Journal
"Combating Human Trafficking in the Asia-Pacific Region: Issues and Options
Monday, December 10, 2007, 2:35 PM
"Combating Human Trafficking in the
Asia-Pacific Region:
Issues and Options"
-Sigma Huda, UNSRT
Introduction:
Thank you very much for inviting me to speak at
this important event in my capacity as the Special Rapporteur on trafficking in
persons, especially women and children.
First of all, I would like to congratulate the
organizers for choosing human trafficking as the topic of the thematic
discussion because human trafficking is not only crime, it is also a human
rights problem and we have to acknowledge it as such.
Human trafficking is also a highly relevant topic
to address in this forum because it occurs throughout the Asian continent.
There is probably not a single country in our region that is not affected by
it. Human trafficking in Asia takes a range of diverse forms that have the exploitation
and humiliation of the victims in common.
PART: I
Issues
and Concerns
In recent years, trafficking in people has
re-emerged as an issue of global concern. Despite a paucity of reliable data,
there is a widespread view that the majority of victims of trafficking are women
and children, especially for the purpose of commercial sex. To a lesser extent
even men and boys are also affected. This commercial sex industry has
substantially grown in the last decades not least due to the development of sex
tourism to some Asian countries from countries outside and inside our region.
This is matter of great concern since, many children under the age of eighteen
years - both pre adolescents and teenagers - are trafficked to cater to the
demands of those sex tourists who specifically look for minors because they
assume them to be more docile and less likely to be infected by HIV/AIDS or
other sexually transmitted diseases. However, it would be wrong to believe that
human trafficking is only for the purpose of sexual exploitation. Human
trafficking may also end in forced labour and other forms of economic
exploitation. Therefore we have to understand human trafficking as one aspect
the wider context of forced labour and exploitation of vulnerable persons.
Another area of growing concern in Asia is the
trafficking of women into forced marriages particularly in places where there
is disequilibrium between the number of unmarried men and women. However forced
marriage across international borders is also popular for reasons of free
labour and immigration in the name of "protecting and promoting
ethnicity" and statistics reveal that men are also victims of forced
marriages in order to provide free labour. Every day, men, women and children
striving for a better life for themselves and their families are routinely
deceived and exploited to satisfy a demand for cheap goods and services. In
many places of Asia, the loss of rural employment and traditional sources of
income coupled with better means of communication and transportation makes
people migrate to more urban affluent areas and countries. This is not an
inherently bad development. On the contrary, a comprehensive World Bank study
that will be released soon argues that increasing remittances from migrant
workers by facilitating an organised and regulated migration is perhaps the
single most promising strategy to ensure the successful development of
economically marginalised countries and regions. It is important never to
conflate voluntary migration (even if it is irregular) with human trafficking.
This being said, some people leaving marginalised areas end up being trafficked
by means of deception, threats, force or combinations thereof. Unfamiliar with
their new surroundings and often lacking education, some would be migrants fall
prey to unscrupulous employers that use forced labour to undercut the prices of
their global competitors. Migrants that do not have access to regulated and
organised migration programs are particularly vulnerable.
Whereas much earlier migration flows in Asia
involved unskilled men, since the 1990s we have been witnessing a steadily
increasing feminization of migration as women seize the economic opportunities
that migration offers. This has also affected the trafficking situation. In
South and South West Asia, for example, women are recruited by private
employment agencies to work as domestic migrant workers in more affluent
countries of Asia, especially the Middle East. For many women this is an
important opportunity to earn a living for themselves and their families to
whom they send remittances. Unfortunately these domestic and/or unskilled
workers, more often than not, find themselves in exploitative situations or in
slavery like conditions. In some cases the women that were recruited as
domestic workers find out that they were trafficked by deception once they
arrive in the' country of destination. Contrary to the contractual agreement,
they have to work from sunrise to sunset for wages that are a fraction of what
was originally promised; sometimes they are not paid at all. Brute physical
abuse, systematic social isolation, or threats of denouncing irregular domestic
migrant workers to the public authorities are used to prevent the victims from
escaping an unexploitative situation that remains invisible to the public eye.
In the past, efforts to prevent trafficking have
been few and relatively small-scale. Collusion between families and agents,
corruption of law enforcement and border officials, and difficulty in knowing
when and where transactions take place have thwarted all prevention efforts.
