Also concerned that the smuggling of migrants can endanger the lives or
security of the migrants involved,
Recalling General Assembly resolution 53/111 of 9 December 1998, in
which the Assembly decided to establish an open-ended intergovernmental ad
hoc committee for the purpose of elaborating a comprehensive international
convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing illegal trafficking in
and transporting of migrants, including by sea,
Convinced that supplementing the United Nations Convention against
Transnational Organized Crime with an international instrument against the
smuggling of migrants by land, sea and air will be useful in preventing and
combating that crime,
Have agreed as follows:
I. General provisions
Article 1. Relation with the United Nations Convention against
Transnational Organized Crime
1. This Protocol supplements the United Nations Convention against
Transnational Organized Crime. It shall be interpreted together with the
Convention.
2. The provisions of the Convention shall apply, mutatis mutandis, to
this Protocol unless otherwise provided herein.
3. The offences established in accordance with article 6 of this Protocol
shall be regarded as offences established in accordance with the Convention.
Article 2.
Statement of purpose
The purpose of this Protocol is to prevent and combat the smuggling of
migrants, as well as to promote cooperation among States Parties to that end,
while protecting the rights of smuggled migrants.
Article 3.
Use of terms
For the purposes of this Protocol:
(a) “Smuggling of migrants” shall mean the procurement, in order to
obtain, directly or indirectly, a financial or other material benefit, of the illegal
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