МЕЖДУНАРОДНОЕ ПРАВО (последнее)
Illegal Migration and the Search for Adequate Countermeasures
Актуальные публикации по вопросам международного права и международных отношений.
In December 1996 the UN General Assembly adopted a Resolution on "Measures to Combat Illegal Transportation of Foreign Nationals". The world community has realised the dangers posed by illegal migration - for international and national security, for society and for individuals. The economic aspect is also very important: the transportation of "human cargoes" has become part of an illegal business, the profits of which together with drugs and weapons smuggling constitute the basis for the "dark" side of the black market economy and are linked with organised crime. According to experts' views, the annual income from illegal migration through the borders of the Commonwealth of Independent States (CIS) is 7-10 billion USD. Criminal organisations are expanding this profitable business, laying new transit routes to convey migrants and developing an appropriate infrastructure.
Belarus in the World has already addressed the subject of illegal migration through the border of the Republic of Belarus (RoB).1 This problem seriously arose in 1993-94 in the state. Generally, the reorientation of migrant flows occurred after the dissolution of the Soviet Union and the beginning of hostilities in the Balkans. A shift of illegal operations to the North was caused by the openness of borders between the Newly Independent States (NIS) and unpreparedness of the legal basis, as well as law enforcement agencies to combat this type of criminal activities.
Belarus attracted the specific interest of criminal organisations, because the border with Russia and Ukraine is not being protected. With regard to Belarus' geographical location, developed communications system in the "North-South" and "East-West" directions, the inadequacy of borders with the Baltic states, the godfathers of illegal migration began to actively open up our territory. According to operational reports, currently, approximately forty illegal transit networks operate on the territory of the RoB. According to the same source, about 100,000 illegal migrants have accumulated in our country, awaiting transportation across the border. Additionally, half a million of them are in the adjoining areas of Russia and the Ukraine. Although the appropriate services of Belarus still control the situation, it is obvious that illegal migration is a time-bomb, capable of causing damage both to the country of destination and a transit state.
Analysis of the operational situation, constantly conducted by the appropriate services of the RoB, as well as border troops, made it possible to reveal the strategy and tactics of the international criminal groupings that organise the transportation of "human cargoes" through the territory of our country. Most migrants are Afro-Asian (more than 70 %), and refugees from the Near and Middle East (about 15%). The main routes of illegal transit go through Russia, Ukraine, Belarus, Poland, Lithuania, and Latvia. The West-European states, the USA and Canada are the final destination. Both illegal criminal groupings, legal commercial structures, and banks participate in the operations associated with the transportation of people. They are well-organised, concealed communities, having considerable financial resources, appropriate informational and technical support at their disposal, as well as special organisations, analysing changes in the political situation, methods of work of state agencies, and the border protection regime. Illegal groupings are organised on the basis of functional responsibilities. They have their own emissaries in the neighbouring areas, a co-ordinated plan for money flow and legalisation of documents. Recently we have been monitoring the movement of a group of illegal migrants from Sri Lanka. The organisers of this operation allocated 120,000 USD for its implementation. It is characteristic that the money transfer was conducted officially via banks.
(It is worth mentioning that in the first illegal operations the flow of money and people was simultaneous; now they move along different channels). An infrastructure for illegal transit was set up in the course of two to three years. The analysis of recent ope-rations has revealed a rather serious refining of the procedures - the route, use of transport, methods of border crossing, i.e. professionalisation in this sphere of organised crime is taking place as well. We have proof that former employees of special services, law enforcement agencies of the migrants' home countries supervise, develop and arrange operations. In the past many of them received training in closed schools of the Ministry of Defence, Ministry of Interior of the USSR, and the KGB. They speak Russian and have connections in the CIS countries. In their operations they skilfully use the methods of conducting intelligence and counterintelligence.
As a rule, these criminal communities are set up on the basis of nationalities thereby contributing to the concealment of operations and lessening the chances of penetrating into an ethnic clan. Presently Afghani, Pakistani, Turkish, Vietnamese and Sri Lankan clans are most effective and are organised in the best way.
