HUMAN TRAFFICKING

By:
NOOR ALAM KHAN
Advocate Supreme Court of Pakistan &
Chairman, Voice of Prisoners
Member KPK Bar Council, Peshawar

Human trafficking is the prohibited trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children was adopted by the United Nations in Palermo, Italy in 2000, and is an international legal agreement attached to the United Nations Convention against Transnational Organized Crime. The Trafficking Protocol is one of three Protocols adopted to supplement the Convention.

The Protocol is the first global, legally binding instrument on trafficking in over half a century and the only one that sets out an agreed definition of trafficking in persons. The purpose of the Protocol is to facilitate convergence in national cooperation in investigating and prosecuting trafficking in persons. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights. The Trafficking Protocol defines human trafficking as:--

A. The recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

B. The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

C. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article;

D. "Child" shall mean any person under eighteen years of age

OVERVIEW AND DIFFERENTIATION

Trafficking is a profitable business. It has been acknowledged as the fastest growing criminal business in the world. It is second only to drug trafficking as the most profitable illegal industry in the world. In 2004, the total annual revenue for trafficking in persons were estimated to be between USD$5 billion and $9 billion.

In 2005, Patrick Belser of ILO estimated a global annual profit of $31.6 billion. In 2008, the United Nations estimated nearly 2.5 million people from 127 different countries are being trafficked into 137 countries around the world.

However, it is argued that many of these statistics are grossly inflated to aid advocacy of anti-trafficking NGOs and the anti-trafficking policies of governments. Due to the definition of trafficking being a process (not a singly defined act) and the fact that it is a dynamic phenomenon with constantly shifting patterns relating to economic circumstances, much of the statistical evaluation is flawed.

Human trafficking differs from people smuggling. In the latter, people voluntarily request or hire an individual, known as a smuggler, to covertly transport them from one location to another. This generally involves transportation from one country to another, where legal entry would be denied upon arrival at the international border. There may be no deception involved in the (illegal) agreement. After entry into the country and arrival at their ultimate destination, the smuggled person is usually free to find their own way.

While smuggling requires travel, trafficking does not. Much of the confusion rests with the term itself. The word "trafficking" includes the word "traffic," which means transportation or travel. However, while the words look and sound alike, they do not hold the same meaning.

Victims of human trafficking are not permitted to leave upon arrival at their destination. They are held against their will through acts of coercion and forced to work or provide services to the trafficker or others. The work or services may include anything from bonded or forced labor to commercialized sexual exploitation. The arrangement may be structured as a work contract, but with no or low payment or on terms which are highly exploitative. Sometimes the arrangement is structured as debt bondage, with the victim not being permitted or able to pay off the debt.

Bonded labor, or debt bondage, is probably the least known form of labor trafficking today, and yet it is the most widely used method of enslaving people. Victims become bonded laborers when their labor is demanded as a means of repayment for a loan or service in which its terms and conditions have not been defined or in which the value of the victims' services as reasonably assessed is not applied toward the liquidation of the debt. The value of their work is greater than the original sum of money "borrowed."

Forced labor is a situation in which victims are forced to work against their own will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted. Men are at risk of being trafficked for unskilled work, which globally generates $31bn according to the international Labor Organization. Forms of forced labor can include domestic servitude; agricultural labor; sweatshop factory labor; janitorial, food service and other service industry labor; and begging.

Sex trafficking victims are generally found in dire circumstances and easily targeted by traffickers. Individuals, circumstances, and situations vulnerable to traffickers include homeless individuals, runaway teens, displaced homemakers, refugees, job seekers, tourists, kidnap victims and drug addicts. While it may seem like trafficked people are the most vulnerable and powerless minorities in a region, victims are consistently exploited from any ethnic and social background.

The Russian Mafia promises unemployed women a job in the United States. Upon arrival in United States they take the females passport from her, show her photos of her family back home and threaten her family if she runs. She is forced to work as a stripper in a strip club that is a front for a prostitution ring. She is forced to strip as a way to meet John's for her prostitution work. She is forced into prostitution with the threat that her children, parents, grandparents, siblings, aunts, uncles and cousins will all be killed if she says no. This is how the drug cartels and mafias get the cooperation of the women all around the world. They threaten the female's family. This is how they make the woman compliant and take a professional female who is seeking a job and turn her into a prostitute. A job seeker who has not traveled outside of her nation, has lead a sheltered life is unaware the job recruiters are a front for the mafia or drug cartel recruiting women for prostitution. The jobs that are promised vary depending upon the nation, if the nation is a first world nation, third world nation, the job skills of the job seeker, the desires of the job seeker and the education level of the job seeker. There arc no real jobs, but the office looks real. The job seeker is told what they want to hear so they will agree to go with the agent. The job is what they want and the money is very high. Alternatively, a recruiter might go out into the community with business cards seeking applicants. There are no shortage of applicants in third world notions or the former Soviet Block Nations with high unemployment. Desperation for a job and the desire for a better life makes a female easy prey for the fake job recruiters who feed the women to the human traffickers.

