Defining the Offence of Migrant Smuggling: When the Migration Crisis Revives Old Debates

Abstract

INTRODUCTION In 2016, more than 300,000 migrants arrived in European countries through migration routes across the Mediterranean Sea, and more than 5,000 have been reported dead or missing. Although the numbers are slightly lower than in 2015, the fiows of migrants remain high, and there are uncertainties on whether the official statistics represent the whole picture. Behind these unprecedented, yet anonymous, numbers, it should not be forgotten that lives are at stake – people who are leaving their home countries in order to fiee confiict and war, to escape serious human rights violations or poverty, or to seek better living conditions. These persons on the move may simultaneously fit into several categories, for example refugees, victims of human trafficking, smuggled migrants, asylum seekers and persons in need of international protection, economic migrants, etc. If they fall into one of these categories at the point they reach a border, they can, however, belong to another category when they reach their destination. This change happens frequently as persons who start their journeys in a voluntary manner are also vulnerable to networks of labour or sexual exploitation. When people take the decision to migrate towards Europe, this impacts the situation in their home countries, but also the situation in the countries through which they transit or those in which they finally settle. The unprecedented numbers of persons on the move have caused diverse reactions throughout the European states. Movements such as ‘Refugees Welcome’ have led to demonstrations of solidarity and support for refugees. In contrast, extreme-right movements, such as Pegida in Germany, or the Front National in France, have criticised the massive infiux of foreigners as a threat justifying closing down national borders. Beyond these strong positions, national public opinions and governments are still in the process of discussing and determining how best to answer to this situation, balancing the protection of fundamental rights and respect for laws concerning refugees, with the necessity to manage migration within the country, notably to ensure the smooth integration of the new arrivals into local society. Debates have also taken place at supranational level, as the institutions of the European Union (EU) have tried to ensure a certain degree of solidarity among Member States in welcoming and integrating these persons.