In this regard, activities of Afghani groupings on the territory of Belarus is a typical example. The civil war in Afghanistan caused several waves of emigration and currently a large Afghani ethnic community lives in Belarus, moving eventually to the West. It is composed of groups dealing with the illegal transportation of weapons and drugs. Incidentally, the need for considerable investment in the the transportation of "human cargoes" has made the narcotics trade within the clans more active and consequently aggravated the criminal situation in Belarus. As a rule, such ethnic clans are characterised by disregard of the laws of the recipient country striving for the creation of a community, uncontrollable by the authorities. A specific special group (approximately 50 people) acts within the Afghani community. It deals with racketeering, holding hostages to ransom, providing security for the illegal migration channels. Further, it should be taken into account that many migrants have taken part in hostilities in their home countries. They have the skills of subversive and terrorist activities. Being accumulated in transit countries, they form a potentially dangerous critical mass. While the countries of intended destination have a more or less developed basis for legal, economic and forceful countermeasures, it is difficult for the NIS to contain illegal movement using their own resources and to oppose the groupings, because they are burdened with socio- economic problems of their own. This situation will sooner or later affect the socio-economic situation in Western Europe and Scandinavia - the "Promised Land" for the Afro-Asian emigration. Meanwhile, there is an alarming tendency: the destination countries are actually trying to shift the burden of combating illegal migration on to the transit countries. The latter are currently incapable of investing considerable funds in the organisation of the appropriate border infrastructure and an effective re-admission system.
There is, of course, a number of international agreements and projects aimed at closing the channels of illegal migration. The RoB is involved in most of them, developing cooperation with the appropriate organisations, such as the United Nations (UN), the Organisation for Security and Cooperation in Europe (OSCE), the International Migration Organisation (IMO), the CIS, as well as international law enforcement systems. Unilaterally, a series of radical measures were taken: the rules for foreigners staying in the country have been toughened, actions of border troops and special services aimed at suppressing all types of smuggling have become more effective, the legislation is being improved. But another point is obvious as well: the internal capabilities of the RoB are limited. While we are capable of safeguarding national interests, it is becoming more and more difficult for us to provide financing to combat illegal transit to the West. I note that a detained illegal migrant costs the state 300 USD a day. Time will come, however, when public opinion will demand an explanation as to why we are solving the problems that are a menace to the West using only our own resources. Moreover, the predictions for future migration are rather pessimistic. Our analysts believe that the following scenario is most probable... The socio-economic instability in the migrants' home countries will persist for more than a decade, causing emigration. The CIS countries are right in the process of developing national security systems, which will take time to effectively prevent the transit of illegal immigration. With due regard to all above mentioned, the countries of the West will toughen their entry regulations, consigning the East- European nations to the role of the so-called migrant sink hole.
On the other hand, ethnic criminal communities are becoming international and multifaceted (smuggling and trafficking in drugs and weapons, illegal migration, penetrating commercial and financial organisations in the host countries, expanding black market business). All this is sure to affect the political situation in the transit countries and will lead to worsening of the situation. In this case it is not difficult to predict serious problems for the systems of pan- European security, since the direction of the immigration flow is towards the West. The main reason for the efflux is economic instability and the transit countries are unlikely to meet the migrants' needs. There is no alternative to the western direction and therefore all states concerned should jointly conduct the search for an adequate solution. Attempting to resolve the problem purely on a local basis will only aggravate it.
The RoB has currently found itself in the epicenter of this process. For this particular reason we can talk about new trends in the development of illegal migration and about new challenges for national security. The strategy of migration the business - expansion of the transportation of "human cargoes" with the simultaneous increase in the amount of drugs traffic - is long-term. Even now an attempt to provide legal cover for these operations in several directions is obvious:
(1) Work under the "cloak" of commercial organisations in the transit countries.
(2) Obtaining documents legalising staying in the RoB and consequently, the right to official departure to the West. In particularly one example of this, is the training of foreign students in Belarusian colleges.
(3) Organisation and expansion of the national and ethnic communities in the RoB. Lately, Armenian groupings have become especially active, since the socio-economic crisis in Armenia caused a new wave of emigration along the route Russia-Belarus-the West. The Armenian groups that have settled down in Brest near the Belarusian-Polish border control this transit line. We have information concerning their involvement in the trafficking of children from Armenian families. By the way, this grouping's activity confirms the above thesis on the joint countermeasures against illegal migration along the whole chain of events - from the home country to the state of destination. Transportation and trafficking of children is conducted under the following scheme: the groups are formed in Armenia on the pretext of a visit for health rehabilitation, delivered to Belarus by airplane, from here conveyed to Poland, where they are sold to customers from Germany.
All these "innovations" have resulted in making illegal transit channels better protected. Additionally, a considerable proportion of migrants do not go through unpatrolled crossing points. The go legally through control posts using reliably forged documents. A big share of the profits from illegal business is directed to bribing officials of the law enforcement agencies of the countries through which the transportation of "human cargoes" is taking place.