Fake job offers are a common way to obtain women in Asia, the Former Soviet Block Nations and Latin America. Female tourists can be targeted as they are far from home and not likely to be missed quickly. A female tourist is vulnerable as she is moving around and no one back home is tracking her hourly movements.

Traffickers, also known as pimps or madams, exploit vulnerabilities and lack of opportunities, while offering promises of marriage, employment, education, and/or an overall better life. However, in the end, traffickers force the victims to become prostitutes or work in the sex industry. Various works in the sex industry includes prostitution, dancing in strip clubs, performing in pornographic films and pornography, and other forms of involuntary servitude.

Human trafficking docs not require travel or transport from one location to another, but one form of sex trafficking involves international agents and brokers who arrange travel and job placements for women from one country. Women are lured to accompany traffickers based on promises of lucrative opportunities unachievable in their native country. However, once they reach their destination, the women discover that they have been deceived and learn the true nature of the work that they will be expected to do. Most have been told false information regarding the financial arrangements and conditions of their employment and find themselves in coercive or abusive situations from which escape is both difficult and dangerous.

Child labour is a form of work that is likely to be hazardous to the physical, mental, spiritual, moral, or social development of children and can interfere with their education. The- International Labor Organization estimates worldwide that there are 246 million exploited children aged between 5 and 17 involved in debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade, and other illicit activities around the world.

CRIMINALIZATION OF HUMAN TRAFFICKING

The definition contained in Article 3 of the Trafficking in Persons Protocol is meant to provide consistency and consensus around the world on the phenomenon of trafficking in persons. Article 5 therefore requires that the conduct set out in Article 3 be criminalized in domestic legislation. Domestic legislation does not need to follow the language of the Trafficking in Persons Protocol precisely, but should be adapted in accordance with domestic legal systems to give effect to the concepts contained in the Protocol.

In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires criminalization also of:--

1. Attempts to commit a trafficking offence

2. Participation as an accomplice in such an offence

3. Organizing or directing others to commit trafficking.

National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The legislative definition should be dynamic and flexible so as to empower the legislative framework to respond effectively to trafficking which:--

1. Occurs both across borders and within a country (not just cross-border)

2. Is for a range of exploitative purposes (not just sexual exploitation)

3. Victimizes children, women and men (Not just women, or adults, but also men and children)

4. Takes place with or without the involvement of organized crime groups

HUMAN TRAFFICKING IN PAKISTAN

Pakistan is a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically forced labor and prostitution. The largest human trafficking problem is bonded labor, concentrated in the Sindh and Punjab provinces in agriculture and brick making, and to a lesser extent in mining and carpet-making. Estimates of bonded labor victims, including men, women, and children, vary widely, but are likely well over one million. In extreme scenarios, when laborers speak publicly against abuse, landowners have kidnapped laborers and their family members.

TRAFFICKING OF CHILDREN

Boys and girls are also bought, sold, rented, or kidnapped to work in organized, illegal begging rings, domestic servitude, prostitution, and in agriculture in bonded labor. Illegal labor agents charge high fees to parents with false promises of decent work for their children, who are later exploited and subject to forced labor in domestic servitude, unskilled labor, small shops and other sectors. Agents who had previously trafficked children for camel jockeying in the United Arab Emirates (UAE) were not convicted and continue to engage in child trafficking. Girls and women are also sold into forced marriages; in some cases their new "husbands" move them across Pakistani borders and force them into prostitution.

NGOs and police reported markets in Pakistan where girls and women are bought and sold for sex and labor. Non-state militant groups kidnap children or coerce parents with fraudulent promises into giving away children as young as 12 to spy, fight, or die as suicide bombers. The militants often sexually and physically abuse the children and use psychological coercion to convince the children that the acts they commit are justified

ABUSE

Many Pakistani women and men migrate voluntarily to the Persian Gulf States, Iran, Turkey, South Africa, Uganda, Greece, and other European countries for low-skilled employment such as domestic work, driving or construction work; once abroad, some become victims of labor trafficking. False job offers and high fees charged by illegal labor agents or sub-agents of licensed Pakistani Overseas Employment Promoters increase Pakistani laborers' vulnerabilities and some laborers abroad find themselves in involuntary servitude or debt bondage. Employers abroad use practices including restrictions on movement, non-payment of wages, threats, and physical or sexual abuse. Moreover, traffickers use violence, psychological coercion and isolation, often seizing travel and identification documents, to force Pakistani women and girls into prostitution in the Middle East and Europe. There are reports of child and sex trafficking between Iran and Pakistan; Pakistan is a destination for men, women and children from Afghanistan, Azerbaijan and Iran who are subjected to forced labor and prostitution.

