’ of the Thailand: Mekong Migration Network, 2013. asylum seekers and the ‘dishonest’ way in which they were seeking asylum in Australia. Despite the expert Key words opinions used within articles presenting the reality Thailand of the experience of asylum seekers in their home Factors that fuel irregular migration, irregular country, public opinion and press articles often migration portrayed asylum seekers as wealthy individuals from poor countries who wanted to exploit Australia Research method for economic reasons. The authors believe these Qualitative arguments reinforced the social anxiety that ‘waves’ of asylum seekers were an economic risk to Australians Summary by taking their jobs or their hard-earned tax dollars This report updates the on the arrest, detention and though the provision of state-based welfare services. deportation of irregular migrants in Thailand. The The second issue linked asylum seekers with risks report builds on the Mekong Migration Network’s to Australian security. The authors argue that this 2008 resource book, Migration in the Greater suggests that while there has been a shift in the focus Mekong Subregion—In-depth Study: Arrest Detention of media reporting, the focus of public opinion and Deportation. Based on interviews with migrants continues to link asylum seekers with terrorism. and officials, the report provides an in-depth and systematic analysis of migrants’ arrest, detention and The article concludes that some journalists followed deportation. and applied industry guidelines on the reporting of the SIEV 36 incident; however, the Herald Sun Data collection for the study included both primary tabloid commonly used the term “illegals” or “illegal and secondary research methods. Primary research immigrants” deemed by The Australian Press Council included case collection through interviews with as inaccurate and typically suggesting criminality. migrants using a standard reporting format, and key The authors conclude that the use of this term served informant interviews with ministry and embassy two purposes: i) to sensationalize the issue away officials, legal representatives and practitioners, from humanitarian plight and ii) to reinforce the health care professionals and others. Secondary conservative opinions of some Herald Sun staffers. research involved news monitoring; analysis of official The authors conclude that if negative and incorrect statistics from relevant government departments and terms are still used by influential journalists, there ministries; analysis of official documents concerning is all likelihood that they will be used by those who official arrest, detention and deportation procedures; read these columns and contribute to the ongoing desk study on relevant policy documents in the debate through their responses and vice versa. public domain in Thai and English; and reports, conclusions and statements about Thailand issued The study is particularly novel and innovative by all relevant UN mechanisms. because it explores the link between media reporting of asylum seeker issues and subsequent audience The report highlights a number of findings. Based on opinions about these issues. The article provides the interviews, the researchers found that the cases of valuable insights into how the public responds to arrest, detention and deportation of migrants remain newspaper reporting and the role of online forums

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common in Thailand. Migrants are commonly Migreurop. Aux Frontieres de l’Europe: abused, and there is an ongoing disregard for their Controles, Enfermements, Expulsions. Paris, human dignity. The report argues that despite recent 2010. efforts to regularize migrants and to introduce formalized guidelines regulating arrest, detention Key words and deportation, the process remains ad hoc and Afghanistan, Greece, Iran, Iraq, Italy frequently runs counter to human rights standards. Factors that fuel irregular migration, human and social costs of smuggling, irregular migration, routes, According to the report, fear of arrest invokes a great smuggling psychological toll on migrants. Irregular migrants in Thailand can be arrested anywhere at any time; night- Research method time and dawn raids are not uncommon. The result Qualitative is that irregular migrants live in constant states of fear and anxiety. Migrants also experience frustration Summary at what they find are expensive and time-consuming This report (in French only) examines the registration programmes that do not offer any consequences of EU Member States’ policies of protection from arrest and deportation. Only rarely border security, irregular migrant detention and do Thai authorities ask migrants questions to screen deportations of migrants. Migreurop argues that them as labour abuse victims, trafficked persons or these policies of detention and expulsion serve only refugees. A significant number of migrants reported to place irregular migrants in precarious situations, that they were deported immediately on transfer to unable to access safety and essential services. the detention centre. These migrants had no trial, and there was no time to appeal their case or to For data collection purposes, the researchers adequately assess their status. conducted field surveys on the Italian and Greek coasts. The report concludes that that in line with international standards, the Thai Government needs The report discusses the geographical flows of to adopt genuine alternatives to arrest, detention irregular migrants into the European Union: the and deportation in managing its irregular migrant irregular migration route via Ceuta, the migration population. The report argues that arrest, detention of sub-Saharan refugees, the irregular migration and deportation should be used only as a method of patterns from and through Poland and Romania, last resort; as well, in the small number of cases where irregular migration via Greece and Italy and irregular it is necessary, reform is required to ensure a humane, migration at the Greece–Turkey border. The report transparent process in line with international human analyses how changes to border security in EU rights standards that is also subject to independent Member States have led to irregular migrants turning legal oversight. The report includes a number of their attention to other borders of the European recommendations to the Thai Government for Union to facilitate their clandestine entry. enhancing and strengthening efforts to facilitate regular migration and promote decent working The report criticizes the migration policies and living conditions with the aim of preventing implemented by EU Member States and argues that situations in which immigration enforcement action the containment strategy they have adopted to keep becomes necessary. migrants from entering their borders is ineffective and inhumane. EU migration policies leave migrants Through the interviews conducted with irregular in exile with nowhere to go and subject to racist migrants and officials in Thailand, the report provides violence and, in some cases, death. The report insights into the plight of irregular migrants and the emphasizes that the main goal of EU Member States policies and procedures in place to govern the arrest, should be to ensure the upholding of asylum seekers’ detention and deportation of irregular migrants in rights, as enshrined in international law. According Thailand. to the report, changes in border security, in particular EU Member States, do not stop irregular migration but instead force migrants to use new and potentially

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more dangerous smuggling routes into the European critical aspects influencing a person’s decision to Union. migrate. The second factor is the growing concern over security issues, including transnational crime Through the collection and analysis of field and terrorism. The article suggests that migration survey data, the report provides insights into the has risen to the top of many governments’ agendas, motivations of irregular migrants in travelling to and a rapid tightening and regularization of borders the European Union and information regarding the has occurred in an attempt to keep ‘undesirable’ modus operandi of migrant smuggling from Asia, migrants out of potential destination countries. In the Middle East and Africa to the European Union. this sense, migrant smuggling and human trafficking have increasingly been identified by States as border security problems. Miller, R. & Baumeister, S. ‘Managing Migration: Is Border Control Fundamental The article also discusses States’ efforts to prevent to Anti-Trafficking and Anti-Smuggling irregular migration and questions whether restrictive Interventions’. Anti-Trafficking Review, vol. borders and migration systems are part of the 2, 2013, pp. 15–32. smuggling and trafficking problem rather than the solution. The article concludes that most state border Key words controls, as they currently exist, are neither preventing human trafficking nor upholding the human rights Irregular migration, smuggling of victims. It also concludes that States need to Research method address the practical obstacles they face in terms of translating the Trafficking in Persons Protocol and Unknown Smuggling of Migrants Protocol obligations into Summary effective actions, especially in relation to border controls and managed migration systems. This article discusses the extent to which border control is fundamental to counter human trafficking The recommendations to States include the improved and migrant smuggling interventions. The authors collection and analysis of human trafficking and situate the debate on migrant smuggling, human migrant smuggling data, the appointment of non- trafficking and border security within the wider partisan anti-trafficking commissioners to bring nexus of globalization and the securitization of consistency and accountability to government migration. interventions, the development of efficient victim identification systems, the training of experienced The methodology for the article is not discussed frontline border and immigration officials and in detail, but the authors explain that the article is the maximizing of available resources provided based on their work with the United Nations Office to border and immigration enforcement. The on Drugs and Crime, Regional Office for South-East report also highlights the need to improve the Asia and the Pacific. governance of migration systems in both source and destination countries. The authors suggest that The article discusses two factors that have shaped institutional mechanisms should be developed to migration policies and the priorities of States. The first protect migrant workers, including frameworks to factor is the increased flow of goods, capital, ideas and ensure the protection of migrant workers’ rights, the information as a result of globalization. The authors licensing and regulation of recruitment agencies, the argue that labour markets have internationalized, negotiation of bilateral agreements and the training and new opportunities have opened up in potential of migrant workers prior to departure as well as the destination countries for a growing supply of both provision of protection and repatriation programmes skilled and unskilled migrants from less developed that take the principle of non-refoulement into source countries. For migrant-sending countries, account. urbanization, expanding working-age populations, rising education attainment, widening income The strength of the article is the consideration that disparities and environmental change have become is given to how States might reconcile conflicting

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agendas to develop more effective anti-trafficking Chinese villagers to work in Israel and how the and anti-smuggling responses. A useful finding process of migration has been carried out at the of the article is that it is indeed possible for States interface between regularity and irregularity. Chinese to combine managed migration and strict border migrant workers in Israel are caught in contradictions controls with the protection of human rights in the between legality and illegality, crime and labour, and current context of globalization. regulated and unregulated statuses. For example, some Fujianese migrant workers travelled to Israel under legal contracts but had to pay extortionate Minghuan, L. ‘Making a Living at the fees to the relevant authorities, which are technically Interface of Legality and Illegality: Chinese illegal. Some migrants, instead of holding work Migrant Workers in Israel’. International visas, entered Israel on a business or tourist visa and Migration, vol. 50, No. 2, 2012, pp. 81–98. overstayed the visa expiry date. The article notes that deals between Israeli employers and Chinese workers Key words also occur at the interface of legality and illegality China, Israel and that deals are often made in cash for tax evasion Factors that fuel irregular migration, irregular purposes. migration The article concludes that, unlike other crimes, Research method labour migration through irregular channels to Qualitative Israel has been regarded as something irregular but understandable and that all the relevant groups have Summary an interest in maintaining current arrangements— This article discusses the situation of Chinese Israel needs migrant workers to fill the low end of migrant workers in Israel and the regular and the domestic manual labour market, foreign workers irregular elements of their status. The article also expect to earn higher incomes through working explores how the changing political and economic in Israel, the local authorities in the sending area situations in both sending and receiving areas have are willing to see the economic betterment of the shaped Chinese migrants’ motivations. migrants’ families and the intermediates make profits from running their businesses. Although Data collection for the study involved three villages no one is publicly supporting irregular migration, in Fujian Province in China as field research sites. all these factors interact and result in a permissive In addition, the author conducted interviews with situation that allows this particular combination of Chinese returnee migrants who had been in Israel, illegal but licit activities to persist in transnational family members of the migrants, relevant village labour migration. leaders and a few intermediaries who were working on transnational labour brokerage. To compensate The strength of the article is in its unique study of for his inability to do any research in Israel, the author the interface between the regularity and irregularity conducted phone interviews with migrants who of Chinese migrant workers. The article provides were still in Israel and also searched for information insights into the supply and demand of migrant on the Internet. Two websites were found as useful labour and the role of intermediaries, such as sites from which to draw relevant information— recruitment agencies, in employing migrant workers. the website of the Economic and Commercial Counsellor’s Office of the People’s Republic of China in the State of Israel, which has a section to provide Minghuan, L. ‘“Playing Edge Ball”: Israeli labour market information in Chinese and the Transnational Migration Brokerage in China’. website of Kav LaOved, an Israeli NGO dedicated to In Transnational Flows and Permissive the protection of workers’ rights. Polities: Ethnographies of Human Mobilities in Asia, B. Kalir & S. Malini, eds. Amsterdam: The article explores the reasons behind migration Amsterdam University Press, 2012, pp. 207– from China to Israel, the channels used to bring 229.

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Key words: Through the analysis of empirical material, the China, United States of America chapter provides insights into the motivations and Factors that fuel irregular migration, irregular activities of Chinese irregular migrants who have migration made their way to the United States. The chapter makes a contribution to the body of knowledge Research method on the role of migration brokers in facilitating the Qualitative irregular entry of Chinese migrants to the United States. Summary: This book chapter chronologically traces the historical trajectory of migration brokerage in China Missbach, A. ‘Essay: Transit Migrants in while examining the function of emigration in Indonesia—Between the Devil and the Deep creating migration networks. Blue Sea’. Pacific Geographies,vol . 39, 2012, pp. 30–35. The research methodology is not discussed in detail. The author mentions performing field work in some Key words villages known for outmigration in Fujian Province Australia, Indonesia, Iraq in China in 2005 as well as conducting interviews Modus operandi of smuggling, profiles of smuggled with village locals. migrants, smuggling

The chapter examines how, from the perspective of Research method ‘helping’ transnational migration, Chinese brokers Qualitative have basically functioned in two ways: send people in groups or one by one. The chapter explores the Summary two models by describing the case of Israel, as an This paper traces the story of a young Iraqi man who, example of sending people in groups, and the case of at the time of writing, had been living in transit in North America, as an example of sending individual Indonesia for more than nine years. The paper migrants. describes both his journey to the archipelago and his failed attempts to leave again to his desired final Through an analysis of the famous case of Sister Ping destination of Australia to highlight the difficulties in the United States, a settled Chinese migrant who endured by refugees who are in a long-term state of operated a wide transnational network for bringing transit. Because many of them cannot return to their Chinese workers, the chapter makes the argument conflict-ridden home countries and local integration that migration brokerage in China is not evaluated into Indonesian society is legally not permitted and according to its formality or legality but according to resettlement options to safe third countries are only its effectiveness. In other words, it is the end result available to a few, these refugees become trapped that matters to the migrants, not the fees they paid between what the author refers to as “the devil and or the work they had to endure before they become the deep blue sea”. regularized or legal by some other means in the destination country. The paper discusses the concept of transit migration The Sister Ping case demonstrates that while the US and suggests that it can be understood as a “chaotic, authorities considered her a human trafficker, in disordered process with tremendous uncertainty China she was celebrated as a successful migration and extreme material discomfort or danger at every broker who helped many Chinese to migrate to the stage”. The author posits that the main trouble of United States for what the migrants considered a fair transit migration is being trapped in it, when one’s price. mobility becomes so restricted that neither returning nor moving forward is an option. The chapter concludes that while irregular migration is illegal, both sides actually benefit: the Chinese The methodology is not discussed, but it is apparent migrants who want to earn more money than they that the author conducted informal interviews with normally receive in China and the destination State that needs cheap labour to increase its profits.

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an Iraqi refugee, Rahim (pseudonym), and analysed Key words recent policy responses to migrant smuggling, Australia, Indonesia particularly in Australia. Modus operandi of smuggling, routes, smuggling

Rahim is identified as one of the ‘long-stayers’ among Research method used the Iraqi refugees in Indonesia, having arrived in the Qualitative early 2000s. He had been waiting for more than nine years for resettlement after the United Nations Summary High Commissioner for Refugees found him to be This article explores the issue of border protection in a genuine refugee. His journey started in Iraq and Indonesia and the State’s attempts to police its vast then progressed to Syria, Jordan and then by plane borders to, primarily, prevent asylum seekers from to Malaysia and on to Indonesia by boat. He made a travelling to Australia. Using three cross-border number of failed attempts to be smuggled by boat to mobility case studies and focusing on the Indonesian Australia. The paper uses Rahim’s case to discuss how perspective, the article highlights the numerous Indonesia’s geographic position, its accessibility and challenges associated with border protection in the relative political stability in the past decade have Indonesia. attracted thousands of transit migrants from Iraq, Afghanistan and Sri Lanka, who use the Indonesian Data collection for the study involved 10 months archipelago as a starting point for self-organized and of fieldwork in Indonesia in 2012. The author smuggler-assisted voyages to Australia. conducted 90 formal and informal interviews with asylum seekers and refugees as well as representatives According to the paper, little is known about the of the United Nations High Commissioner for dynamics of transit migration. The author highlights Refugees and the International Organization the fact that a binding definition of transit migration for Migration and Indonesian police officers, in international policy or international law is still investigators and prosecutors in three provinces of missing, despite the fact that the International Indonesia: West Java, Nusa Tenggara Timor and the Organization for Migration (IOM) has been Riau Islands. urging its member States since the early 1990s to recognize transit migration as an important matter The article describes the challenges for Indonesia in international migration and, in particular, in in patrolling a vast archipelago consisting of more irregular and asylum migration. than 17,000 islands. It outlines how, in addition to contending with this exceptional geography, The paper contributes to knowledge on the difficulties Indonesia’s state authorities are also challenged by that asylum seekers, refugees and irregular migrants the political constellation with Australia in regard trapped in transit destinations experience. Using the to irregular cross-border movements of asylum case of Rahim, the paper highlights the complexities seekers. With this background information in for refugees who are left in a state of limbo in transit mind, the article presents findings from the three countries for many years, reliant on IOM and the fieldwork sites to elaborate on what border control United Nations High Commissioner for Refugees and anti-smuggling of people initiatives look like at support and vulnerable to the constantly changing a subnational level. border policies of destination countries such as Australia. The author found that, as a result of Australia’s funding for state-led border control, state-society cooperation for border surveillance in Indonesia Missbach, A. ‘Doors and Fences: Controlling had increased. The Indonesian Government has Indonesia’s Porous Borders and Policing encouraged civilians in many hotspots for irregular Asylum Seekers’. Singapore Journal of border crossings to report on ‘suspicious foreigners’, Tropical Geography, 2014, pp. 1–17. specifically asylum seekers. The author argues that this kind of expensive state-society cooperation for border control has not resulted in a significant decrease in asylum seeker efforts to leave Indonesia

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to reach Australia but, rather, has resulted in new Summary opportunities for migrant smugglers who simply This article focuses on the criminalization of migrant pay off civilian spies or corrupt border authorities. smuggling in Indonesia. The authors examine The article points out that despite Australian how new offences have been introduced since funding to the Indonesian Government to prevent 2011 to criminalize migrant smuggling in a major asylum seekers from travelling to Australia with transit country for migrant smuggling to Australia. the assistance of migrant smugglers, efforts remain The article analyses the legal framework that has largely ineffective as Indonesia’s borders are extremely been established to combat migrant smuggling porous and only partly policed. in Indonesia, both before and after the reforms of 2011. The authors reflect on how arrests for Reflecting on arrest statistics in Indonesia, the article migrant smuggling have been managed by both contends that the number of arrests across Indonesia the public prosecutor and the judiciary in practice compared with the number of asylum seekers and how sentencing practices in migrant smuggling who have managed to arrive in Australia indicates trials are influenced by a range of factors including that only a small proportion of asylum seekers are corruption, judicial discretion and broader social stopped from entering Australia. Australia’s push for attitudes towards migrant smugglers. expensive state-society collaboration on the border protection issue in Indonesia may be leading to the The research methodology involved analysis of exploitation of asylum seekers by Indonesian civilians legal processes and practices concerning migrant and officials. The author concludes that the solution smuggling in Indonesia. The authors surveyed to the issue of irregular cross-border mobility will the court cases between 2007 and 2012 that were not be found within stricter border control and law accessible either at Indonesian courts or online. The enforcement to interrupt the flows of asylum seekers authors also reviewed documents obtained from but in more appropriate ways to quickly assess police and the Office of the Public Prosecutor and refugees’ claims for protection in Indonesia. conducted interviews with officials working in those areas. Fieldwork was carried out over a period of Through the analysis of the fieldwork data, the article eight months, between March 2010 and December provides insights into the Indonesian perspective on 2012. The authors focused their research on the the challenges associated with preventing irregular provinces of West Java and Nusa Tenggara Timor in migrants from leaving Indonesia for Australia. particular because both areas are known exit points The article highlights the flaws in Australia’s costly for irregular migrants to leave Indonesia on their attempts to prevent irregular migration to Australia clandestine sea journey to Australia. and advocates a more humanitarian approach. The article contributes new knowledge on the modus Indonesian authorities managed to use Law No. 9 of operandi of migrant smuggling to Australia and the 1992 on Immigration as well as the Criminal Code ways in which smugglers circumvent States’ efforts and Law No. 17 of 2008 on Shipping to prosecute to prevent their clandestine activities. some migrant smugglers. Individuals convicted under the old Law No. 9 of 1992 generally held low-to-middle positions within smuggling networks Missbach, A. & Crouch, M. ‘The and were frequently employed as field coordinators, Criminalisation of People Smuggling: The recruiters and boat crew. According to the authors, Dynamics of Judicial Discretion in Indonesia’. the low rate of smuggler arrests and the light Australian Journal of Asian Law, vol. 14, No. sentences imposed on those found guilty reduced 2, 2013, pp. 1–19. any deterrent effect the law might have had.

Key words The article finds that the new Law, No. 6 of 2011 on Immigration, has the potential to be a more effective Australia, Indonesia tool in the punishment and deterrence of migrant Smuggling smugglers because it specifically criminalizes migrant Research method smuggling. Law No 6. of 2011 does not, however, differentiate between the various actors involved in Qualitative

74 An Annotated Bibliography

migrant smuggling operations. This is problematic business. The article supports the argument that because it imposes a relatively high minimum stricter immigration and asylum regimes have sentence on anyone found guilty of smuggling strengthened the demand among irregular migrants offences, including those who have only had minor for professionally organized smugglers who arrange roles. illicit transfers and passages.

