Mrs Amna Imran Khan Deputy Secretary Ministry of Interior HUMAN TRAFFICKING TRAFFICKING SITUATION IN PERSONS: AN OVERVIEW OF THE Human trafficking has become a global business, reaping huge profits for traffickers and organized crime syndicates, generating massive human rights violations, and causing serious problems for governments. Despite the magnitude of the problem, however, it has only recently seized the attention of policy makers. Over the years trafficking in human beings has become a global phenomenon, leaving no country immune to it. According to the International Organization for Migration (IOM) global trafficking generates up to 8 billion US dollars every year, making it the third largest International Organization Crime after arms and drugs trafficking. The United Nations has taken an important step by coordinating an international response to trafficking. The General Assembly has adopted instruments against this crime. Various UN agencies like UNICEF, ILO, UNDP, UNODC are active in AntiTrafficking activities. Pakistan has been facing the brunt of human trafficking for quite some time. The present government realized the gravity of the situation, and initiated a number of proactive measures to combat this challenge. Prior to 2002, there was no specific law in Pakistan to deal with the offences related to trafficking in persons, including women and children. Various local laws were being applied both against the culprits involved and for the security and welfare of the victims of trafficking, as there were no provisions catering to this situation. In order to meet the national and international requirements and obligations, the present Government of Pakistan promulgated a comprehensive law and a set of rules to overcome the menace of trafficking in all its forms and manifestations called Prevention & Control of Human Trafficking Ordinance (P&CHTO) 2002 and rules. It clearly differentiates trafficking from other offences and defines it as under: - 1 Definition “Human trafficking means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes laid down by law.” Rules under PCHTO 2002 have also been notified in 2005 and mainly relate to the protection of victims of human trafficking, especially vulnerable groups, including women and children. However before proceeding further in the matter let us differentiate between trafficking and smuggling for which it is essential to first understand the concept of migration. The following diagram explains the dimensions of regular and irregular migration leading to trafficking/smuggling situations. 2 Poverty and gender discrimination are two major factors that contribute towards human trafficking in Pakistan. In addition, there are other contributing factors such as illiteracy, lack of knowledge/information and increasing population pressures. The globalisation of the world economy and the increasing competition in the industrial sector have created a high demand for cheap labour from developing countries that lead to situations where the poor are trapped and manipulated by traffickers. Given below are lists of factors that influence human trafficking 3 The process and flow of trafficking can be clearly understood through the following diagram which explains the whole scenario of trafficking from the source to the destination. 4 The consequences of Human Trafficking The consequences of human trafficking can be observed at two levels i.e. at the victim level and at the country level. At the Victim level Human trafficking has devastating repercussions on the physical, mental and psychological disposition of the victim, that is if s/he is able to come out of a trafficking situation alive. The victim suffers serious human rights violations. At the Country Level Human trafficking creates security hazards for a country also as the traffickers and their victims are made to travel on forged/fake documents. The illegal entry of trafficked victims into a country implies a breach of laws and intrusion into the national borders of a country by illegal border crossings. In addition to this, trafficking is generally linked to trans-national organised criminal networks and is also invariably connected with drugs and arms trafficking. It therefore poses serious threats to a country’s national security as well. Keeping in perspective the harmful effects of trafficking at the individual as well as the national and international level, the government has decided to take a firm and resolute stand against this trans-national crime. The Ministry of Interior has assumed the lead role for eradicating this menace in all its forms and manifestations from Pakistan. It has taken a large number of steps to combat this crime. Starting with the criminalisation of this act in 2002 through an enactment called Prevention and Control of Human Ordinance, we have consolidated our response strategy through a series of policy, administrative, legal, institutional and technical measures. The notification of the National Plan of Action is an important stride in the direction to further solidify our efforts. The Ministry of Interior is charged with the responsibilities of providing protection, security and a peaceful and enabling environment to the citizens of Pakistan. The Ministry of Interior is not alone in its crusade against this crime which also transcends international borders. The security, 5 magnitude, diversity, complexity and devastating impact of illegal migration, both human smuggling and human trafficking, cannot be denied or underestimated. In order to effectively deal with this menace an integrated approach to combat human trafficking is required based on prevention, prosecution of traffickers, and protection for the victims. The Ministry of Interior has taken a very wide range of policy, legal, administrative and technical measures to reduce and eventually eradicate human trafficking from Pakistan. These are briefly stated as under: - SYNOPSIS OF STEPS TO COMBAT HUMAN TRAFFICKING Policy level ♦ Conceptual clarity: Trafficking Vs Smuggling. ♦ National Plan of Action. ♦ National Inter-Ministerial Committee for Policy. ♦ Migration Management Policy under process. ♦ Establishment of NADRA to control documentary fraud, forgery and impersonation. ♦ Immigration & Passport to control passport fraud. ♦ Establishment of NARA for registration of Aliens. Legislative/legal Level The first essential step was enacting appropriate and comprehensive counter trafficking legislation and instituting an effective law enforcement mechanism. Human trafficking has been criminalized through the enactment of the Prevention and Control of Human Trafficking Ordinance 2002 (PCHTO 2002) Salient Features of P&CHTO 2002 i. It clearly defines the offence of human trafficking in all its forms and manifestations (Section-2). 