In summary, I would like to emphasise the following economic discrepancies between the countries of the first and the third world are growing. Instability of the latter will continue to be the cause of illegal migration for a long time. Turning the transit countries into staging posts and migrant settling tanks will sooner or later destabilise the situation in the affluent West as well. The international nature of illegal business requires international countermeasures. This system is still at an early stage of development and is still losing the battle against the criminal community.
_________________________
1 Gennady Narkevich, "Illegal Immigration and European Security", Belarus in the World, 1996, No 2, p. 56.
Belarus in the World has already addressed the subject of illegal migration through the border of the Republic of Belarus (RoB).1 This problem seriously arose in 1993-94 in the state. Generally, the reorientation of migrant flows occurred after the dissolution of the Soviet Union and the beginning of hostilities in the Balkans. A shift of illegal operations to the North was caused by the openness of borders between the Newly Independent States (NIS) and unpreparedness of the legal basis, as well as law enforcement agencies to combat this type of criminal activities.
Belarus attracted the specific interest of criminal organisations, because the border with Russia and Ukraine is not being protected. With regard to Belarus' geographical location, developed communications system in the "North-South" and "East-West" directions, the inadequacy of borders with the Baltic states, the godfathers of illegal migration began to actively open up our territory. According to operational reports, currently, approximately forty illegal transit networks operate on the territory of the RoB. According to the same source, about 100,000 illegal migrants have accumulated in our country, awaiting transportation across the border. Additionally, half a million of them are in the adjoining areas of Russia and the Ukraine. Although the appropriate services of Belarus still control the situation, it is obvious that illegal migration is a time-bomb, capable of causing damage both to the country of destination and a transit state.
Analysis of the operational situation, constantly conducted by the appropriate services of the RoB, as well as border troops, made it possible to reveal the strategy and tactics of the international criminal groupings that organise the transportation of "human cargoes" through the territory of our country. Most migrants are Afro-Asian (more than 70 %), and refugees from the Near and Middle East (about 15%). The main routes of illegal transit go through Russia, Ukraine, Belarus, Poland, Lithuania, and Latvia. The West-European states, the USA and Canada are the final destination. Both illegal criminal groupings, legal commercial structures, and banks participate in the operations associated with the transportation of people. They are well-organised, concealed communities, having considerable financial resources, appropriate informational and technical support at their disposal, as well as special organisations, analysing changes in the political situation, methods of work of state agencies, and the border protection regime. Illegal groupings are organised on the basis of functional responsibilities. They have their own emissaries in the neighbouring areas, a co-ordinated plan for money flow and legalisation of documents. Recently we have been monitoring the movement of a group of illegal migrants from Sri Lanka. The organisers of this operation allocated 120,000 USD for its implementation. It is characteristic that the money transfer was conducted officially via banks.
(It is worth mentioning that in the first illegal operations the flow of money and people was simultaneous; now they move along different channels). An infrastructure for illegal transit was set up in the course of two to three years. The analysis of recent ope-rations has revealed a rather serious refining of the procedures - the route, use of transport, methods of border crossing, i.e. professionalisation in this sphere of organised crime is taking place as well. We have proof that former employees of special services, law enforcement agencies of the migrants' home countries supervise, develop and arrange operations. In the past many of them received training in closed schools of the Ministry of Defence, Ministry of Interior of the USSR, and the KGB. They speak Russian and have connections in the CIS countries. In their operations they skilfully use the methods of conducting intelligence and counterintelligence.
As a rule, these criminal communities are set up on the basis of nationalities thereby contributing to the concealment of operations and lessening the chances of penetrating into an ethnic clan. Presently Afghani, Pakistani, Turkish, Vietnamese and Sri Lankan clans are most effective and are organised in the best way.
In this regard, activities of Afghani groupings on the territory of Belarus is a typical example. The civil war in Afghanistan caused several waves of emigration and currently a large Afghani ethnic community lives in Belarus, moving eventually to the West. It is composed of groups dealing with the illegal transportation of weapons and drugs. Incidentally, the need for considerable investment in the the transportation of "human cargoes" has made the narcotics trade within the clans more active and consequently aggravated the criminal situation in Belarus. As a rule, such ethnic clans are characterised by disregard of the laws of the recipient country striving for the creation of a community, uncontrollable by the authorities. A specific special group (approximately 50 people) acts within the Afghani community. It deals with racketeering, holding hostages to ransom, providing security for the illegal migration channels. Further, it should be taken into account that many migrants have taken part in hostilities in their home countries. They have the skills of subversive and terrorist activities. Being accumulated in transit countries, they form a potentially dangerous critical mass. While the countries of intended destination have a more or less developed basis for legal, economic and forceful countermeasures, it is difficult for the NIS to contain illegal movement using their own resources and to oppose the groupings, because they are burdened with socio- economic problems of their own. This situation will sooner or later affect the socio-economic situation in Western Europe and Scandinavia - the "Promised Land" for the Afro-Asian emigration. Meanwhile, there is an alarming tendency: the destination countries are actually trying to shift the burden of combating illegal migration on to the transit countries. The latter are currently incapable of investing considerable funds in the organisation of the appropriate border infrastructure and an effective re-admission system.
