Organized criminal activities have emerged as a significant driver of mass displacement on a global scale, with at least 1.2 million individuals forced from their homes in the past year. This troubling phenomenon was highlighted by Special Rapporteur Paula Gaviria Betancur in a recent report to the UN Human Rights Council in Geneva.
Gaviria Betancur’s report outlines the various facets of organized crime—such as trafficking, extortion, and territorial dominance by armed groups—that contribute to displacement, particularly in Central America, the Sahel, and Southeast Asia. The report also points out that these criminal organizations often exploit governmental vulnerabilities, sometimes with the tacit or explicit cooperation of authorities, thereby violating the human rights of displaced persons, including the rights to life, security, and property. For further context, the report observes how displacement in these situations often represents arbitrary movement, contravening international standards and perpetuating cycles of exploitation and impunity, as per her remarks.
The legal implications are profound, as states frequently rely on humanitarian law to justify military interventions, potentially contravening human rights law. The report advocates for leveraging the Guiding Principles on Internal Displacement and the UN Convention against Transnational Organised Crime to create more effective frameworks. Yet, existing mechanisms are often underutilized. Emphasis is also placed on ensuring that trafficking victims, including those coerced into crime, are treated with protection in mind rather than subject to prosecution.
The report offers a suite of recommendations: criminalize displacement linked to organized crime in domestic law, develop trauma-informed legal pathways for victims, and prioritize civilian safety over military responses. Additionally, addressing property disputes through robust land registries and enhancing cross-border cooperation to tackle transnational crime networks were recommended as vital steps.
These findings will significantly inform discussions at the Human Rights Council’s 59th session, which continues until July 11. The full report and additional insights can be accessed via the JURIST website.