Illegal migration from a human trafficking perspective
Toward mechanisms to reduce the phenomenon
Policy Paper
Issued it
Public Policy Analysis and Human Rights Unit
Affiliate Foundation
, Maat for Peace, Development, and Human Rights
Under a project
The Universal Periodic Review as a Tool to Improve Public Policies during the Transition
February 2017
“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.
Introduction: -
The phenomenon of illegal immigration is one of the most important phenomena that haunts the international community, as a result of the unprecedented spread of this phenomenon, which necessitated that there is an urgent need to activate laws to criminalize illegal immigration and the crimes associated with it, the most important of which is the crime of human trafficking, despite the clear distinction between Trafficking, smuggling or illegal immigration However, the situation of illegal immigration can turn into a situation of human trafficking, as migrants who are exploited at any stage of the process can become victims of human trafficking.
And under interesting Public Policy Analysis and Human Rights Unit Foundation , Maat for Peace, Development, and Human Rights With the recommendations that were made to Egypt in light of the universal periodic review, the Egyptian government's position on the recommendations, and in light of the institution’s implementation of a project The Universal Periodic Review as a Tool to Improve Public Policies during the TransitionFunded by the European Union during 2016-2017, the Foundation has focused on shedding light on this issue through a paper that explains the most important problems of the phenomenon of illegal immigration from the perspective of human trafficking in order to reduce that phenomenon.
The paper dealt with the issue in several axes, where it talked in the first axis about illegal immigration in terms of concept, shapes and dimensions, then moved to present in the second axis the legal view of illegal immigration and human trafficking, while in the third axis it focused on talking about illegal immigration in Egypt with a view It included the history of the phenomenon, its causes, and its constitutional, legal and legal framework, and presented the most important recommendations that were made to Egypt in this context, and in its last axis, the paper presented some solutions and recommendations on the level of developing legislation, institutional mechanisms, and designing awareness-raising programs and the role of civil society in order to reduce the phenomenon.
Migration is defined in demography as moving - individually or collectively - from one location to another in search of a better social, economic, religious or political situation. In sociology, it indicates a change in social status, such as a change in trade or social class, etc. ([1]).
The process of migration from place to place in itself is a legitimate social phenomenon that humanity has known throughout the ages, just like any phenomenon referred to as a social phenomenon, and the concept of migration does not only mean moving from one place to another, but rather clarifies social indicators, which means abandoning all social and family ties of On the one hand, and on the other hand, building new relationships and ties in other new societies different from the society of the upbringing.
Legal, organized or legal migration means that type of migration that takes place according to the requirements, customs, formal and substantive rules applicable internationally and required according to the law of each country separately ... and the most important of which are:
- That the immigrant holds a travel document, and is not prevented from leaving the country to which he belongs for legal reasons.
- To obtain legal permission to enter the country to which he wants to immigrate.
- To initiate and end his residency in the state according to what is permitted and decided according to its laws and regulations and the period obtained, and on the basis of the aforementioned, it becomes clear that the extent of legitimacy is available in the state’s knowledge of that citizen and his direction and the knowledge of the state he wishes to immigrate to in his immigration, entry and residence there.
The secret, illegal or irregular migration, which we call here illegal immigration, is a global phenomenon that exists in developed countries such as the United States and the European Union or in developing countries in Asia such as the Gulf countries and the Arab Mashreq countries, and in Latin America, where some countries such as Argentina, Venezuela and Mexico have become a destination for immigrants. Coming from neighboring countries, and in Africa, where borders inherited from colonialism do not constitute for the neighboring tribes buffer barriers, especially in some countries such as Ivory Coast, Southern Africa and Nigeria ([2]). Determining the size of illegal immigration is a very complicated matter due to its nature, and the fact that the status of illegal immigrant includes different types of immigrants such as:
- Individuals who enter the receiving country illegally and do not legalize their status.
- Individuals who enter the receiving countries legally and stay there after the legal residence period has expired.
- People who work illegally during an authorized stay.
From the above, it is clear that immigration is an optional process that an individual undertakes of his own free will for a specific purpose (work, search for better living benefits, residency)
There is also another kind of migration, which is that which is compulsory in a number of cases, which are cases in which the individual is forced to leave his homeland and migrate to another place under threat (wars, religious or political persecution), which is known as forced displacement, which basically means forcing a group of Residents legally reside on their lands to move to another area within or outside the same state based on the methodology, planning and supervision of the state or one of its affiliated groups with the intention of cleansing ([3]).
The numbers of illegal immigrants conflict and conflict, as the International Labor Organization estimated the phenomenon of illegal immigration between 10-15% of the number of migrants in the world, which according to the World Bank report reached 250 million last year, which is the highest level of immigration ever, where migrants search For better economic opportunities. The report noted that fast-growing developing countries are increasingly attractive destinations for immigrants from other parts of the developing world.([4]).
- Globally accepted forms of illegal migration
There are many forms, methods, and means that illegal immigrants, individuals and groups resort to, to move from the source country to the receiving country, and ships or boats are most often used to transport groups of illegal immigrants across the seas from the country of origin, and the countries of arrival are usually the countries of attraction that are located on the coasts of seas and oceans. And bays such as the countries of the European Union bordering the Mediterranean, Australia and the United States of America, and illegal migration by land is infiltrated in the form of individuals crossing international border lines away from crossing points on foot or carrying cars designated for the transport of goods, especially if the migrants are groups and in In this case, these cars cross the border far from the official entry crossings, and there may be skirmishes and clashes between these groups and border guards, and the borders of the Kingdom of Saudi Arabia, especially the southern ones, the borders of the Maghreb, Egypt, and the borders of the United States of America with Mexico, such as these routes of illegal immigration, may occur. Illegal immigration is carried out by individuals through forging travel documents or identity papers and tash Entry, and this method prevails in immigration by air, and some travelers who wish to immigrate may try to apply for asylum to the receiving country by destroying or concealing their identity papers.