The authors also find that corruption and social ‘People smuggling’ is defined as a consensual business attitudes towards asylum seekers influence a judge’s transaction between an exercise of discretion in sentencing. Law enforcement irregular migrant customer and a provider of efforts, both pre- and post-2011, against migrant smuggling services, which usually terminates upon smuggling may be the result of corruption among arrival at the destination location. government officials and that there is an absence of clear evidence that migrant smuggling trials have The article draws on material collected during several been conducted in a fair and transparent manner. short-term field studies in Western Indonesia in 2010 and 2011 as well as open-source data collection. The The strength of this article is its detailed analysis field work involved the collection of accounts from of recent Indonesian migrant smuggling cases and informants who had been asylum seekers or were at how Indonesian migrant smuggling law reform has the time of data collection. The authors approached affected the migrant smuggling phenomenon. asylum seekers in public spaces known as hang-outs for asylum seekers. After an initial conversation and informing the prospective informants of the authors’ Missbach, A. & Sinanu, F. ‘“The Scum of the research intentions, the authors asked if they could Earth”? Foreign People Smugglers and Their meet with the asylum seekers for more formal Local Counterparts in Indonesia’. Journal of conversations. Current Southeast Asian Affairs, vol. 30, No. 4, 2011, pp. 57–87. The article describes the process in which asylum seekers become smuggled migrants. Asylum seekers Key words in Indonesia, on applying for refugee status, may have their applications rejected twice and appeal Australia, Indonesia to the United Nations High Commissioner for Fees and payment for smuggling, modus operandi of Refugees. If rejected three times, they can either smuggling, profiles of smuggled migrants, profiles of accept ‘voluntary’ repatriation to their homeland smugglers, smuggling or remain in Indonesia illegally. Formal integration Research method into Indonesian society is out of question because Indonesian immigration policy does not permit Qualitative refugees to claim permanent residency or citizenship. Summary Some opt to return to their countries of origin; others, trapped between war-ravaged homelands and This article investigates how migrant smuggling an unstable life in Indonesia, opt to risk a dangerous occurs in Indonesia. It examines how deals are boat journey to Australia. struck between smugglers and irregular migrants and how national authorities as well as international A considerable number of these irregular migrants organizations may be involved in the smuggling pay various types of brokers or smugglers, at least process. The article contributes to the current debate at one stage, to enter Indonesia or to escape it. on migrant smuggling by, first, shedding light on Although a substantial number of these migrants ongoing Indonesia–Australia bilateral cooperation are detained in the immigration detention centres on the migrant smuggling issue; and second, by scattered around the Indonesian archipelago; many providing empirical evidence from Indonesia that others roam freely, looking for opportunities for shows not only how migrant smugglers are adapting onward migration. However, due to the restrictive to bilateral restrictions but also how some Indonesian border protection arrangements between Australia authorities are involved in the migrant smuggling and Indonesia and a number of bilateral intelligence

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measures for deterring ‘unwanted’ migrants, migrant Research method smugglers have been gradually forced to adapt Unknown strategies, routes and prices. Summary The article explores the activities of migrant This article examines the patterns of irregular smugglers and finds that smuggling networks are migration to and through Romania after Romania often operated from outside Indonesia, mostly from adhered to the European Union and recent instances secure third countries or even destination countries. of trafficking in persons. The authors posit that Sponsors for smuggling operations have the financial irregular migration flows to Romania will thrive means to set up the infrastructure and cover the in the future because of the open EU borders and bribery and other costs involved in smuggling that irregular migration will be exacerbated by the operations. These ‘investors’ occasionally travel to worsening domestic situations in migrants’ countries the home countries and transit countries to establish of origin, triggered by the 2008 global economic collaboration with subordinate smuggling recruiters crisis. and implementers who then coordinate day-to-day business. Generally, these smuggling sponsors rely The research methodology is not explained, but it on collaboration with members of the diaspora of appears that the authors reviewed recent literature the same ethnic background or on migrants from on irregular migration and trafficking in persons and neighbouring geographic areas for the provision of analysed quantitative data on irregular crossings and safe houses, forged documents and transportation. apprehensions of irregular migrants.

The article concludes that for more than a decade, The article examines the flows of irregular migration refugees and their service providers in Indonesia to and through Romania. Crossing the national have been opportunistic and cunning. Unless asylum border by migrants is carried out in a number of seekers can count on faster help to find protection, ways: legally, via border crossing points, and illegally, some of them will continue to rely on the risky by using forged travel and/or identity documents. services of migrant smugglers. Smuggling also occurs to Romania, with migrants hiding in containers or ships. Through the collection and analysis of empirical material, the article makes a direct contribution to the Because Romania is located on one of the body of knowledge on migrant smuggling practices international routes between Asia and Western and processes in Indonesia. The article sheds new Europe, it is frequently used by irregular migrants light on the modus operandi of migrant smuggling from the two continents. The article explains that, of between Indonesia and Australia, the motivations of those irregular migrants who travel to Romania, few smuggled migrants and migrant smugglers and the intend to remain in the country, with the majority fees and payment for smugglers’ services. intending to stay only briefly before eventually traveling to a Western European country. The article discusses three major source areas of irregular Morar, R. & Brandibur, C. N. ‘Analysis of migration affecting Romania: i) the Middle East Irregular Migrants’ Trafficking After Romania (Lebanon, Iraq, Iran, Afghanistan, Syria), ii) China Adhering to the EU’. Journal of Criminal and iii) the Far East (India, Pakistan and Bangladesh). Investigations, vol. 5, No. 1, 2012, pp. 88–95. Various migrant smuggling routes are described, including the classic route, which involves travel from Key words Ukraine to Moldova to Romania to Hungary and Afghanistan, Austria, Bangladesh, Bulgaria, China, then to a Western European country via Austria; the Hungary, India, Iran, Iraq, Lebanon, Moldova, route along the southern border from Iran to Iraq to Pakistan, Romania, Syria, Turkey, Ukraine Bulgaria to Turkey to Romania to Hungary and then Factors that fuel irregular migration, human and to Western European countries via Austria; a newly social costs of smuggling, irregular migration, modus identified route along the northern border from India operandi of smuggling, routes, smuggling to Pakistan to Ukraine and then to Romania; and a route used by some irregular migrants crossing the south-eastern Danube River border into Romania.

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The article concludes that although Romania has review of quantitative data from Frontex on irregular been a country of transit for irregular migration migration to the European Union. flows from Eastern European countries on their way to the Western European countries, since adhering The paper presents irregular migration statistics and to the European Union, it has become a country of examines the various routes for irregular migration destination for irregular migrants. This is due to its to the European Union, including the Central EU membership status and the relative stability of Mediterranean route, the Western Mediterranean the economic situation in the country. To respond to route, the Western African route, the eastern borders the new challenges of irregular migration, there needs route, the Western Balkans route the Albania–Greece to be enhanced cooperation between authorities at circular route and the Eastern Mediterranean route. all levels in the country. The paper also explores the principal ways in which The strength of the article is its discussion of the non-nationals become unauthorized migrants, irregular migration routes to and through Romania. such as illegal entry, entry using false documents, The article provides insights into the challenges faced entry using legal documents but providing false by Romania as it evolves from a transit country for information in those documents, overstaying a visa- irregular migration to a destination country. free travel period or temporary residence permit, loss of status because of non-renewal of permit for failing to meet residence requirements or breaching Morehouse, C. & Blomfield, M. Irregular conditions of residence, being born into irregularity, Migration in Europe. Washington, D.C.: absconding during the asylum procedure or failing Migration Policy Institute, 2011. to leave a host State after a negative decision and a State’s failure to enforce a return decision for legal or Key words practical reasons. Greece, Turkey Factors that fuel irregular migration, irregular The paper takes the position that irregular migration, quantitative assessment, routes, migration negatively impacts host communities smuggling by undermining the rule of law, fostering labour exploitation, increasing poverty (by taking jobs away Research method from native workers or adding to the numbers of Mixed poor in a country) and putting pressure on public services. It concludes that as European economies Summary recover from the recession and more jobs become This paper explores the scope and scale of irregular available, irregular migration flows may increase. migration to the European Union as well as the Additionally, the shifting regional hotspots and various paths into irregularity and the routes used the responses to them, such as the intensifying by irregular migrants to enter the European Union. clandestine entry through Greece’s land border with Turkey, may have a collateral effect on the calm but The paper discusses a number of concepts, taking vast Eastern border. The paper also concludes that the position that the terms ‘illegal’, ‘irregular’, the reactive nature of EU irregular migration to ‘undocumented’ and ‘unauthorized’ for migrants border management operations and return policies have different connotations in national policy suggest that continued and large-scale investments debates across the Atlantic. The paper does not in border enforcement are likely to be required define the terms but, instead, highlights that some alongside related policies that combat the root causes organizations use the term ‘illegal’ while UN of such migration. agencies, migrant groups and NGOs prefer the term ‘irregular’. The authors prefer the term ‘irregular’ The article provides insights into the flows and migration as well. routes of irregular migration to the European Union and draws useful links between the introduction of The methodology for data collection is not border controls and irregular migration patterns. discussed, but it appears the authors conducted a

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Mountz, A. ‘The Enforcement Archipelago: The strength of the article is its unique analysis of Detention, Haunting and Asylum on Islands’. islands as a key component of a broader enforcement Political Geography, vol. 30, No. 3, 2011, pp. archipelago designed to control migrants. Although 118–128. the article presents empirical material, its focus is on the ability, or lack thereof, of asylum seekers to Key words claim protection and thus does not make a direct Australia, Canada contribution to the body of knowledge on irregular Routes, smuggling migration.

Research method Qualitative Munro, P. ‘People Smuggling and the Resilience of Criminal Networks in Indonesia’. Summary Journal of Policing, Intelligence and Counter This article examines the subject of immigration Terrorism, vol. 6, No. 1, 2011, pp. 40–50. detention on islands. It situates island detentions as one element of the ‘securitization of migration’ Key words process in which migrants are subject to enforcement Australia, Indonesia measures implemented by States to protect national Factors that fuel irregular migration, modus operandi security. The author argues that islands are an of smuggling, routes, smuggling important part a broader enforcement archipelago designed to control migrants and reduce their Research method chances to reach sovereign territory to claim asylum. Qualitative

Data collection for the article consisted of fieldwork Summary conducted between 2006 and 2008. The study This article focuses on migrant smuggling networks involved semi-structured interviews with government operating in Indonesia, noting that the networks that and non-government employees, detainees, former smuggle irregular migrants to Australia remained detainees, attorneys, authorities, journalists and dormant in transit countries, such as Indonesia, advocates. Fieldwork also included participant in the early 2000s but were reactivated from 2008 observation in the form of visits to detention centres when conditions again became favourable. with advocates and friends of detainees and the observation of asylum processes. Due to the difficulty The methodology for the study consisted of field of entering detention centres and the risks involved research conducted in Indonesia between 2001 and with interviewing those detained, most interviews 2009 on migrant smuggling networks. were conducted with asylum seekers who had been released from detention. The article discusses the evolution of migrant smuggling networks in Indonesia and argues that According to the article, islands are increasingly used during the 2000s, many migrant smugglers never as sites where nation States exercise power through the left Indonesia. Some smugglers branched out management of global migration. The author argues into other criminal activities, some spent time in that nation-States exploit legal ambiguity, economic Indonesian prisons, and others waited for favourable dependency and partial forms of citizenship and smuggling conditions to return. Far from being ad political status on islands to advance their security hoc opportunistic ventures, migrant smugglers in agendas. Facilities on islands serve the purpose of Indonesia operate labour-intensive operations using isolating migrants from communities of advocacy and support infrastructure throughout transit countries, legal representation and, in some cases, from asylum such as Indonesia and Malaysia. The smugglers who claims processes that are only accessible by arriving remained in Indonesia during the lull period were on sovereign territory. The article concludes that in able to commence their operations quickly and detaining migrants on islands, States effectively hide draw upon a pool of asylum seekers who had been asylum seekers from the view of the media, human languishing in Indonesia for several years, while rights monitors and the public at large. other smugglers returned to Indonesia from their homes in the Middle East, West Asia and South Asia.

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According to the article, there are three types of Crime on the subject of financial transactions in migrant smuggling networks common in Indonesia: migrant smuggling operations from Afghanistan, Indonesian nationals operating in collaboration with China and Viet Nam to Europe. nationals from sending countries; nationals from sending countries who have established themselves in The research drew on a variety of data collection Indonesia specifically to facilitate people-smuggling methods, including a comprehensive literature operations to Australia; and asylum seekers who have review to establish assumptions about which forms had their claims rejected by United Nations High of financial transactions are to be expected for Commissioner for Refugees and have used the time migrant smuggling involving Afghan, Vietnamese in Indonesia to coordinate smuggling activities. The and Chinese citizens; interviews with police experts article also examines the modus operandi and routes in Germany; and analysis of original German court of migrant smuggling and finds that the flows of files, which contained 32 migrant smuggling cases. people into Indonesia are through international entry Each case contained information from suspected points, such as Jakarta, Batam and Bali. From these smugglers, the majority of whom had been arrested entry points smuggled migrants are transported to a and questioned by police, as well as information on myriad of safe houses located across the archipelago, smuggled migrants. The files included transcripts depending on the ultimate destination, which has of monitored phone calls between the migrant generally been either Christmas Island or Ashmore smugglers. Reef. The report provides an overview of the money The article concludes that a greater focus on transfer mechanisms and systems in place in different intelligence-led policing, drawing from the regions of the world, including the Hawala system extensive International Organization for Migration’s of money transfer; the modus operandi of migrant surveillance network, will be beneficial for smuggling and the financial transaction systems dismantling migrant smuggling networks operating used by Afghan, Chinese and Vietnamese smuggled in Indonesia. migrants; and the similarities and differences among the three investigated countries. The strength of the article is its specific study of migrant smuggling networks in Indonesia and their Regarding smuggling methods, principal differences resilience to border control measures. The article were found between East Asian and Central Asian makes a contribution to the body of knowledge on countries. Virtually all smuggling operations from migrant smuggling through its detailed discussion East Asia involved the use of fraudulent, forged or of the modus operandi of migrant smuggling from look-alike documents, while smuggling operations Indonesia and neighbouring countries to Australia. from Afghanistan were often performed clandestinely. Higher-level smugglers were often organized along common ethnic or national identity lines. Neske, M. Comparative Research on Financial To coordinate the various stages of the smuggling Flows Within Migrant Smuggling From Asia journey, a stage coordinator existed for each phase. to Europe. Bangkok: United Nations Office The actual smuggling actions were carried out either on Drugs and Crime, 2013. by employees of the stage coordinator or by helpers hired for this purpose. Key words Afghanistan, China, Germany, Viet Nam According to the report, the smuggling method Fees and payment for smuggling, smuggling and the organizational structure of the smuggling operation led to different national patterns of Research method financial transactions. In cases of migrant smuggling Qualitative from China, most smuggling expenses remained in the country of origin. The money was distributed Summary via ordinary bank transfers among stage coordinator This report summarizes comparative research carried representatives, often to the wives of coordinators in out by the United Nations Office on Drugs and China. To cover operational costs incurred in transit

79 Migrant Smuggling in Asia

countries, a partial payment was transferred by Summary informal remittance systems. That the same pattern This article investigates Indonesia’s policy of detaining was common in smuggling cases from Viet Nam; refugees in immigration detention centres. The however, the money that remained in the country of authors argue that Australia has actively encouraged origin was usually cash from relatives of the migrants immigration detention in Indonesia to reduce the given to relatives of the smuggling coordinators. number of migrant smuggling cases to its shores and In the Afghan smuggling cases, a less sophisticated that the detention of asylum seekers in Indonesia has network of smugglers was present, which meant that grave implications for the ability of asylum seekers to migrants often had to pay cash for the next stage find protection in the Asia–Pacific region. of the smuggling journey while already in a transit country. The money of smuggled Afghan migrants The article draws on research conducted as part of the was generally transferred via informal remittance project, The Impact on the Human Rights of Asylum- systems. Seekers and Host Communities of Australia’s Border Control Cooperation with Indonesia and Papua The report concludes that the financial transactions of New Guinea. The researchers collected information migrant smuggling operations leave few traces in the on Australian and Indonesian immigration law, transit countries and virtually no traces in countries policy and practice from Indonesian and Australian of destination. Informal methods of money transfer government sources and websites as well as national still have a prominent role within migrant smuggling and regional media. The researchers also conducted networks, although genuine bank accounts were interviews with asylum seekers, refugees and rejected used if available and regarded as safe. asylum seekers in Indonesia and with Australian and Indonesian officials and individuals working in the Through the collection and analysis of empirical area of human rights protection of asylum seekers. material on the financial transaction systems A total of 24 interviews were conducted in 2008 associated with migrant smuggling, this report and 2009, including 12 interviews with Indonesian provides valuable insights into the modus operandi officials and Australian professionals, and 12 of migrant smuggling. The report presents new interviews with individuals who were in detention at information regarding migrant smuggling processes, the time of the interview or had spent some time in the actors involved, the methods used and factors detention in Indonesia. that influence and shape the nature of financial transactions within migrant smuggling operations. The article provides an overview of Australia’s Thus it makes a significant contribution to the policy of preventing irregular maritime arrivals body of knowledge on migrant smuggling and, in and examines the developing relationship between particular, to the financial systems associated with Australia and Indonesia that has, in recent years, migrant smuggling. facilitated cooperation on refugee and smuggled migrant issues. The article provides a chronology of Indonesia’s asylum policies and discusses the Nethery, A., Rafferty-Brown, B. & Taylor, transition of Indonesian refugee policy from a S. ‘Exporting Detention: Australia-Funded general position of tolerance of asylum seekers in Immigration Detention in Indonesia’. Journal the early 1990s to the introduction of more strict of Refugee Studies, vol. 26, No. 1, 2013, pp. detention laws in 2011. The authors draw attention, 88–109. in this historical overview, to areas in which Australia has influenced Indonesian policy on asylum seekers. Key words The article also examines the major implications of immigration detention in Indonesia, including the Australia, Indonesia lack of protection of the human rights of people Smuggling subject to it and the reduced ability for asylum seekers Research method to obtain protection in the Asia–Pacific region. Qualitative The article also highlights the poor conditions in Indonesia’s detention centres and argues that they

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fall far short of international standards. Despite its migrant smuggling, irregular and regular migration push for detention centres in Indonesia, Australia and forced and voluntary debts in relation to has been unwilling to contribute to the monitoring migration. of Indonesia’s immigration facilities. The article concludes that Indonesia’s recent shift to a more strict According to the article, financing migration through response to asylum seekers is the result of Australia’s debt can be a choice for migrants without also being influence and financial support. Indonesia has a voluntary or autonomous choice. The author traditionally taken a relaxed approach to managing argues that migrants’ decision to take on debt that asylum seekers in Indonesian territory, but since will imply heavy restrictions on their freedom should Australia’s intervention in its immigration matters, be considered in the context of migration and other Australia has convinced Indonesia to adopt strict policies that severely constrain their alternatives. immigration policy in its own national interest. Additionally, migration debt can be a feature of legal as well as irregular systems of migration, and The article provides insights into Indonesia’s recent migrant-debtors are no more guaranteed protection, policy of detaining asylum seekers to prevent them rights and freedoms when they move under state- from travelling clandestinely to Australia. Through sanctioned systems than they are when their debt is the analysis of qualitative interview data, the article incurred in the course of unsanctioned, or irregular, provides new information regarding the treatment movement. of asylum seekers in Indonesian detention and the barriers in place that prevent them from seeking Licensed recruitment agencies in migrant-sending protection. countries and placement agencies in migrant- receiving countries often legally charge migrants fees for brokering their migration, even though O’Connell Davidson, J. ‘Troubling Freedom: regulation sometimes includes a cap on some of the Migration, Debt and Modern Slavery’. fees that may be charged to workers. Therefore, it Migration Studies, 2013, pp. 1–20. is not just illegal fees but also legal costs imposed on labourers that can be extremely high and when Key words coupled with compound interest on loans advanced China to pay them, many migrants find that they are never Fees and payment for smuggling, modus operandi of able to repay their migration debts. The article smuggling, smuggling concludes that migrant indebtedness is in large part produced by the immigration policies pursued by Research method States and the systems of labour import and export Unknown that States foster.

Summary The article provides insights into the subject of fees The focus of this article is on the role of debt in and debt incurred in the migration process; however, contemporary practices of human mobility. The because the article does not present empirical article explores how the phenomenon of debt- material, it does not make a direct contribution to financed migration disturbs the trafficking and the body of knowledge on irregular migration. smuggling, illegal and legal, and forced and voluntary relationships that are widely used. Organisation for Economic Co-operation and The article refers to the definitions of human Development. ‘The Changing Role of Asia in trafficking and migrant smuggling in the Trafficking International Migration’. In International in Persons Protocol and the Smuggling of Migrants Migration Outlook. Paris, 2012. Protocol. Key words The research methodology is not discussed, but it Malaysia, Thailand appears to have involved a review of recent literature Irregular migration and theory on the subjects of human trafficking,

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Research method Key words Unknown Afghanistan, Greece, Pakistan, Switzerland, Syria Factors that fuel irregular migration, irregular Summary migration, routes, smuggling This report chapter looks at emerging issues around migration within Asia and from Asia to countries Research method within the Organisation for Economic Co-operation Mixed and Development (OECD). Although it largely centres on legal migration flows, there is a brief Summary discussion of irregular migration flows in and from This report (only in French) discusses various the Asia region. criminal issues in Switzerland, including migrant smuggling and the Government’s response to crime. There is no explanation for the study methodology, but the research appears to have consisted of a review The research methodology is briefly explained of publicly available statistics and material, such as as consisting of the collection and analysis of previous OECD reports. information that was provided to the police through various data collection efforts. The report specifies The chapter discusses the push factors for irregular that it drew on police statistics and intelligence migration in Asia and suggests that the drivers of bulletins. irregular labour migration are both the limited availabilities for legal migration into low-skilled One of the themes covered in the report is that of employment in receiving countries, and the cost and migrant smuggling. The report examines migrant complexity of legal migration channels. As a result smuggling routes to Switzerland and finds that these of limits on legal migration channels and the high routes have changed recently, and migrants now costs imposed on workers, some non-OECD Asian prefer to travel to Switzerland via Greece or along countries have experienced difficulty regulating the Balkan route. The report discusses the modus immigration for employment. Undocumented operandi of smuggling and notes that irregular migration thus remains an ongoing challenge. migrants sometimes make multiple reservations to evade police and border controls. The chapter notes that irregular migration to Asian OECD countries is not associated with illegal border The report discusses the various push-and-pull crossing because some Asian OECD countries have factors for irregular migration and posits that well-controlled entry points. Rather, the focus of poverty, persecution, natural disasters and political enforcement is more on overstays or visa misuse. instability are responsible for pushing millions of Enforcement of measures to combat irregular people to leave their countries. In addition, the migration is generally confined to the destination barriers to legal migration to European countries, country because most origin countries are reluctant such as Switzerland, push irregular migrants to turn to impose restrictions on the exit of their own to smugglers. The report concludes that the majority citizens. of irregular migrants do not possess adequate information and resources to make the journey The chapter provides insights into irregular migration to Switzerland independently, and due to their trends in Asia; however, because the analysis largely vulnerable nature, they are at the mercy of exploitive drew from statistics and material already published, smugglers. it does not make a direct contribution to the body of knowledge on irregular migration. The report provides insights into the routes and modus operandi of migrant smuggling to Switzerland; however, the discussion of migrant smuggling in the Office Fédéral de la Police Fedpol. Lutte de la report is brief, and thus the report does not make Confederation Contre la Criminalité. Geneva, a significant contribution to knowledge on migrant 2013. smuggling.

