Pakistan National Action Plan for combating Human Trafficking

 
 

    

Introduction
Anti Trafficking Units
Prevention of Human Trafficking
Prosecution of Offenders
Protection of Victims


 

 


     

     Coordinator the relevant areas to be provided with specific (technical, physical, financial, etc) support. Additional Director General (Immigration) FIA shall act as the National Rapporteur on human trafficking

The National Coordinator shall liaise with other Ministries, agencies, international partners, Director General FIA, the ATUs, border security and other law-enforcement agencies, in order to efficiently implement operational investigation and criminal prosecution of human trafficking crimes.

i

Identification of requirements arising from implementation of the National Action Plan, and taking appropriate actions to resolve them.

ii

Provision of information to relevant authorities ensuring that ministries and other agencies are properly informed on the activities of the Plan.

iii

Direction, co-coordination and liaison with all stakeholders, including other ministries, agencies and organizations.

iv

Supervision over activities of the ATUs.

v

Convening meetings of appropriate actors within the nucleus organizations in order to resolve functional problems.

vi

Accordingly, ensuring that adequate support resources are available from appropriate Government bodies for the Plan.

vii

Maintaining close contacts for potential donor support through international partners.




Anti Trafficking Units

ATUs will be responsible for all aspects of the investigation and prosecution of suspected human trafficking crime in addition to the identification and protection of potential or actual victims. Any suspected victim or indication of the pursuit of human trafficking discovered by any other domestic ministry or agency shall be communicated to the ATUs without delay, at the same time providing all relevant data to it and other support. ATUs will arrange to provide protection to actual and potential victims.

The Anti Trafficking Unit shall be a specialized authority combating human trafficking, and shall also be a contact body with non-governmental organizations providing help line, secure accommodation and cooperation activities. The ATUs shall be directly subordinated to the Director General FIA and shall coordinate all activities with the National Coordinator in the Ministry of Interior.

Staff of ATUs shall be trained particularly on the following issues:

i

Methods of identification of victims and suspected victims

ii

Use of relevant surveillance methods and tools

iii

Obtaining, analyzing and presenting as evidence the information, documents, other things possessed by victims, and other sources

iv

Rules for treatment of victims and suspected victims.

v

A separate database shall be created for the registration and use of information collated in the course of the investigation of crimes related to human trafficking.

vi

Along with identification and protection of victims and suspected victims, the ATUs shall also carry out operational investigation and criminal prosecution activities. The ATUs shall immediately be informed about the persons suspected to be victims of human trafficking, or revealed to have committed or abetted a human trafficking crime and provided with relevant documents and assistance. The concerned ATU shall place the victims or suspected victims in a place of safety and, together with police performing security functions, ensure their security.

vii

Preliminary investigation into a case of victims or suspected victims shall be carried out by the ATU officers (when necessary, with participation of legal representation), within the secure accommodation. Protection of the accommodation and victims placed therein shall be carried out by the ATU and police. Persons undertaking the security of the shelter shall undergo specific training.

viii

A help line shall be created to provide a free of charge and permanent (7 days a week, 24 hours a day) communication service for victims and potential victims of human trafficking crimes. Help line operators shall closely cooperate with the ATUs.



Back to Top

PREVENTION OF HUMAN TRAFFICKING

a. Legislation:

A legislation titled Prevention and Control of Human Trafficking Ordinance (PCHTO) has been enacted in 2002 and Rules appurtenant thereto have also been notified in 2005 which specifically address, inter-alia, the protection of victims of human trafficking. Certain amendments to PCHTO are also part of the process to improve the legislation to make it compatible and responsive to ground realities, complexities and magnitude of the problem.

Responsibility: Ministries of Interior, Law & Justice, Labour, Overseas Pakistanis Division.

 

b. Awareness Raising

Awareness raising efforts need to be incorporated as a continuous process in the national counter-trafficking strategy, as it is important to create an understanding of the trafficking spectrum across all sections of the society. These objectives are best served through launching targeted and well-planned nation wide campaigns. Awareness raising has to be motivational, informative, realistic and target oriented.

Promoting awareness of the negative consequences of smuggling of and trafficking in human beings shall be given greater attention so as to inform potential migrants of therisks involved. The multi dimensional problem of trafficking calls for an integrated and a multi-sectoral approach. Legal and administrative measures are necessary but not sufficient for eliminating the problem. There is a general lack of awareness regarding trafficking at all levels, the victims, the family, the community, the law enforcement agencies, lawyers, prosecutors and the media. The urgent need is to bring about an entire attitudinal and behaviourable change in the public perception regarding this problem. A part of the strategy is carrying out information campaigns to generate mass awareness about trafficking, risks to the victims and methods employed by traffickers.Also, increasing awareness and sensitization amongst immigration and diplomatic officials for application of the knowledge on their job.