The motives and causes of illegal immigration vary between economic, psychological, social and political reasons. However, there is always a close connection between the global financial crisis and the issue of international migration, whether legal or illegal, as this crisis led to millions of young people being suspended from work and the global number of them increased, especially in Developing countries There is no doubt that many of these young people will turn to different solutions, to confront the phenomenon of unemployment, through immigration as one of the solutions for the desperate who are looking for a job opportunity anywhere and at what price they pay, even if it costs them their lives.
We review here the most important of those motives, which come in the forefront: -
- Economic motives
The search for a comfortable life is considered the most important motivation that leads to the emigration of many citizens to their homelands, especially in countries that suffer economic crises, to economically stable countries, in order to earn a livelihood, especially the unemployed youth group seeking to form a family life, in light of the growing unemployment rates, which drives Many people seek better job opportunities in another place or countries.
We can also say that one of the motives for migration is the countries ’lack of economic development plans, as a result of the absence of democracy, the spread of corruption, ignorance, and extremism, especially in some countries in the North African region, the economic and political collapse in sub-Saharan Africa, and the totalitarian character of the governments of those countries. The lack of respect for human rights and political instability led to the corruption of the economic structure and made the level of per capita income in some countries, especially the Middle East and North Africa, low and not compatible with the basic requirements of the individual for the continuation of life.
- Demographic drivers
One of the reasons for the contraction of the labor market and the incompatibility of opportunities available in the labor market with the outcomes of education and training is the continuous increase in the population along with low death rates, which drives many people to migrate, whether legal or illegal.
The steady increase in the population is one of the most important reasons for migration, and some countries are distinguished by this characteristic, especially the Arab Republic of Egypt, as there is an abundance of human resources and limited exploitation of natural and economic resources, and this increase in the population is not commensurate with the available economic resources that represent This is an obstacle to economic development.
The low level of wages, due to the lack of job opportunities and the high number of those willing to work with the failure of employment and employment policies, which are reflected in the decline in productivity, the continuous increase in living conditions and the rise in prices, is one of the most important demographic factors that lead to the search for immigration to countries with a high level of wages, Which provides its residents with good means of living.
- Political motives
The end of the twentieth century witnessed an increase in the movement of refugees, individually or collectively, as a result of the wars and internal conflicts that have occurred in many regions of the world, and human rights violations due to their ethnic, religious or political affiliations, which are one of the main causes of migratory movements that force individuals to move from insecure areas to Others are safer, which is called forced migration or political asylum.
The best proof of this is the unrest and armed conflicts in the Middle East region at this time in some Arab countries (Iraq, Syria, Libya, Yemen), all of which increase the phenomenon of migration and refugees.
In addition, there are political factors at the local domestic level, which push people to emigrate, as political instability in some developing countries weakens or lacks public freedoms (freedom of thought and expression of opinions), which forces many of the highly qualified and educated To leave the country and find another outlet to express their opinions freely.([5])
- Social motives
One of the most important causes of illegal immigration is weak social ties and family disintegration within the country of origin of immigrants, as well as sectarian and factional discrimination and incompatibility with the customs and traditions of the country of origin of illegal immigration and the presence of relatives in the receiving country of illegal immigration.
In addition to the high rates of social problems of poverty, hunger, unemployment, diseases ... etc, with the deep-rooted mental image of the social success that the immigrant shows upon returning to his country to spend the holiday, as he is dedicated to highlighting the manifestations of wealth.([6]). And this is in the midst of a wide media crowd of those appearances, whether in television or cinematic dramas, which leads to the occurrence of many in the clutches of the pursuit of illegal immigration, especially with some families pushing their children to migrate across the sea without taking into account the consequences that may happen to them in order to achieve the dream of social success for the individual And the whole family.
- Psychological motives for migration
The psychological motivation for migration comes from the individual's sense of frustration in trying to live in a better way or achieving himself through the work he is working in. It also represents the suffering in which young people live, which makes them risk their lives in illegal immigration and is aware of the dangers that they may face during migration resulting from feeling Internal alienation and the inability to adapt to the surrounding society, which leads to a feeling of frustration, social isolation, daydreaming illusion, irrational thinking and love of adventure with weak family and community belonging as a result of deficiencies in socialization programs and the weakness of its institutions, the most important of which is the family and school.
The waves of illegal immigration have increased dramatically, especially with the beginning of the second millennium. Most of the immigrants at the global level mean three main places, namely North America, Western Europe and Australia, and to a lesser extent, migration is carried out by some to Arab countries, especially the Gulf countries, which has raised great concern among Countries receiving illegal immigration and put in place strict measures to reduce this migration.
The Arab countries bordering the Mediterranean, especially the North African countries, are considered the transit point to Europe, and in the last five years, political and security instability in North African countries, especially Egypt and Libya, helped increase the number of illegal immigration cases, as they became an important station in North Africa to receive immigrants. From different African countries, smugglers transport illegal immigrants to nearby European lands. Especially since the Migration Organization announced that the number of African migrants who crossed into North Africa, especially Libya, has reached 200,000 since the beginning of the year, a significant increase compared to the same period last year.