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Orbeta, A. C. & Gonzales, K. Managing migration into national and regional development International Labour Migration in ASEAN: efforts; the importance of both bilateral and Themes From a Six-Country Study.Makati multilateral agreements; the importance of City: Philippine Institute for Development recognizing differences in labour market policies Studies, 2013. in sending and receiving countries in designing protection for migrant workers; the need to consider Key words general administrative capacities in designing migration regulatory efforts; the importance Cambodia, Indonesia, Malaysia, Philippines, of involving subnational bodies in migration Singapore, Thailand management; the need to broaden cooperation in Modus operandi of smuggling, routes, smuggling handling irregular migration; and the recognition Research method that the protection envisioned by the State need not be the one desired by the migrant, hence, the need Qualitative to regularly analyse the effectiveness of protection Summary measures. This report presents a summary of the findings of The report provides insights into irregular migration a six-country study on managing international patterns and activities in the ASEAN region. The labour migration in the Association of Southeast report makes the important argument that it is useful Asian Nations (ASEAN). The objective of the study to analyse international labour migration issues from was to explore and share international migration the perspective of countries that send and receive management issues from the perspective of both migrants. migration-sending and receiving countries.

The methodology for the research involved country studies undertaken between July 2009 and Ozcurumez, S. & Şenses, N. ‘Europeanization December 2011 under a project entitled, Different and Turkey: Studying Irregular Migration Streams, Different Needs and Impacts: Managing Policy’. Journal of Balkan and Near Eastern International Labour Migration in ASEAN. Country Studies, vol. 13, No. 2, 2011, pp. 233–248. research teams were asked to study a specific migration management issue that was deemed current and Key words reflective of the primary migration management Turkey experience of the country. For migration-sending Irregular migration countries, the Cambodia research team studied the high frequency cross-border crossings into Thailand Research method that are dominated by irregular migrants. The Qualitative Indonesian research team looked at the role of local governments in migration management. And the Summary Philippines research team analysed the management This article analyses the reasons for difficulties in of household service worker deployment flows. For harmonizing efforts to manage irregular migration receiving countries, the Malaysian research team in Europe by analysing the case of Turkey’s irregular looked at the country’s experience with irregular migration policy during its accession process to the migrants. The Singapore research team studied European Union. the interaction between the needs of the economy for migrant workers. And the Thai research team For the data collection, the authors examined examined the country’s experience at the crossroads comprehensive secondary data, including the EU of being both a receiving and a sending country of acquis on irregular immigration, to determine key migrants. areas of European policy and the Progress Reports on Turkey to trace the process of governance of irregular The studies highlighted seven important themes immigration in terms of definition, technical on international labour migration management in capacity and institutions. The authors also reviewed ASEAN: the importance of integrating international

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reports within Turkish national programmes and Research method the Asylum and Migration National Action Plan of Mixed Turkey. The authors supplemented this secondary data with interviews with policy makers and policy Summary experts. This report explores international labour migration from South-East Asian countries to Thailand. It looks According to the article, Turkey is a critical case at the stocks and flows of legal and irregular migration, for examining the Europeanization of irregular associated issues (such as human trafficking) and migration because, first, it is an accession country the various policies and border control responses and adoption of the EU acquis constitutes a strong that Thailand has enacted to respond to the heavy incentive for achieving the goal of full European migration flows into the country. Union membership; and, second, because Turkey has evolved from a sending country of irregular Data collection for the study involved quantitative migrants to a receiving country. The article traces and qualitative sources and methods. Quantitative the development of irregular immigration policy data included secondary sources from a socio- in Turkey and analyses how developments in each economic survey. Qualitative information was aspect of the policy are converging with EU policy collected through interviews with key informants, priorities on irregular migration as stated in the focus group discussions with families of migrant acquis. The article highlights how policy outcomes workers, government officials, brokers and other are shaped by the European Union acting as an groups. external pressure and ‘anchor’ in the irregular migration policy-making process. The article also The author examined the motivations for irregular discusses the domestic resistance in Turkey to certain migration in South-East Asia and found evidence aspects of the policy. that poverty and indebtedness are major push factors for both emigration and immigration, while higher The article concludes that the European Union holds income in the destination countries is a strong pull immense hope for influencing the course and content factor. The report notes that both emigration and of Turkey’s irregular migration policies. Domestic immigration are beneficial in various ways, including concerns and priorities constitute the main reason increasing GDP in both countries of origin of that European priorities do not completely define migration and destination countries. Remittances Turkey’s emerging policy on irregular migration. are identified as an important source of country development, for increasing the level of national Because the article focuses on the development savings and for improving income distribution. of irregular migration policy in Turkey and the European Union’s influence in the development of The report examines the human and social costs of this policy, it does not make a direct contribution to irregular migration and explains that the illegality the body of knowledge on irregular migration. of much of the undocumented migration makes migrants vulnerable to exploitation. Migrants must pay brokers to help them enter the country, and Paitoonpong, S. Different Stream, Different they have virtually no information regarding their Needs and Impact: Managing International respective jobs. Some are coerced into forced labour Labour Migration in ASEAN. Makati or prostitution or are sexually assaulted. Many of City, Philippines: Philippine Institute for the migrant workers suffer in very poor working Development Studies, 2011. environments and living quarters.

Key words The report concludes that even though the Thai Government has many laws and policies regarding Thailand the protection of migrant workers, such as the Factors that fuel irregular migration, human and Labour Law and Labour Protection Act, and various social costs of smuggling, irregular migration, routes, memoranda of understanding at the regional and smuggling bilateral levels, they have not been effective due to law enforcement weaknesses.

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The report provides information on the stocks into Turkey, travelling towards Bulgaria, Romania, and flows of irregular migration to Thailand and Hungary and then reaching the Western European provides insights into the relationship between countries. The second route is across Greece, registration programmes and migration policies on Macedonia, Albania, the Adriatic Sea and reaching legal and irregular migration patterns in South-East Italy and other European countries. The third is Asia. Thus, the report contributes to the body of through the Croatian border, which the author knowledge on irregular migration in that region. suggests is easy to trespass.

The paper concludes with recommendations for Pangerc, D. ‘Illegal Migrations Along the improving the response to migrant smuggling and Balkan Routes’. Faculty of Arts and Sciences human trafficking, including constructing a detailed Journal of Social Sciences, 2012, pp. 139–147. database of smuggling and trafficking victims’ cases and creating monitoring agencies for the victims; Key words improving the development of skills among the most Albania, Bulgaria, Croatia, Greece, Hungary, Iran, vulnerable communities to promote alternative ways Iraq, Italy, Republic of Macedonia, Romania, Syria, of subsistence; creating new job opportunities to Turkey prevent people from falling into criminal activities Human and social costs of smuggling, routes, and networks; creating new shelters or relief centres smuggling with counselling, legal and psychological support services; and starting rehabilitation programmes to Research method reintegrate victims into society. Qualitative The strength of the paper is its use of case studies Summary to discuss the routes and modus operandi of This paper examines human trafficking and migrant migrant smuggling along the Balkan path to the smuggling patterns and activities along the Balkan European Union. The paper contributes to the body routes to the European Union. It includes case studies of knowledge on migrant smuggling through its of human trafficking and migrant smuggling and discussion of these routes and its examination of the suggests solutions for responding to the problems. interface between migrant smuggling and human trafficking in the Balkans area. The paper explores the concepts of human trafficking and migrant smuggling, relying on the definitions from the Trafficking in Persons Protocol and the Perrin, B. Migrant Smuggling: Canada’s Smuggling of Migrants Protocol. Response to a Global Criminal Enterprise. Ottawa: Macdonald-Laurier Institute, 2011. The research methodology involved the collection of case studies over a five-year period. The case studies Key words were constructed by following the migrants’ patterns Canada, China, Sri Lanka of movement, passing through the Balkans, on Fees and payment for smuggling, irregular migration, the way to Italy and other European destinations. modus operandi of smuggling, smuggling Investigations for the case studies were carried out through an anthropological method that included Research method used fieldwork research, active participant observation Unknown and through the creation of reliable informants’ networks. Summary This paper discusses migrant smuggling to Canada The paper examines the Balkan and other routes to and then Canada’s policy response to smuggling. The the European Union and the modus operandi of paper positions migrant smuggling as a dangerous, migrant smuggling on those routes. Smugglers and sometimes deadly criminal activity that funds traffickers use three main land routes that transit in terrorism and undermines border security. The author Turkey: The first is by Iran, Iraq or Syria, arriving argues that, from both a supply and demand side,

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failing to respond effectively to migrant smuggling material presented, the paper does not make a direct may embolden those who engage in such an illicit contribution to the body of knowledge on irregular enterprise and lead to an increase in transnational migration. crime.

The paper defines migrant smuggling according to Pickering, S. & Cochrane, B. ‘Irregular the Smuggling of Migrants Protocol. Border-Crossing Deaths and Gender: Where, How and Why Women Die Crossing Borders’. There is no reference to the research methodology, but Theoretical Criminology, vol. 17, No. 1, 2013, data collection appears to have consisted of a review pp. 27–48. of Canada’s policy response to migrant smuggling, particularly a review of Canada’s Immigration System Key words Act (Bill C-4) and an analysis of recent literature on Australia, United States of America migrant smuggling. Human and social costs of smuggling, irregular migration, modus operandi of smuggling, smuggling The paper examines the modus operandi of migrant smuggling to Canada and argues that migrant Research method smugglers have a major role in facilitating illegal Quantitative entry. The paper presents information regarding the fees and payments for migrant smuggling Summary services and suggests that the illicit profits earned by This article explores the ways women die irregularly smugglers are the primary reason for their actions. crossing borders, noting that women are more likely The author argues that migrant smuggling operations to die crossing borders at the physical frontiers of are connected to other serious crimes, such as drug nation States than at increasingly policed internal smuggling, firearms smuggling, money laundering border sites. Gendered social practices within and governmental corruption. The author further families and within countries of origin and transit suggests that Chinese migrant smugglers, also known as well as the practices of smuggling markets are the as ‘snakeheads’, are the most notorious and effective major contributing factors to the deaths of women at facilitating the smuggling of large numbers of at borders. irregular migrants to North America. Their networks include forgery workshops, operational centres in The article discusses the concept of ‘the border’ transit countries, networks of corrupt officials and a and suggests that the securitization of borders capital base to facilitate their operations. between the global North and the global South has fundamentally transformed the nature of the border The paper concludes that a comprehensive approach internationally. to addressing migrant smuggling ultimately requires three primary strategies pursued together The research methodology involved drawing on at the national and international levels. National available data in Europe and the United States jurisdictions must take greater action to discourage collected over the past 10 years by the organization irregular migration and disrupt migrant smuggling UNITED and by the Arizona Daily Star, together operations through legislation, such as Bill C-4, with the Weber and Pickering database on Australian and through international cooperation; national border-related deaths. The data sets were used jurisdictions must establish more efficient expedient to consider the hypothesis that the fortification procedures to remove failed claimants; and the of borders results in increased deaths and that international community should continue to develop the physical border remains the site of greater a proactive response to the global refugee situation. concentrations of female deaths compared with other border sites. The authors compiled data on the The paper provides insights into migrant smuggling death sites and the sex, region of origin and cause of to Canada as well as information regarding Canada’s death of the victims. policy response. Due to the dearth of empirical

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The authors found that women are more likely to activists of migrant organizations in Bangladesh die crossing borders at the harsh physical frontiers in 2010 and 2011. The survey involved interviews of nation States than at internal border sites, such as with migrant households across the country through immigration detention centres. The authors conclude a nationally representative sample of migrant that this suggests greater attention needs to be paid households from all six administrative divisions. to this issue because as the existing data indicate that The districts of the six divisions of the country were the number of women irregularly crossing borders divided into two strata, with one stratum consisting is increasing. The authors call for the development of ‘more concentration of migrant’ households and of an international database capable of recording the other stratum consisting of ‘less concentration aspects of local border environments as well as of migrant’ households. Following this, clusters comparable details regarding the various types of were formed with one or more mauzas (villages). In irregular crossing and their outcomes. total, the survey covered 12,893 migrants; of them, 177 migrants were working in Italy. The study then The strength of the article is its quantitative analysis focused its analysis on the experiences of these 177 of the deaths of women crossing borders in Australia, migrants’ households. the European Union and the United States. The article highlights an important gap in the collection The article highlights three main migration channels: of data on the human and social costs of migrant i) irregular migration, ii) the quota system and iii) smuggling—information regarding the victims, family reunification. Migration through irregular particularly women, who die attempting to cross channels usually involves the use of more than one land or sea borders. route in the migration process and often consists of a combination of air and land or air and sea travel or sometimes all three models. For the journey from Rahman, M. M. & Kabir, M. ‘Bangladeshi Bangladesh to Italy, potential migrants typically fly Migration to Italy: The Family Perspective’. to a nearby transit country first with a visa but later Asia Europe Journal, vol. 10, No. 4, 2012, pp. become irregular in an attempt to enter Italy through 251–265. a land or sea route.

Key words The services of adam baparis (intermediaries) are Bangladesh, Italy unavoidable for Bangladeshis in the migration Factors that fuel irregular migration, fees and process, whether their migration is regular or payment for smuggling, modus operandi of irregular. Prospective migrants require the services smuggling, routes, smuggling of several adam baparis located at both ends of the migration process—in Bangladesh and in Italy. Research method In Italy, the intermediaries provide services to Mixed potential dependant visa or quota visa applicants. In Bangladesh, they also provide services to both groups Summary of visa applicants in the area of passport application, This article examines Bangladeshi migration to Italy air ticket booking and visa application. The article and discusses the reception of immigrants in Italy, concludes that Bangladeshi emigration thus appears the characteristics of Bangladeshi migrants, their to serve a group of intermediaries who enjoy sizeable channels of migration, the role of intermediaries economic rewards from organizing and facilitating in the migration process, the economic cost of migration of labour internationally. migration and inflows of remittances. The article provides insights into the routes of The study is based on the 2009 Bangladesh Household immigration for both early and recent Bangladeshi Remittance Survey, which the International immigrants to Italy as well as new information on the Organization for Migration conducted. In addition fees paid to intermediaries involved in the migrant to survey data, the study also drew on qualitative smuggling process and the remittances generated interviews with migrants, returned migrants and from Bangladeshi migration to Italy. It thus makes a contribution to the body of knowledge on irregular migration from Bangladesh to Italy.

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Reddy, Y. Y. ‘Inexorable Cross-Border Illegal The article adds insights into irregular migration Migrations Entangled in Geopolitical by providing a historical overview of irregular Exigencies in SAARC’. A Biannual Journal of migrations within South Asia. However, the article South Asian Studies, vol. 5, No. 1, 2012, pp. mostly concentrates on the decades prior to the 10–23. 1970s and thus offers only a minor contribution to the body of knowledge on contemporary South Key words Asian irregular migration patterns and routes. Bangladesh, Bhutan, India, Nepal, Pakistan Irregular migration, modus operandi of smuggling, routes, smuggling Rowe, E. & O’Brien, E. ‘Constructions of Asylum Seekers and Refugees in Australian Research method Political Discourse’. In Crime Justice and Unknown Social Democracy: Proceedings of the Second International Conference, K. Richards Summary and J.M. Tauri, eds. Brisbane, Australia: This article provides a historical overview of irregular Queensland University of Technology, 2013, migration within South Asia. The article focuses in pp. 173–181. particular on India, which, it argues, has become the centre stage for the influx of irregular migrants from Key words its four land-bordering smaller states. Australia, Indonesia, Malaysia Irregular migration, routes, smuggling The research methodology is not explained but appears to have consisted of a review of literature on Research method the subject of irregular migration in South Asia. Qualitative

The article analyses the geopolitical designs of India’s Summary neighbours and provides a historical overview of This paper investigates how Australian political irregular migration patterns in the region, most discourse constructs asylum seekers and refugees. of which have India as the destination country. It focuses in particular on the discourse presented The article describes the push-and-pull factors for during debates in Australia surrounding the failed irregular migration and argues that it is the low level Malaysia Solution in 2011. of economic and social development in South Asian countries that is the largest push factor for irregular The authors analysed Australian Parliamentary migration from Bangladesh and Nepal into India or debates for underlying themes and constructions from Nepal into Bhutan. that permeate political discourse on asylum seekers and refugees. In particular, the authors examined Cross-border movement within this region is relatively Hansard transcripts of the Federal Parliamentary easy. South Asians are not bound by immigration debates about the Malaysia Deal in both the Senate rules requiring passports and/or visas. Additionally, and House of Representatives. Data collection was the boundary between Nepal and India is easy to limited to the period 1 May–1 October 2011, which cross, and this has led to high levels of cross-border included several months of negotiation regarding illegal trade and migration. According to the article, the Malaysia Deal, the signing of the agreement in there is a high frequency of Bangladeshi migrants July 2011, and the aftermath of the High Court using fraudulently issued official documents, such ruling that declared the people swap deal invalid and as ration cards, voter identity cards and passports, unlawful. which have enabled them to become residents and/ or citizens of India. The article concludes that the The authors report that a “dichotomous result of this irregular migration is fatigue among characterization of legitimacy” pervades Australian Indian citizens regarding the large numbers of political discourse. Asylum seekers and refugees irregular migrants residing in India. are represented either as legitimate humanitarian

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refugees or as ‘illegitimate, irregular boat arrivals’. The Drawing on recent scholarship on transit migration, result of these constructions is that asylum seekers the article suggests it can be defined as a journey that and refugees are misinterpreted as ‘illegitimate’, thus encompasses more than the source and destination undermining their protection under Australia’s laws country. Alternately, it can be understood as a stage and international obligations. between emigration and settlement.

The paper concludes that while it is not illegal to The research methodology is not discussed but travel to Australia to seek asylum, Australian Federal appears to have consisted of a review of literature Parliamentarians continually strive to create and on transit migration and an analysis of Turkey’s sustain the perception that there are two distinct immigration policies in recent decades. groups of asylum seekers—those who are ‘queue jumpers’ and therefore ‘bad’ people and those who The author argues that in addition to its role as a are legitimate refugees. The authors point out that by sending and receiving country of irregular migrants, supporting and promoting this discourse, Australian Turkey has become a transit country of irregular politicians have established a false dichotomy in migration. A vast number of non-European irregular which only some people fleeing persecution are seen migrants who intend to enter Europe pass through as deserving Australia’s protection. Turkey. Additionally, the Iranian revolution, political turmoil in the Middle East, the end of Cold War, the The paper provides insights into how Australian Gulf War and political and economic difficulties in politicians have framed discourses surrounding some African countries have forced Turkey into a de asylum seekers and irregular migrants. Because the facto country of first asylum. paper focuses its discussion on discourses on asylum seekers, it does not make a direct contribution to the Turkey has started to focus on immigration control body of knowledge on the irregular migration issue to demonstrate its authority to providing border itself. security. The author argues that Turkey’s immigration policies are in fact heavily influenced by the United States and EU Member States. Sahin-Mencütek, Z. ‘Immigration Control in Transit States: The Case of Turkey’. European The article contributes to knowledge on irregular Journal of Economic & Political Studies, vol. migration through its specific study of Turkey as 5, No. 1, 2012, pp. 137–163. a new country of irregular transit and destination migration. The article provides a useful discussion of Key words the internal and external factors that influence and Turkey, United States of America shape an irregular migration transit country’s border Concepts, routes, smuggling security policies.

Research method Unknown Sarausad, M. Cost or Benefit? Valuing Migration Through Remittances by Irregular Summary Migrants in Thailand. Nakhon Pathom, This article discusses the case of transit migration Thailand: Institute for Population and Social through Turkey to the European Union. The article Research, 2011. traces Turkey’s new immigration concerns in the two realms of immigration legislation and border Key words enforcement. It provides a discussion of the historical Lao PDR, Myanmar, Philippines, Thailand development of immigration policy in Turkey and Factors that fuel irregular migration, fees and applies a historical evaluation of policies to explain payment for smuggling, irregular migration, routes, the causal mechanisms shaping more restrictive smuggling immigration control.

