EC/50/SC/CRP.17
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6.
Interception has been discussed within the context of a number of processes and consultations,
in particular at the regional level, with a focus inter alia on combating irregular migration. These include
the Asia-Pacific Consultation (APC), the South Asian Association for Regional Cooperation (SAARC), the
Inter-Governmental Consultations (IGC), the Budapest Process in Europe, and the Regional Conference
on Migration (“Puebla Process”) in the Americas.
7.
Initiated in 1991, the Budapest process created a structured framework between the European
Union and Central and Eastern European countries for the prevention of irregular migration and related
control issues. This process resulted in the adoption of recommendations inter alia relating to pre-entry
and entry controls, return and readmission, information exchange, technical and financial assistance and
measures to combat organized crime with regard to trafficking and smuggling of persons. In Latin
America, within the framework of the Regional Conference on Migration, Member States have been
discussing programmes for the return of undocumented migrants from outside the region to countries of
origin with the assistance of the International Migration for Migration (IOM), in particular those intercepted
on boats in international waters.
8.
Other examples of a comprehensive approach are provided by the country-specific action plans
of the European Union’s High Level Working Group on Asylum and Migration (HLWG). These plans
address the phenomenon of composite flows and comprise a number of elements relating to the root
causes of migratory and refugee movements. They also contain control measures to combat irregular
migration, such as increasing the number and effectiveness of airline liaison officers and immigration
officials posted abroad.
9.
The issue of combating smuggling and trafficking of persons has also featured prominently on the
agenda of the European Union and of several international organizations, including the Council of
Europe, the Organization for Security and Cooperation in Europe (OSCE), the International Organization
for Migration (IOM), the Inter-Parliamentary Union, and several United Nations agencies, such as the
International Labour Organization (ILO)
B. Interception and State Practice
(i)
Defining interception
10.
An internationally accepted definition of interception does not exist. Its meaning has to be
derived from an examination of past and current State practice. For the purpose of this paper,
interception is defined as encompassing all measures applied by a State, outside its national territory, in
order to prevent, interrupt or stop the movement of persons without the required documentation crossing
international borders by land, air or sea, and making their way to the country of prospective destination.
(ii)
Description of interception practices
2
11.
Interception of undocumented or improperly documented persons has taken place for many
years, in a variety of forms. Although interception frequently occurs in the context of large-scale
smuggling or trafficking of persons, it is also applied to individuals who travel on their own, without the
assistance of criminal smugglers and traffickers.
12.
The practice can occur in the form of physical interception or - as it is sometimes called interdiction of vessels suspected of carrying irregular migrants or asylum-seekers, either within territorial
waters or on the high seas. Some countries try to intercept boats used for the purpose of smuggling
migrants or asylum-seekers as far away as possible from their territorial waters. Following the
interception, passengers are disembarked either on dependent territories of the intercepting country, or
2
In this paper, the term “undocumented” or “improperly documented” persons refers to those who are not in
possession of the required documentation for travel to and entry into the country of intended destination.