6 ii. All offences under this Ordinance have been declared cognisable, nonbailable & non-compoundable. (Section-8). iii. It provides a mechanism for the security and welfare of the victims of trafficking with the assistance of NGOs (Rule-4). iv. It provides compensation to victims (Section-6). v. It provides severe punishments against the offenders, repeaters and organised gangs, which may extend to a maximum punishment of 14 years (Section-3). The Government of Pakistan has also notified Rules under this Ordinance called Prevention & Control of Human Trafficking Rules 2005, which provide guidelines for dealing with issues relating to support to the victim. Previous Laws (Foreigners Act 1946, Emigration Ordinance 1979, Passport Act 1974, Exit from Pakistan Control Ordinance 1981, PPC, etc) covered only human smuggling and related offences. Further amendments to improve the law under process, these include expansion of the definitions of “victim” and “fake agent”. Another feature is the creation of Special courts. Administrative Steps Formation of National Inter-ministerial Committee on Human Trafficking headed by the Minister for Interior, for policy making. Inter-ministerial Committee on Human Trafficking headed by the Secretary Ministry of Interior, for inter-agency coordination. Establishment of a national sub-committee for oversight of implementation of decisions taken by the National Committee. Establishment of a Steering Committee on Human Trafficking headed by the Additional Secretary, Ministry of Interior. Establishment of Inter-Agency Task Force headed by DG FIA, consisting of members of all law enforcement agencies. Anti-Trafficking Units have been established at all zonal headquarters to register cases under PCHTO 2002, with a central ATU Monitoring & Coordination Cell at the FIA HQs. 7 Capacity building and training of law enforcement officers. Initiation of a public awareness campaign. A website to create public awareness against human trafficking and a help line have been established by the FIA. 9 Anti-Human Trafficking Cell The latest important intervention is the establishment of the ANTI-HUMAN TRAFFICKING CELL in the Ministry of Interior as a national nerve centre to coordinate efforts, conduct research and to collect, collate, disseminate and analyse data for generating policy parameters. The Cell monitors progress and disseminates information to all stakeholders including international partners. 9 Capacity building of LEAs. ) Training ) Equipment ) Increase in manpower. ) New passport cells. 9 Awareness Campaign # Print Media # Seminars/Workshops 9 Raids (based on reliable information) on hotels, Inns & Guest houses, bus stands, railway stations etc. 9 Action against Camel Jockeys. 9 Electronic Border Pass. 9 Focus on border areas. 9 Indexation of National Database. 9 Human trafficking Intelligence Gazette. 9 Case Monitoring System. 9 Immigration Monitoring System. 9 SOP Travel Guide for Passengers. 9 Investigation Manual. 8 Technical Level A comprehensive technical package has been developed to control document fraud, forgery and impersonation, and to ensure automation and speedy processing at various checkpoints. Technical Measures a. Establishment of Personal Identification Secure Comparison Evaluation System (PISCES) at all major air, land and sea routes/checkpoints. b. To control document fraud computerised National Identity Cards have been issued replacing the old manual NIC. c. Similarly, a new Machine Readable Passport is also now being issued in lieu of the manual passport. d. An Automated Finger Impression System (AFIS) is also being created, instituting biometric features. e. Installation of forgery detection equipment at checkpoints. f. Replacement of manual border passes (rahdaris) by computerised border passes is also planned. CONCLUSION The Government of Pakistan is cognisant of the challenges that human trafficking poses and is committed to take up initiatives that address the problem at the international, national and regional levels. Trafficking is not just a complex phenomenon but is an invisible crime. Although more efforts are needed to combat human trafficking the Government has, within a very short span of time, not only devised a multi pronged strategy but also implemented it in letter and spirit. The international community has appreciated the steps taken by Pakistan against human trafficking. The US State Department annually publishes a “Trafficking In Persons Report”, which categorizes countries in three tiers or levels according to their performance in anti trafficking activities. Pakistan was placed in tier 2 Watch List in 2004 and due to the remarkable improvements made in anti trafficking initiatives, Pakistan was removed from the Watch List in 2005. The latest US “Trafficking in Persons Report” presented to the US Congress in June 2006 by the US Secretary of State Condoleezza Rice has lauded Pakistan’s efforts in combating human trafficking. 9 It is also worth mentioning that the UK Immigration authorities have removed Pakistan from “High Priority Risk” to “Low Priority Risk” status. 10 COMAPARATIVE STATEMENTS WITH OTHER COUNTRIES OF THE REGION o o o Pakistan (Tier-2) National Action Plan Dedicated Law Enforcement Agency. i.e. FIA dealing with Human Trafficking Cases Investigated-765 cases. 9 Prosecuted 448 9 92 Traffickers convicted India (Tier-2 Watch List) Nil Bangladesh (Tier-2) Nil Afghanistan (Tier-2) Nil Iran (Tier-3) Nil Turkey (Tier-2) Nil Nil Nil Nil Nil Nil No Statistics Provided by India 9 Prosecuted 87 Cases 9 36 Traffickers convicted 9 Prosecuted 4 Nil 9 Investigated 166 cases. 9 Prosecuted 48 Greece (Tier-2) Nil Anti-Trafficking Task Forces 9 Investigated 60 cases 9 Convictions 9 cases. 11 12