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Research method expenditure for remittance-receiving households Mixed and higher allocation for housing, education, health care and recreation services. The article concludes Summary that there are key benefits to allowing irregular This article assesses the value of irregular migrants’ migration to occur so that migrants may send remittances from Thailand. The author looked at valuable remittances to support families in their both regular and irregular migration from South- home countries. East Asian countries to Thailand, the drivers for irregular migration, irregular migration routes, the The article makes a contribution to the body of size of the flows and the systems of remittances used knowledge on irregular migration through the by irregular migrants residing in Thailand. collection and analysis of qualitative and quantitative data on irregular migrants’ systems of sending The study methodology applied both quantitative and remittances and the study of how remittances are qualitative approaches, with considerable amount of used by migrants’ families. The article provides qualitative data acquired from Myanmar migrants valuable new information about the flows of through in-depth interviews and focus group irregular migrants into Thailand, the areas in which discussions. A survey on irregular Filipino migrants irregular migrants find work and methods of sending extending their visas at the Thailand–Cambodian remittances to families in home countries in South- borders (at Aranyaprathet/Poipet and Chantaburi/ East Asia. Ban Pakard border points) was also conducted to trace the movements and flows of irregular migrants who were renewing their visas. Approximately 70 Schloenhardt, A. & Davies, C. ‘Smugglers and survey questionnaires were distributed, and 51 Samaritans: Defences to People Smuggling in were filled out. In addition, observations were also Australia. UNSW Law Journal, vol. 36, No. 3, conducted at places where irregular migrants were 2013, pp. 954–984. likely to be found, including apartment buildings, factories, markets and outside shops. Key words Australia, Indonesia The article examines the drivers for irregular Modus operandi of smuggling, profiles of smugglers, migration to Thailand and argues that political smuggling conflict and unstable living conditions in Myanmar have prompted hundreds of thousands of people to Research method flee the country and enter Thailand illegally. The Qualitative article also discusses the various routes of irregular migration to Thailand and examines border entry Summary points, visa options and requirements to enter This article examines recent migrant smuggling Thailand. offences in Australia in light of the available case law and international legal requirements. In the discussion on the remittances of irregular migrants residing in Thailand, the author explains The article defines ‘migrant smuggling’ according to that there are institutionalized networks that article 3(a) of the Smuggling of Migrants Protocol. facilitate the transfer of money, both at the sending and receiving ends. Migrants draw upon The research methodology consisted of a review of the social capital embedded in their interpersonal migrant smuggling cases to Australia and analysis of networks for the transfer of money. The article the defences of migrant smuggling that have been explores the benefits of remittances and finds that raised in Australian courts. there is a positive correlation between educational and nutritional level of children and remittances. The article outlines the criminalization of migrant Further, there are extensive differences in the level of smuggling in international and Australian law, consumption between households receiving and not focusing principally on the migrant smuggling receiving remittances, revealing higher consumption

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offences in the Australian Migration Act, which are The article makes a contribution to the body of commonly used in prosecutions. Examining the knowledge on migrant smuggling through its analysis available case law and existing legislation, the authors of migrant smuggling cases in Australia. The article identify the specific grounds on which persons demonstrates that the causes and circumstances charged with people smuggling offences under of migrant smugglers and smuggled migrants are Australia’s Migration Act have sought to excuse or complex and do not necessarily fit into a single justify their actions. The defences analysed include people smuggling business model. duress, mistake, necessity or acting for humanitarian reasons. Schloenhardt, A. & Ezzy, L. ‘Hadi Ahmadi— According to the authors, Australian courts and And the Myth of the People Smugglers’ the Australian Government have made it clear that Business Model’. Monash University Law smuggled migrants, even if they are recognized as Review, vol. 38, No. 3, 2012, pp. 120–147. refugees, have no lawful right to come to Australia. Additionally, migrant smugglers do not escape Key words criminal liability in these circumstances. The authors Australia, Indonesia, Sri Lanka argue that the points raised in a range of migrant Fees and payment for smuggling, modus operandi of smuggling trials are central to fundamental questions smuggling, profiles of smugglers, routes, smuggling about the criminalization of migrant smuggling and the relationship between migrant smuggling, Research method the movements of asylum seekers and Australia’s Qualitative obligations under international refugee and anti- smuggling of migrants law. Summary This article explores the case of Hadi Ahmadi, one of The analysis of migrant smuggling cases raises two the highest profile prosecutions of people smuggling major arguments: i) International law requires in Australia in recent years, to shed light on the so- States parties not to criminalize and punish migrant called ‘people smugglers’ business model’, which smugglers who operate for humanitarian motives. successive Australian Governments have attempted However, Australia’s people smuggling offences to dismantle. The article examines the facts of Hadi make no such exceptions, and the existing defences Ahmadi’s offending and the criminal proceedings are inadequate to accommodate the reality and against him and draws comparison with other complexity of such situations. ii) International law migrant smuggling organizer cases. and best practice guidelines limit the criminalization of migrant smuggling to instances in which The article discusses the term ‘people smugglers’ smugglers operate for financial or other material business model’ that has been adopted by recent benefit. Australian law contains no such limitations Australian Governments. The authors argue that and, as a result, does not tie criminal liability to the term reinforces the perception that the migrant the principal characteristic of migrant smuggling. smuggling phenomenon is a form of organized crime The authors conclude that the offences legislated and a heinous activity of transnational criminal in the Migration Act and equally in the Criminal syndicates working in an illegal market worth Code depart fundamentally from the purpose of the billions of dollars. According to the authors, this is Smuggling of Migrants Protocol. The elements of not always a realistic interpretation of the migrant these offences and the defences available to persons smuggling phenomenon. accused of people smuggling are inadequate to address the complexities and realities of migrant The research methodology involved analysis of smuggling and that Australian law has resulted in open-source material. Much of the information the criminalization and punishment of individuals presented in the article derives from the transcript who, in the eyes of the international community and of the District Court proceedings and the reported many experts, do not, in fact, deserve punishment. appeal case, Ahmadi vs. The Queen. Other migrant smuggling case reports and secondary sources were also reviewed, including government reports and news reports.

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The article presents the personal background of Summary Hadi Ahmadi and the facts surrounding the arrival This article analyses migrant smuggling prosecutions of the four migrant smuggling vessels in which in Australia between 2008 and 2011. Based on the Hadi Ahmadi was involved. The article examines available case law, the article develops a profile of the criminal proceedings against Hadi Ahmadi, ‘typical’ migrant smuggling offenders, examines including his initial trial and sentencing in the sentencing trends and analyses the role of smuggled District Court of Western Australia and his appeal migrants in the smuggling process. to the Western Australian Supreme Court. Hadi Ahmadi’s case is then compared with more typical The research methodology encompassed analysis migrant smuggling prosecutions in Australia and of sentencing remarks from successful prosecutions with several other high profile organizers who have during the period studied of 2008–2011. These been implicated in facilitating multiple unauthorized sentencing remarks were supplemented, where boat arrivals. possible, by media reports and submissions on sentence. The authors highlight an important The authors found that the arguments presented by limitation of the study, which is that because there Hadi Ahmadi and his defence team—that he acted has only been one appeal decision handed down, for humanitarian reasons to help his countrymen most cases are not reported in official law reports. and women and that financial profit was not his Therefore, conclusions on the trends revealed by primary motive—are not unique to his case and prosecutions were based on a relatively limited have been used and explored in a number of recent number of cases. migrant smuggling trials in Australia. The article provides a brief overview of migrant The article concludes that there are no simple smuggling charges and prosecutions since 2008 solutions to the migrant smuggling phenomenon and of the legislative changes during that period. that spans continents and involves several thousand It examines a number of relevant cases in search of people seeking a better life abroad. Consequently, an understanding of the circumstances from which simplistic suggestions to ‘stop the boats’, turn migrant these prosecutions arise, analyses the trends emerging smuggling vessels back to Indonesia and ‘break the from cases and, based on those trends, analyses the people smugglers’ business model’ are unlikely to cross-cutting themes that appear common to the offer long-term solutions and may actually prove to prosecutions. be counterproductive. The authors argue that migrant smuggling The strength of this article is its unique study of prosecutions so far have resulted in the gaoling of the motivations of Hadi Ahmadi and its analysis of hundreds of poor Indonesian fishermen who have Australia’s laws, which are capable of punishing those little or no involvement in migrant smuggling who may smuggle migrants for altruistic reasons. organizations beyond being recruited to undertake the final journey to Australian territory. Gaoling has had no measurable impact on the ongoing operation Schloenhardt, A. & Martin, C. ‘Prosecution of migrant smuggling organizations because these and Punishment of People Smugglers in poor fishermen are easy to find and expendable. As Australia 2008–2011’. Federal Law Review, a result, the continued pursuit of prosecutions of vol. 40, No. 1, 2012, pp. 111–140. these types of offenders is costly, time-consuming and ineffective for the Australian Government. The Key words authors conclude that if the Australian Government Australia intends to continue prosecuting migrant smugglers Fees and payment for smuggling, irregular migration, despite new budgetary constraints, it should shift profiles of smugglers, smuggling its focus towards investigating, extraditing and prosecuting the organizers of migrant smuggling. Research method Qualitative The strength of the article is its detailed analysis of recent migrant smuggling cases and prosecutions

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in Australia. The article has shed new light on the The article examines the historical origins and motivations of migrant smugglers, their roles, small drafting approaches underpinning the Smuggling or significant, in the migrant smuggling process of Migrants Protocol and its parent, the UN and the effectiveness, or otherwise, of Australia’s Convention against Transnational Organized Crime. smuggling prosecutions. The provisions obliging State parties to provide assistance to smuggled migrants are analysed. The article then turns its attention to an analysis of Schloenhardt, A. & Stacey, K. ‘Assistance migrant smuggling in the Australian context. There and Protection of Smuggled Migrants: are two main reasons for this discussion: i) to define International Law and Australian Practice’. the scope of assistance measures in Australia under Sydney Law Review, vol. 35, No. 1, 2013, pp. consideration by the article and ii) to facilitate the 53–84. identification of Australian government support for smuggled migrants. Key words The authors highlight the fact that Australia has Australia accepted obligations under the Smuggling of Human and social costs of smuggling, profiles of Migrants Protocol to “afford appropriate assistance smuggled migrants, smuggling to migrants whose lives or safety are endangered Research method by reason of being” smuggled migrants without reservation. The authors’ analysis of the assistance Qualitative and protection offered to smuggled migrants in Summary Australia, however, casts doubt that Australia fulfils the requirements it agreed to. These doubts are of This article explores the extent to which the further concern in light of recent moves to detain Smuggling of Migrants Protocol protects those in other countries smuggled migrants who arrive directly affected by migrant smuggling. It analyses in Australia by boat, thus ‘handballing’ Australia’s the content of the assistance provisions under the obligations elsewhere. Protocol and critiques the relatively low threshold that the Protocol sets. The article focuses on the The article concludes with observations about the protection provisions provided by the Government standard and operation of the international and of Australia which, the authors argue, while on the domestic protection and assistance of smuggled surface may appear adequate, are in fact inferior migrants and reflects on further steps to prevent to the needs of the smuggled migrants residing the smuggling of migrants more effectively while predominantly in detention centres on Australian protecting those who are most vulnerable to migrant territory and in offshore detention centres. smuggling. The article discusses the concepts of migrant The article provides insights into Australia’s smuggling and trafficking in persons within the obligations under the Smuggling of Migrants Protocol definitions provided by the Smuggling of Migrants and insights into smuggled migrants’ protection Protocol and the Trafficking in Persons Protocol. provisions in Australia. The article contributes to the body of knowledge on migrant smuggling The research methodology consisted of a critical through its study of Australia’s legal framework and review of the Smuggling of Migrants Protocol, a obligations, and the protection provisions, or lack review of Australian government policy on migrant thereof, provided by the Australian Government for smuggling and analysis of Australia’s provisions for smuggled migrants. smuggled migrants’ protection. The article’s analysis of these measures drew on current government guidelines, academic observations, and information from other sources. The study also took into account Schloenhardt, A. & Cottrell, T. Financing the the policy changes and legislative amendments that Smuggling of Migrants in Australia. Brisbane, followed the release of the Report of the Expert Panel Australia: University of Queensland Migrant on Asylum Seekers in August 2012. Smuggling Working Group, 2014.

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Key words will prevent the flow of funds to migrant smuggling Australia networks abroad and thus decrease the flow of Fees and payment for smuggling, smuggling smuggled migrants to Australia. This approach fails to recognize the importance of global remittance Research method flows to the migrants who use them and, indeed, Qualitative to the economic development of many nations. The authors further contend that the new attack on Summary alternative remittance systems also fails to recognize This paper examines recent amendments to Australia’s that the use of alternative remittance systems is migrant smuggling laws that are designed to combat not inherently criminal and that the vast majority the financing of migrant smuggling. It reflects on of alternative remittance transfers involve funds how Australia’s attempts to combat the financing that come from legitimate sources and are used for of migrant smuggling by controlling alternate legitimate purposes. remittance systems may negatively affect the families of migrants who depend on remittances for survival The paper concludes that the criminalization of the and may criminalize financial transactions that are financing of smuggling of migrants and the regulation not actually illegal. of alternative remittances may have potentially far-reaching consequences. Recent amendments The research methodology is not explained, but it introduced by the legislative and regulatory is clear that the authors analysed relevant Australian framework designed to combat the financing of laws designed to combat migrant smuggling and the migrant smuggling risk the criminalization of financing of migrant smuggling. activities that are not inherently illegal.

The paper explores the concept of remittance transfer, The paper provides a valuable critique of Australia’s a process that consists of a financial service that attempts to combat the financing of migrant accepts cash, cheques, other monetary instruments smuggling through the regularization of alternate or other stores of value at one location in order to remittance systems. It provides insights into how pay a corresponding value to a beneficiary located alternate remittance systems are used by migrants and elsewhere. The authors suggest that the defining how depriving migrants of these valuable financial characteristic of a remittance transfer is that value transfer systems may negatively affect migrants’ can be transferred between locations without moving families who rely on the remittances for survival. any actual currency. Such remittance services are useful because they make international financial transfers easy, particularly when compared with the Schuster, L. ‘Turning Refugees into “Illegal expensive and complex international funds transfer Migrants”: Afghan Asylum Seekers in options provided by banks. The paper also explores Europe’. Ethnic and Racial Studies, vol. 34, the concept of alternative remittance service, noting No. 8, 2011, pp. 1392–1407. that this term is used to describe informal money or value transfer services that operate outside of Key words regulated Western financial systems. It is these Afghanistan, France, Greece alternative remittance services that are commonly Human and social costs of irregular migration, used by migrants to send valuable remittances to irregular migration, routes their families in countries of origin. Research method In 2010, new offences were added to Australia’s Qualitative Migration Act 1958 and Criminal Code to criminalize the provision of financial support for the Summary smuggling of migrants. The authors argue that the This article examines how the European Union Australian Government has turned its attention to regime of managing asylum seekers and the Dublin the regulation of alternative remittance services in Convention [replaced by the Dublin Regulation], the hope that greater enforcement of these services turn asylum seekers into “illegal migrants. The

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article explores how asylum seekers transit southern second country, effectively rendering them “illegal EU Member States, where in theory they should be migrants” with no access to work, education or able to claim asylum but in reality have little chance social services. These asylum seekers join the already of submitting a claim, let alone being granted swelling numbers who are forced to live on the street protection. To illustrate salient points, the article and survive on support provided by NGOs. explores the case of Afghan asylum seekers living in a virtual state of limbo in Paris. According to the author, the group of Afghan asylum seekers observed for the study provide sharp insights To collect data for the study, the author spent 18 into how the European asylum system does and months, from mid-2008, volunteering twice a week does not work for a group of people coming from with the Collectif de Soutien des exiles du 10eme, a situation of generalized violence and individual which is a small group of Parisians who visit the places persecution. The article highlights the inefficiencies where Afghan asylum seekers gather to eat, usually of the asylum regime and argues that the regime is Salvation Army food distribution points, to provide costly, unwieldy and does not achieve the goals for support. The author had regular discussions with which it was designed. Under this system, many young Afghan men at these places and conducted asylum seekers fail to receive the protection they discussions with volunteers. The author focused in need, not because they do not meet the criteria of particular on one group of Afghan asylum seekers the Geneva Convention but because systems, such for the study, which consisted of asylum seekers as the Dublin Regulation, allow States to delay the who had applied for asylum but had been told that examination of asylum claims for months and years, the French Government would not examine their leaving thousands of asylum seekers without legal claims because their fingerprints had been found in protection or access to employment and services. Eurodac. The group of men studied for the research, at the time of data collection, resided in France, and The strength of the article is its critical analysis of the almost all had entered through Greece. European Union regime of processing asylum seekers. Drawing on empirical material, the article highlights The article presents two case studies on Greece and how the European Union regime effectively blocks France. The case study on Greece illustrates the low asylum seekers from making claims and receiving refugee recognition rates in that country. The case protection, which makes asylum seekers “illegal study of France is used to examine a north-western migrants”. Member State with higher refugee recognition rates. Throughout the two case studies, the author explores the application of the Dublin Regulation Shelley, L. Human Smuggling and Trafficking and argues that the Convention and EU Member into Europe: A Comparative Perspective. States’ policies on asylum seekers turn asylum Washington, D.C.: Migration Policy Institute, seekers into “illegal migrants”. Asylum seekers who 2014. first enter Greece have their fingerprints taken and wait for prolonged periods of time to be processed Key words and resettled; however, due to the very low asylum Afghanistan, China, Iraq, Pakistan seeker recognition rates in Greece, asylum seekers Routes, smuggling in that country are almost always branded as “illegal migrants”. The France case study illustrates the plight Research method of Afghan sans-papiers (undocumented persons) in Qualitative that country. Asylum seekers, initially fingerprinted in Greece under the Dublin Regulation, are not Summary allowed to make an asylum claim in France or any This research report encompasses the models, other EU country. Although France and a number trends and routes of migrant smuggling and human of other EU countries will not return the Afghan trafficking in Europe. Its point is to outline the effects asylum seekers to Greece because they recognize of migrant smuggling and human trafficking and to the poor treatment of refugees in that country, they examine policy options for reducing the phenomena. will also prevent them from seeking asylum in a

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Although the report focuses its discussion on the that operations are successful. Corruption limits flows of irregular migration and trafficking from good governance, enables human trafficking and Africa and Eastern European States to the European migrant smuggling to continue and fosters anti- Union, it also discusses the patterns and activities of immigrant sentiment in Europe. smuggled Asian migrants who traverse a number of countries on their journey to the European Union. The report concludes with a series of policy options to reduce the flows of migrant smuggling and The research methodology involved a review human trafficking to Europe. The author argues that of national reports and research conducted in policy makers must address the demand for migrant countries of the European Union. The author smuggling through education, prevention efforts reviewed recent publications to better understand and prosecution; harmonize policy efforts within the current dynamics of migrant smuggling and and across countries so that smugglers and human human trafficking. The author also reviewed reports traffickers are not able to take advantage of permissive and analyses of cases that had been investigated by regulatory environments; decrease the profits of Europol, the International Labour Organization, smugglers and traffickers; and improve labour laws the Organization for Security and Co-operation in so that legal immigrants may fill the demand for the Europe and the Financial Action Task Force. work that currently employs smuggled migrants.

The report examines the concepts of migrant The report uses current literature to highlight smuggling and human trafficking according to the patterns and flows of migrant smuggling and the definitions within the Smuggling of Migrants human trafficking in Europe. The report does not, Protocol and the Trafficking in Persons Protocol, however, contribute to the body of knowledge respectively. The author briefly outlines the on migrant smuggling because it does not present similarities and differences between the two crimes. empirical material and, throughout the report, there Both migrant smuggling and human trafficking is conflation between migrant smuggling and human involve the recruitment, movement and delivery of trafficking issues. migrants from a host State to a destination State, whereas what differentiates the activities is whether the migrants are willing participants in the process. Sheng, L. & Bax, T. ‘Changes in Irregular Emigration: A Field Report from Fuzhou’. The report examines the routes and trends of migrant International Migration, vol. 50, No. 2, 2012, smuggling and human trafficking to the European pp. 99–112. Union before moving on to an examination of the profile of the facilitators of migrant smuggling and Key words human trafficking and a profile of the victims. The Australia, China, Japan, United States of America report suggests that both human trafficking and Factors that fuel irregular migration, irregular migrant smuggling are activities that have attracted a migration, routes number of facilitators who assist those seeking illegal entry to the European Union, ranging from small Research method groups of facilitators to more complex organizations. Qualitative The report also highlights the role of other intermediaries who may knowingly or unknowingly Summary facilitate migrant smuggling and human trafficking This article reviews recent changes in patterns of such as employment agencies, apartment owners irregular migration from Fuzhou Province in China. and businesses, particularly in the entertainment and travel industries. The author draws attention The study grew out of earlier research on irregular to the issue of corruption as an important factor emigration conducted in Fuzhou Province in 2000 to exacerbating migrant smuggling and human 2002. The analysis is also based on fieldwork carried trafficking. Travel agencies, border guards, customs out during visits to other provinces, specifically officials, consular officers and other diplomatic Pingtan, Houyu, Tangtou, Guantou, Tingjian and personnel are frequently bribed or extorted to ensure Donghan. Within these areas, two villages and

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one town were revisited in April 2007, June 2007 Key words and January 2008 for further research. Participant China, United Kingdom and non-participant observations and interviews Factors that fuel irregular migration, fees and as well as formal and informal conversations were payment for smuggling, irregular migration, routes, conducted. In total, more than 100 informants were smuggling interviewed. In addition, secondary information, such as government reports, local yearbooks, border Research method defence department reports and relevant social and Qualitative economic statistics, were collected. Summary According to the article, due to changing historical This article focuses on the continued existence of circumstances, there is a more legalizing tendency of organized crime within the Chinese community in irregular emigration from Fuzhou Province. Among the United Kingdom, with particular reference to the new developments in patterns and practices of ‘snakeheads’ (migrant smugglers) and the smuggling irregular migration: Migrants are taking less risk and of irregular migrants. adopting safer migration tactics; emigrants are better supported with resources, such as financial support, The research was conducted using semi-structured network support and a higher level of education; interviews with 60 individuals in China, including legal status is increasingly cherished in the process of senior members of the Chinese Ministry of Security, emigration; and fewer emigrants are being victimized police liaison officers attached to a number of foreign by smuggling groups. The authors also found that embassies and representatives of NGOs with active migratory waves from Fuzhou Province are slowing, interest in the movement of Chinese nationals, and the passion for emigration is becoming more both within China and the South-East Asian region ‘rational’. and beyond. Approximately half of the interviews were conducted in China and the remainder were Instead of heading towards the traditional emigration conducted in the United Kingdom. Semi-structured destinations of America and Japan, migrants are interviews were also conducted with community travelling to countries that are easier to access, such representatives within the UK-based Chinese as countries within the European bloc, South Africa community. The study also included a questionnaire- and Australia. This is partially due to the changes in based study of 25 London-based members of the border security adopted by Japan and the United Chinese community living irregularly in the United States in recent years. The article concludes that Kingdom. This sample included both those who had although the strategies for emigration from Fuzhou or were working in legal occupations and also those Province are today less risky, they have become who had worked as sex workers, committed fraud or increasingly complex. grown cannabis. The interviews were supplemented by a review of the Chinese press concentrating on The article contributes to the body of knowledge of the five free Chinese weekly newspapers available irregular migration through its study of the social and throughout Chinatown in London, including the structural changes that are taking place within one Chinese Business Gazette, UK-Chinese Times, London of China’s most historically important immigrant- Global Times, Epoch Times and the Sun Post. The sending areas. Through its adoption of in-depth primary purpose of the interviews and the review of community studies, the article reveals changes in the press was to gather information on the processes irregular emigration from Fuzhou Province over time attached to irregular immigration into the United and explores how these changes are closely related Kingdom, to identify patterns of employment or to the larger social and economic situation in China means of subsistence of those travelling and gain and an increasingly globalized world. understanding of the involvement of Chinese irregular migrants in organized crime.

Silverstone, D. ‘From Triads to Snakeheads: The article discusses Chinese migrant smugglers Organised Crime and Illegal Migration and contends that neither the Chinese smugglers Within Britain’s Chinese Community. Global nor the people that they smuggle to the United Crime, vol. 12, No. 2, 2011, pp. 93–111.

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Kingdom think of migrant smugglers as criminals. Key words In most events of Chinese migrant smuggling to Cambodia, China, Democratic People’s Republic of the United Kingdom, the smuggler was a friend or Korea, Lao People’s Democratic Republic, Myanmar, family member. Smugglers also did not appear to Republic of Korea, Thailand exploit the smuggled migrants, and migrants were Human and social costs of smuggling, irregular not expected to pay smugglers for anything except migration, smuggling the stipulated fee for transporting them from China to the United Kingdom. All smuggled migrants Research method interviewed for the study had used the services of Qualitative brokers or intermediaries to facilitate their travel. The author contends that these migration brokers Summary should not be underestimated—their success in This article examines how Asian States and non- smuggling people to the United Kingdom is due to state actors have defined the identities and interests their tenacity and their ability to adapt. The research of migrants from the Democratic People’s Republic revealed instances of brokers submitting multiple (DPR) of Korea. The article argues that the diverse applications and appeals from the same applicants, social construction of DPR Korean migrants has led the occasional use of call centres to facilitate multiple to equally diverse policy responses to them, spanning fraud, the merging of identity photos electronically compassion, punishment, jail and deportation, and constant access to the nuances of multiple depending on the ideological and political stance of migration systems. the particular Asian State.