Recently, however, growing concern about violence against women world-wide has
put trafficking on the international agenda, and its connection with the sex
industry, bonded and exploitative labour, and severe forms of human rights
violations, among others has added urgency to global anti-trafficking efforts,
including in the Asia Pacific region. A recent study of the International
Labour Organisation estimates that almost as many persons are trafficked for
the purpose of economic exploitation as there are victims of trafficking into
sexual exploitation.
Various estimates of the number of people
trafficked each year vary from tens of thousands to millions. This wide range
is hardly surprising given the inherent difficulty of tracking a criminal,
clandestine activity, but it is also a result of different definitions of
trafficking. Traditionally, the word trafficking often used to describe
kidnapping and enslavement of workers - usually women and girls in the
commercial sex industry. However, recent developments world-wide have adopted
much broader definitions of the term addressing both working conditions as well
as how a person is recruited or treated at a subsequent stage.[i]
This is because not everyone is abducted or enticed away with false promises of
good jobs. Others go willingly, seeing the trafficker's offer as the best
option for themselves or their families, but later regret the decision when
they find themselves trapped by debt, exploitation and fear in abusive
conditions.
A person who is trafficked may have been pushed or
pulled or - more likely - some combination of the two. These forces are
legitimately viewed from both sides of a continuum, with dire poverty and lack
of opportunity creating fertile ground for traffickers, while rising
aspirations and increasing exposure to mass media lure young people to cities.
However, whether someone is "pushed" or "pulled" does not
change the fact that she or he has been trafficked. Human trafficking is both a
cause and a consequence of human rights violations. The continued existence of
caste systems in some parts of Asia and other expressions of discrimination on
the basis of race, ethnicity, social origin or gender, for instance, exacerbate
trafficking since some people are assumed to be more exploitable and less
worthy of protection than others. In some parts of one South Asian country, for
example, richer families buy girls from poor families of lower social castes
and give them to local temples as so called "presents to god" or in
the guise of "dev dasis". This contravenes national law, but the
practice is nevertheless wide spread. Having to work without pay in the temples
and with no other means to support themselves, many of these women engage in
prostitution. Human trafficking is a human rights problem and that should be
reason enough to make us care about it. But in addition, there are security
interests that are affected by human trafficking. In fact, since trafficking
itself denotes an illegality, there are no and cannot be any reliable numbers
of trafficked victims in the world and the numbers cited should be treated with
circumspection. The most rigorous attempt to estimate the numbers of victims of
which I am aware, has been undertaken by the International Labour Organisation
(ILO) who estimated that at a minimum 2.45 million people worldwide find
themselves in a situation of sexual or economic exploitation as a result of
human trafficking. 1.3 million of the victims - more than half - are in Asia
and the Pacific. Another 230,000 can be found in the Middle East and North
Africa. Based on these figures, the ILO calculates that US$ 32 billion are
earned every year from human trafficking. There has not been much comprehensive
research on who exactly profits from this enormous sum of money and what they
do with it. The little we do know however gives rise to concern. We do know,
for instance, that the armed conflicts that led to the disintegration of Yugoslavia
were partly financed with the proceeds of human trafficking. We also know that
through the advent of internet, many conglomerates benefited financially
through screening of hard porn movies especially in hotels and resorts or
through sponsoring/ encouraging sex tourism. We also know that human
trafficking money has strengthened the influence of organised criminal groups
in some Asian countries.