The number of countries exporting illegal immigrants reaches 40, the most important of which are Central and South America, Asian countries (China and Pakistan) and African countries. Italy is the closest and most preferred destination for African migrants, especially across the Mediterranean, via Libya, followed by Egypt and Morocco at the rear.
Sinai was also one of the crossings for illegal immigration, especially for immigrants entering Israel across the borders between the two sides, especially East and Central Africa immigrants, while Mexico is one of the most important countries that export illegal immigration by land and sea to the United States of America.
Most countries have laws for political refugees for fear of the oppression of their rulers, and at other times some countries receive refugees fleeing their countries due to war conditions. And international law gave illegal immigrants rights in case their conditions were difficult at sea, whether the boat was badly hurt, or the wind blew them in a different way, and international law stipulates that the nearest country receives them and has the right to host them or deport them. International law also gave immigrants the right to live with dignity that guarantees them a comfortable life, in addition to giving salaries to political refugees, provided they do not interfere in the politics of the country that receives them.
Although the Universal Declaration of Human Rights contains glamorous and exemplary texts, as it states in its articles that “everyone has freedom of movement within and outside his homeland and has the freedom to choose his place of residence and the right to leave any country, including his country of origin, and this freedom may not be restricted unless necessary. Protecting national security, public order, public morals, or the rights and freedoms of others, and no one may be arbitrarily deprived of the right to enter his country. ”However, this text collides with domestic and international laws, as the constitutional law of all countries guarantees freedom of movement, and international laws impose on all states conduct Determined in the development of relations between them, the state that guarantees the right of movement for its members has the right to regulate entry and exit from its territory according to its regulations, security and territorial integrity. Therefore, it has defined in its internal laws the official land, air and sea outlets for entry or exit from it, whether for its citizens or foreigners, and has placed it at the disposal of its citizens Travel documents that allow those wishing to travel to obtain a passport whereby the receiving countries recognize the passport holder and his country of origin, in order to facilitate his return to his country of origin when necessary.
Illegal immigration is sometimes considered a form of human trafficking. When illegal immigrants infiltrate illegally, but with their pure will, to transit countries such as Algeria, Libya, or Morocco on their way to Europe, a large number of illegal immigrants are subject to coercion due to debt and immigration status. In legal terms, which results in forced prostitution and forced labor, employers sometimes deprive their illegal employees of wages or travel documents, which represents the alarm bell for trafficking in persons.([7]) In cases where the 2011 Trafficking in Persons Report states, “Many men and women and an increasing number of children from Sub-Saharan Africa, South Asia, and the Philippines enter some Maghreb countries voluntarily, but through smuggling; When they enter the country, older women and girls are forced into prostitution, or also in a less widespread way; Work at home.
“At the same pace, legitimate channels are often used to conceal human trafficking activity,” the report continues. Arab countries are considered destination countries for women and children to work at home, and they are vulnerable to exploitation through unfair contracts and salaries that do not correspond to the minimum wage. For example, some may take advantage of Hajj and Umrah visas to traffic in human beings in the Kingdom of Saudi Arabia. The Lebanese government's artist visa program, from Eastern Europe, Morocco, Tunisia, and Algeria with a three-month entry visa to work as dancers in the entertainment sector for adults opens the door to the sex trade and coercion on Prostitution through practices such as withholding passports and restricting movement.
From the above, it is clear that there is a link between illegal immigration and human trafficking, both of which are crimes involving the transfer of human beings to gain a profit, but human trafficking must have two additional elements that go beyond the scope of smuggling, that is, trafficking must involve some form of improper. Among the forms of recruitment, such as coercion, deception, or otherwise, and the act must have been committed for the purpose of exploitation, although that purpose does not necessarily have to have been accomplished. This applies to the aforementioned cases.
- The Universal Declaration of Human Rights issued in 1948, which stipulated in Article 13 that “Everyone has freedom of movement and choice of residence within the borders of each country. Everyone has the right to leave any country, including his own, and the right to return to it. ”Article 14, paragraph 1, stipulates that“ Everyone has the right to seek asylum in other countries or to try to resort to them to escape persecution. ”([8])
- The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, which stipulates in Article 2 of it: “The purposes of this protocol are to prevent and combat the smuggling of migrants, as well as to strengthen cooperation between states parties to this end, while protecting the rights of migrants. Smugglers.“([9](
Article 3 of it also clarifies that what is meant by the term smuggling of migrants “is the arrangement for the illegal entry of a person into a state party that is not one of its nationals or permanent residents, in order to obtain, directly or indirectly, a financial or material benefit. Other ”and that what is meant by the term illegal entry is“ crossing borders without being bound by the conditions necessary for legitimate entry into the receiving country. ” ([10]).
Article 6 of it also indicated that each state party must adopt the legislative and other measures that may be necessary to criminalize the following acts in case they are committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit:
Article 18 of the Protocol also affirmed the necessity of returning migrants, which states “Each State Party agrees to facilitate and accept, without undue or unreasonable delay, the return of the person who is the object of the conduct set forth in Article 6 of this Protocol, and who is one of its subjects. Or he shall enjoy the right of permanent residence in its territory at the time of his return([11]).