The article also explores the fees and payment for The research methodology is not explained, but the migrant smuggling services; in Fujian Province, author refers to interviews conducted with women there are numerous ways to obtain the necessary from the Republic of Korea, so it is assumed that financial support to pay brokers’ fees, including some interviews took place for the study. structured products designed for would-be migrants by local banks, loan services advertised through SMS The article explores the role of smugglers in the messages or from loans by agents, friends or family. smuggling of DPR Korean migrants. Migrant However, the high costs mean that generally only smugglers are considered a highly professional group one person from each Chinese family is able to enter and are so well organized that they have developed the United Kingdom at a time. several secret routes through China to neighbouring South-East Asian countries. Smugglers escort DPR The article concludes that migrant smuggling will Koreans through Zhengzhou, Nanning or Kunming not decline in the near future because there is an cities over to Viet Nam, Lao PDR or Myanmar; embedded and profitable industry in the United smuggled DPR Koreans reach the Republic of Kingdom devoted to providing services for irregular Korea or other foreign embassies, with help from migrants who, in turn, generate further profits for missionaries or NGO workers. their employers in the legal or illegal economy. The article explores South-East Asian States’ Through the interviews conducted with smuggled responses to DPR Koreans entering their territory Chinese migrants residing in the United Kingdom, to seek asylum and finds incredible diversity in the the article provides new information about the modus responses of States. For example, the Cambodian operandi of migrant smuggling from China to the Government has recognized DPR Koreans as United Kingdom, fees and payments for smuggling citizens of the Republic of Korea and allowed them services, and new knowledge regarding the profiles to stay in safe houses while waiting for transfer and activities of Chinese migrant smugglers. directly to the Republic of Korea. Lao PDRs, which has a much stronger political affiliation with DPR Korea, has been cooperative on Korean refugee Song, J. ‘“Smuggled Refugees”: The Social issues since 2009; before then, the Lao authorities Construction of North Korean Migration’. allowed only around 50 DPR Koreans to transfer International Migration, vol. 51, No. 4, 2013, through their country to the Republic of Korea each pp. 158–173.

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year. Myanmar, which is diplomatically closer to Research method DPR Korea, does not recognize people from there Unknown either as refugees or as citizens of the Republic of Korea; however, if any reach the Republic of Korea Summary Embassy in Yangon, the authorities let them stay, This paper reviews the literature on refugees’ but under the protection of the Republic of Korea. and asylum seekers’ choice of asylum destination The Thai authorities punish DPR Koreans for and provides an overview of the factors that illegally crossing their border by imposing a fine or influence refugees’ and asylum seekers’ decision- 30 days’ imprisonment in a local prison and then making processes. It considers the extent to which allow them to transfer to the immigration removal governments’ attempts at deterring asylum seekers centre in Bangkok for about two weeks before finally from arriving can be successful, given what is known travelling on to the Republic of Korea. about the nature of asylum migration and the factors that influence the choice of destination country. The article highlights the complexities and confusion associated with the different state responses to DPR The research methodology is not explicitly discussed Koreans. Under the Republic of Korea Constitution, but clearly consisted of a review of recent literature its territorial definition is the whole Korean Peninsula, on refugees’ and asylum seekers’ decision-making which means that when DPR Koreans arrive in the processes on travel to transit and destination southern region, they automatically become citizens. countries of refuge. A major limitation of the Under the domestic jurisdiction of China and other research, according to the author, was that the studies South-East Asian States, DPR Koreans are irregular examining the reasons asylum seekers travel to a immigrants, while under the Refugee Convention certain country were generally based on interviews and the Palermo Protocol, DPR Koreans are refugees with asylum seekers and refugees who had reached and trafficked victims, respectively. The article argues that country despite any deterrence measures that that in this conflict between international law and governments have in place. Thus, potential asylum domestic legislation, all of the States involved in seekers who had rejected destinations based on DPR Korean migration accord their state sovereignty specific policy measures do not appear in such and their bilateral relations a higher precedence than studies. their international commitments. The paper highlights a number of findings. Asylum The strength of the article is the insights that it seekers generally have limited options available to provides into the various constructions of DPR them, and migration choices are therefore made Koreans as refugees, smuggled migrants, irregular within a narrow field of possibilities. Their choices migrants and trafficking victims and the policy and their journeys are often strongly influenced by responses of Asian States to them. The article migrant smugglers; in cases where asylum seekers highlights the lack of coherence in identifying and are able to exercise choice in determining their protecting DPR Korean migrants in South-East Asia. destination, factors such as the presence of social networks, historical ties between the countries of origin and destination and the knowledge or belief Spinks, H. Destination Anywhere? Factors that a certain country is democratic, where human Affecting Asylum Seekers’ Choice of rights and the rule of law are likely to be respected, are Destination Country. Canberra: Parliament highly influential. The author found that the policies of Australia, 2013. and processes relating to the asylum procedure in destination countries were generally not well known Key words by asylum seekers and therefore not highly significant Australia, Canada, Indonesia, Malaysia, United in influencing the choice of destination. States of America Factors that fuel irregular migration, irregular Asylum seekers travelling to Australia who had had migration, modus operandi of smuggling, routes, negative experiences in detention or hey had been smuggling granted only temporary rather than permanent protection relayed largely positive messages back to friends and family considering coming to Australia.

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The paper provides new information about why bigger, faster and more distant migration. The paper asylum seekers choose to migrate to specific countries suggests that many countries that already receive of destination, why they choose to rely on migrant regular and irregular migrants from Afghanistan are smugglers for assistance in the migration process likely to see these flows increase. and how they are affected by governments’ policy measures that aim to deter them from migration. The paper also highlights recent changes in migration routes and destinations. Through conversations with Afghan officials, the authors found that Pakistan STATT. ‘Afghan Migration in Flux’. Synapse, and Iran are now considered much less desirable No. 10, 2013. destinations for Afghan elites. Those Afghans with sufficient capital have turned their attention to Key words Dubai and the Gulf States or are pursuing family Afghanistan, Australia, Iran, Pakistan, United Arab visas through emigrant relatives in Europe, Australia Emirates, United States of America and North America. At the same time, traditional Factors that fuel irregular migration, irregular Western destinations for Afghans seeking long-term migration, routes, smuggling relocation have become less welcoming, particularly Europe, Australia and North America. An ironic Research method price spiral has been rising in which development Unknown money from foreign donors has increased the number of Afghans who can afford to subvert those donors’ Summary border controls to claim asylum or live illegally in This paper considers the indications that Afghan those countries. migration patterns are in a state of flux and how human movement will interact with the country’s The article contributes to the body of knowledge prospects beyond 2014. on irregular migration through its analysis of recent trends in Afghan migration patterns. It provides The research methodology is not explicitly discussed, new knowledge on the migration decision-making but the paper makes reference to the organizations’ processes of Afghans, the different migration recent work on collecting information, primarily opportunities available to those who are wealthy and through interviews with people in and around those who are poor and the implications of receiving Afghanistan, on migration trends and patterns. The countries’ increasing border security measures to inspiration for the paper derived from two trends that prevent irregular migration. the authors had observed in 2012. The first involved the increasing references by Afghans to 2014 (the year that United States military personnel planned to Suhnan, A., Pedersen, A. & Hartley, L. ‘Re- leave Afghanistan) as a factor influencing migration examining Prejudice Against Asylum Seekers decisions; and the second involved the increasing in Australia: The Role of People Smugglers, references by foreigners to 2014 as generating risks the Perception of Threat, and Acceptance of migration implosion. The authors contend that of False Beliefs. Australian Community these two trends are not entirely independent and Psychologist, vol. 24, No. 2, 2012, pp. 79–97. they thus set out to explore how the two trends may in fact be influencing each other. Key words Australia According to the paper, Afghan migrant connections Irregular migration, smuggling and capacities have grown in the past decade. Several migration options are available for the wealthy Research method (‘elites’) and the poor Afghan population. The authors Mixed argue that although there is tremendous variation between the migration options facing the elites and Summary the poor, overall there is a platform for more diverse, This article presents the findings from research that was conducted to examine the relationship between

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prejudice against asylum seekers in Australia and have a critical role in influencing the attitudes of the negative ideas about asylum seekers and migrant public. smugglers invoked through political rhetoric.

The study was based on community psychology Tamura, Y. Illegal Migration, People principles and had three aims: i) compare prejudice Smuggling, and Migrant Exploitation. levels against asylum seekers and migrant smugglers; Barcelona: Institute for Economic Analysis, ii) examine whether prejudice against asylum seekers 2011. can be predicted by social-psychological variables related to political rhetoric; and iii) investigate Key words whether the relationship between prejudice and false Irregular migration, smuggling beliefs still stood, in light of the emergence of recent political rhetoric, such as ‘temporary protection visas Research method will stop the boats’. A total of 138 people in Perth, Quantitative Western Australia, were recruited for the study. Summary According to the authors, three concepts are This article examines the effects of efforts to counter particularly relevant regarding prejudice against irregular migration and migrant exploitation in asylum seekers: i) attitudes towards migrant terms of migrant smuggling. The author argues that smugglers; ii) perceptions of threat; and iii) the insufficiently resourced counter efforts may actually acceptance of false information as true. The authors result in an adverse selection equilibrium in which examine each concept, reviewing relevant literature exploitive smugglers are employed at a low fee, even and political developments in Australia. though migrants are willing to pay non-exploitive smugglers a high fee for their services. The authors explain that the study participants reported significantly higher prejudice scores The paper builds on the author’s 2010 model of the regarding migrant smugglers, when compared with migrant smuggling market in which smugglers are asylum seekers. The regression analysis showed heterogeneous in terms of their capacities to exploit that prejudice against migrant smugglers pointedly smuggled migrant labour. The author relaxed the predicted prejudice against asylum seekers. The informational assumption in analysing the 2010 authors argue that, theoretically, these two groups model to shed further light on the relationship should be seen as distinct from each other, particularly between the fight against migrant smuggling and the if the Australian public believes that migrant incidence of abuse of migrants in a country illegally. smugglers exploit asylum seekers; however, the data indicated a moderate correlation between people’s According to the author, there may be two types attitudes towards migrant smugglers and asylum of unintended consequences of the fight against seekers and this relationship held in the regression migrant smuggling. First, when anti-smuggling analysis. The results suggest that prejudice against resources are limited, an insufficient improvement in asylum seekers may be legitimized through the one of the counter measures may actually increase the expression of antipathy towards migrant smugglers. incidence of migrant exploitation without reducing the number of smuggling attempts. Second, even if The article concludes that the results highlight how an improvement in inland apprehension of smuggled community attitudes towards asylum seekers may be migrants is sufficient to move the equilibrium to one shaped by negative political rhetoric. characterized by adverse selection and thus reduce migrant smuggling, its impact may be undermined The article contributes to the body of research and by a concurrent improvement in inland apprehension knowledge on public attitudes towards minorities, of smugglers or a simultaneous increase in the penalty such as asylum seekers. It is the first study to analyse for exploitation, or both. and compare participants’ attitudes towards both asylum seekers and migrant smugglers. The article provides insights into how politicians and the media

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The article concludes that improved inland intercepted and returned to Indonesia. Asylum apprehension of smuggled migrants may actually seekers told the author that they had travelled to increase the incidence of migrant exploitation while Indonesia because it is the threshold to Australia and failing to decrease smuggling. The article suggests it was considered a place where they believed that that an improvement in border apprehension of they could go to register with the United Nations smugglers and their clients and an increase in the High Commissioner for Refugees (UNHCR) penalty for smuggling may be useful for reducing and wait for their asylum claims to be processed migrant smuggling. according to law. The interviews with asylum seekers revealed that all had undertaken a similar The strength of the article is that it presents a new process upon arriving in Indonesia: registration with model for analysing the effects of measures to UNHCR, interview with UNHCR, processing by counter irregular migration and exploitation in the UNHCR, refugee status determination by UNHCR migrant smuggling market. and recommendation by UNHCR for resettlement in Australia.

Taylor, J. ‘Between the Devil and the Deep In the early phases of seeking asylum, the asylum Blue Sea: A Reflection on What Turns a Person seekers explained, they were willing to wait several into a Boat Person’. Local-Global, 2010, pp. years for resettlement; however, by the time they 22–27. reached Indonesia, they realized that asylum seekers were being resettled in Australia at a rate of 35–50 Key words people a year and that it may thus take between 40 Australia, Indonesia and 60 years for resettlement. The author concludes Factors that fuel irregular migration, irregular that it is at that point that the asylum seekers started migration, routes, smuggling to look for a migrant smuggler to transport them to Australia. Research method Qualitative Through the conversations conducted with asylum seekers, the article provides insights into the plight of Summary asylum seekers in Indonesia who are forced to turn This article challenges the myth of refugees’ irregular to migrant smugglers to reach Australia by boat. migration by boat to Australia. The article explores the motivations and activities of smuggled migrants who travel predominantly to Indonesia before Taylor, S. & Rafferty-Brown, B. ‘Waiting for seeking to be smuggled by boat to Australia. Life to Begin: The Plight of Asylum Seekers Caught by Australia’s Indonesian Solution’. The methodology for the article is not discussed in International Journal of Refugee Law, vol. 22, detail, but the author mentions a trip to Indonesia No. 4, 2010, pp. 558–592. in July 2009, during which time the author visited a detention centre and talked with a number of Key words asylum seekers. The article bases its findings on these Afghanistan, Australia, Bangladesh, Cambodia, discussions with asylum seekers, some of whom had China, Indonesia, Iran, Iraq, Myanmar, Pakistan, turned to migrant smugglers to take them by boat Somalia, Viet Nam to Australia. Factors that fuel irregular migration, human and social costs of smuggling, irregular migration, The article highlights a number of findings concerning profiles of smuggled migrants, routes, smuggling the motivations and activities of smuggled migrants. Asylum seekers’ decision to board a boat to Australia Research method was considered an absolute last resort. Asylum seekers Qualitative were fully aware of their vulnerability to exploitation at the hand of smugglers and the possibility of being

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Summary that death would be preferable to their prolonged This article discusses the findings of a recent research situation of living in limbo in Indonesia. The article project that examined Australia’s border control also examines the obstacles to achieving durable policies and cooperation with Indonesia on asylum solutions for recognized refugees in Indonesia as seekers. It highlights the plight of the asylum seekers well as the positive and negative implications of who are at the centre of the Australia–Indonesia voluntary repatriation, local integration in Indonesia political wrangling over the maritime smuggling and third-country resettlement options. issue. The article concludes by making some suggestions Data collection for the study began in September regarding the way forward. The authors urge better 2007, when the authors and their colleagues regional cooperation, including cooperation with commenced a research project that had the Malaysia, meaningful participation in the Bali objective of analysing the impact on asylum seekers Process and for all countries to increase their refugee of Australia’s border control cooperation with intake. Indonesia. As part of the project, the field researchers, who were all Indonesian nationals, conducted Through the analysis of data collected through interviews with 59 asylum seekers and refugees in semi-structured interviews with asylum seekers in Indonesia. A purposive, quota sampling strategy was Indonesia, the article contributes to the body of employed, and three locations were selected because knowledge on the motivations of smuggled migrants. together they hosted the vast majority of the asylum seekers at the time of the study. The interview quotas were determined on the basis of the nationality Toktas, S. & Selimoglu, H. ‘Smuggling and gender composition of the asylum seeker and Trafficking in Turkey: An Analysis of and refugee population in Indonesia at the time EU–Turkey Cooperation in Combating the determination was being made in mid-2008. Transnational Organized Crime’. Journal of Interviews were conducted with asylum seekers Balkan and Near Eastern Studies, vol. 14, No. from Afghanistan, Bangladesh, Cambodia, China, 1, 2012, pp. 135–150. Iran, Iraq, Myanmar, Pakistan, Somalia, Sri Lanka and Viet Nam. The field researchers also interviewed Key words 49 Indonesian government officials and others who Turkey interacted with asylum seekers and refugees in a Irregular migration, routes, smuggling variety of ways in a range of locations. In addition, 13 people who worked for or with relevant NGOs Research method and 11 other individuals who were in a position Qualitative to provide useful information were interviewed. The interviews were all semi-structured and were Summary conducted between mid-October 2008 and early This article investigates transnational organized November 2009, in Indonesian and/or English. crime in Turkey and maps out Turkey’s role as a transit country of migrant smuggling and The article presents evidence of asylum seekers’ human trafficking. The authors consider Turkey’s plights in Indonesia. The authors describe journeys contribution to international efforts to combat that began in hope and ended in despair and lives in transnational organized crime in light of its EU which personal choice has played and continues to membership process. play a minimal part. Many of the refugee and asylum seeker interviewees spoke of being emotionally tired The article discusses the concept of transnational or sick from thinking about the future, with many organized crime and contends that the economic especially concerned about their children’s future view of such crime focuses on its negative effects and need for education. Some interviewees described on national and global economies. It defines their existence as akin to living ‘like animals’, while ‘transnational crime’ as the activity of outsiders others likened their situation to being dead or dying seeking to influence, infiltrate or intimidate the by stages. Some interviewees went as far as to say legitimate polity and economy of States.

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The article provides an overview of transnational dynamics of irregular migration and its relation to organized crime in Turkey, including migrant European societies and economies. smuggling and human trafficking figures and the routes involved. It illustrates how transnational The author begins by noting that “illegal migration” organized crime groups exploit Turkey’s geographical reflects, in its broadest sense, an act of migration that location for drug, arms, nuclear materials and migrant is carried out against legal provisions of entry and smuggling and human trafficking. The article explores residence but that, technically, it designates the act Turkey’s deployment of domestic countermeasures of entering a country in violation of national law and as well as its involvement in international efforts to is thus confined to illegal border crossing. In recent combat transnational organized crime. years, the term ‘irregular migration’ has increasingly replaced illegal migration in its broader sense. Turkey is located in a region in which human Irregular migration denotes a form of migration that trafficking and migrant smuggling groups are is ‘not regular’ or is ‘unlawful’ because of its violation very active. The article argues that transnational of migration rules. Thus, an ‘irregular migrant’ is organized crime in Turkey is partly due to political therefore a migrant who, at some point in his or and economic instability in the Middle East, which her migration, has contravened the rules of entry has increased activities in Turkey and made it one of or residence of a State. The author also examines the major transit routes of migrant smuggling from the concept of undocumented migrant and says the East to the West. this term has the implicit meaning of “a migrant who is not in possession of the required residence The article concludes that Turkey has been making papers”. The author also contends that ‘unauthorized significant progress to combat irregular migration migrant’ refers to people who enter or stay in a and, since 2005, which was the start of its EU country without legal authorization. membership negotiations, Turkey has combated irregular migration, trafficking and smuggling The research methodology involved a comparative problems vigorously at a government level. One of analysis of the irregular migration experiences and the consequences of these efforts is that irregular policies of different EU Member States, drawing on immigrants have increasingly been contacting an extensive range of sources. smugglers in transit countries other than Turkey. Each chapter discusses an EU country and follows The article provides insights into transnational the same structure: introduction of the general organized crime, including migrant smuggling, in migration context of the country under study; Turkey and Turkey’s attempts to, at the government available evidence on the size of irregular migration level, combat irregular migration and migrant in that country and its demographic and socio- smuggling. economic features; the main paths in and out of irregular migration status; the political discourse on irregular migration in the country in question; and Triandafyllidou, A. Irregular Migration in the issues of the irregular migration phenomenon in Europe: Myths and Realities. Surrey, UK: that country and the challenges that lie ahead at the Ashgate Publishing Ltd, 2010. national and European levels.

