Transnational Organised Crime

On 27 May 2004, Australia ratified the United Nations Convention Against Transnational Organised Crime (the Convention) and the Protocol against the Smuggling of Migrants by Land, Sea and Air (the Smuggling Protocol). 

The Convention provides a global approach to preventing and combating transnational organised crime.  The purpose of the Convention is to criminalise offences committed by organised criminal groups, to combat money laundering, and to facilitate international cooperation in the fight against transnational organised crime.  The Convention also enhances the effectiveness of domestic measures by providing a mechanism for cooperation with a wide range of other countries in preventing, detecting and prosecuting transnational crimes.  Australia participated in the First Conference of States Parties under the Convention from 28 June-9 July 2004.

The Smuggling Protocol is also a key element of a global approach to prevent and combat transnational organised crime.  The purpose of the Protocol is to prevent and combat people smuggling, to promote cooperation among States Parties to that end, and to protect the rights of smuggled migrants. 

Australia has extensive domestic policy and legislation designed to combat people smuggling.  Australia?s ratification of the Smuggling Protocol demonstrates Australia's commitment to working with other destination, transit and source countries on the issue.

In October 2003, Australia announced its intention to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (the Trafficking Protocol) subject to the passage of implementing legislation.  This implementing legislation will be introduced shortly. 

Ratification of all three of these instruments will form a comprehensive package of measures to combat transnational organised crime.  This will support Australia's work as co-chair of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime.  As co-chair with Indonesia of the of Bali Process, the Australian Government has taken an active role in promoting regional cooperation to break down the criminal networks responsible for transnational crime.  Australia and Indonesia issued co-chairs' statements after both Regional Ministerial Conferences held under the Bali Process encouraging states to ratify the Convention and Protocols.

In addition, some of the matters dealt with in the Convention complement measures that are already being taken in other international fora, such as the Financial Action Task Force on Money Laundering of the Organisation for Economic Cooperation and Development.

Links to:
Media release announcing ratification of the Convention and the People Smuggling Protocol
Text of the Convention and the Protocol on the UNODC website