- The Schengen Agreement[12] “This agreement requires that member states to the agreement exchange personal and security information with each other through the so-called Schengen information system, which means the ease of arresting any person who is not wanted in any country, as long as the available information says so. This system (Schengen Information System) has benefited its member states in limiting the entry of illegal immigrants who were deceiving entry from countries other than the destination country to which their request to travel was rejected, by obtaining a visa by traveling to another country for tourism and then traveling from it to the country of destination.
- International Covenant on Civil and Political Rights 1966 Article 12 which “guarantees Freedom of movement Including the right of people to choose their place of residence and leave the country. These legal rights apply to foreigners as well as citizens of the state and may be limited only when necessary to protect national security, public order, health, or the rights and freedoms of others. The article also recognizes the right of people to enter their country. The Human Rights Committee interprets this right broadly that it does not apply to citizens only, but also to those who have been exiled or stripped of their nationality, as it considers it almost absolute and “there are a few, if any, in which the circumstances denying him the right to enter his country are reasonable.” Article 13 also prohibits the arbitrary expulsion of resident aliens and requires such decisions to be subject to review ( ([13].
- The International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families in 1990, as this international convention provided for the protection of the rights of all migrant workers and members of their families and considered them officially the responsibility of the countries of immigration to them and obligated them to respect the rights of migrants and ensure their protection. The convention also stipulates a set of international standards binding on the treatment of immigrants in possession. On official documents and immigrants who do not possess them alike, as well as detailing the obligations and responsibilities of the sending and receiving countries and in general, the main objective of this convention is to combat exploitation and violation of human rights to which migrants are exposed. .([14])
The phenomenon of illegal immigration increased in Egypt with the beginning of the new millennium, despite intense security measures, and increased after 2011 with insecurity and internal distress. The recent Rashid boat accident was not the first of its kind in Egypt, nor will it be the last, but it was preceded by repeated catastrophic incidents, including in 2007 near Marsa Matruh, and in 2008 two incidents, including a trip from Egypt to Turkey and then to Greece, and 20 people drowned, and another accident of a boat on There were 170 passengers on board, 48 of whom died. The dangerous thing here is that, according to semi-official statements, the Egyptian authorities thwart only about 50% from illegal immigration trips, meaning about 20 successful trips per month, and the largest percentage of them are in the age group of 18-25 years. It is a dangerous indicator, and most of those coming to these illegal trips are from the governorates of Beheira, Fayoum and Assiut, meaning that there are no differences between the Delta and Upper Egypt by comparing the standard of development, or the existence of the variable poverty factor between the governorates to explain this phenomenon, as, most likely, the factor The main thing in that case is related to successful cases in a specific region, and the presence of relatives and friends who have performed the same experience, which encourages the need for them, and this explains the existence of entire villages witnessing these cases and the presence in countries such as Italy, France, Austria, and the United States of America.
The Central Agency for Public Mobilization and Statistics conducted a survey on a large sample of Egyptian families, which included 90,000 families, to find out the percentage of immigrants among each family, their educational levels and ages upon migration.
The survey was prepared in 2013, and international experts participated in determining the survey sample and the relative weights of it. It proved that 6.3% of Egyptian families include immigrants, most of whom are males with a percentage of 98%, 861 TP1T of whom are educated, and 801 TP1T coming from the countryside. As the survey showed, the vast majority of Egyptian immigrants reside in Arab countries, while only 3% of them reside in Europe, and 11 TP1T in North America and Australia. The survey showed that 22% of immigrants left Egypt before the year 2000 and 431 TP1T of them migrated during the period from 2010 to 2013. ([15]).
On the level of illegal immigration only, a number of governorates recorded record numbers, led by Fayyum, Gharbia, Kafr El Sheikh, Sharkia, Dakahlia, Qalyubia, Menoufia and Beheira. Several villages have also registered their names in the register of the most migratory villages, foremost of which is the village of Tatoun in the Fayoum governorate, from which more than 9,000 young men and children immigrated illegally, the village of Burj Mughaizel in Kafr El-Sheikh governorate, and the village of Aghour Al-Kubra, in which a large number of its youth managed to emigrate And the achievement of great fortunes, and some of them are currently rich by paying more than ten thousand euros to travel legally to Europe, according to the articles published in a number of Egyptian websites and newspapers.
According to a field study on "The Drivers of Illegal Immigration among Egyptian Youth" ([16]) Statistics related to illegal immigration in Egypt indicate that the number of Egyptian youth who have succeeded in entering many European countries illegally during the last ten years has reached 460,000, of whom 90,000 are in Italy.
The same study revealed that 83 % of illegal immigrants were less than 35 years old and that 85.3 % of them had academic degrees and 40.7 % of those who accepted illegal immigration were working, in agricultural, governmental and craft work, while the 59.33% were not doing any work despite Most of them obtain a scientific qualification, but they have failed to get any job since they graduated many years ago. The study also said that 94 % decided to emigrate for economic reasons, dreaming of a better situation in European countries, and that 82% was influenced by the decision to migrate through the various media that played a role in the youth's demand for illegal immigration by painting an image of success, luxury and wealth on everyone who emigrated. Before, 56.67 % made the decision to migrate because of the jealousy of the successful experiences of others who were able to achieve high material levels through immigration to European countries, which encouraged them to experience immigration to European countries.
The study added that the % 54 of those who committed illegal immigration confirmed that immigration brokers promised them many things, but nothing was realized when the grandfather was found and the immigration process began, which involves human trafficking by migrant smuggling brokers.
