Non-Criminalization of Smuggled Migrants: Rights, Obligations, and Australian Practice Under Article 5 of the Protocol Against the Smuggling of Migrants by Land, Sea, and Air
International Journal of Refugee Law, 25 1: 39-64, 2013
Posted: 19 Jun 2015
Date Written: 2013
Abstract
Article 5 of the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, to which Australia is a state party, requires states not to criminalize migrants for being the object of migrant smuggling. This international obligation raises questions about Australia’s response to migrant smuggling and its treatment of asylum seekers. This article examines the principle that smuggled migrants should not be punished for seeking refuge through illegal entry to a receiving state. It explores the extent of the obligations created by article 5, and, on that basis, assesses the compatibility of Australia’s legislative and practical responses to the smuggling of migrants.
JEL Classification: k00
Suggested Citation: Suggested Citation