Key words The book provides a global overview of irregular Concepts, factors that fuel irregular migration, migration in Europe, with special emphasis on irregular migration, routes, smuggling estimating the size and features of the irregular migrant population in each country studied. The Research method chapters provide an important discussion of the Qualitative main pathways into and out of irregular status in each country. Most chapters discuss the nationalities Summary of irregular migrants in a particular State. Irregular This book provides new knowledge on the scale migrants from Asia are frequently mentioned as well and nature of irregular migration in Europe and the as their motivations for migrating and the routes

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taken to specific EU countries. The central message the labour market than with border controls. The of the book is that migrants’ status of irregularity is authors point out that most irregular migrants do actually more linked to government policy than to not cross borders illegally but rather arrive through actual geographical flows of migrants. legal channels with, for example, a tourist visa or a student visa. The book contributes new information on the size and features of the irregular migration phenomenon The authors contend that border controls do not and provides insights into the dynamics of irregular manage or reduce irregular migration flows, especially migration and its links with European society and given that once irregular migrants arrive in a country, the European economy. they are often non-deportable because their identity cannot be established. Moreover, when the source or transit countries from which they come from do Triandafyllidou, A. & Ambrosini, M. not cooperate, returning irregular migrants to their ‘Irregular Immigration Control in Italy countries of origin becomes virtually impossible. and Greece: Strong Fencing and Weak Gate-Keeping Serving the Labour Market’. The article concludes that the Governments of European Journal of Migration & Law, vol. both Italy and Greece lack coherent and effective immigration policies. The authors highlight the 13, No. 3, 2011, pp. 251–273. contradictory policies and practices of the Italian and Greek Governments, which involve dramatic Key words rhetoric about immigration policy but lax attitudes Afghanistan, Greece, Iraq, Italy, Turkey towards the informal employment of undocumented Factors that fuel irregular migration, irregular migrants, as demonstrated in the repeated migration, routes implementation of large regularization programmes by both Italy and Greece in recent years. Research method Unknown Through the critique of the immigration policies of Greece and Italy, the article provides a new Summary perspective on the effectiveness of immigration and This article discusses the migration management border control policies in those two countries. It also policies of Italy and Greece from a political perspective provides insights into the routes taken by irregular and a theoretical perspective and examines the migrants to enter Greece and Italy and statistics on common features of Italian and Greek immigration arrests, deportations and regularization programmes. policies and analyses immigration control and policy both internally (inside the border) and externally (outside the border). Triandafyllidou, A. & Maroukis, T. Migrant The research methodology is not explained but Smuggling: Irregular Migration from Asia and appears to have consisted of a review of recent Africa to Europe. Basingstoke, UK: Palgrave literature on irregular migration to Greece and Italy Macmillan, 2012. and analysis of immigration policies in the two countries. Key words Afghanistan, Bangladesh, Greece, Italy, Malta, The authors argue that although irregular migration Pakistan, Spain, Turkey through unlawful border crossing attracts the highest Concepts, factors that fuel irregular migration, fees media visibility and thus leads to the conclusion that and payment for smuggling, irregular migration, more effective border control policies are necessary modus operandi of smuggling, routes, smuggling for combating irregular migration, a more careful examination indicates that such policies are not Research method effective because the driving force of irregular Qualitative migration has to do more with the economy and

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Summary analyse recent research on migrant smuggling from This book examines a specific aspect of the irregular and through North Africa to Spain, Italy and Malta. migration phenomenon—the role of migrant The chapter discusses the routes travelled by smuggled smuggling networks in organizing irregular migrants, the fees paid for smuggling services, means migration from Asia and Africa to southern Europe, of transport and other modalities adopted by migrant and from southern European countries to the wider smuggling networks. The third chapter examines the European Union. It also discusses how migration dynamics of the wider south-eastern Mediterranean control policies in southern European countries may region, which, the authors contend, is currently at be inadvertently exacerbating the migrant smuggling the crossroads of both Asian and African irregular phenomenon and the migrant smuggling ‘business’. migration and migrant smuggling routes. The fourth chapter focuses on migrant smuggling from Africa The authors point out that the Smuggling of towards Greece. The chapter examines the routes Migrants Protocol adopts the term ‘smuggling of and modalities of migrant smuggling from East migrants’ rather than ‘human smuggling’; however, and West Africa via North Africa and/or Turkey to the authors decided to use the terms ‘migrant Greece as well as from North Africa to Greece via smuggling’ and ‘human smuggling’ synonymously Turkey or directly. The fifth chapter examines Asian throughout the book. The authors also explain immigration and asylum seeking flows via Turkey to that they have adopted the definitions provided by Greece. The chapter focuses mostly on the smuggling the CLANDESTINO research project of irregular networks that operate in Afghanistan, Pakistan and undocumented migrants. According to this and Bangladesh. The sixth chapter examines the definition, “Irregular or undocumented residents migrant smuggling networks that move migrants are defined as residents without any legal residence from Greece to Italy. The seventh chapter discusses status in the country they are residing in, and those trafficking in persons from Africa and Asia via Turkey whose presence in the territory—if detected— to Greece. The seventh chapter discusses the routes may be subject to termination through an order used by trafficking networks, their organization and to leave and/or an expulsion order because of their their modus operandi. The book concludes with a activities. Irregular entrants are persons who cross discussion regarding the political implications of an international border without the required valid its findings for the countries affected by migrant documents, either uninspected over land or sea or smuggling and human trafficking. [by crossing illegally guarded] ports of entry.” The book provides valuable new information about The research methodology involved extensive migrant smuggling routes, the modus operandi empirical research. The authors conducted of smuggling and fees and payment for smugglers’ approximately 150 qualitative interviews with services. The book also contributes to the body migrants, smugglers, state actors and civil society of knowledge on how destination countries’ stakeholders. Additional methodologies included immigration policies may inadvertently exacerbate participant observation, the collection of statistical the smuggling problem. data and other desk research on the issue of the smuggling of migrants from Africa and Asia to Greece, via North Africa and Turkey. The authors Trotter, A. & Garozzo, M. ‘Mandatory relied mostly on published studies, statistics and Sentencing for People Smuggling: Issues of qualitative data for their study of migrant smuggling Law and Policy’. Melbourne University Law from Africa to Spain and Italy. Review, vol. 36, No. 2, 2012, pp. 553–617.

The introductory chapter presents the theoretical and Key words empirical context within which the book is placed. Australia, China This initial chapter also addresses the geopolitical Modus operandi of smuggling, profiles of smuggled and policy context within which migrant smuggling migrants, smuggling develops. The second chapter provides an overview of migrant smuggling in the western and central part Research method of the Mediterranean. In this chapter, the authors Qualitative

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Summary Tryfon, K. ‘The Contribution of Europol This article reflects on issues of law and policy and Frontex in Combating the Phenomenon surrounding mandatory sentencing for people of Illegal Immigration in Hellas’. Review of smuggling in Australia. The authors review the European Studies, vol. 4, No. 1, 2012, pp. development of relevant laws and policies on people 188–202. smuggling in Australia and analyse the effects of these developments on accused smugglers and their Key words families. The article concludes that mandatory Afghanistan, Greece, Turkey sentencing for people smuggling is unjust and Irregular migration, modus operandi of smuggling, unnecessary. routes, smuggling

The research methodology is not explained in Research method detail, but the authors mention analysis of migrant Unknown smuggling laws and their application in Australia. Summary In examining the mandatory sentencing scheme, This article looks at the contribution of Europol the authors found that those convicted of people and Frontex to the prevention and management of smuggling in Australia now face a mandatory irregular migration to Greece to demonstrate that minimum of five years’ imprisonment with a three- the coordination of these agencies and other law year non-parole period, which is increased to eight enforcement bodies is imperative in the fight against years’ imprisonment with five years’ non-parole for such activity. aggravated or repeat offences. There is considerable debate over the desirability and the validity of The study methodology appears to have consisted of Australia’s mandatory sentencing scheme. The a review of the policies and activities of Europol and authors argue that the main effect of the mandatory Frontex in recent years and a review of the literature sentencing scheme has been to jail uneducated on the irregular migration problem in Greece and Indonesian fishermen who may have been pressured Turkey. into committing a crime. The article discusses the activities of Europol and The article concludes that the punishment that the Frontex regarding combating irregular migration Australian mandatory sentencing scheme imposes and describes the problems associated with is objectionable in that it greatly exceeds both the legislation, including the Dublin II Regulation, iniquity of the offence and the culpability of the which establishes the criteria and mechanisms for typical offender. There is little evidence that people determining the Member State that is responsible smuggling is a crime that requires such heavy- for examining applications for asylum submitted by handed measures in the name of deterrence and little a citizen of a third country. According to the author, evidence that the measures currently in place achieve the Dublin II Regulation has been problematic. the goals of achieving deterrence. Specifically, the procedure fails to address that the vast majority of the people who are crossing illegally The article provides insights into mandatory from the Hellenic border have, as a final destination, sentencing for migrant smuggling in Australia and Member States other than Greece. experts’ perspectives on the validity of the scheme. It also provides information about the individuals The article concludes that the close cooperation of who are sentenced under this scheme, the scheme’s the Hellenic Police, Hellenic Coast Guard and other impact on the accused smugglers, their families relevant agencies is essential for combating irregular and the community. The article poses important migration and calls for improved surveillance of questions about whether the scheme produces borders through the use of, for example, satellites, punishments that are unfair in that they exceed the unmanned aircraft and airships equipped with objective culpability of offenders. sensors.

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The article provides insights into the modus from West Africa to the European Union, the report operandi and flows of irregular migration to Turkey also discusses the irregular migration of Asians and Greece and onto the European Union and the travelling along these major smuggling routes. activities of Europol and Frontex in responding to irregular migration. However, because the article According to the report, transnational organized does not present empirical material, it does not make criminal groups are generally involved in the a direct contribution to the body of knowledge on smuggling of migrants from West Africa to irregular migration. Europe. But there are important differences among smuggling groups in terms of specialization and professionalism. Various groups of actors usually United Nations Office on Drugs and Crime. collaborate for one particular operation and there The Role of Organized Crime in the Smuggling are no exclusive relationships between those of Migrants from West Africa to the European criminal groups. Specialization and the building of Union. New York, 2011. transnational criminal networks usually come as a result of increased efficiency in border interdiction. Key words Within West Africa, freedom of movement gives Algeria, Canary Islands, China, Italy, Mali, Morocco, little incentive to engage in the smuggling of Niger, Nigeria, Senegal, Spain, Turkey migrants; however, this situation changes when there Fees and payment for smuggling, irregular migration, are natural obstacles, such as the sea, or man-made modus operandi of smuggling, routes, smuggling obstacles, such as surveillance systems. The report argues that these obstacles create a market that Research method becomes more and more lucrative when the activity Qualitative is illegal and the risks are high.

Summary Based on interviews conducted in Spain, the report This report examines the role of organized crime concludes that most of the South Asian migrants in the smuggling of migrants from West Africa to who travel along the South Asia–West Africa–North the European Union to improve the knowledge and Africa route are from Bangladesh, India and Pakistan. understanding of the underlying mechanisms and The migrants are generally young men, often from actors involved in migrant smuggling, which then families in which an older relative has previously should be the basis for policy reform in the West worked in Europe and who are urged by their families African countries that are source or transit countries to travel irregularly to earn income in Europe. More for migrant smuggling. rigorous policies in destination countries have had unintended consequences. They have made the The methodology for the study involved desk market for the migrant smuggling more lucrative, and field research, conducted in Mali, Morocco, thus attracting the attention of existing criminal Niger, Nigeria, Senegal and Spain. Interviews were groups as well as causing those already working in conducted with more than 200 people in Africa and the sector to develop more contacts with existing Europe, including migrants, national authorities, criminal networks. NGO staff and smugglers. The report concludes with recommendations to The report focuses on what are commonly known improve the migrant smuggling problem from Africa as the West African routes (from Senegal or other to the European Union, in particular: enhance the coastal countries to Spain, especially by sea to the oversight of law enforcement agencies, increase Canary Islands) and the Western Mediterranean awareness of the dangers of irregular migration and routes (overland across the Sahara to Morocco and provide alternatives to would-be migrants. Algeria and then to the Spanish territories of Ceuta and Melilla or by sea to mainland Spain; or overland The report makes a notable contribution to the body to the Libyan Arab Jamahiriya and then by sea to of knowledge on migrant smuggling through its Italy). Although the focus is on migrant smuggling detailed analysis of the modus operandi of migrant smuggling from Asia and Africa to the European

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Union and its analysis of the links between migrant study also involved analysis of official statistics, and smuggling and organized crime. The interviews interviews with law enforcement officials throughout conducted with smuggled migrants have provided the Asia–Pacific region. new information about the organization of migrant smuggling, the fees paid, the profiles of migrant The report is divided into four thematic areas— smugglers and the nexus between migrant smuggling people, drugs, environment and goods. Within from Asia and migrant smuggling from Africa. each thematic area, different forms of transnational The report also sheds new light on the particular organized crime that are occurring in East Asia vulnerability of Asians being smuggled along and the Pacific are profiled. The profiles include African–European Union routes. an examination of the nature and dimensions of transnational organized crime, how the crimes are conducted, who the criminals and an estimated United Nations Office on Drugs and Crime. value of the financial flows. Thirteen transnational Transnational Organized Crime in East organized crime flows are examined, each discussed Asia and the Pacific: A Threat Assessment. in a separate chapter (with the exception of the first Bangkok, 2013. two flows—smuggling of migrants from Cambodia, Lao PDR and Myanmar to Thailand and trafficking Key words in persons for labour from Cambodia, Lao PDR Afghanistan, Australia, Cambodia, Canada, China, and Myanmar to Thailand because the source and France, Germany, India, Indonesia, Iran, Iraq, Italy, destination countries are the same). Lao PDR, Malaysia, Mexico, Myanmar, Pakistan, Spain, Sri Lanka, Thailand, United Kingdom, The report notes that although the crimes of human United States of America, Viet Nam trafficking and the smuggling of migrants are Factors that fuel irregular migration, fees and distinct, in the Mekong subregion they are closely payment for smuggling, human and social costs of interlinked. Away from their home communities smuggling, irregular migration, modus operandi and in their destination countries illegally, smuggled of smuggling, organization of smuggling, profiles migrants have little basis to assert their rights as of smuggled migrants, profiles of smugglers, workers. Thus, what begins as a voluntary journey quantitative assessment, routes, smuggler–migrant towards a better life can easily become an exploitive relationship, smuggling destination. The report also explains that although formal migration channels exist, many migrant Research method workers prefer to enter Thailand irregularly because Mixed complying with the legal channels can be expensive and time-consuming. As a result, many migrants Summary turn to smugglers to facilitate their entry into This report examine various types of transnational Thailand and to help them to find work. organized crime in the East Asia and Pacific region and describes what is known about the mechanics of According to the report, many migrant smugglers contraband trafficking, the what, who, how and how were once irregular migrants, and most rely on much of illicit flows. It discusses the potential impact word-of-mouth to promote their services. For a of these crimes on regional and local governance and fee, migrant smugglers help migrants to cross both development. official and unofficial borders, on foot, by vehicle or boat. Although the majority of irregular migrants The report drew on qualitative information in the receive what they paid for, which is employment form of published studies, reports and journal articles and better wages than they could have received at as well as quantitative data that was acquired through home, sometimes their vulnerability is exploited and the compilation and analysis of questionnaires. they are forced to work without pay, under terrible Questionnaires were sent to a number of States to conditions. In these instances, migrant smuggling collect qualitative and quantitative information on becomes human trafficking. The report argues that various transnational organized crime flows. The although persons in all areas of employment are vulnerable to exploitation, the fishing and seafood

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processing industries have attracted considerable United Nations Office on Drugs and Crime. attention in recent years. Border Control in the Greater Mekong Sub- region: Baseline, Challenges and Opportunities In the discussion on the smuggling of migrants to Build Effective Law Enforcement Response from South and West Asia through South-East to Organized Crime Along Land Borders. Asia to Australia and Canada, the report notes Bangkok, 2013. that both Australia and Canada host large diaspora communities and this, along with their strong Key words welfare systems, make them attractive destination Cambodia, Lao PDR, Myanmar, Thailand, Viet countries for asylum seekers. Most smuggled Nam migrants travelling to Australia and Canada are Smuggling young, single males, many of whom have been sent by their families to find employment before other Research method family members follow. Most smuggled migrants Mixed travel by air from their home countries to transit countries, such as Indonesia and Malaysia. Once the Summary smuggled migrants reach their departure location in This report examines border control in the Mekong South-East Asia many of the migrants wait weeks subregion and the various challenges associated with or months to board boats for Australia, which are building effective law enforcement responses to unsafe and overloaded. organized crime along the borders of the region. The report concludes with policy recommendations The research methodology involved data collection for combating each area of transnational organized over a period of two decades. Two decades ago, the crime. On migrant smuggling, the report countries of the Mekong subregion, in cooperation recommends the development of affordable, with the United Nations Office on Drugs and accessible, safe and legal migration channels; Crime, took a first step to increase cross‐border complementing improved border controls with information sharing through the establishment better investigation and prosecution of migrant of the Border Liaison Office Mechanism. This smuggling networks; generating political will to effort was later expanded upon by the Partnership combat migrant smuggling; strengthening national Against Transnational Crime through Regional laws and policies for the protection of the rights Organized Law Enforcement (PATROL) project, of smuggled migrants; and improving knowledge which aims to strengthen Border Liaison Offices of migrant smuggling through, for example, the and the capacity of their staff by providing training voluntary reporting system. and equipment. To track the progress of the project, the PATROL team conducted five baseline surveys The report contributes to the body of knowledge and among border officials in each of the five countries understanding of migrant smuggling. Although only of the subregion. The central goal of the study was several chapters are dedicated to migrant smuggling, to establish the state of training and infrastructure the qualitative and quantitative data collected for at different border sections and measure officers’ the report provide new information about the flows perception of the intensity and direction of criminal and modus operandi of migrant smuggling within flows. All five baseline surveys conducted consisted South-East Asia, from East and South-East Asia to of two parts: a structured survey, filled out by a the United States and the European Union, and number of enforcement and border officials during from South and West Asia through South-East Asia a workshop conducted by PATROL, followed by a to Canada and Australia. The report sheds new light more qualitative question and answer session with on the profiles of smuggled migrants and migrant selected border officers, predominantly heads of smugglers and new information on the nature of Border Liaison Offices. Surveys were translated into the market and the fees and payments for migrant respective official national languages and consisted smuggler services. exclusively of closed questions using either multiple‐ choice or a five-point Likert scale. A total of 369

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officials from border posts as well as district and Van Hear, N., Bakewell, O. & Long, K. national authorities participated in the five surveys Drivers of Migration. Migrating Out of conducted over the past four years. These participants Poverty Research Programme Consortium represent a total of 44 Border Liaison Offices spread Working Paper, vol. 1. Fallmer, Brighton, over the borders of the five participating countries. UK: University of Sussex, 2012. This report represents the secondary study of the data sets and aims at combining the results of Key words the national surveys into an overview of regional Afghanistan, Bangladesh, Iran, Malaysia, Pakistan, transnational criminal flows and border agencies’ Singapore abilities to counter them. Concepts, factors that fuel irregular migration, irregular migration, routes The report contains several short chapters on the border issues of migrant smuggling and human Research method trafficking, illicit drugs, wildlife and timber Qualitative trafficking and trafficking of hazardous waste and ozone-depleting substances. In the section on Summary human trafficking and migrant smuggling, the This paper cites the drivers of migration and explores report finds that throughout the Mekong subregion the ways in which they may be configured. It also the smuggling of migrants and trafficking in human highlights different ways to assess the significance beings is widely perceived to be one of the most or weight or the various drivers and to investigate serious threats. The data on migrant smuggling their relationship with development and poverty mostly reproduced the patterns seen in connection reduction. The paper discusses the existing research with human trafficking. The main difference was and highlights research gaps that should be pursued. that the country of destination rated migrant smuggling as the most serious issue, while countries The paper explores the concept of migration drivers of origin were generally less concerned with migrant and contends that they are the factors that “get smuggling. migration going and keep it going once begun”. It also explores concepts related to the relationship of The research revealed that the migrant smuggling the determinants of migration, which, the authors ‘business’ is highly professionalized. At least three argue, are often deeply embedded in the economic, quarters of border officials from all countries, except social, political, cultural and environmental context Lao PDR, reported that the majority of irregular and more immediate factors. The paper suggests migrants cross borders with the assistance of a that it is useful to distinguish among predisposing, professional smuggler. These smugglers tend to lead proximate, precipitating and mediating factors. irregular migrants through the areas between official border posts, either through hidden paths or by boat. According to the authors, predisposing factors contribute to the creation of a context in which The report also examines border control migration is more likely. Examples include structural representatives’ existing knowledge and training disparities between places of migrant origin and needs regarding to migrant smuggling and human destination shaped by the macro-political economy. trafficking. Although human trafficking and Proximate factors are described as having a more migrant smuggling are among the more frequent direct bearing on migration and derive from the illegal activities in the Mekong subregion, the level determining of the predisposing or structural of knowledge of the issues among border control features. Examples include a downturn in the officers remains questionable. economic or business cycle, a turn for the worse in the security or human rights environments or marked Through the interviews conducted with border environmental degeneration, including the effects control officers, the report provides new insights into of climate change. Precipitating factors are defined the opportunities and constraints of effective border as those that actually trigger a person’s departure enforcement responses to organized crime along the and may include financial collapse, an increase in borders of the Mekong subregion. unemployment or the disintegration of welfare

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services. The authors also contend that natural or In the discussion of migration to the Middle East, environmental disasters can be precipitating factors. the authors reason that the high cost of migration They note that combinations of these predisposing, in general and limited options to finance short-term proximate, precipitating and mediating drivers shape movement abroad can act as constraints for poor the conditions or circumstances in which people make people who seek to migrate to the Gulf States but choices about whether to stay at home or migrate. are unable to cover the migration costs. The paper The paper applies this framework to two migration contends that a pervasive practice of visa trading cases: i) within South-East Asia (the migration of in destination countries and the inability of many Indonesian domestic workers in Singapore and would-be migrants to directly procure recruitment Malaysia) and ii) between South Asia and the Middle agency services means that Bangladeshis often accept East (migration from Bangladesh to the Gulf). The high levels of risk and will move irregularly to secure paper then discusses other dimensions of drivers even short-term overseas employment in the Gulf which, the authors argue, also need consideration: States. locality, scale, timeframe and depth. The paper concludes that migration drivers do not The research methodology is not explicitly discussed. work in isolation of each other to initiate migration Migrating Out of Poverty is a research programme or to influence it once it is under way but, rather, consortium funded by the UK Department for work in combination to shape the specific form International Development, which focuses on the and structure of population movements. In any one relationship between migration and poverty and migration flow, several different ‘driver complexes’ is located in six regions across Asia and Africa. It may interconnect in shaping the eventual direction appears that the authors conducted a literature and nature of an individual’s or a group’s movement. review to understand the migration policy process in Additionally, proximate and mediating drivers rather the regions studied for the research. than the structural and precipitating spheres appear to have greater potential for policy intervention to Although the paper focuses mostly on legal reduce poverty and optimize development. migration in its two case studies, it also discusses irregular migration and migrant smuggling. In The strength of the paper is the unique framework the first case study, the paper argues that the role used to analyse the various drivers of migration. of both sending and receiving States in regulating The application of the framework to two migration cross-border flows of migrant domestic workers case studies enabled insights into the drivers and between Indonesia, Singapore and Malaysia has been motivations for regular and irregular migration in crucial to the emergence of an extensive domestic South-East Asia and the Middle East. worker recruitment industry within the region. Consequently, labour recruitment for the domestic worker sector is almost entirely commercialized and Van Liempt, I. ‘Different Geographies and managed by official recruitment agencies, along with Experiences of “Assisted” Types of Migration: a range of other intermediaries, including private A Gendered Critique on the Distinction entrepreneurs (both licensed and unlicensed), labour Between Trafficking and Smuggling’. Gender, contractors and village brokers who perform tasks Place and Culture, vol. 18, No. 2, 2011, pp. and services related to documentation procedures, 179–193. transportation, training and accommodation. The authors contend that these networks have assisted Key words in reducing the costs and risks of migration for Iran, Iraq, Netherlands prospective workers through their various forms Concepts, factors that fuel irregular migration, of assistance; however, the multiple layers and fees human and social costs of smuggling, irregular involved also make it easy for unauthorized migration migration, modus operandi of smuggling, routes, to occur. The authors explain that human trafficking smuggling and migrant smuggling have remained problems in the region, particularly for Malaysia.