The study stated that the percentage of 64.66 % of immigrants depend on immigration brokers to facilitate and pave the way for their migration, while 31.33% depend on their relatives and friends in the countries to which they immigrated, especially Italy, to help them in illegal immigration to Europe.
The study also indicated that 84% of those who undertook illegal immigration did not have the money they paid to immigration brokers, and some of them sold everything they owned, and some of them borrowed and borrowed to realize their dream and family.
The study indicated that 100% of those who emigrated have been subjected to many harassment, including being stalked by the security services, deportation, exploitation, death, acts of violence and violations, working in inappropriate occupations, and being imprisoned.
The strange thing is that 76% who tried to immigrate and failed confirmed that they would try again, while 24 % only decided not to try again, because they were exposed to many cases of fraud by brokers, immigration gangs and travel agencies.
The motives and causes of illegal immigration among Egyptians are many, especially among the youth and in the poorer villages and hamlets, and the situation in the Delta of Egypt does not differ from its level. Each of the young men, despite the different origins and customs, aspire to leave Egypt in the hope of a dream of rapid wealth, especially since there are previous experiences in villages and hamlets that succeeded And it was able to reach suitable work in European countries, especially Italy, and it was able to raise the standard of living of the family completely, and not only the dream of young people, but we are now finding the parents themselves selling all their livestock and plots of agricultural land in order to provide legal work contracts or pay illegal immigration fees to brokers In order for the son to emigrate and try to fulfill the dream of the family as a whole, and among the most important motives that drive illegal immigration in Egypt: -
- Unemployment is widespread.
Unemployment is one of the most important factors that push immigrants to use illegal ways to enter countries, especially Europe, as the lack of income and lower wages, especially in the Egyptian countryside, than in European countries, and the difficult living conditions that families suffer in rural Egypt as a result of the state of weakness and stagnation in the economy Al-Masry recently, with the loss of hope in obtaining a job opportunity for university graduates as a result of the spread of corruption, bribery and favoritism in the 1990s led to the exacerbation of the phenomenon.
- High overall poverty rate
The high poverty rate and low development rates in the country are considered one of the most important drivers for migration in general, as the percentage of the population living below the poverty line in Egypt reached 27.8% in 2015 compared to 22.7% in 2014. That is, more than 1.37 million Egyptians fell below the declared poverty line during For the past two years, about 25.36 million people, by calculating Egypt's population of 91.2 million, according to what was announced by the Central Agency for Public Mobilization and Statistics.(.([17] This is what prompts many of these young people to risk their lives in illegal immigration journeys, in line with false promises from smuggling brokers to provide them with facilities upon their arrival to countries of exile, which gives young people the incentive to risk their lives as they think it will alter the course of life for them and their families, ignoring that it may It is a trip to die for.
- Successful past experiences, the role of media, and attractions
The previous success stories of immigrants from the same village or town are considered one of the most important factors driving the adventure of illegal immigration, especially when the immigrant returns to his country to spend the vacation, as he is dedicated to highlighting the manifestations of wealth, such as cars, gifts, investment in real estate ... and the similar demonstration of wealth and high economic level And in the same context, the media display only successful examples of illegal immigrants and not focus on the negative side of those migrations. Also, one of the most important drivers of migration abroad is the attraction factors that are available in the receiving countries of illegal immigration operations, foremost of which is the variation in the level of wages between countries.
- Smuggled Migrant: - It is any person who is the target of a smuggling operation outside the borders of the Egyptian state.
- Smuggling broker: It is the person who mediates the illegal movement of a person or persons from one state to another in order to obtain, directly or indirectly, a material or intangible benefit.
- Organized Criminal Group: - A group formed according to a specific organization of at least three persons to work continuously or for a period of time with the aim of committing the crime of smuggling migrants alone or with others in order to obtain, directly or indirectly, a material or moral benefit or for any purpose. Its members do not have to have specific roles Or to continue its membership in it([18]).
- Transporter: - It is every natural or legal person whose profession is to transport passengers or goods by land, sea or air, in order to achieve illegal commercial gain.
- Some tourism companies: - They are unknown tourism companies that make fake accounts for the purpose of obtaining tourist visas for those who want to immigrate to European countries by placing sums of money in the account of the immigrant and obtaining guarantees from his family in Egypt in order to obtain a visa to enter the receiving country, and then the immigrant breaks the visa. It is legal until obtaining the residency or nationality of that country. Also, some tourism companies obtain visas for those who want to immigrate to some African countries through transit lines in the target country, provided that the immigrant conceals or tears his identity papers and seeks asylum for that country.
Some of those seeking illegal immigration take Egypt as a transit point for a large number of different nationalities, and the conflicts in Libya have largely directed the rudder towards Egypt as a transit for travelers, as organized groups for transnational crime use Egypt as a transit station for illegal immigrants heading to Europe, due to the high demand Immigrants to travel across the Egyptian coasts after news of the arrival of Syrian immigrants arriving on European shores and the governments receiving refugees there and providing job opportunities and housing for them.
Some Africans were crossing from Egypt to Israel through Sinai, and the nationalities of the infiltrators to Egypt varied between Sudanese, Ethiopian, Eritrean and Somali, as a result of their belief that the road to Israel - which accepted refugees from Darfur for political reasons between 2004 and 2007 - via Sinai was a safe path. And little risk ([19]) Many Africans were exposed to human trafficking by selling organs in exchange for smuggling
In recent years, Egypt has succeeded in drastically reducing this phenomenon, dismantling most of the smuggling gangs in Sinai, and then this point is no longer the most prominent, but has been replaced by the immigration of Syrians, Libyans and Africans to Europe through the Mediterranean.
