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A Background and Purpose A Background and Purpose
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B Negotiating History B Negotiating History
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C Interpretation C Interpretation
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Article 12 Security and Control of Documents
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Published:June 2023
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Abstract
This chapter reviews Article 12 of the Smuggling of Migrants Protocol, which addresses the role that travel and identity documents play in facilitating the smuggling of migrants. It does this by focusing on steps that States Parties can take in relation to document creation, issuance, and quality, with the ultimate goal of implementing processes that cannot be abused and producing documents that cannot be easily forged or fraudulently used. Article 12 of the Smuggling of Migrants Protocol provided the model for the text of Article 12 of the Trafficking in Persons Protocol, which is identical, and thus both should be interpreted in the same manner, as well as similar obligations in regional trafficking instruments. The obligations in Article 12 seek to tackle practices commonly employed by smugglers and their associates that enable migrant smuggling to flourish. Research has demonstrated ‘that a substantial percentage of identity-related crime is associated with offences that involve travel and identity documents that are committed with a view to facilitating organized criminal activities such as trafficking in persons and smuggling of migrants’.
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