The Government of Pakistan does not fully comply with the minimum standards for the elimination of human trafficking, but is making significant efforts to do so. The government's prosecutions of transnational labor trafficking offenders and substantive efforts to prevent and combat bonded labor - a form of human trafficking - demonstrated increased commitment, but there were no criminal convictions of bonded labor offenders or officials who facilitated trafficking in persons. It also continued to lack adequate procedures to identify trafficking victims among vulnerable populations and to protect these victims.

PROSECUTION

The Government of Pakistan made progress in law enforcement efforts to combat human trafficking in 2009. While the lack of comprehensive internal anti-trafficking laws hindered law enforcement efforts, a number of other laws were used to address some of these crimes. Several sections in the Pakistan Penal Code, as well as provincial laws, criminalize forms of human trafficking such as slavery, selling a child for prostitution, and unlawful compulsory labor, with prescribed offenses ranging from fines to life imprisonment. Pakistan prohibits all forms of transnational trafficking in persons with the Prevention and Control of Human Trafficking Ordinance (PACHTO); the penalties range from seven to 14 years' imprisonment. Government officials and civil society report that judges have difficulty applying PACHTO and awarding sufficiently stringent punishments, because of confusion over definitions and similar offenses in the Pakistan Penal Code.

In addition, the Bonded Labor (System) Abolition Act (BLAA) prohibits bonded labor, with prescribed penalties ranging from two to five years' imprisonment, a fine, or both. Pakistani officials have yet to record a single conviction and have indicated the need to review and amend the BLAA. Prescribed penalties for above offenses vary widely; some are sufficiently stringent and commensurate with those for other serious crimes such as rape. Others - with minimum sentencing of a fine or less than a year in prison - are not sufficiently stringent.

During 2009, the government convicted 385 criminals under PACHTO – 357 more than 2008. The government did not disclose the punishments given to the trafficking offenders. Reported sentences under this law in previous years were not sufficiently stringent. Moreover, despite reports of transnational sex trafficking, the FIA reported fewer than a dozen such cases under PACHTO. Government officials also often conflated human smuggling and human trafficking, particularly in public statements and data reported to the media.

In 2009, Pakistan reported 2,894 prosecutions and 166 convictions under the vagrancy ordinances and various penal code sections which authorities sometimes use to prosecute trafficking offenses; it is unclear how many of these prosecutions and convictions involved trafficking. It is confirmed that the government convicted at least three child traffickers; it is unknown whether these convictions were for forced prostitution or labor and what the imposed penalties were. The government prosecuted at least 500 traffickers: 416 for sex trafficking, 33 for labor trafficking, and 51 for either sex or labor trafficking. Only one person was prosecuted under the Bonded Labor System Abolition Act, with no conviction.

Some feudal landlords are affiliated with political parties or are officials themselves and use their social, economic and political influence to protect their involvement in bonded labor. Furthermore, police lack the personnel, training and equipment to confront landlords' armed guards when freeing bonded labors. Additionally, media and NGOs reported that some police received bribes from brothel owners, landowners, and factory owners who subject Pakistanis to forced labor or prostitution, in exchange for police to ignore these illegal human trafficking activities.

In 2009, 108 officials were disciplined, 34 given minor punishments, four permanently removed, and one was compulsorily retired for participating in illegal migration and human smuggling; some of these officials may have facilitated human trafficking.

In efforts to enhance victim identification practices, FIA officials and more than 250 law enforcement officers participated in anti-human trafficking training in 2009, provided in partnership with NGOs and governments of other countries. Various Pakistani government agencies provided venue space, materials, and travel and daily allowances, and law enforcement officers led and taught some of the training workshops. Police and FIA officials continued to receive anti-trafficking training in their respective training academies.

The Government of Pakistan made some progress in its efforts to protect victims of human trafficking. The government continued to lack adequate procedures and resources for proactively identifying victims of trafficking among vulnerable persons with whom they come in contact, especially child laborers, women and children in prostitution, and agricultural and brick kiln workers.

The FIA and the police referred vulnerable men, women and children, many of whom were trafficking victims, to federal and provincial government shelters and numerous NGO-operated care centers. There are reports, however, that women were abused in some government-run shelters. Shelters also faced resource challenges and were sometimes crowded and under-staffed. Sindh provincial police freed over 2,000 bonded laborers in 2009 from feudal landlords; few charges were filed against the employers. The FIA expanded protection services overseas and provided medical and psychological services to Pakistani trafficking victims in Oman. Some NGOs provided food, legal, medical, and psychological care to vulnerable children, including child trafficking victims, in facilities provided by and partially staffed by the Government of Pakistan. Some NGOs and government shelters, like the Punjab Child Protection and Welfare Bureau, also rehabilitated and reunited children with their families. Female trafficking victims could access 26 government-run Shaheed Benazir Bhutto Centers and the numerous provincial government "Darul Aman" centers offering medical treatment, vocational training, and legal assistance. In September 2009, the government opened a rehabilitation center in Swat, which included a team of doctors and psychiatrists, to assist child soldiers rescued from militants. There are other laws which are also supporting to curb the human trafficking which are as follows:--

