Legal Measures to Suppress the Smuggling of Migrants by Land

Abstract

Migrant smuggling affects the security of the country and threatens international peace because it is a serious transnational crime and often associated with other transnational syndicates such as human traffickers. According to a report by United Nations Office on Drugs and Crime (UNODC) in 2018, entitled, “Global Report on Smuggling of Migrants”, at least 2.5 million migrants have been smuggled, and this crime generates a profit of approximately $5.5-7 billion for the criminals, moreover, Thailand is a hub for smuggling of migrants in the Greater Mekong Subregion, especially by land. Protocol Against Smuggling of Migrants by Land, Sea and Air is an important international instrument that serves as a tool for the state parties to put legal measures to prevent and suppress smuggling of migrants. Although Thailand is currently not party to the Protocol, it has expressed its intention to ratify it. Subsequently, Thailand has issued the draft Act against Smuggling of Migrants, B.E…. on 18 April 2018. It is found from this study that there are still some provisions that are not in line with the spirit of the Protocol, therefore, the author proposes recommendations as follows: 1. Smuggling of migrants offence: The minimum penalty and the exemption of criminal liability for smuggled migrants should be amended to be more in line with the Protocol. 2. Responsible organizations: Legal measures under the Protocol should be used as a guideline for considering responsible organizations empowered to execute legal measures. 3. Responsible organizations and channel with regards to international cooperation: It is recommended that the Department of Special Investigation should be given power to provide international cooperation together with the Office of the Attorney General.