The campaign includes

i

Awareness raising on migrant rights, migration policies and procedures for promotion of migration through regular/legal channels.

ii

Use of electronic and print media besides seminars, briefings, workshops, meetings etc. aimed at all the groups including general public, law enforcement officials, media, relevant professionals, NGOs and policy makers.

iii

Publicizing legal migration polices and laws of other countries for intending emigrants.

iv

Mass awareness campaigns at the grass roots and higher levels on the issues, problems and risks of human trafficking and smuggling.

v

Indexation of national database on human trafficking

vi

Sensitization and involvement of print media in reporting, investigating and publicizing the crime.

vii

Issue-based radio and television programmes based on social, psychological and legal aspects of human trafficking, in particular, on the negative impacts of trafficking of women and children.

viii

Efforts to make international cooperation among countries of transit and designation more effective, and cooperation and exchange of information with international organizations will be increased.

Responsibility: Ministry of Foreign Affairs
ix

Ministry of Foreign Affairs will arrange for signing, ratification and implementation of the necessary international conventions, protocols, agreements and other instruments.

Responsibility: Ministry of Foreign Affairs.



Back to Top

C. Training:

i

Training will be provided for all persons and bodies involved with different aspects of human trafficking and working with victims of trafficking. Such training will emphasize the protection of their human rights.

ii

Training will also be provided in the identification of victims for all the stakeholders working with victims of human trafficking and children, including authorities and relevant service-providers.

Responsibility: All authorities in their own fields of activity.


d. Legitimacy, Security and Control of Documents.

i

Ensuring that traveling or other identity documents are of such quality that they cannot easily be tampered, forged, misused, altered, replicated or falsified. This includes expanding, improving and expanding the coverage of Machine Readable Passports, including the overseas missions. Responsibility: Director General, Immigration & Passport, M/o Interior.

ii

Creating expertise in the scientific and technical fields in forensic science concerning secure documentation and ensuring that national travel and identity documents are of the highest possible quality and security.

Responsibility: Ministry of Interior, National Database & Registration Authority


e. Monitoring/Surveillance of recruitment agencies

i

Strengthening the ongoing monitoring system for recruitment and employment agencies and regulatory mechanisms for checking and apprehending fake agencies/individuals.

Responsibility: Ministry of Labour, FIA
ii

Reforms in laws pertaining to trafficking of men, women and children.

Responsibility: Ministry of Interior, Law & Justice, Labour, Overseas Pakistanis Division.

iii

Provision of forgery detection machines and UV light equipment at all entry/exit points/immigration counters.

Responsibility: Ministry of Interior
iv

Surveillance and apprehension of fake employment agencies/individuals.

Responsibility: Ministry of Labour, FIA
vi

International cooperation with the law enforcement and border security forces of other countries.

Responsibility: Ministry of Foreign Affairs, Ministry of Interior.
vii

Development of a national migration policy to facilitate regular migration and to discourage irregular migration.

Responsibility: Ministry of Interior, Ministry of Labour and Overseas Pakistanis Division, Bureau of Emigration.



Back to Top

f. Data Collection & Research

i

Various governmental, international and non-governmental agencies are engaged in research and data collection efforts including the Ministries of Interior, Labour & Manpower, and Women Development, along side the Federal Investigation Agency, Bureau of Emigration, and the International Organization for Migration. An Anti-Trafficking Unit Coordination and Monitoring Cell has been established at the FIA Headquarters which is carrying out research especially with regard to data related to offenders and their prosecution as well as crime prevention measures. The various processes and outputs include issuance of Human Trafficking Intelligence Gazette for information sharing with the operational units. A part of the effort is operationalisation of FIA’s website for information related to human trafficking efforts. IOM’s publication “The Pakistan Thematic Group’s Position Paper on Human Trafficking”, its upcoming survey of human trafficking in Pakistan, and a border assessment study are expected to plug the existing gaps in this area.

ii

The ATU Monitoring and Coordination Cell at the FIA Hqrs shall be responsible for collection of data related to all groups (age, sex etc) who are victims of trafficking, also developing effective and well targeted prevention measures, improving data collection and research for analysis of subjects including the nature and scale of human trafficking and exploitation mechanism used by the criminal groups.