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Research method to leave a country without authorization may risk Qualitative fines or even prison sentences; thus, when discussing irregular migration, it should not be ignored that Summary people often need smugglers not only to enter but This article analyses the different experiences of also to leave a country. ‘assisted’ types of migration and provides a gendered critique on the distinction between migrant The article contributes to the body of knowledge smuggling and human trafficking. Three stories are on migrant smuggling through its analysis of three presented of female migrants who were assisted in individual stories of ‘assisted’ migration. The strength the migration process, from the Horn of Africa, Iraq of the piece lies in the detail in each of the three and the former Soviet Union to the Netherlands. stories and their contribution to the understanding of the personal motivations of migrants, the challenges The research methodology involved an analysis of associated with both legal and irregular migration, travel stories of female migrants who were assisted the routes and organization of assisted migration in their migration process. These stories were part from various regions to the Netherlands, and the of a larger research project for which 56 life stories unique migration challenges that female migrants were collected of migrants (41 men and 15 women) experience. from the Horn of Africa, Iraq and the former Soviet Union who had travelled to the Netherlands. At the time of data collection, 49 of the 56 respondents had Van Liempt, I. & Sersli, S. ‘State Responses asked for asylum, 17 were rejected, seven were still and Migrant Experiences with Human in procedure, and 25 were granted a status (either Smuggling: A Reality Check’. Antipode, vol. temporary or permanently). Data was collected in 45, No. 4, 2013, pp. 1029–1046. 2003 and 2004. Interviewers avoided such words as smuggling and trafficking to move away from Key words what the author calls “the criminal discourse” that Afghanistan, Australia, Canada, Colombia, surrounds this topic. Instead, the interviewer asked Netherlands, United States of America about the assistance or help migrants had needed to Factors that fuel irregular migration, fees and overcome restrictions on mobility. payment for smuggling, human and social costs of smuggling, modus operandi of smuggling, routes, The three stories featured shed light on the gender- smuggling specific obstacles and advantages that can be found in assisted border crossing. The stories highlight that Research method female migrants’ experiences with assisted border Qualitative crossings are of enormous complexity and challenge the easy distinctions often made between ‘innocent Summary victims’ and ‘deliberate criminals’ and between the This article presents the argument that there needs ordinary risks involved in illegal border crossing to be a ‘reality check’ regarding States’ responses to and severe abuse and exploitation. The article argues migrant smuggling. It examines the shift in public that the generalization that women are more often discourse on migrant smuggling to Western Europe trafficked than men has led to the assumption and Canada in the past two decades and argues that all migrant women are at risk. This has led to that public discourse has leaned increasingly, and protective policy measures that often restrict women dangerously, towards the need to criminalize migrant in the migration choices they can make. smuggling.

Through the analysis of interview data, the author The article is based on a doctoral research project found that migrant smuggling is often perceived not conducted in the Netherlands and a master’s thesis as illegal by migrants but as licit and socially accepted. project conducted in Canada. The projects both Smugglers were described as professionals who offer investigated migrant smuggling; the data collection alternatives to legal migration. The article points out involved interviews with smuggled migrants. The that, as in the case of Layla, migrants attempting authors explain that the reason for comparing the

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two sets of data is the limited empirical information The strength of the article is the information derived on how immigrants experience and perceive migrant from the interviews conducted with smuggled smuggling. In the Netherlands, 56 smuggled migrants migrants, which lays bare the contradiction between were interviewed, and seven smuggled migrants the popular discourse and asylum seekers’ actual were interviewed in Canada. A primary difference real-life experiences. in the data is that origins of people interviewed. In the Netherlands study, the majority of interview respondents were asylum seekers from the Horn of Verité. Labor Brokerage and Trafficking of Africa, Iraq and the former Soviet Union. In the Nepali Migrant Workers. Kathmandu, 2012. Canadian project, five of the seven interviewees were from Colombia (via the United States) and the Key words others from Afghanistan and Africa. The authors Guatemala, India, Israel, Malaysia, Mexico, Nepal, found commonalities in the smuggled migrants’ United Arab Emirates, United States of America narratives and experiences; both studies found a Factors that fuel irregular migration, fees and diverse range of actors involved in the smuggling payment for smuggling, human and social costs of industry and revealed a nuanced discourse around smuggling, irregular migration, modus operandi of migrant smuggling that includes humanitarian types smuggling, routes, smuggling of migrant smuggling. Research method The article deconstructs current discourse on migrant Qualitative smuggling through three critical elements: i) boat arrivals, ii) high fees and bogus asylum seekers and iii) Summary the involvement of organized crime. This discourse, This report examines the relationship between combined with migrant smuggling cases in Western labour brokerage and the risk of forced labour Europe and Canada, has influenced changes in policy among Nepali migrant workers employed abroad. It and law and led to the increasing criminalization of examines all aspects of the labour brokerage system, migrant smuggling. The criminalization of migrant traces the process in which Nepali migrants may smuggling has serious side effects for migrants. It become undocumented and thus irregular migrants has resulted in greater caution from Western States even before departing for destination countries, regarding the identity of migrants; there is greater examines the fees and payments for labour brokerage emphasis than ever on legal identity and the quality services and provides case studies for further of identity documents considered acceptable. This analysis. The report also looks at the forced labour has led to increasing levels of suspicion and to greater “triggers” in Nepal and India and the receiving- numbers of migrants being detained and for longer country mechanisms that encourage forced labour in periods of time. Increasing emphasis by authorities destination countries of Nepali migrants, including on finding out who the smugglers are rather than Israel, Malaysia and the United Arab Emirates. The determining whether migrants need protection turns role of Guatemala and Mexico as transit countries smuggled migrants into a group of people who are for Nepali workers traveling illegally to the United alleged to be implicitly dangerous rather than a States is also explored. group of people who may need protection. To collect data, Verité conducted a 12-month The authors believe there is a need for a reality check research project on the ways in which labour brokers and a more nuanced understanding of migrant contribute to the exploitation of Nepali migrant smuggling. They argue that the narrow, State-centred workers, both in Nepal and in destination countries. focus on migrant smuggling does not provide In-depth desk and field research was carried out any credible insight into the root causes of why for the study in Guatemala, India, Israel, Malaysia, migrants may need migrant smugglers and overlooks Mexico, Nepal, the United Arab Emirates and the possible side effects of the securitization of the United States to uncover the types of labour migration on the protection of refugee claimants. brokerage networks that exploit both documented The article concludes that only by examining the real and undocumented Nepali migrant workers; the life experiences of smuggled migrants can scholars points in the employment lifecycle in which triggers fill the gap on the existing knowledge on migrant smuggling.

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for human trafficking and forced labour occur; the for a ministry or department for combating human factors that increase migrant workers’ vulnerability trafficking; addressing the lack of rights for domestic to the triggers for trafficking and forced labour; workers abroad; regulation of village agents; and viable policy options to reduce Nepali migrant enforcement of the Foreign Employment Act of 2007; workers’ vulnerability to exploitation. The researchers ratification of the UN Convention on Transnational reviewed relevant literature on documented Organized Crime; maintaining data on returnees, and undocumented migration and conducted a deportations and the nature of violation of human contextual analysis of relevant audit findings, social rights and labour rights; establishing a task force on institution mapping and extensive interviews with government corruption regarding migrant workers; workers, NGO staff, government officials, labour and enhancing the capacity of law enforcement advocates and union officials in several countries that agencies and border authorities. receive Nepali migrant workers. Through the qualitative analysis and case studies, The research uncovered both formal and informal the report highlights the legal gaps and employment labour broker networks that exploit Nepali workers. experiences of Nepali workers. The research Formal networks centre on registered agencies, provides insights into the recruitment processes mostly based in Kathmandu, and on individuals in of undocumented Nepali workers and the various Nepal acting as official agents. These agents work elements that contribute to their vulnerability and to with registered and unregistered agents in receiving their exploitation in both Nepal and in destination countries that employ workers throughout their stay countries. in the receiving country. Informally, individuals act as subagents for labour-brokerage agencies and go from village to village to recruit workers. The Vukašinović, J. ‘Illegal Migration in Turkey– research found that most of the documented abuses EU Relations: An Issue of Political Bargaining of Nepali workers are related to recruitment agents in or Political Cooperation?’ European the villages or recruitment agencies in Kathmandu. Perspectives, vol. 3, No. 2, 2011, pp. 147–167. Nepali workers are commonly deceived by brokers about working conditions in receiving countries and Key words many suggested that they accept the deception and Turkey exploitation due to fear of reprisal or of losing their Irregular migration, routes jobs, which would render them unable to repay the debt incurred to migrate. Research method Unknown In the case of Nepali workers in Guatemala, Israel, Malaysia and the United Arab Emirates, all Summary the elements of forced labour and trafficking for This article discusses Turkey–European Union forced labour are present: deceit, vitiated consent, relations on the irregular migration issue. The article movement and transfer, exploitation, restricted explores how, since the beginning of the Turkey– movement and coercion. The researchers highlight a European Union accession process, migration has number of vulnerabilities to forced labour: the ladder been perceived as one of the most challenging aspects of intermediaries, a lack of workers’ awareness of of the negotiation process. Turkey, as a candidate the migration cycle, problematic policies regarding State, has been faced with increasing political pressure migrant workers, onerous recruitment fees leading to deal with the problem of irregular migration under to a cycle of debt, a lack of understanding of the EU rules. The article discusses how EU requirements link between forced labour and human trafficking, are often in conflict with Turkey’s policy of ‘deliberate corruption and the requirement of too much indifference’ to irregular migration. documentation for migrant workers. The research methodology is not explicitly discussed The report concludes with a number of but appears to have consisted of a review of recent recommendations for States to address gaps and literature on irregular migration to Turkey and loopholes in Nepali legislation, including the need analysis of recent events in Turkey–European Union cooperation on irregular migration.

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The article argues that Turkey has traditionally The study employed mixed approaches, including a followed a highly liberal migration policy, or a literature review, a household survey and in-depth policy of ‘deliberate indifference’, towards irregular interviews. The literature review was conducted to migrants that is in contrast with the European ‘quest analyse literature on the subjects of labour migration, for control’. According to the author, particularly factors influencing migration decisions, remittances in the lead up to the accession negotiations, Turkey and socio-economic impacts. The household survey came under increasing pressure to reform its provided the main data set for the quantitative legislative system and control irregular migration analysis of the socio-economic status of migrant flows. In the context of the European Union pre- households and their migration decisions. The survey accession process, Turkey implemented some solid was conducted in late 2007 with 526 households measures toward harmonizing its migration policy from six villages with a high incidence of migration. with EU law. The article concludes that Turkey’s Face-to-face interviews with heads of households aspiration to become a member of the European were conducted to capture information on Union has been one of the most important factors demography, socio-economic characteristics, assets, behind the changes that have been made to Turkey’s income, expenditure, costs and benefits of migration migration policy. and remittances. To complement the household survey, focus group discussions were also conducted The article provides insights into the political in six villages with returned migrants and with heads cooperation that has occurred regarding irregular of household with members working abroad. The migration during Turkey’s accession process to study also involved in-depth interviews with officials the European Union. Because the article does not from subnational administration (village, commune present empirical material and its discussion focuses and district levels), senior officials from the Ministry only on policy on irregular migration in Turkey, it and Provincial Department of Labor and Vocational does not make a direct contribution to the body of Training and technical experts from international knowledge on irregular migration. organizations, such as the International Labour Organization and the International Organization for Migration, to obtain their assessment of Cambodia’s Vutha, H., Pide, L. & Dalis, P. Irregular policy and regulatory framework, labour migration Migration from Cambodia: Characteristics, management and policy options to address irregular Challenges and Regulatory Approach. migration. The focus group discussions and in-depth Working Paper Series, vol. 58. Phnom Penh: interviews were conducted during late 2010 and Cambodia Development Resource Institute, early 2011. 2011. The research revealed a number of drivers of irregular migration from Cambodia, including chronic Key words poverty, lack of employment and economic hardship Cambodia, Lao PDR, Thailand in communities of origin, restrictive immigration Factors that fuel irregular migration, irregular policies in labour-receiving countries and lengthy, migration, quantitative assessment, routes, complex and expensive legal recruitment processes. smuggling However, the main factor remains the inability of would-be migrants to afford the cost of legal Research method recruitment. Legal recruitment is expensive and Mixed slow, whereas informal recruitment takes only a few days to organize and requires no or few documents. Summary This study describes the characteristics, root causes According to the report, Cambodia is a latecomer and challenges of irregular migration from Cambodia in the management and administration of labour and outlines the regulatory approaches and policy emigration, and its policy and institutional options to manage irregular migration within the frameworks are relatively weak and ineffective. There country. is a lack of coordination, a lack of clear responsibilities and a dearth of capacity and resources in the

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institutions that are responsible for coordinating The research methodology involved drawing on labour migration. the author’s and colleagues’ experiences with legal cases in recent decades. The author returned to this The report concludes by highlighting a number experience to examine how the law in the United of recommendations for improving Cambodia’s Kingdom has been deployed, developed and used irregular migration situation: strengthening the against migrants and asylum seekers. development of communities of origin, increasing legal migration opportunities, regulating recruitment The chapters are organized to follow the migrants’ agencies, increasing education and awareness-raising trajectory, from arrival to departure. The early about the risks of irregular migration, improving chapters examine policies of deterrence and support services for migrants and strengthening prevention, particularly of the ‘disorderly movements’ regional and international cooperation on migration. of undocumented migrants and refugees. In these chapters the book explores how visa controls and Through the use of surveys, interviews and the criminalization of unauthorized arrivals have made analysis of both qualitative and quantitative data, “concentric fortifications” around Europe. The the report provides new information on the extent book then proceeds to examine the difficulties that of irregular migration from Cambodia, the push- particular groups of asylum seekers experience, and-pull factors for irregular migration and fees and including women, children, homosexuals, those payments for irregular migration. fleeing civil war and ‘victims of globalization’. The final chapters address the issue of the growth industry of immigration detention and deportations Webber, F. Borderline Justice: The Fight for of irregular migrants. Refugee and Migrant Rights. London: Pluto Press, 2012. The author writes that the UK authorities have increasingly sought to deal with the new situation Key words of increased irregular migration flows through the Afghanistan, China, India, Sri Lanka, Turkey, United securitization of its borders and the introduction of Kingdom harsh reception procedures, which are intended to Factors that fuel irregular migration, human and send a message to people considering travelling in an social costs of smuggling, irregular migration, routes, irregular manner to the United Kingdom. The author smuggling argues that the basic message that the Government has tried to send is that irregular migrants are not Research method welcome in the country and that those who have Qualitative already arrived have been increasingly penalized and their access to resources and assistance has been Summary made difficult. This book covers the exclusionary policies and obstacles to justice for refugees and migrants in In tracing the history of the legal battles that have the legal system in the United Kingdom, providing been fought over the civil liberties and human rights insights into how the law has been applied to migrants, of irregular migrants, the book provides insights into refugees and other ‘unpopular minorities’. Although the struggles encountered by the irregular migrants the book focuses on the situation of irregular who chose to seek refuge in the United Kingdom. migrants in the United Kingdom, it discusses legal The book profiles irregular migrants and describes cases of migrants illegally in the country who came the factors that impel them to leave home to seek from all regions of the world, including Asia. refuge and the human and social costs of irregular migration, including financial deprivation and The book defines ‘borderline justice’ as marginal family separation. justice, or justice that constantly disappears and has to be fought for.

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Weber, L. & Pickering, S. Globalization and of this is the pushing of departure points from Borders: Death at the Frontier. Basingstoke, Indonesia further north, which consequently means UK: Palgrave Macmillan, 2011. that migrants must travel longer and make more dangerous journeys. Key words Australia, United States of America The book also explores the difficulties and Irregular migration, smuggling implications of counting and accounting for border- related deaths. The authors attempt what they Research method suggest is the first systematic accounting of Australian Mixed border-related deaths; and the book’s appendix contains a list of 673 such deaths at the Australian Summary border between December 2000 and March 2011. This book presents the argument that migrants die at borders because of the ways in which the borders are The book provides insights into the causes of migrant controlled, noting differences between borders in the deaths at the borders of Australia, the United global North and the global South. States and the European Union. Its strength is its discussion of the human and social costs of migrant The book adopts the term “illegalized traveller” in smuggling, the negative impact of border policies place of more commonly used terms, such as irregular and the provision of new migrant smuggling-related migrants or asylum seekers to draw attention to the statistics, for example, on the number of border book’s purpose, which is to examine the impact of deaths in Australia in recent years. the illegalization of unauthorized human movement.

The book is based on extensive surveys of existing Wickramasekara, P. Labour Migration in academic and NGO research and activism in South Asia: A Review of Issues, Policies and Europe and the United States. This information Practices. Geneva: International Labour was supplemented with research conducted by the Office, 2011. authors into Australian border-related deaths. Using data from official sources, media reports and lists of Key words deaths collected and collated by NGOs in the target Bangladesh, India, Nepal, Pakistan, Sri Lanka regions of Europe, Australia and North America, the Irregular migration authors drew parallels between the border control policies adopted in the global North, and the Research method rising death toll of ‘illegalized’ border crossers who Qualitative generally come from the global South. Summary The order of the book is organized by the language of This paper discusses labour migration in South Asia a coronial investigation and structured in three parts: and examines migration policy frameworks and i) border autopsy, ii) border inquest and iii) from practices and their implications for the governance finding truth to preventing border harm. The book of migration. examines a conception of borders as increasingly “deterritorialized” and functional and extending The research methodology consisted of a review of beyond the territorial boundaries of nations. The migration policy frameworks in South Asia and their authors argue that border policing activities make implications for the governance of migration, the migrants’ journeys more dangerous and that, due protection of migrant workers and the maximization to increased border controls, smaller, lower risk and of the development benefits of migration. more humanitarian motivated smuggling options are increasingly closed off in favour of networks The author thinks that credible migration policies are more likely to be associated with organized crime, still a long way off in South Asia. Most policies are labour bondage and violence. In turning to Australia adopted on an ad hoc basis, with no-long term vision as an example, the authors discuss how an effect

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or strategy. The author argues that it is important to and focus groups were conducted at public venues, move away from the narrow goal of safe migration such as schools and mosques. Data from both focus and to the development of policies that address groups and interviews was analysed and synthesized the broader objectives of governance, protection to capture the overall picture of communication and development. The paper suggests that credible patterns among the Hazara population in the four migration policy frameworks in the region should provinces. be based on several principles and criteria, including policy coherence and coordination, consistency with The researchers found that in all provinces, a vast international norms and good practice, transparency, majority of the Hazara population was aware of the social dialogue, gender sensitivity and good various risks associated with irregular migration to information. Australia and the risks associated with employing the services of migrant smugglers. Although some The paper provides insights into the development Hazaras had heard of irregular migrant repatriations of migration policy in South Asia; however, because from Australia, the majority were not aware of the it has not presented empirical material and the possibility of asylum rejection or repatriation. Some discussion on irregular migration is limited, it interviewed Hazaras held strong perceptions that does not make a direct contribution to the body of the Australian Government would accept them as knowledge on irregular migration. refugees once they reached the country.

The researchers also found that there is a slight variation Wise Strategic Communications. Afghanistan in Hazaras’ attitudes regarding irregular migration Counter-People Smuggling Scoping Study. to Australia. The Bamyan research participants Kabul, 2010. tended to oppose the idea of irregular migration while those from Daykundi viewed it positively. Key words Research participants in Ghazni overwhelmingly Afghanistan, Australia perceived migration to Australia as an important Factors that fuel irregular migration, irregular survival strategy, while Kabul participants displayed migration, routes, smuggling strong nationalistic tendencies and generally rejected irregular migration to Australia. Research method Qualitative The interviews also revealed insights into how Hazaras learn about the risks of irregular migration. Summary Across all four provinces, the majority of Hazaras This report examines the level of situational learned of the risks of irregular migration and awareness regarding irregular migration to Australia migrant smuggling by word of mouth. Returning among the Hazara population of Afghanistan. The migrants, victims of migrant smuggling and friends study it reflects centred on the situational awareness and family members of migrants residing in Australia created by both formal and informal communication were also considered credible informants for Hazaras channels that informed Hazaras of the risks associated to learn more about irregular migration to Australia. with irregular migration to Australia using migrant Respondents expressed a level of trust in privately smuggler networks. operated media sources and tended to reject the information provided by government-owned The study involved research across four provinces media outlets or those associated with political in Afghanistan. The research team conducted 10 organizations. Radio was found to be the most widely focus group discussions and 50 interviews in Kabul, used source of communication and was found to be Daykundi, Bamyan and Ghazni provinces. The accessed by Hazaras primarily in the mornings and in participants of the focus groups and the interviews the afternoons, before and after work. Respondents were selected from various social strata among the made little mention of the print media and the Hazara male population, aged 15–50. Interviews Internet, and the researchers concluded that this is probably because of the high illiteracy rate and a lack of infrastructure in Afghanistan.