At this stage I would like to state that I am not
making this point because I want to encourage Governments to treat human
trafficking as a law and order situation only-quite the contrary. I am
convinced that any successful anti trafficking strategy has to place the human
rights of the victims at the centre of all efforts to prevent and combat
trafficking. A cooperation of that nature requires trust that will only be
forthcoming if victims are identified as victims and their human rights are
respected. Human security and national security go hand in hand. At this stage
it is important to note that I am stressing the link between human trafficking
and national security as stated earlier by me, to encourage further studies of
trafficking in Asia in order to determine and then fill the remaining knowledge
gaps
Speaking broadly, anti-trafficking options fall
under three major lines of action: (1) preventing man, women and children from
being trafficked; (2) protecting the human rights of victims of trafficking;
and (3) prosecuting traffickers and enforcing laws against trafficking. In the
recent years, various initiatives and programs in the countries of the Asia
Pacific have begun addressing the problem of human trafficking, especially in
women and children. Governments are becoming active, although most programs are
carried out by non-governmental organisations (NGOs) with a focus on local
communities. Other NGOs have regional or even global mandates to combat
trafficking. Regionally, a Convention on Preventing and Combating Trafficking
in Women and Children for Prostitution has been adopted by the South Asian
Association for Regional Co-operation (SAARC) in 2002. Though this Convention
focuses on one major aspect of trafficking, yet, as NGOs and Human Rights
organisations felt, that this is only the beginning. In fact much lobby is in
process to modify the Convention to make its applicability to extend beyond the
existing jurisdiction. The Association of Southeast Asia Nations (ASEAN) also
adopted a resolution to fight against human trafficking, a priority. In 2001,
in fact, the Regional Commitment and Action Plan of the East Asia and Pacific
Region Against Commercial Sexual Exploitation of Children was adopted in
Bangkok, Thailand. In November 2004, the ASEAN Declaration Against Trafficking
in Persons, Particularly Women was adopted. The Coordinated Mekong Ministerial
Initiative against Trafficking (COMMIT) adopted a Plan of Action. More
recently, the said five Mekong countries (China, Vietnam, Cambodia, Lao PDR,
and Thailand) have formed an intergovernmental forum in October 2004 and
adopted "the Mekong Children's Recommendation for Action on Human
Trafficking".[ii]
Further, the Regional Ministerial Conference on People Smuggling, Trafficking
in Persons and Related Trans-national Crimes (known as Bali Process) also
recently held its annual meeting in Japan. Based on a more comprehensive
understanding of trafficking is also the Asian Regional Initiative Against
Trafficking in Persons, Particularly Women and Children (ARIAT).ln addition, I
would like to highlight the important contribution of the Asia Pacific Forum of
National Human Rights Institutions. The Asia Pacific Forum agreed in 2002 to
establish focal points on the human rights of women- also with regard to
trafficking - within each Forum Member Institution and to have a Forum
Secretariat coordinate a network amongst them. Regular events are conducted on
the issue of trafficking including a workshop scheduled to be held in Sydney,
Australian in November this year. Unfortunately, there is no sub-regional
initiative as yet to address trafficking in the Middle East. However, I am
observing a growing acknowledgement of the need to address human trafficking
through multilateral cooperation. Since my appointment in October 2004, for
example, I have continued to receive information about young children, especially
boys from South Asia and Sudan who were exploited in some Middle East countries
as camel jockeys to participate in dangerous camel races. I am pleased to know
that the Government of the United Arab Emirates has banned children below
16years and weighing less than 45 kg to participate in camel raciness and that
a decision has been taken and to an extent partially implemented to repatriate
the foreign children to their home countries with the cooperation of UNICEF
through whom some funds will be distributed to each repatriated child for his
integration and rehabilitation into mainstream society. In fact, from the above
while it is correct to stress here that some progress has been made in the
region yet there is still plenty to do. Therefore, I would like to encourage
all Governments participating here to jointly sponsor a comprehensive regional
study on human trafficking in Asia. The study should look at the extent and
forms of trafficking in Asia and consider effective long term measures and
strategies that take into account the root causes of trafficking such as
poverty and discrimination along with positive joint steps and mechanisms to
effectively eradicate the causes.
Trafficking is driven by both supply and demand.
Poverty and gender inequalities make it easier for agents to procure young
women and children, yet it is the buying power of consumers for submissive
women and children that make trafficking lucrative. Where, then, should the
emphasis of prevention be placed: intercepting agents, reducing poverty,
penalising consumers, equalising gender relationships, or other pressure
points?
It is only natural that after hearing the stories
of young girls sold into virtual slavery in brothels, the natural response is
to focus on protecting them. But, at the same time, one should be cautious
about the fact that local efforts to reduce the vulnerability of women and
children (such as poverty alleviation and job training) will only have a
limited effect at best on the number of trafficked individuals. As long as
demand remains strong, agents and procurers will always find vulnerable
populations from other locations. On the other hand, if vulnerability could be
reduced on a region-wide scale, then traffickers would have fewer opportunities
to recruit, and the exploitative labour practices would decrease.