In June 2011 ([20]) : The Navy managed to rescue 87 Egyptian citizens who were on board a fishing boat 12 nautical miles from the Egyptian coast in front of the Burj Al Arab area in an attempt to illegal immigration to Italy. It was found that the fishing boat had sunk, with 80 Egyptian migrants on board, in addition to seven crew members.
In August 2012 ([21]) : The Egyptian Ministry of Foreign Affairs announced that 33 Egyptian youths had survived in the sinking of the Egyptian illegal immigration boat off the Libyan coast. Libya handed over to Egypt three survivors of a shipwreck after it announced that 33 people had survived and 39 drowned.
In October 2013 ([22]) : At least 12 people were killed, as a boat for illegal immigration sank on the western coasts of Alexandria, specifically in the Agami area. 116 people, including 40 Syrians, 72 Palestinians and 4 Egyptians, who were on board were rescued, in addition to recovering 12 other bodies.
In July 2014 ([23]): At that time, the city of Rashid witnessed a state of emergency after the sinking of a boat across the Mediterranean Sea near its coast in Kafr El-Sheikh carrying 56 Egyptian youths who were on their way to Italy on an illegal immigration journey. Dakahlia Investigations also managed to thwart the attempt of 69 people, including 20 Syrians, to carry out illegal immigration to Italy through the coasts of Gamasa.
May 2015([24]): The Italian Coast Guard announced that a boat carrying migrants sank off the coast of Libya, and that about a hundred survivors had been recovered. And the Egyptian authorities announced that Andak had drowned 3 and that they had rescued 31 others who were on board a migration boat, including 13 who had Syrian nationality, 15 Sudanese, 2 with Eritrean nationality, and one Egyptian.
October 2015 ([25]) : An illegal immigration boat sank in Kafr El Sheikh, and the accident resulted in the drowning of 5 Sudanese citizens, including 4 unknown persons. The Egyptian authorities announced at the time that 10 bodies had been recovered from the Mediterranean in the Burullus region, and 25 others were rescued after they fell into the water while traveling on an illegal migration on board a fishing boat.
April 2016 ([26]): A boat sank in Matrouh, and the number of decomposing and unidentified bodies that were thrown by the waves on the beaches of Matrouh reached 24 bodies of men and women, after the residents and the border guards and the Navy found 14 bodies.
June 2016 ([27]): One of the naval vessels of the Egyptian Navy recovered 31 people of different nationalities, and 9 bodies of decomposing parts, including the body of an Egyptian woman, as part of the follow-up to the accident that sank an illegal immigration boat with 600 people on board in the Mediterranean waters, with 31 people on board. Legitimacy ”and they are 26 Egyptians, Sudanese, Eritreans and Ethiopians.
September 2016: The Rosetta ship sank([28]) : A fishing boat called “The Prophet's Procession” carrying illegal immigrants was submerged off the coast of Rashid, 12 km northeast of Bogaz Rashid. A total of 171 bodies were recovered before the boat floated, while 164 migrants survived. Then the number of victims of the boat increased to 204 shipwrecked, after 33 other bodies were recovered, by means of winches belonging to the Egyptian Ministry of Petroleum and the Navy, where other bodies were found inside.
There are many methods of smuggling migrants in Egypt, between emigration by fishing boats, especially in cases of migration to Greece and Italy, and obtaining visas for tourism and then searching for work in the receiving country, and also forging visas and seeking asylum in the receiving country.
- Boat migration
It is the most dangerous, as most immigrants resort to fleeing through fishing boats as it is the cheapest and easiest way to not require a visa or work contract, as those seeking illegal immigration are smuggled from the coasts of Egypt to near the coasts of other countries, after which the migrants complete the remaining distance to the coast of that country by swimming.
- Land roads
It is usually carried out via the north to Libya and Jordan. Migrants are smuggled through Libya to countries of the Mediterranean basin such as Italy and Greece, either through Jordan - especially since entry into the country of Jordan does not require a visa - so the smuggling of migrants to Cyprus and Turkey is usually done to the countries of the Mediterranean basin.[29].
- Tourist visa
In cases where the intent to immigrate can provide money that guarantees him obtaining a tourist visa to one of the European countries with possession of the price of tickets, to that country, which is often Turkey or Italy, then the immigrant then and during the legal period of the visa can search for work and stay for someone Knowledge until permanent residency or state citizenship after the legal period.
- Visas for African countries
One of the most important illegal immigration methods is obtaining entry visas to some African countries, through airlines through the airports of European countries, and when the immigrant goes down to one of these airports that allow the right to asylum, he tears the passport he carries and all his identity papers, and he requests asylum to These states, and not completing his journey to the destination stipulated in the travel visa.
- Marriage to citizens of some European countries
Some Egyptian youth who wish to immigrate illegally to Europe marry citizens of some European countries, especially Eastern European countries, so that they enjoy a distinct legal status and thus their citizens have the right to move freely between their countries and then enjoy the nationality of these countries through some fake offices that provide women European women in exchange for amounts ranging between 2000 and 5000 thousand euros, depending on the receiving country and the chances of obtaining its nationality.