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The report concludes with a number of which is close to several Greek islands. The article recommendations, such as ensuring that any explains that in Izmir, migrants tend to gather in one communication approach should be designed to inner-city neighbourhood. It is in this location that reinforce existing awareness of the risks of irregular a network of smugglers and other facilitators and migration and semi-permanent message structures, agents of migration has emerged to assist migrants such as roadside billboards, should be used to enhance in making the clandestine journey onwards. The area message retention. The report also recommends could be characterized as a transit migration hub for using community outreach programmes to promote migrants attempting to cross clandestinely to the the risks of irregular migration to Australia. Greek islands. Between November 2008 and April 2009, one of the authors completed fieldwork in Through the use of focus groups and interviews Izmir and conducted informal and semi-structured with Hazaras across four provinces in Afghanistan, interviews and performed participant observation. the report provides insights into the motivations Comprehensive migration narratives of 26 migrants of Hazara migrants and their level of situational were collected, most of whom were interviewed at awareness regarding the risks of irregular migration various times and in different settings. Dynamics in to Australia. migration strategies were collected retrospectively and witnessed during and after the fieldwork. Interviews were also conducted with migrant Wissink, M., Düvell, F. & van Eerdewijk, smugglers, hotel managers, local Turkish residents, A. ‘Dynamic Migration Intentions and the NGO staff in Turkey and on the Greek islands and Impact of Socio-Institutional Environments: staff from international organizations, such as the A Transit Migration Hub in Turkey’. Journal International Organization for Migration and the of Ethnic and Migration Studies, vol. 39, No. United Nations High Commissioner for Refugees, and state agencies. 7, 2013, pp. 1087–1105. The migrants who were interviewed came to the Key words transit migration hub of Izmir with different Afghanistan, Greece, Iran, Turkey intentions. Some had already made arrangements Concepts, factors that fuel irregular migration, with smugglers before they arrived and only spent a irregular migration, routes, smuggling few hours or days in the transit migration hub before embarking on a boat to the Greek islands. Other Research method migrants arrived with the intention of arranging Qualitative a border-crossing and only started looking for opportunities once they had arrived in the transit Summary migration hub. Although the intention of going to This article critically examines the concept of transit Europe originated in many cases in the countries of migration and its application to the case of Turkey. origin, for others, notably the asylum seekers, this intention was only formed when they were in Turkey. The article defines transit migration as “migrants having the intention to move onwards to a The article discusses the stories and motivations third country” and critically discusses the of migrants who did not intend to go to Europe. concept of intentionality as a valid dimension in The authors argue that some migrants came to the conceptualizations of transit migration. It argues transit hub without having the intention to move that migrants’ intentions in transit migration hubs on to Europe. The reasons for wanting to stay in are highly fluctuating because of how embedded Turkey included being able to reside with family, they are in socio-institutional environments, which employment and asylum applications. Other continuously affect migrants’ social capital, risk smuggled migrants explained that they in fact arrived perceptions and coping strategies. in Turkey unintentionally, while some believed that they were on their way from Libya to Italy but were For the study, the authors conducted research in left by their smugglers in Turkey; and some of them Izmir, a city located on the Turkish Aegean coast, immediately claimed asylum in Turkey. Additionally,

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although some migrants who intended to move The methodology for the study is not explained, but on to Greece indeed did so, the observations also it is clear that the authors analysed the Australian– revealed various patterns of intention that did not Malaysia Arrangement and, in particular, the remain constant during the course of the migrants’ international legal dimensions of the judgement stay in Turkey. One such pattern was that those who relating to the protection of asylum seekers and intended to move onwards to Greece instead applied refugees. for asylum in Turkey. The article provides a background to Australia’s The article concludes that the intention to migrate pursuit of offshore processing measures to deter onwards is an unsatisfactory criterion through which asylum seekers from arriving by boat to Australia to define transit migration. The authors argue that and to seek asylum in Australia. It discusses the migrants’ intentions are exposed to conditions and 2001 Pacific Solution and its effects, which included experiences encountered en route and that their rendering certain Australian islands outside Australia final action is more the result of complex processes for the purposes of lodging visa applications, during which intentions are reformulated against the thus preventing asylum seekers from applying background of opportunities and experiences. for protection visas. The article then proceeds to examine the Australia–Malaysia Arrangement and Through the interviews conducted with irregular explains that under the terms of the 2011 Australia– migrants, the article provides unique insights into the Malaysia Arrangement, it was planned that 800 experiences of irregular migrants travelling through asylum seekers ‘unlawfully’ in Australia were to be or to Turkey and Greece. The article contributes transferred to Malaysia without a determination to the body of knowledge on the motivations of of their protection claims, in return for Australia irregular migrants and the factors that influence resettling 4,000 asylum seekers who were, at the decision-making processes regarding their migration time, waiting for resettlement in Malaysia. trajectories. The article examines the Plaintiff M70/2011 vs. Minister for Immigration and Citizenship, which Wood, T. & McAdam, J. ‘Australian Asylum was a case brought by two asylum seekers who Policy All at Sea: An Analysis of Plaintiff had arrived in Australian territorial waters by boat M70/2011 v Minister for Immigration and from Indonesia in 2011. The applicants sought an Citizenship and the Australia–Malaysia injunction against their removal from Australia on Arrangement. The International andthe grounds that the declaration by the Minister for Immigration and Citizenship under section 198A(3) Comparative Law Quarterly, vol. 61, No. 1, (a) of the Act was outside the power conferred on the 2012, pp. 274–300. Minister by that Act, and thus invalid. The article explains that the High Court found in favour of the Key words plaintiffs, and restrained the Commonwealth from Australia, Malaysia removing either plaintiff to Malaysia. The authors Factors that fuel irregular migration, human and argue that the case is important because it illustrates social costs of smuggling, irregular migration, routes, elements that are required for the lawful cooperation smuggling between States under international refugee law as well as the minimum obligations that States owe Research method to asylum seekers within their own territory or Unknown jurisdiction.

Summary The strength of the article is that it provides insights This article examines the background to an into Australia’s legal attempts to deter migrant arrangement between the Australian and Malaysian smuggling, particularly smuggling by sea. Because Governments for the transfer of asylum seekers the article focuses on the analysis of the Australia– to Malaysia and the implications of the High Malaysia Arrangement and its demise, it does not Court’s decision on that arrangement for the future make a direct contribution to the body of knowledge development of Australian refugee law and policy. on migrant smuggling.

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Wyssmuller, C. & Efionayi-Mader, D. Health In analysing the data, the authors found that most Care in Nowhereland: Improving Services undocumented migrants seeking health care in for Undocumented Migrants in the EU. Switzerland were fairly young, between 20 and 40 Neuchatel, Switzerland: Swiss Forum for years of age, and most were women. A large number Population and Migration Studies, 2011. of undocumented women from Latin America, the Caribbean, sub-Saharan Africa, Eastern Europe and Key words Asia sought care at the surveyed health care services in western Switzerland as well as in Zurich and Basel. Switzerland The report suggests that the main factor affecting Human and social costs of smuggling, irregular undocumented migrants’ health is generally their migration, smuggling poor living conditions and the distress caused by Research method the insecurity of their irregular status and their lack of future prospects. The authors contend that Qualitative some problems and diseases are more frequent in Summary undocumented migrants than in other population groups, such as certain infectious or sexually This report presents the findings from the research transmittable diseases, like tuberculosis or HIV. project, Health Care in Nowhereland, which collected and analysed information regarding The report concludes that approximately 1–4 undocumented migrants’ health needs and their percent of the overall population of Europe are access, or lack thereof, to health care in Switzerland. undocumented migrants living in a “nowhereland”, in which they face potentially precarious and health- For data collection purposes, a questionnaire was threatening living conditions. The report highlights created, which was translated and made available the complexities confronting health care providers in German and French. The survey collected who must deal with the dilemma of whether to information about services through which access to provide care to irregular migrants, which may health care for undocumented migrants is assured contravene legal and financial regulations, or violate or at least facilitated. The questionnaire was sent to the Hippocratic Oath and deny assistance to these approximately 400 people, including staff of health migrants and asylum seekers. The authors also point care and related institutions throughout Switzerland, out that in accessing health care, undocumented and members of Migrant Friendly Hospitals. Another migrants experience their own dilemma—seeking target of the questionnaire was member institutions access to health care may make them visible to ‘the of the National Platform for Health Care for Sans- system’ and thus they risk deportation. Papiers in Switzerland (a platform coordinated by the Swiss Red Cross for undocumented persons) Through the analysis of empirical material, the report and also local branches of Aids-Hilfe Schweiz, the provides new information about undocumented nationwide umbrella organization representing migrants’ struggles for health care in the European non-profit organizations active in HIV prevention Union. Survey and interview data illuminate the and counselling across the country. In addition, complexities faced by undocumented migrants, who the authors conducted semi-structured telephone require access to health care but are hesitant to risk interviews with specialized informants who were arrest or deportation due to their undocumented regularly in touch with undocumented migrants, status. The report also highlights the health problems including representatives of NGOs active in the suffered by undocumented migrants, including field of health care and social counselling and health the mental health problems that occur due to the care professionals. To illustrate the testimonies of precariousness of their irregular status. undocumented migrants seeking or receiving health care, the authors asked the interview participants to describe cases of undocumented migrants who had sought help from their service. Yorgun, S. & Şenkal, A. ‘Illegal Mobilization of Labour: The Effects of Illegal Migration and Unauthorized Foreign Workers on the

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Turkish Market’. İktisat Fakültesi Mecmuası, Union. In recent times, some Turkish citizens sought vol. 55, No. 1, 2011, pp. 191–220. employment in the migrant smuggling business, particularly in the winter months when tourism Key words is slow. The paper concludes that irregular foreign Bulgaria, Greece, Italy, Turkey labour to Turkey will rise in the coming years and Factors that fuel irregular migration, irregular will remain a crucial social policy issue. The authors migration, modus operandi of smuggling, smuggling contend that an effective response to the rise in irregular foreign labour will require a coordinated Research method effort from all countries in the region and effective Unknown international aid and development policies.

Summary The paper provides insights into the causes of irregular This paper reflects a study of the impact of irregular migration to Turkey, the modus operandi, routes of migration and unauthorized foreign workers on the migrant smuggling to and through Turkey and the Turkish labour market as well as the effects, causes impact of irregular migration on Turkey’s economy. and characteristics of irregular migration. The paper does not include empirical material, thus it does not make a direct contribution to the body of The research methodology is not explained, but it knowledge on migrant smuggling. appears that the authors conducted a review of recent literature on the patterns and dynamics of irregular migration to Turkey. Yousef, K. The Vicious Circle of Irregular Migration from Pakistan to Greece and Back The paper provides a historical overview of irregular to Pakistan. Greece: IRMA, 2013. labour migration to European countries and contends that although Turkey became an exporting country Key words for labour from 1963 onwards, it has become a Afghanistan, Greece, Iran, Pakistan receiving country of labour migration, particularly Factors that fuel irregular migration, irregular since the 1990s. The article explores the smuggling migration, routes, smuggling routes taken by migrants travelling to and through Turkey and explains that illegal exits are conducted Research method by smugglers who take people by buses to provinces Qualitative and districts that possess a coastline and from there smuggled migrants are taken by ships waiting off Summary shore to Greek islands. From those islands in the This report looks at irregular migration from Pakistan Aegean and Mediterranean seas, the smuggled to Greece and the subsequent return migration to migrants are taken by ship to mainland Greece or the Pakistan. Italian coast. The authors argue that the main reason for the increase in migrant smuggling to Turkey is its The author adopted the term ‘irregularity’ in relation geographic location between the Asian and European to the action of migration and the term ‘irregular’ continents. Smuggled migrants increasingly use for immigrants. The use of irregular migration Turkey as a ‘transitional highway’ on their way to the refers to the entry and/or stay in a place beyond the European Union. In addition, Turkey has common established legal frameworks that apply. land and sea borders with Greece and Bulgaria, which are used as transit countries after smuggled The research methodology involved a critical review migrants leave Turkey. of the relevant international literature regarding irregular migration on two levels of analysis: The paper explains that the migrant smuggling migration from Pakistan to Europe and irregular business is generally confined to populated provinces migration in Greece in general. Additional data was in Turkey. Smuggled migrants must deal with collected through field research, particularly through commission agents in these cities, who organize interviews that were conducted during February the transport out of Turkey and into the European and March 2013. The semi-structured interviews

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captured information on irregular migration from Summary Pakistan to Greece from authorities and institutions This article singles out Chinese underground banking in Greece, public institutions and international systems, which primarily deal with foreign exchange organizations, national bodies and representative and remittance transfers. Drawing on qualitative data associations of the Pakistani community. and by analysing the links of Chinese underground banks to migrant smuggling and money laundering, The report examines the irregular migration routes the article examines the extent to which the Chinese of Pakistanis to Greece and points out that this banking systems are involved in crime. migration has followed different paths; the most common journey usually involves travel from The article specifically explores Chinese informal Pakistan to Iran, specifically the city of Quetta, and fund transfer systems. The author explains that these from there through Turkey to Greece. The path systems, widely known as underground banks, are along the Greek–Turkish border is travelled either by one of the two prototypes of unregulated practices land, in the Evros region of the province of Edirne of funds transfer that can either use or bypass in Turkey, or from the coast of Izmir to the Greek conventional banking institutions. The article islands. The report suggests that the choice of transit contends that the confidentiality and anonymity of either by land or sea borders varies, depending on these fund transfer systems breed a high possibility the complexity of the route. for abuse and involvement in crime.

The report also examines the role of social networks Data was collected for the study in both mainland in irregular migration and notes that the Pakistani China and the United States. With the aim of community acts as a social vehicle, facilitating new gaining an understanding of the underground banks migration flows from Pakistan to Greece. The report operating in the United States, 30 research subjects concludes that variations in choice for regular and were selected from the Fujianese community in the irregular immigration on the part of Pakistanis are United States for interview. Potential respondents often related to the immigration policies of hosting were restricted to adults who were smuggled to the or transit European countries. For example, in recent United States since the mid-1980s and who had years, new factors have significantly contributed to been clients of underground banks in New York changing the customary choice of Greece as a final City’s Chinatown. The majority of the research destination of migrants from Pakistan, such as the participants were married males, who left families lack of regularization programmes, the intensification behind in China. They came from rural areas, with of racism and the recent economic crisis. low education levels and experience of working at low-skilled jobs, and their ages ranged from 24 to 52 Through the analysis of recent literature and at the time of the interviews. The in-depth interviews empirical material, the report provides insights into of Fujianese immigrants in the country illegally were the motivations for Pakistani irregular migration to preceded by a structured survey that consisted of 40 Greece, the routes taken and the modus operandi of closed-ended questions with categorical response smuggling. items. The questions focused on the research participants’ general background information and then asked about smuggling loans, location Zhao, L. S. Chinese Underground Banks and and method of smuggling fee payments as well as Their Connections with Crime: A Review and questions concerning their smuggling experiences an Appraisal. International Criminal Justice and their experiences with underground banks. Review, vol. 22, No. 1, 2012, pp. 5–23. The article discusses how, in the period of the late Key words 1980s to the mid-1990s, at the peak of the irregular China, United States of America immigration stream from the coastal areas of Fujian Factors that fuel irregular migration, fees and payment Province, a major proportion of Fujianese migrant for smuggling, irregular migration, smuggling workers illegally in the country gained access to underground banks operated by co-ethnics for Research method transferring their earnings from illegal employment Qualitative

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in the United States to their home communities in Summary China. Chinese underground banks in the United This article looks pointedly at the nature of Chinese- States were concentrated in the Fuzhou Town— operated informal fund transfer systems in the the area around East Broadway in New York City’s United States through an investigation of their Chinatown. These Fujianese-run underground main clientele and the operation style of Chinese banks collaborated with their counterparts in the underground banks. sending communities of Fujian by arranging for safe delivery of overseas remittances to individual New York City and Philadelphia were the main emigrant households without any additional charge. research sites for the study. The research subjects interviewed were selected from the Fujianese irregular Analysis of the interview responses revealed that immigrant population and were identified through a Fujianese immigrants chose underground banks as snowballing technique. Potential research participants a preferred mechanism to transfer earnings home were restricted to adults who had illegally entered the for both illegitimate and legitimate purposes. United States, primarily through migrant smuggling, Remittances were used to repay smuggling debts and since the mid-1980s, and who had previously been to improve families’ economic well-being. They were clients of underground banks in New York City’s also used to assist other family members to migrate Chinatown. Potential research participants were to the United States legally or irregularly. The article recruited from four Chinese churches in New York concludes that because a trend has been noted of and Philadelphia. The majority of the participants in migrant smuggling expanding into other regions of the study came from rural Fujian Province and their China from Fujian Province, the specialized use of ages ranged from 24 to 52 years at the time of the underground banks will probably continue well into interview. Interview questions focused on research the twenty-first century to serve as a reliable conduit participants’ background information, their migrant for concealing the source of illegitimate income and smuggling experience and their experience with for channelling earnings to home communities in using underground banks. China. According to the article, during the late 1980s The article represents a unique attempt to illuminate to the mid-1990s, at the height of the irregular the financial element of the migrant smuggling immigration stream from the coastal areas of process. Through the collection and analysis of Fujian Province to the United States, a major empirical material, the article provides insights into proportion of Fujianese irregular migrant workers the role that Chinese underground banks have in gained access to underground banks operated facilitating irregular migration to the United States. by Fujianese immigrants for transferring their earnings from illegal employment in the United States to their home communities. The remitting Zhao, L. S. ‘Underground Banks in NYC, demand of irregular immigrants was served by both Their Main Clientele and Operators: The American–Chinese banks located in New York City’s Perspective of Chinese Illegal Immigrants’. Chinatown and underground banks operated by International Journal of Law Crime and Fujianese immigrants. Fujianese immigrants chose Justice, vol. 41, No. 1, 2013, pp. 36–57. the underground banks as a preferred mechanism to transfer earnings home for both illegitimate and Key words legitimate purposes. The remittances were used for repaying smuggling debts and the improvement of China, United States their families’ economic well-being. Fees and payment for smuggling, irregular migration, smuggling The article notes that the Fujianese immigrant workers Research method were not coerced into using the underground banks. However, in several cases, the practice of smugglers Qualitative compelled Fujianese to turn to an underground bank. The article concludes that underground banks served as a preferred means for transferring funds

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among Chinese migrants due to the unique services The article explores the types of irregular migrant that they offered. networks, including kinship networks and dialect- based networks, and explores the themes of social Through the interviews conducted with irregular capital, bounded solidarity, and enforceable trust. Chinese migrants in the United States, the article As opposed to lineage-based networks, the networks provides insights into the informal financial based on regional dialect allowed irregular Fujianese mechanisms used by irregular immigrants and the immigrants as well as underground bank proprietors reasons they may be favoured over formal financial to take advantage of social capital inherent in the institutions. expatriate ethnic community.

The author contends that the findings are unable Zhao, L. S. ‘Ethnic Networks and Illegal to speak to the issues regarding the sophisticated Immigration’. Sociological Focus, vol. 46, No. schemes of underground banks behind the migrant 3, 2013, pp. 178–192. smuggling trade. This is because the data generated from the study did not deal with the internal Key words structure and operational attributes of the system, China, United States of America sources of funding or personnel management and Fees and payment for smuggling, irregular migration, monitoring. The author further notes that the smuggling non-probability sampling used in the study may be characterized by selection bias due to the highly Research method sensitive subject matter and the general difficulty Qualitative involved in locating clients willing to discuss the criminal use of underground banks. Summary This study focuses on the role of ethnic networks in Although it provides interesting insights into sustaining Chinese-operated informal fund transfer Chinese ethnic networks and the underground systems in the United States. banking system in the United States, the article does not make a direct contribution to the body Data was collected for the study in the United States. of knowledge on migrant smuggling due to the Through a snowballing technique, 30 research limitations of the research methodology and the lack subjects were selected from the Fujianese community of reliable conclusions presented. in the cities of New York and Philadelphia. Potential respondents were restricted to adults who had illegally entered the United States primarily through Zhou, M. Recent Trends of Human Trafficking migrant smuggling since the mid-1980s and who and Migrant Smuggling To and From had formerly been the clients of underground banks Pakistan. Pakistan: United Nations Office for in New York City’s Chinatown. The researcher Drugs and Crime, 2013. located six Fujianese-dialect speakers to recruit potential research subjects. The majority of the Key words participants were married males, with low education Afghanistan, Australia, Bangladesh, Greece, Iran, levels, who were between the ages of 24 and 52. The Italy, Pakistan, Turkey in-depth interviews were preceded by a structured Factors that fuel irregular migration, modus operandi survey consisting of approximately 40 closed-ended of smuggling, organization of smuggling, routes, questions with categorical response items. The smuggling research participants were asked general background information as well as questions about the sources of Research method smuggling loans, location and method of smuggling Qualitative fee payment, questions concerning their smuggling experiences and their experiences with underground banks.

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Summary irregular migrants tend to use a combination of This report summarizes research conducted on tactics, including the clandestine crossing of sea and recent trends in migrant smuggling and human land borders and legal entry or exits at border check trafficking from, through and to Pakistan. The report points, using legitimate but fraudulently obtained was commissioned by the United Nations Office on documentation. Drugs and Crime (UNODC) to develop profiles of smuggled migrants in Pakistan. The report discusses Australia as a popular destination country of smuggled Pakistani and Afghan migrants. Research for the study involved a review of open- Almost all irregular migrants to Australia arrive source material as well as previous studies conducted by sea via Indonesia. Migrant smugglers use a by UNODC and other agencies on the issues of combination of tactics to facilitate the travel of human trafficking and migrant smuggling. Interviews Pakistani and Afghan smuggled migrants—irregular were conducted with Federal Investigation Agency migrants often exit Pakistan on valid passports and officials in Pakistan and civil society actors. Requests visas and then travel by air to Malaysia or Thailand. for information, sent to the Federal Investigation From there, they travel clandestinely over land and Agency seeking statistical and narrative data, resulted sea to Indonesia, from where they attempt the final in responses from six Anti-Human Trafficking segment of the journey to Australia by sea. The Centers. The researcher was provided with Pakistan’s author found that migrant smugglers who operate response to the US State Department’s trafficking in this route appear to be well established and known persons report questionnaire. Due to the lack of data to the community. They do not appear to actively available in Pakistan, the report also used statistical recruit irregular migrants, but, rather, find business data collected by other border control agencies, through word of mouth recommendations from including Frontex, and Australia’s Department of successfully smuggled migrants. Immigration and Border Protection. The reports of these agencies were used to understand the volume The report recommends that Pakistan, in cooperation and magnitude of irregular migration to Australia and with the United Nations High Commissioner for the European Union from Pakistan and Afghanistan. Refugees, find long-term solutions for the Afghan population in Pakistan, that Pakistan adopt the The research found that Pakistan is a destination, Model Law Against the Smuggling of Migrants transit and source country for smuggling of migrants and amend the provisions of the Prevention and and trafficking in persons. Although Pakistan has Control of Human Trafficking Ordinance 2002 in taken some important steps in combating human accordance with the Model Law. trafficking and migrant smuggling, including the promulgation of domestic legislation (such as the The report provides valuable insights into the Prevention and Control of Human Trafficking motivations of irregular migrants, the modus Ordinance in 2002) and the establishment of Anti- operandi of smuggling, and routes to Australia Human Trafficking Units, migrant smuggling and and the European Union. Through the analysis human trafficking remain issues of concern. of empirical material, the report makes a direct contribution to the body of knowledge on migrant The report examines the modus operandi of migrant smuggling from, through and to Pakistan. smuggling of Pakistanis and Afghans to Australia and the European Union. To enter the European Union, Pakistani and Afghan nationals predominantly use the Eastern Mediterranean route, by both land and sea. Pakistani, Afghan and Bangladeshi nationals travel from Iran and move, in mixed groups, to the European Union through Turkey and then Greece. Pakistani and Afghan nationals also use the Balkan route for secondary movement within the European Union and the Schengen Zone as well as the sea route from Greece to the southern Italian regions of Apulia and Calabria. According to the report,

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128

Coordination and Analysis Unit (CAU) Regional Office for Southeast Asia and the Pacific UN Building, 3rd Floor, B Block Rajdamnern Nok Avenue Bangkok, 10200, Thailand http://www.unodc.org/southeastasiaandpacific

UNODC would like to specifically recognize the contribution of Australia in support of the CAU