Responsibility: ATUs Monitoring & Coordination Cell, FIA.



g. Addressing the Root Causes of Human Trafficking:

Part of the overall strategy is seeking to institute poverty mitigation measures and safety nets to promote economic development and social inclusion with a view to ameliorate the situation with regard to supply/push side factors. Efforts will also be made to seek international cooperation on both demand and supply sides by seeking formal job quotas in the destination markets and seeking development assistances for interventions in poverty pockets. Another objective is to provide basic education and skills, diversifying job opportunities and reducing barriers to entry into the job markets, and commercial activities. Additionally, a study would be conducted (with support from donors) highlighting links between underdevelopment and trafficking in persons. Based on the study,

i

funding for specific programmes may be sought from international donors,

ii

strategy should be evolved in consultation with Ministries of Labour and Foreign Affairs, to lobby for a better labour/immigration regime for Pakistan nationals in the developed world.

Responsibility: Ministry of Finance, Economic Affairs Division Ministry of Foreign Affairs


Back to Top

PROSECUTION OF OFFENDERS

a. Cooperation among authorities:

i

The FIA through ATUs and police will have the primary responsibility of devoting attention and resources to the suppression, monitoring and detection of human trafficking, and related criminal activities.

Responsibility: Director General, FIA.
ii

Cooperation among FIA, the Police, the Frontier Corps, Coast Guards and Levies in the suppression of illegal immigration will be developed and strengthened through the Task Force.

Responsibility: Director General FIA, ATUs.
iii

At the International level, cooperation in action against trafficking in human beings and illegal immigration will be developed and strengthened through information/intelligence exchange, law enforcement cooperation and mutual legal assistance.

Responsibility: Ministry of Foreign Affairs, Ministry of Interior.
iv

Strengthening cooperation, including with countries of origin, transit and destination, to establish a framework to facilitate the return of smuggled and trafficked persons and after appropriate legal action, the return of smugglers and traffickers.

Responsibility: Ministry of Foreign Affairs.


b. Border Measures

i

Also planned is strengthening of measures related to permission of entry, or denial of entry, revocation of visas, or temporary detention of persons accused of being involved in immigration/trafficking related offences, through strengthening of Passport Cells which are being staffed and equipped with additional resources.

Responsibility: Director General FIA, Director General Immigration & Passports.
ii

Efforts will be made for strengthening of immigration controls to reduce human trafficking particularly to Middle East and Europe. The proposed measures include creation of additional positions and provision of transport to strengthen Passport circle Gujranwala, sanction of posts and provisions of transport for establishment of new Passport Circles at Taftan, Turbat and Gawader. Manning of all immigration counters by ASIs is also Planned.

Responsibility: Ministry of Interior.
iii

Taking action against recruitment agencies that act as agents for sending victims abroad for trafficking/other forms of exploitation, including camel jockeying etc.

Responsibility: Ministry of Interior and Ministry of Labour
iv

Raids for apprehension of human smugglers and traffickers as well as proclaimed offenders and Court absconders.

Responsibility: Ministry of Interior, Director General FIA.
v

Sharing of information and useful data among law enforcement agencies.

Responsibility: Director General FIA and ATUs.


c. Training

i

Provision of training to anti-trafficking and immigration official as well as other relevant officials including Judges and Prosecutors etc to speed up the prosecution effort which is felt to be a weak link.

Responsibility: Ministry of Interior and Director General, FIA in coordination with other relevant agencies.

ii

An associated intervention is building capacity to promote competence/professionalism and integrity amongst the anti trafficking staff. Training of ATU staff to augment skills and professionalism in combating human trafficking will be geared up.

Responsibility: Director General, FIA
iii

Development and operationalisation of a Case Monitoring System (CMS) in the ATU Coordination and Monitoring Cell, for review and monitoring of cases under the P&CHTO 2002.

iv

Issuance of a Human Trafficking Intelligence Gazette for information sharing with operational units.

v

Establishment and upgradation of Immigration Monitoring system (IMS), duly connected with FIA HQrs as well as all the Passport Cells.

vi

Preparation of SOP on off-loadees and deportees to the immigration staff, Travel Guide for Passengers, Investigation Manual and TORs for the ATUs. On the job training for immigration staff posted at immigration counters.

vii

Standardization of investigation procedures through FIA’s Trafficking Investigation Manual.

