• E4J University Module Series: Trafficking in Persons & Smuggling of Migrants

• Module 1: Migrant Smuggling as a Specific Crime Type

• Introduction and learning outcomes

• Key issues

  • The criminalization of smuggling of migrants
  • • UNTOC and the Protocol against the Smuggling of Migrants
    • Offences under the Protocol
    • Financial or other material benefit
    • Aggravating circumstances
    • Criminal liability
  • Non-criminalization of smuggled migrants
  • • The scope of protection
    • Humanitarian exemption
    • Jurisdiction
  • Migrant smuggling v. irregular migration
  • Migrant smuggling vis-à-vis other crime types

• Exercises

• Possible class structure

• Core reading

• Advanced reading

• Other resources

• Student assessment

• Additional teaching tools

 

Published in January 2019.

 

 

  This module is a resource for lecturers  

 

Possible class structure

 

This section contains recommendations for a teaching sequence and timing intended to achieve learning outcomes through a three-hour class.

NOTE: The class structure proposed is merely indicative. As students' prior knowledge and exposure to these issues varies widely, the lecturer should adapt contents as well as the time suggested for each component of the Module, according to the educational and social context, needs of the students and as otherwise appropriate.

Ice-breaker and attention-catcher

The Module should begin with the screening of all or some of the following films:

• It's a Crime: Migrant Smuggling   by United Nations (app. 5 minutes);
• How smugglers illegally bring people to Europe  by Express UK (app. 3 minutes);
• Human Smuggling, a lucrative trade   by USA Today (app. 4 minutes).

The films provide brief overviews of the dangers entailed in smuggling ventures, risks for migrants, the modus operandi and services provided by organized criminal groups and the lucrative nature of this crime. The films and related discussion will set the stage for the various topics addressed throughout this Module.

The following discussion questions are proposed:

• Considering the topics developed in Module 1, what behaviours do you believe are criminalized as far as migrant smuggling is concerned?
• What kind of resources and operations do you consider necessary to pull together a migrant smuggling venture?
• How much do you believe is the average price of a smuggler/smuggling operation and of specific steps comprised therein?
• Do you conceive migrant smuggling as a crime closely linked to/enabling/causing other criminal conduct? In the affirmative, indicate which crimes and why?

If not all three movies are screened, the remaining time may be added to the lecture or 'Exercises'.

Lecture

in line with the various subject-matters described in ' Key issues' (app. 85 minutes)

Break (10 minutes)

Exercises (60 minutes)

• The class may be divided in two groups, with each group addressing one of the 'Exercises (1 and 2)' and later presenting the results (20 min to discuss and 10 minutes to present for each group); or
• All students together may address both 'Exercises' successively, with the lecturer moderating the debate.

Note : The lecturer could also decide to focus on either Exercise 1 or Exercise 2 in class and assign the other as compulsory homework.

 

Next: Core reading

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