The New Nation - Internet Edition

Muhammad Mohsin Iqbal

(From previous issue)

National Alienation Registration Authority has been set up to register foreigners especially from Afghanistan, Bangladesh, Burma and Sri Lanka.

New security features in passports are being introduced to discourage foreigners Immigration check posts are being computerized to check illegal immigration.

Possession of false documents has been made illegal not only in PPC but also in Immigration Ordinance, 1979 and Passport Act, 1974.

Law Commission considered addition of section 371 A in the PPC 1860 as follows: - "373-A Trafficking in Children for engaging as camel jockey".

Setting up of an Inter Ministerial Committee on formulation of an effective policy and legislation to combat the trafficking of children for use as camel jockeys in Middle East

Poverty Alleviation Programmes

10 year perspective plan having provision of shelter house

Speedy trial of cases registered against Human Traffickers.

Recently a special team was deputed to arrest the notorious agents involved in this heinous offence. The team visited different localities of District Rahimyar Khan, Dera Ghazi Khan and Multan to arrest the culprits but unfortunately due to incomplete/fake addresses of the agents provided by facilitators desired results could not be achieved.

UNICEF and Government of Punjab in collaboration with OPF are helping and coordinating the repatriation of Camel Jockeys from UAE to Pakistan. Government of Punjab has set up a Child Protection and Welfare Bureau where these children are stationed. These children are handed over to the parents by the competent court as per law.

All the staff/officers posted at Immigration Check-posts have been briefed to keep an eye on the profile of down trodden ladies accompanying children bound for UAE.

Special emphasis is being given to the illegal trafficking through Pak - Iran border. For this purpose a close liaison has been established with the agencies like F.C., Coast Guards, Levies, and District Police, as envisaged under the charter of Task Force established for this purpose under the Director General FIA.

Awareness is being enhanced in general public through print and electronic media.

All high profile cases/arrested accused are given vide coverage in the press which is giving strong message to the culprits and also causing awareness in the general public.

Salient Features of Prevention and Control of Human Trafficking Ordinance 2002 of (P&CHTO)

i. It clearly defines the offence of human trafficking in all its forms and manifestations (Section-2).

ii. All offenses under this Ordinance have been declared as cognizable, non-bail able &

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 organized gangs, which may extend to a maximum punishment of 14 years (Section-3).

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".

Parliamentarians should play an active role, particularly in formulating policies and legislative oversight for the protection of human rights of immigrant and implementation of their policies. Legislation is almost available in every country to check the illegal trafficking of human being. However its implication is complicated and at times, human trafficking agents successfully violate these rules and due to legal intricacies they defend themselves in the courts and continue their business and remain unpunished.

There are no quick fixes or universal answers to these challenges but certain principles must always be kept in mind. On this basis, the following recommendations are as follows:

1. As human beings, migrants are entitled to enjoyment of life. States have an obligation to provide adequate housing, recreational facilities, health care, education and other essential services for migrants and their families.

2. 2. Migrants have the same right as all people to self-determination. As far as possible, migrants should be in charge of their own migration, protected from coercive, fraudulent or exploitative recruitment processes. Protected but not controlled.

3. 3. Ensuring the gender sensitive approach to development and in the management of migration is mandatory. Through the gender sensitive lens, the rights of migrant workers include:

4. a) The right to integrity of body and soul, in particular the right to be free from of all physical, psychological, and sexual violence;

5. b) The rights to be free from gender-based discrimination; and

6. c) The right to obtain reproductive health services and to obtain appropriate assistance in the event of sexual and gender based violence.

7. 4. Migrant workers and their families are accorded specific rights and protections under the 1990 Convention on the Protection of Human Rights of All Migrant Workers and their Families. This convention is one of the core international human rights conventions and should be adopted and enforced at the national levels.

8. 5. Migrant workers are also workers and entitled to enjoy the benefit of the International Labour Standards in member States of the International Labour Organisation, in particular the Fundamental Conventions on Forced Labor (Conventions 29 and 105).