There is, of course, a number of international agreements and projects aimed at closing the channels of illegal migration. The RoB is involved in most of them, developing cooperation with the appropriate organisations, such as the United Nations (UN), the Organisation for Security and Cooperation in Europe (OSCE), the International Migration Organisation (IMO), the CIS, as well as international law enforcement systems. Unilaterally, a series of radical measures were taken: the rules for foreigners staying in the country have been toughened, actions of border troops and special services aimed at suppressing all types of smuggling have become more effective, the legislation is being improved. But another point is obvious as well: the internal capabilities of the RoB are limited. While we are capable of safeguarding national interests, it is becoming more and more difficult for us to provide financing to combat illegal transit to the West. I note that a detained illegal migrant costs the state 300 USD a day. Time will come, however, when public opinion will demand an explanation as to why we are solving the problems that are a menace to the West using only our own resources. Moreover, the predictions for future migration are rather pessimistic. Our analysts believe that the following scenario is most probable... The socio-economic instability in the migrants' home countries will persist for more than a decade, causing emigration. The CIS countries are right in the process of developing national security systems, which will take time to effectively prevent the transit of illegal immigration. With due regard to all above mentioned, the countries of the West will toughen their entry regulations, consigning the East- European nations to the role of the so-called migrant sink hole.
On the other hand, ethnic criminal communities are becoming international and multifaceted (smuggling and trafficking in drugs and weapons, illegal migration, penetrating commercial and financial organisations in the host countries, expanding black market business). All this is sure to affect the political situation in the transit countries and will lead to worsening of the situation. In this case it is not difficult to predict serious problems for the systems of pan- European security, since the direction of the immigration flow is towards the West. The main reason for the efflux is economic instability and the transit countries are unlikely to meet the migrants' needs. There is no alternative to the western direction and therefore all states concerned should jointly conduct the search for an adequate solution. Attempting to resolve the problem purely on a local basis will only aggravate it.
The RoB has currently found itself in the epicenter of this process. For this particular reason we can talk about new trends in the development of illegal migration and about new challenges for national security. The strategy of migration the business - expansion of the transportation of "human cargoes" with the simultaneous increase in the amount of drugs traffic - is long-term. Even now an attempt to provide legal cover for these operations in several directions is obvious:
(1) Work under the "cloak" of commercial organisations in the transit countries.
(2) Obtaining documents legalising staying in the RoB and consequently, the right to official departure to the West. In particularly one example of this, is the training of foreign students in Belarusian colleges.
(3) Organisation and expansion of the national and ethnic communities in the RoB. Lately, Armenian groupings have become especially active, since the socio-economic crisis in Armenia caused a new wave of emigration along the route Russia-Belarus-the West. The Armenian groups that have settled down in Brest near the Belarusian-Polish border control this transit line. We have information concerning their involvement in the trafficking of children from Armenian families. By the way, this grouping's activity confirms the above thesis on the joint countermeasures against illegal migration along the whole chain of events - from the home country to the state of destination. Transportation and trafficking of children is conducted under the following scheme: the groups are formed in Armenia on the pretext of a visit for health rehabilitation, delivered to Belarus by airplane, from here conveyed to Poland, where they are sold to customers from Germany.
All these "innovations" have resulted in making illegal transit channels better protected. Additionally, a considerable proportion of migrants do not go through unpatrolled crossing points. The go legally through control posts using reliably forged documents. A big share of the profits from illegal business is directed to bribing officials of the law enforcement agencies of the countries through which the transportation of "human cargoes" is taking place.
In summary, I would like to emphasise the following economic discrepancies between the countries of the first and the third world are growing. Instability of the latter will continue to be the cause of illegal migration for a long time. Turning the transit countries into staging posts and migrant settling tanks will sooner or later destabilise the situation in the affluent West as well. The international nature of illegal business requires international countermeasures. This system is still at an early stage of development and is still losing the battle against the criminal community.
_________________________
1 Gennady Narkevich, "Illegal Immigration and European Security", Belarus in the World, 1996, No 2, p. 56.
Опубликовано 22 апреля 2014 года
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