Many advocate aggressively enforcing anti-trafficking
laws and prosecuting traffickers. Cracking down on trafficking has proved to be
difficult, in part because of the involvement of organised crime in many
countries of the region and the informal systems of bribes to law enforcement
and immigration officials in others. Moreover, approaches that focus largely on
prosecuting traffickers can be harmful to the people they are designed to help.
Indeed, human trafficking is a microcosm of many of the complex social issues
facing global society today, including gender disparities, economic inequality,
migrants' rights and cultural imperialism. This makes thoughtful discussion of
the issues and the needed response difficult.
It is important to note that the existing notions
of trafficking in the Asia Pacific are predominantly influenced by issues of
commercial sex. Yet the anti-trafficking agencies recognise that women and
children are coerced, tricked or bonded into occupations and situations other
than prostitution. Of notable concerns include trafficking into abusive factory
labour, street-begging, domestic work and arranged marriages/'bride-buying”.
With an estimated 9.5 million, the Asia and Pacific
region claims the highest number of people among the estimated 12.3 million
victims of forced labour in the world today.[iii]
The region is struggling against both traditional and newer forms of forced
labour. While trafficking for forced commercial sexual exploitation is growing,
but with 1.4 million people concerned it makes up less than 10 per cent of the
total. Annual profit generated by trafficked forced labour in the Asia-Pacific
region is estimated at US$ 9.7 billion. The economic disparities in the Mekong
sub-region fuel the trafficking of women and children from Myanmar, Laos and
Cambodia towards Thailand. Women and children from Indonesia and the
Philippines are trafficked into forced commercial sex work in destination countries
such as Australia, China, Hong Kong SAR, Japan, South Korea, and Taiwan, China.
The incidence of forced labour among domestic
workers trafficked from these countries to Malaysia, Singapore and Hong Kong
SAR is high. In Japan and Australia, for example, women have entered the
country legally under "entertainment" visas, with the expectation of
working in dance clubs, only to find themselves forced into providing sexual
services.
In China, massive internal migration from rural to
urban areas puts many young women and girls, in particular, at high risk for
labour and sexual exploitation. Many Chinese migrants are also susceptible to
smuggling and trafficking into ethnic business enclaves in Europe and North
America, where they become trapped in slavery-like conditions in sweatshops, in
restaurants, and under the premise of domestic work.
As stated earlier,
root causes of trafficking and irregular migration include poverty,
indebtedness, and limited educational and employment opportunities in rural
communities of origin, social exclusion and the lure of the big cities. Some
women and children are sold into the sex trade, while others are trafficked for
domestic or seasonal agricultural work, or begging and soliciting.
The "Bali Process" was initiated by the
governments of Australia and Indonesia to develop practical measures at a
regional level against trafficking and smuggling. The process has thus moved
from one of merely enunciating principles to one of implementing more practical
measures, and there has also been a recent change of focus from the
interception of smuggling towards the prevention of trafficking and the
protection of victims.
In China again, there have been well-publicised
arrests and prosecutions of leaders of `trafficking networks, and a toughening
of penalties. Between 2001 and 2003, the government investigated over 20,000
cases, in which 43,215 women and children were rescued and 22,018 traffickers
arrested. Government action is also underway to prevent illegal immigration for
work abroad by cracking down on hundreds of unregistered labour intermediary
agencies.
PART II:
Depicting human Trafficking in the Asia-Pacific:[iv]
- As many as 80% of the 236 women in prostitution interviewed in Battambang Thailand (under a CATW survey) were found to have been trafficked.
- By the time they arrive in Japan, most trafficked Thai women accumulate approximately $25,000 US in debt.
- Thirty percent of the women in prostitution in Cambodia are below the age of 17.
- The total revenue from prostitution in Thailand is approximately 50-60% of the government's annual budget.
- UNICEF estimates that there are at least a million child prostitutes in Asia alone with the greatest numbers in India, Thailand, Taiwan and the Philippines.
- Trafficking in Europe most often involves Asian women.
- Australian Federal Police estimate that prostitution grosses A$30 million annually. Asian women are to be found in prostitution particularly in Canberra, Victoria and Queensland.
- Russian women have also been recruited for "tabletop dancing" in clubs that often have links to brothels.
