1. Main Theme of the Course
The Effective Administration of Criminal Justice to Tackle Trafficking in Human Beings and Smuggling of Migrants.

2. Rationale
The situation of trafficking in human beings and smuggling of migrants has become more and more serious these days.

Many factors have been pointed out as the causes of this situation, such as the root causes of poverty, economic disparity in developing countries, the unstable situation of a country caused by conflicts, civil wars, terrorism, political persecution and natural calamities like drought. The globalization in transportation, communication and commerce should be noted as one of the major factors contributing to widespread trafficking and smuggling throughout the world. Moreover, transnational organized crime groups have been heavily involved in trafficking and smuggling, and they have been making huge profits from these activities.

Trafficking and smuggling not only disrupt the established immigration policies of the destination countries, but also pose a threat to the fundamental rights of the persons concerned. The exploitative nature of the trafficking in human beings often amounts to a modern form of enforced servitude, with forced prostitution ranking highest among the means of exploitation.

In recognition of the gravity of the above-mentioned situation, the international community has been taking steps against it in recent years. In 1999, the Global Programme against Trafficking in Human Beings was designed by the Centre for International Crime Prevention (CICP) in collaboration with the United Nations Interregional Crime and Justice Research Institute (UNICRI).

In November 2000, the General Assembly of the United Nations adopted the United Nations Convention against Transnational Organized Crime (hereinafter referred to as "the TOC Convention"). The TOC Convention is accompanied by its three protocols, two of which were adopted on the same day with the TOC Convention, i.e., "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children" and "Protocol Against the Smuggling of Migrants by Land, Sea and Air."

The TOC Convention was opened for signature by Member States in December 2000 in Palermo, Italy. More than 120 countries attended the Conference and signed the TOC Convention, which will be open for signature until 12 December 2002, in New York, USA.

As suggested in the above-mentioned international instruments and other international forums, trafficking and smuggling are complex and multifaceted problems. Respective countries and the international community should deal with these problems by alleviating the root causes, by raising awareness of dangers of trafficking and smuggling, by effective immigration control, and by effective criminal justice administration. International co-operation among countries of origin, transit and destination should be encouraged.

Effective tools in the criminal justice system to tackle trafficking and smuggling, especially conducted by transnational organized crime groups, are suggested in the TOC Convention, such as electronic surveillance, immunity, and witness protection programmes. Victims of trafficking and smuggling, who may be considered in violation of immigration laws, should be adequately protected and supported, as trafficking and smuggling have exploitative natures, and their assistance is crucial for successfully prosecuting the traffickers and smugglers.

UNAFEI, as a regional institute affiliated with the United Nations for the prevention of crime and the treatment of offenders, has been undertaking a series of international training courses and seminars under the general theme of "transnational organized crime." This course is part of UNAFEI's continuing commitment to this internationally important theme, especially focusing on the two protocols concerning trafficking and smuggling.

3. Objectives
Giving due consideration to the above rationale, this training course purports to: (1) analyse the current situation and causes of trafficking in human beings and smuggling of migrants; (2) identify current problems in the detection, investigation, prosecution and punishment of the said offenders, and solutions for them; and (3) explore the effective ways to tackle trafficking and smuggling. Particular focus will be given to the effective implementation of the two protocols concerning trafficking and smuggling. Sharing practical information and experiences on how other countries tackle our common issues will facilitate our efforts in tackling trafficking and smuggling.

In the discussion of this course, focus will be placed on the following elements:
(1) Overview of the current situation of trafficking and smuggling.
(a) Modus Operandi and routes of trafficking and smuggling
(b) Forms of exploitation of trafficked and smuggled people
(2) Analysis of the causes of trafficking and smuggling
(3) Components and legal frameworks for tackling trafficking and smuggling, and their best practices:
(a) Border control and travel documents
(b) Law enforcement
(c) Prosecution
(d) Court
(e) Legislative issues, e.g. criminalization of trafficking and smuggling
(f) International cooperation