1. Pakistan Penal Code

2. Offence against Zina Ordinance, 1979

3. Immigration Ordinance, 1979

4. Offences against the Property Ordinance, 1979

5. Control of Narcotics Substance Act, 1997

6. Transfer of Offenders, 2002

7. Anti Terrorism Act, 1997

8. Federal Investigation Agency (Inquiry and Investigation Rule 2002)

INTERNATIONAL PREVENTION

The UN Office on Drugs and Crime (UNODC) has assisted many non-governmental organizations in their fight against human trafficking. The 2006 armed conflict in Lebanon, which saw 300,000 domestic workers from Sri Lanka, Ethiopia and the Philippines jobless and targets of traffickers, led to an emergency information campaign with NGO Caritas Migrant to raise human-trafficking awareness. Additionally, an April 2006 report, Trafficking in Persons: Global Patterns, helped to identify 127 countries of origin, 98 transit countries and 137 destination countries for human trafficking. To date, it is the second most frequently downloaded UNODC report. Continuing into 2007, UNODC supported initiatives like the Community Vigilance project along the border between India and Nepal, as well as provided subsidy for NGO trafficking prevention campaigns in Bosnia, Croatia, and Herzegovina.[36] Public service announcements have also proved useful for organizations combating human trafficking. In addition to many other endeavors, UNODC works to broadcast these announcements on local television and radio stations across the world. By providing regular access to information regarding human-trafficking, individuals are educated how to protect themselves and their families from being exploited.

The United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) was conceived to promote the global fight on human trafficking, on the basis of international agreements reached at the UN. UN.GIFT was launched in March 2007 by UNODC with a grant made on behalf of the United Arab Emirates. It is managed in cooperation with the International Labour Organization (ILO); the International Organization for Migration (IOM); the UN Children's Fund (UNICEF); the Office of the High Commissioner for Human Rights (OHCHR); and the Organization for Security and Co-operation in Europe (OSCE).

In carrying out its mission, UN.GIFT will increase the knowledge and awareness on human trafficking, promote effective rights-based responses, build capacity of state and non-state actors, and foster partnerships for joint action against human trafficking.

PAKISTAN CASE

The Pakistani government made progress in its efforts to prevent human trafficking. The Punjab provincial government continued implementation of its $1.4 million project, Elimination of Bonded Labour in Brick Kilns (launched in 2008). To date, this project helped nearly 6,000 bonded laborers obtain Computerized National Identification Cards, in collaboration with the government National Database and Registration Authority. It has also provided $140,000 in no-interest loans to help free laborers from debt and established 60 on-site schools that educated over 1,500 children of brick kiln laborers.

The Bureau of Emigration continued to give pre-departure country-specific briefings to every Pakistani who traveled abroad legally for work; these briefings included information on how to obtain assistance overseas. The Punjab Child Protection and Welfare Bureau continued to fund 20 community organizations aimed at preventing child labor trafficking. The federal and provincial governments developed and began implementation of the Child Protection Management Information System, a national monitoring system that collects district-level data in five thematic areas, including child trafficking.

In 2009, all 250 Pakistani UN Peacekeeping Mission forces received training in various government training academies that included combating human trafficking. The government also took measures to reduce the demand for commercial sex acts, some of which may have been forced prostitution, by prosecuting, but not convicting, at least 64 clients of prostitution. Government officials also participated in and led various public events on human trafficking during the reporting period. In February 2010, the federal government hosted an inter-agency conference for more than 30 federal and provincial officials that focused on practices for identifying and combating child trafficking, transnational trafficking, and bonded labor. Pakistan is not a party to the 2000 UN TIP Protocol.

RECOMMENDATIONS

Significantly increase law enforcement activities, including imposing adequate criminal punishment for labor and sex traffickers, as well as labor agents who engage in illegal activities; vigorously investigate, prosecute and convict public officials at all levels who participate in or facilitate human trafficking, including bonded labor; sensitize government officials to the difference between human trafficking and smuggling; improve efforts to collect, analyze, and accurately report counter-trafficking data; improve methods for identifying victims of trafficking, especially among vulnerable persons; consider increasing collaboration with civil society, the Bureau of Emigration and the Ministry of Overseas Pakistanis' Community Welfare Attaches to identify and protect trafficking victims; consider replicating the successes of the Federal Investigation Agency (FIA) office in Oman to other labor-importing countries; and consider replicating Punjab's project to combat bonded labor in the other provinces.