- Over 250,000 Bangladeshi women and girls have been trafficked to Pakistan in the last 10 years, continuing at the rate of 200-400 women monthly. In Dhaka, around 5,000 prostitutes are children. Forms of trafficking are: fake marriages, sale by parents to "uncles" offering jobs, auctions to brothel owners or farmers, abduction, trafficking of very young boys to the Middle-East as 'camel-jockeys', bonded/cheap labour, domestic servitude, etc.
- In Burma, forms of trafficking include deceptive job placements that land women in brothels, abduction by agents for clients, sale of girls from hill tribes. As illegal immigrants in Thailand, prostitutes are arrested, detained and deported back to Burma, with 50%-70% being HIV positive.
- 35% of Cambodian prostitutes are minors. The figure had been about 6,000 in 1991, but after the arrival of the UN UNTAC troops, the numbers rose to 20,000 just in one year in 1992. 48% of the women and girls in brothels were abducted and sold there, and are often resold to other brothels or to traders who smuggle them out of the country, for example to Thailand and Vietnam.
- Recently, there is a resurgence of prostitution and trafficking in women and girls all over China, involving a high percentage of children and minors. In some regions, Vietnamese, Burmese and Tibetan women have been trafficked. Shangchuando Island off Guandong is a tourist spot offering drugs and sex casinos with large number of women in prostitution from all over China. There are more than 70 million unmarried men in China as a consequence of the son preference of Chinese families. Many are desperately seeking wives from Vietnam though marriage arrangements are difficult. Through trickery, women are allured and trafficked according to the study of Le Thi Quy.
- In HONG KONG, fake contracts, often for domestic work, land women in brothels that employ Chinese minders to prevent runaways. An influx of East European women in high-priced clubs has been noted with a Russian Mafia said to be bringing women to Macao.
- Forms of trafficking in India include: economic incentives offered to parents to part with their children, fake jobs or marriage promises, abductions. The promotion of tourism in Goa and Madurai, two of India's major beach holiday destinations, appears to be resulting in rising numbers of prostituted children.
- In INDONESIA, localized bordello complexes, "localisas," are managed under local government regulations. Estimated financial turnover of sex industry is reported to be around US$4 billion.
- JAPAN is the largest sex industry market for Asian women. The sex industry accounts for 1% of GNP and equals the country's defence budget. One "sex zone" in Tokyo, only 0.34 sq. km., has 3,500 sex "facilities"; strip theatres, peep shows, "soap-lands," "lovers' banks," porno shops, sex telephone clubs, karaoke bars, clubs, etc.
- Forms of prostitution in KOREA include- escort and call girls, street prostitution, and from cafes, clubs, cabarets, show cases, massage parlours and beauty shops. Women suspected of prostitution can be confined in rehabilitation centres without due processes.
- Around 5,000 Nepalese women and girls are trafficked to India yearly. Brokers especially in rural areas and even family members sell girls; husbands sometimes sell their wives to brothels. According to international social agencies, the flow of Nepalese girls into Indian brothels is probably the busiest slave traffic of its kind anywhere in the world.
- In New Zealand, Majority of the prostituted women are Asians. In Auckland, of 4,000 prostituted women 800 are Thai, and 400 other Asian women. Channels include: false employment offers, sponsorship by boyfriends or fiances for residency; debt bondage is also used to keep women in prostitution. New Zealand is also used by traffickers of Thai women as a departure point for Japan, Australia and Cyprus.
- In the Philippines, Government policies favour the export of entertainers and domestic helpers that put women at risk of sexual exploitation. Further, government approval of "R and R" privileges for the US navy sustains a system and infrastructure of military prostitution. Of the 200,000 or so street-children in the Philippines, about 60,000 sell their bodies. (Asia Week, February?, 1997).
- In Sri Lanka, nearly 80% of labour migration is of women workers. Many job trainees in Korea and Japan have disappeared into underground labour markets, including prostitution.
- In Taiwan, 40% of young prostitutes in the main red light district are aboriginal girls.
- In Vietnam, trafficking happens through kidnapping for brothels, deceptive offers for jobs or tourist trips and marriage matchmaking with foreigners who sell and resell the women abroad. Organised tours of Taiwanese men come to buy Vietnamese brides.