A number of recommendations were submitted to Egypt related to illegal immigration and also the use of migrants in human trafficking activities. Egypt accepted all the recommendations submitted to it, namely: -
166-169 Intensify efforts to combat trafficking in persons, in cooperation with the international community (Rwanda);
166-170 broaden the understanding of the definition of trafficking in persons and incorporate a human rights-based approach into policies aimed at eliminating trafficking in persons (Slovenia);
166-171 Ensure the effective implementation of the National Plan to Combat Human Trafficking (Israel);
172-166 Continue its national efforts to combat trafficking in persons, including through international and regional cooperation (Kazakhstan);
166-173 Ensure the creation of a national database on trafficking in persons (Philippines);
166-174 Continue to strengthen efforts to eliminate trafficking in persons in accordance with the National Plan (Maldives);
166-176 Develop a comprehensive and multidisciplinary strategy to prevent and address the exploitation of young citizens through illegal immigration (Bosnia and Herzegovina);
166-286 Address gaps in protecting migrant rights (Nigeria);
166-287 Intensify and advance its efforts to combat illegal immigration and effectively address its dangerous consequences (Democratic People's Republic of Korea);
166-288 Continue to strengthen efforts in preventing and combating illegal immigration, including through the use of boats designated for high-risk marine areas (Greece);
166-289 Address legal loopholes in relation to illegal immigration (Kuwait);
166-290 Enact laws and take measures to complement the government's efforts in the area of migration (Myanmar)
- the Constitution
The Egyptian constitution promulgated in January 2014, in Article 89, approved the prevention of human trafficking, which stated that “all forms of slavery, slavery, oppression, and forced exploitation of human beings, sex trade, and other forms of human trafficking are prohibited, and the law criminalizes all of this.”
- Human Trafficking Act
Law No. 64 of 2010 on the Criminalization and Combating Human Trafficking does not directly approve the criminalization of illegal immigration, but its legal implications for criminalization and the penalties contained in cases appear indirectly on victims of illegal immigration who become victims of human trafficking. It is proven that both crimes of illegal immigration and human trafficking are both crimes that contain the transfer of individuals as a cause of profit.
- The National Coordinating Committee for Combating and Preventing Illegal Migration
Established in accordance with the text of Article 28 of Law No. 64 of 2010 on the Criminalization of Human Trafficking, in addition to the Ministry of Foreign Affairs agencies concerned with immigration issues, the Ministry hosts the headquarters of the National Coordinating Committee for Combating and Preventing Illegal Immigration of the Council of Ministers that was issued to establish it (Prime Minister Decision No. 380 dated March 9, 2014), and Prime Minister Decision No. 430 of 2014 was issued to appoint a chairperson for the committee, who also heads the committee's technical secretariat.
- Law 82 of 2016 on Combating Illegal Immigration and Migrant Smuggling ([30])
The anti-immigration law is considered one of the Egyptian laws that took into account the contractual obligations arising from Egypt's accession to international conventions, especially the United Nations Convention against Organized Crime and its supplementary protocol and the Arab Convention to Combat Transnational Organized Crime.
The law includes 34 articles that define crime, organized criminal group, migrant smuggling, smuggled immigrant, forged travel or identity document, unaccompanied children, commercial carrier, ship, territorial sea, the neighboring area, and others.
The law also singles out a chapter on crimes and penalties, as it stipulates the punishment of imprisonment for anyone who founded, organized, or managed an organized criminal group for the purposes of smuggling migrants, or assumed leadership in it, or was a member or organizer of it.
The law imposed a prison sentence and a fine of not less than 50 thousand pounds and not more than 200 thousand pounds or a fine equal to the value of the benefit, whichever is greater, for everyone who commits, attempts, or mediates in the crime of smuggling migrants, and whoever prepares or administers the crime is punished with imprisonment. A place to house, collect or transport smuggled migrants, or facilitate or provide them with any services with proof of his knowledge of this. The law stipulates that “the state shall provide appropriate measures to protect the rights of smuggled migrants, including their right to life, humane treatment, health care, physical, moral and psychological integrity, preservation of their personal privacy and enlightenment of their rights in legal aid while ensuring special attention to women and children.” A committee of ministers shall be established according to the law. The National Coordinating Committee for Combating and Preventing Illegal Migration and Human Trafficking “follows the Prime Minister, and has its headquarters at the Ministry of Foreign Affairs, which is responsible for coordination at the national and international levels between policies, plans and programs devised to combat and prevent illegal immigration, provide care and services to smuggled immigrants and protect witnesses, and includes in its membership representatives of Ministries, agencies, agencies, councils and research centers concerned, and two experts nominated by the head of the committee.
The law also approved the establishment of a fund to combat illegal immigration and protect immigrants and witnesses, and it has public legal personality and a private budget and reports to the Prime Minister, and provides financial assistance to victims of those who have suffered damages resulting from any of the crimes stipulated in this law.
The phenomenon of illegal immigration is the main symptom of a wide range of diseases afflicting the Egyptian state in the last fifteen years. These diseases are the product of multiple problems at the institutional and legal level, including: -
- The Ministry of Manpower: Despite the job opportunities provided by the Ministry internally and externally, the announcement of these opportunities and their advantages does not match the requirements of the current era in terms of prevalence and means, as the workforce continues to use publishing in nationalism without electronic publishing of those jobs using the same advertising method for more than 50 years, The Ministry does not play its active role in communicating between job seekers and employers, despite the knowledge of all agencies and ministries that the spread of unemployment is one of the most important reasons for the spread of the phenomenon of immigration, especially illegal immigration.