9. 6. The rights to freedom of association and collective bargaining are enshrined in human rights law and international labour law. They are essential to defend workers from exploitation. Migrant workers are entitled to these rights and we urge governments to ensure their protection.

7. Governments should protect workers in the informal sector under National labour laws and take measures to monitor the conditions of work. In view of the increased demand for foreign migrant domestic workers around the world, the Governments are to recognize domestic work (household work) as work and to reform national labour laws to include protection of domestic workers

8. Immigration controls, such as categorizing migrants or preventing their entry, on the basis of race, class or gender is contrary to basic human rights principles. The discriminatory closing of borders only contributes to irregular migration and the vulnerability of migrant workers to exploitation. The egregious crime of human trafficking is fuelled by such policies. States are to implement non-discriminatory open-border policies and classifications, which are not to the detriment of migrant workers.

9. Trafficking and migration are separate but intimately linked. Trafficking results from a number of injustices that force the movement of certain peoples and leave them vulnerable to abuse: inequality within and between countries, gender inequality, development policies that disenfranchise populations, immigration policies that try to prevent such movement and the toleration of exploitative work practices in destination countries. Adopting a human rights approach to all policies on development, migration and labour is the only way to truly combat and prevent trafficking. For individuals who have been exploited through the migration process, states should establish services to protect these individuals.

10) The exploitation of migrant workers often occurs in an environment of xenophobia and discrimination, in which migrants are considered lesser and not due the same rights or entitlements as the nationals of a State. To reduce these dangerous notions, the governments:

i. To implement public education campaigns to raise awareness on the rights of migrant workers and emphasize that migrant worker are human beings.

ii. To provide training to all stakeholders in the migration process, including border police, health workers, security agencies etc on the rights of migrants and to reduce discrimination.

iii. To take effective action against discriminatory or xenophobic behaviour directed towards migrants.

iv. To ratify the International Convention on the Elimination of All Forms of Racial Discrimination and reform laws and policies in line with the obligations under this convention.

11. All victims of violations and abuses, either by the State or non-state actors have a right to access to justice and to redress. Ensuring access to justice is a non-derogable obligation. States are to provide avenues for effective, non-discriminatory and timely justice for all migrant workers who suffer exploitation and abuse, including victims of human trafficking. Appropriate compensation should be provided for all migrants who are victims of abuse and crime, including for abused women migrant domestic workers, migrant rights defenders, and victims of trafficking.

12. Measures should be taken to allow migrants to return home voluntarily where they are liable to arrest and deportation for immigration violations. Where deportation is enforced, the dignity and safety of migrants must be respected during arrest, detention and deportation. Mass deportations cause mass suffering, accidents and human rights violations and should be avoided at all costs. No migrant should be deported to a country where their safety on return might be threatened by the authorities of the country of origin.

13. Ensure that embassies and consulates of countries of origin directly take responsibility for protecting, the rights, welfare and well being of all migrants. All embassies should set up Labour attaché units, trained and sensitized to the needs of the migrants.

14. Migrants´ remittances are making significant contributions to the development of countries of origin. The Migrants, and not the remittances, should be recognized for this contribution and measures should be taken to facilitate the sending of remittances in the fairest way possible. The governments are to:

(a) Demand a reduction in the transfer fees on transfers from migrants to their home countries.

(b) Give migrant workers access to banks and financial institutions in destination countries so that they can save and remit the money as they choose.

15. Develop regulations regarding recruiting agencies and organized brokering by:

(a) Abolishing visa-trading practices.

(b) Monitoring recruitment and brokerage agencies to ensure protection of the rights of migrant workers.

(c) Ensuring access to remedies and redress for migrants who have suffered violations of their rights. In particular, traffickers of people should be brought effectively to justice, and the protection of victims of trafficking must be ensured by states of origin, transit and destination.

16. The establishment of bilateral and multilateral agreements can facilitate development strategies of origin and destination countries, while also protecting the rights of migrant workers. The governments are to follow best practice examples of such agreements, which incorporate rights protections in accordance with the 1990 Migrant Workers Convention.

17. The states are to end practices of arbitrary, indefinite or prolonged detention and abuse of deportees, and to guarantee their safe return to their home countries.