- Recently, Afghanistan is confronted with a significant trafficking problem, as recognised by the June 2002 "Declaration of the Essential Rights of Afghan Women," which highlighted trafficking victims in its first section. The following forms of trafficking are taking place: exploitation of prostitution (forced prostitution and prostitution of minors); forced labour; slavery and practices similar to slavery (abductions for forced marriage, marriage for debt relief, and exchange of women for dispute settlement); servitude (sexual servitude and domestic servitude); and, removal of organs. Afghanistan as a country of origin, transit, and destination.[v]
- It is to be noted that while men are also trafficked world-wide, the issue of trafficked men is almost absent in various literature on trafficking. So far men are predominantly seen as "migrants" while women and children are typically seen as being "victims of trafficking" reflecting a strong gender bias in mainstream literature on trafficking.
PART: III
Conclusion
Finally, a combination of short-, medium- and
long-term strategies will constitute the most effective response to the problem
in the Asia Pacific region. Examples of short-term action include targeting and
prosecution of procurers and raising awareness in the communities from which
women and children are drawn. In the medium term, mass media campaigns to
change social norms and reduce consumer demand for trafficked individuals and
products are appropriate. Typical long-term solutions include poverty
alleviation and gender equalisation.
Regional Co-operation/Co-ordination in Combating Human Trafficking:
It seems also self evident to me that we have to
devise multilateral responses to a problem that occurs throughout the entire
region and is typically of a trans-national character. In this regard, it is
indeed heartening to note that 9 countries have already ratified the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children. Another 12 countries have at least signed it. I would like to
encourage all countries in the region to sign and ratify this important
Protocol as well as other United Nations instruments that address human
trafficking and related issues such as forced labour, child labour or gender
based discrimination, forced marriages, mail order brides etc. In addition I
would like to draw your attention to the United Nations Recommended Principles
and Guidelines on Human Rights and Human Trafficking and encourage you to take
this useful document into account when devising and strengthening your national
anti trafficking strategies.
National policies, laws and efforts need to be
reviewed and synchronised with greater coordination, specifically addressing
relevant issues in the contexts of
- Prevention of trafficking;
- Protection;
- Repatriation; and
- Reintegration of trafficked victims and regional cooperation for such efforts.
1. Prevention of Trafficking
1.1 Education
Education can provide individuals with the skills
necessary to obtain well-paying jobs. It can also arm people with the knowledge
and critical ability to make sensible decisions. Education can thus be seen as
a primary means to reduce the occurrence of trafficking.
1.2 Family Law
Forced marriage and false adoption are known to be
favored methods of traffickers.
1.3 Labor Law
Many women and children are trafficked illegally to
another country because they want to earn a living but they are not allowed to
work legally in that other country, even though there is a demand for their
labor there. If such women and children fill that demand illegally, they may
not receive the benefit of any labor laws protecting employees' rights.
1.4 Social Security
A good social welfare system that provides sufficient
assistance in case of loss income due to sickness, retirement, unemployment or
death may lessen the pressure on potential victims to turn to traffickers for
job opportunities to maintain the victim's income stream in times of
difficulty.
1.5 Public Health Services
Many women and children are lured into cross border
trafficking to generate more income to cover their and their families'
expenses, including those related to healthcare. Provision of free, quality
medical services can reduce the need to seek employment abroad to cover these
expenses.
1.6 Culture and Sports
Sports and cultural activities may partly prevent
potential trafficked victims from being lured into a more exciting lifestyle in
another country.
1.7 Decentralization of Power
Local government bodies should have a certain
amount of discretion in formulating their plans for cultural and social
development within their own localities and may be able to develop and
implement social and economic plans that cater to the needs of their people as
a means to help prevent local women and children from being trafficked to
another country.
2. Protection of Trafficked Victims
2.1 Civil Liability
Labor or marriage contracts entered into due to
fraud, duress, mistake or threat should be consistently void or voidable under
the laws of all countries.
2.2 Criminal Liability
The criminal law of each country in the Region
should be applied even if the offense is committed outside its borders provided
that the offender is a citizen or resident of such country. Most of all
countries have restrictions, however, on such extraterritorial application of
their criminal laws (e.g., need for an international treaty, minimum prison
term or request from the government of the country where the crime occurred).
2.3 Criminal Procedures
"Victim/child-sensitive" procedures (such
as allowing a psychologist or social worker to be present during the taking of
the statement of a child or arranging to have a video or audio recording of the
statement of a child to be used later as evidence) as well as other procedures
used in trafficking cases (such as granting leniency to foreign trafficked
victims).