- Ministry of Interior: Total reliance of the Ministry of Interior on security solutions in the face of illegal immigration and failure to protect victims and whistleblowers, by thwarting attempts at illegal immigration without setting up prior plans to abort the gathering and gathering processes of immigrants through brokers.
- Institutions of civil society: One of the most important reasons for the spread of the phenomenon is the failure of civil society to play its role in preventing the phenomenon through several things, the most important of which is the lack of a habit of training youth, especially in areas where the phenomenon spreads on new trades in which the young man can achieve a material income commensurate with his requirements, and on the other hand, the failure of community institutions The civil role in raising awareness of the dangers of illegal migrations, while clarifying the human trafficking operations that migrants may be exposed to.
- Religious institutions: The weak role of the religious establishment in Egypt has led to the spread of the phenomenon of immigration, especially in the field of raising awareness of the dangers of illegal immigration on human life religiously and morally and the failure to clarify the problems of migration in religious seminars and sermons in mosques and churches.
- Law on Combating Illegal Immigration and Smuggling of Migrants (82 of 2016): The law is generally considered good, but the second chapter of the law, which is devoted to penalties, requires harsher penalties, especially in crimes that are accompanied by the management of organized groups to smuggle migrants, especially children, women, and people with disabilities, as well as weak punishment in cases of false testimony.
- Human Trafficking Law (Law No. 62 of 2010): Although there is the Skin Trafficking Law No. 62 of 2010, the law under the current situation has become inconsistent with the human trafficking operations that occur to immigrants.
Maat Foundation believes in light of the increase in the number of Egyptian youth who immigrate illegally and the negative consequences of that, that state institutions and parliament should work more to combat this phenomenon through several things: -
The Foundation believes that some articles on penalties should be amended in Law 82 of 2016 on combating illegal immigration and smuggling of migrants, which are
- Tougher punishment in Article 6 of the law ([31]) To become Katali “shall be punished with imprisonment and a fine of not less than one million Egyptian pounds or a fine equal to the value of the benefit he received, whichever is greater, whoever commits the crime of smuggling migrants, embarks on it, or is involved in it, and the punishment is rigorous imprisonment and a fine of no less than five million pounds or a fine Equal to the value of the benefit to him, whichever is greater in any of the following cases ...).
- Tougher punishment in Article 7 of the law ([32]) To become "the penalty shall be life and a fine of not less than two million pounds or a fine equal to the value of the benefit he received, whichever is greater if any of the crimes stipulated in the first paragraph of the previous article are committed in any of the following cases ..."
- Tougher punishment in Article 10 of the law([33]) To become “punishable by imprisonment for a period of no less than five years whoever uses force or threat, or offers a gift or privilege of any kind, or promises something of that to induce another person to give false testimony or conceal a matter or make false statements or information in any A stage of collecting evidence, investigation or trial in procedures related to committing any of the crimes stipulated in this law. Whoever discloses or reveals the identity of the smuggled immigrant or witness that exposes him to danger or harms him, facilitates contact with him, or provides him with incorrect information about his legal rights with the intention of harming him or violating his physical, psychological or mental integrity, shall be punished by the same penalty.
The Foundation believes that some plans and policies of the state, its agencies, and its institution must be modified to combat this exacerbating phenomenon, including: -
- The Council of Ministers for a national project aims to develop and develop the capabilities of young people in the field of various trades with the aim of creating new job opportunities in the field of micro-enterprises to motivate young people not to resort to migrations, especially illegal immigrants, or to provide them with the skills required for the foreign labor market and then enable them to travel in a legitimate and organized manner.
- Transforming the National Committee for Combating Illegal Migration into a permanent institutional body, provided that it opens communication channels with the public through social media channels with the aim of raising awareness of the dangers of illegal immigration operations.
- The Ministry of Strong activates employment fairs outside the capital, especially in the governorates that witness high cases of illegal immigration, with the aim of networking with those seeking employment with job seekers in all governorates.
- The Ministry of Interior developed effective strategic plans to confront the phenomenon before its occurrence by publishing all methods of communication with it to report on immigration brokers, implementers and youth gatherers for illegal immigration, with the announcement of whistleblower protection programs in all media
- The bodies and bodies supervising religious institutions conduct monthly seminars and sermons, especially in places where illegal immigration is widespread, about the dangers of this phenomenon and its religious and moral violation.
- The Ministry of Investment organizes incentive programs for investors with the aim of creating real job opportunities for a large number of young people.
- The civil society played a role in opposing this phenomenon by providing awareness programs on the dangers of illegal migration for families and youth nationwide, with a focus on areas with high intensity in the migration processes.
- Civil society institutions implement training and rehabilitation activities for young people on various handicrafts, while civil society institutions implement rehabilitation programs for young victims of illegal immigration trips.
- The private sector undertakes its societal role in providing suitable job opportunities for youth.
- The media include the issue of illegal immigration on his map more extensively, by comprehensively addressing this file by reviewing the reasons driving them while refuting these reasons, reviewing the risks to which the immigrant is exposed and which youth may sometimes underestimate, and presenting the alternatives and opportunities available in Egypt To improve the standard of living and income, enhance the spirit of belonging and respect for work among young people, present the successful experiences of young people who were able to achieve their dreams in Egypt or even abroad, but through legal methods, in a dramatic and cinematic form that attracts the audience.
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