Responsibility: Director General, FIA


Back to Top

PROTECTION OF VICTIMS

a. Establishment of Shelters

i

Establishing shelters for the protection and other needs of the trafficking victims in order to provide safety, access to independent advice and counseling, medical health and rehabilitation from trauma, while giving special attention to security of the victims, confidentiality and privacy. These shelters will also be provided the linkage to facilitating the victims’ future reintegration.

ii

A model shelter has been established at Islamabad with the cooperation of IOM and US Embassy. It is planned to establish more shelters in other places for which a PC-I is under prosecution offer whose approval funds will be allocated and more shelters will be established.

iii

The purpose of providing secure accommodation shall be to protect victims, suspected victims and witnesses, help them, meet their relevant needs, and create a safe
environment for those persons. A shelter shall in no case be considered a place of confinement and the persons placed therein shall be treated as victims or suspected victims. Secure accommodation shall also ensure suitable conditions for rehabilitation and reintegration. At the same time, secure accommodation shall provide a safe environment to the victims awaiting their repatriation and that of witnesses that have presented evidence.

iv Secure accommodation shall have the following facilities
  a Properly secured building with appropriate living conditions
  b Access to telephone
  c Access to medical care; and psychological counseling.
  d Possibility of legal assistance
  e Opportunity to have a translator; and a separate place for conversation
  f Ensuring confidentiality of information about the person placed in the accommodation.
 

Other objectives include

  a

Preparation of shelter procedures for the reception, treatment and integration of identified trafficking victims.
Responsibility: Director General, FIA

  b

Preparation of an ATU Operational Manual by FIA to include job tasks and functions of assigned personnel, standard operating procedures, referral mechanisms, and investigative processes with input from Steering Committee.
Responsibility: Director General, FIA

  c

Provision of maximum protection to victims during the trial and post trial period.
Responsibility: Director General, FIA in coordination with local police authorities

  d

Protection of the privacy and identity of victims during legal proceedings and at other levels of assistance. The exchange of information shall take place in due respect for the victim’s privacy, safety and human rights. Also, protecting the victims’ rights of privacy and confidentiality of their particulars during the course of investigation and criminal proceedings. Similarly, sensitizing the officials about their responsibility to ensure safety and well-being of the victims.
Responsibility: Director General, FIA

  e

Sensitization of all law enforcement officials to ensure that the victims are not mistreated or further victimized.
Responsibility: Ministry of Interior

  f

Sensitization and promotion of code of ethics within media personnel on investigation and reporting of trafficking crimes in a sensitive manner.
Responsibility: Director General, FIA

  g

Improving formal coordination mechanisms amongst law enforcement agencies, prosecutors, local and district governments and NGOs for protection.
Responsibility: Director General, FIA, National Coordinator

  h

Preparation of an operational Memorandum of Understanding for a systematic response to identified trafficking cases, to be prepared by FIA and IOM for signature by MOI, FIA, IOM and NAS (US Embassy) to be vetted by Ministry of Foreign Affairs.
Responsibility: Director General, FIA, Anti Trafficking Units

  i

Provision of legal assistance to the victims of human trafficking and necessary measures will be taken to ensure the access of victims to legal assistance.
Responsibility: Ministry of Interior.

  j

Referral Mechanism: This involves instituting referral mechanism to protect the human rights of the victims with the inclusion of all the stakeholders, and to facilitate accurate identification and proper physical and psychological treatment of the victims. This will be achieved by combining the efforts of law enforcement officials, ATUs, local police, hospitals/clinics, NGOs and other relevant stakeholders to harmonize victim assistance with investigative and prosecutorial efforts while paying special attention to the need for cooperation between the police and the NGOs in identifying, informing and protecting the victims. This also involves setting up a system whereby complaints can be lodged, assistance can be given, and facilities can be provided for the victims of trafficking.
Responsibility: Ministry of Interior

  k

Providing effective protection from possible intimidation of the witnesses or retaliation to prevent them from giving evidence in criminal proceedings against human traffickers.
Responsibility: Anti Trafficking Units in coordination with local police.

  l

Provision of legal counseling for the victims to enable them to decide whether to give evidence in the court or not, and also allowing the relevant NGOs to participate in the process.
Responsibility: Anti Trafficking Units.

  m

Identification of options for continued stay, resettlement or repatriation.
Responsibility: ATUs in coordination with other relevant actors.

  n

Preparation of a strategy for assistance to victims after 60 days of residence in shelter and for repatriation to home country of any non-Pakistani nationals.
Responsibility:Director General, FIA in coordination with other relevant actors.



Back to Top

 

   
© Federal Investigation Agency - Govt. of Pakistan Privacy Policy  |  Site Map