2.4 Immigration
The immigration laws of the countries in the region
should expressly provide relaxation or exemption from penalty for trafficked
men, women and children who may have illegally entered the country.
2.5 Labor
Forced labor should be consistently prohibited
specifying punishment for violation of forced labor provisions.
3. Repatriation of Trafficked
Victims
3.1 Nationality
Trafficked women may not want to be repatriated to
the country of which they are citizens, especially where their children are
born in a different country and therefore may have acquired another
nationality. Such children may not be familiar with the country of their
parent's nationality or the national language.
3.2 Repatriation Procedures
Specific provisions concerning procedures for
repatriation of trafficked victims, which should broadly prescribe that the
repatriation of trafficked victims shall be in accordance with the relevant
agreement or treaty. There is currently no Asia Pacific Regional agreement or
treaty with respect to the repatriation of trafficked victims.
4. Reintegration of Trafficked Victims
4.1 Public Health Services
Since many rescued trafficked women and children
suffer from sexually transmitted diseases (including HIV/AIDS) and/or addiction
to narcotics, provision of free, quality medical services and rehabilitation to
these trafficked victims can smooth their reintegration process.
4.2 Provision of Assistance
Since many trafficked women and children may not be
quite ready to live in their homes upon repatriation, there should be
alternative places where they can stay and be rehabilitated (both physically
and mentally) as well as learn new trades as part of the reintegration process.
5. Specific Regional
Cooperation in Prevention of Trafficking and Protection, Repatriation and
Reintegration of Trafficked Victims
5.1 Extradition
Consistent extradition laws and treaties.
5.2 Mutual Assistance in Criminal Matters
Regional treaties governing mutual assistance in
criminal matters and procedures for cooperation between countries in the
execution of penal sentences. Countries should also execute bilateral
agreements concerning cooperation in combating certain crimes including
trafficking in women and children.
To conclude my presentation today, I would like to
sum up my three key recommendations:
First, I would like all participating Governments
to acknowledge human trafficking as a human rights problems that requires
international cooperation by signing and ratifying the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children.
Secondly, I would like to urge you to expand our
knowledge by jointly sponsoring a comprehensive study on trafficking in Asia
that also looks at effective long term solutions.
Thirdly, I would like to encourage you to
strengthen or newly create national, sub-regional and regional anti trafficking
programmes that are human rights sensitive and take into account international
best practices such as those embodied in the United Nations Recommended
Principles and Guidelines on Human Trafficking and Human Rights.
[i] "Trafficking refers to the recruitment, transportation, purchase,
sale, transfer, harbouring, or receipt of persons: by threat, use of violence,
abduction, use of force, fraud, deception, or coercion (including abuse of
authority), or debt bondage, for the purpose of placing or holding such person,
whether for pay or not, in forced labour or slavery-like practices, in a
community other than the one in which such person lived at the time of the
original act described." (UNCHR, February 2000).
[ii] On October 29, 2004, the six Governments of the Greater Mekong
Sub-region agreed on a historic COMMIT Memorandum of Understanding on
co-operation against human trafficking. The MOD recognises the special
vulnerability of women and children to trafficking; encapsulates the importance
of a Victim-centred' approach that stems from an understanding of human
trafficking as a violation of human rights; and realises that marginalised
populations have special vulnerabilities that must be addressed. Specific
emphasis laid by COMMIT include- among others- national and regional
requirements as to systematise and institutionalise the legal and societal
frameworks for victim identification and protection; field-based assessments on
how legal procedures are actually implemented in practice and to specify which
elements of law actually protect victims in a substantive way and which
elements of law actually support effective prosecution of traffickers;
standards of/for "successful" return in the context of cross-border
repatriation; identifying necessary "risk" assessments as well as
alternate approaches to "re-integration" or "return"; &
minimum standards for victim-focused repatriation.
[iii] Global Report on Forced Labour In Asia: debt bondage, trafficking and
state-imposed forced labour: Seventh Sustainable Development Conference, 8-10
December, 2004, Holiday Inn, Islamabad.
[iv] Source: Trafficking and Prostitution in Asia and the Pacific (CATW,
2005).
[v] Trafficking in Person: An Analysis of Afghanistan, Seventh Sustainable Development Conference 8-10 December, 2004, Holiday Inn,
Islamabad.
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