Anti Trafficking Unit

About Anti Trafficking Unit

Human trafficking is defined in Section 2 of the Prevention and Control of Human trafficking Ordinance 2002 as under

Human Trafficking means obtaining, securing, selling, purchasing, recruiting, detaining, harboring or receiving a person, not with standing his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes laid down by law.

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

• No specific law was existed prior to promulgation of P&CHTO 2002 to deal with the offences and the culprits relating to human trafficking.
• It was, therefore, considered expedient and necessary to provide effective measures to prevent offences related to the human trafficking and to protect and assist victims of such trafficking
• Prevention & Control of Human Trafficking Ordinance (P&CHTO) was, therefore, promulgated in October 2002 in accordance with national and international requirements.

SALIENT FEATURES

• It clearly defines the offence of human trafficking and all of its forms and manifestations.(Section-2)
• It provides a mechanism for the security and welfare of the victims of trafficking with the assistance of NGOs (Rule-4)
• All offences under this ordinance have been declared as cognizable, non bailable & non compoundable. (Section-8)
• It not only provides compensation to victims (Section-6) but also provide severe punishments against the offenders, repeaters and organized gangs which may extend to a maximum punishment of 14 years. (Section-3)

RULES

Government of Pakistan has also framed rules under P&CHTO in 2004 which provide guidelines to the law enforcing agencies for the following purposes:-

• Investigation and prosecution under P&CHTO
• Security and welfare of the victims.
• Referral of victims to shelter homes.
• Association of NGOs for security & welfare of the victims and their rehabilitation.
• Repatriation of victims to their country of origin.

ESTABLISHMENT OF Anti Trafficking Unit

• Human trafficking is the burning issue at national and international level. It is, therefore, being focused by the Government accordingly.
• A steering committee has been established in MOI to monitor and review combating efforts against human trafficking.
• Joint Secretary (Security) MOI has been declared as focal point for coordination and exchange of information.
• FIA being the lead Agency has established Special Unit to be called Anti Trafficking Unit (ATU) at FIA HQrs to deal all matters relating to human trafficking more effectively.
• To ensure country wide coverage of human trafficking, sub units of ATU have also been established in all Zonal Directorates of FIA at Karachi, Lahore, Rawalpindi, Peshawar and Quetta.

TASKS OF Anti Trafficking Unit

• To Prevent & Protect victims of trafficking.
• To investigate cases & prosecute culprits.
• To build a data base of human traffickers.
• To liaise with NAS of US Embassy, NGOs, Provincial Police etc.
• To develop a referral mechanism for the transportation of victims to shelter homes and their repatriation to the country of their origin.

ACHIEVEMENTS

• FIA has registered as many as 747 enquiries and 850 cases against human traffickers during the year 2003 to February 2005.
• During this process 642 culprits involved in human trafficking have been arrested.
• After completion of investigation 316 cases have been sent to Court for trial purposes
• 74 cases have been convicted so far and rest are under trial.
• Effective monitoring is being ensured to improve quantity and quality of the achievements under P&CHTO.

CAMEL JOCKEY

• Extremely poor and minor children from Bahawalpur, Rahimyar Khan, D.I. Khan, Hyderabad & Sukkur are being smuggled to UAE with the consent of their parents.
• They are being subjected to worst kind of human trafficking to serve as “Camel Jockeys”
• Strict vigilance is being observed on all authorized routes to control their exit abroad on forged documents.
• Their movements across the porous Pak - Iran border and through coastal area can also be controlled after the establishment of proposed immigration check posts and passport circles.
• Cases have been registered against their traffickers by FIA in Quetta, Lahore and Karachi.
• UAE Government has also passed a law which disallows minors of less than 15 years and 45 k.g. to be used as cameljockeys. This would also discourage their flow from Pakistan.

TARGETS

• To target criminals exploiting the needy and put an end to Human Trafficking and smuggling.
• To eradicate illegal immigration through authorized routes, where FIA immigration check posts are functional.
• To establish additional immigration check-posts and passport Circles to control illegal immigration through Pak – Iran border and coastal areas of Balochistan where no immigration staff is deployed at present.
• To launch effective campaign against the culprits involved in smuggling of camel jockeys to control their immoral and illegal activities.
• To remove Pakistan from Tier-2 Watch List through successful arrest and convictions of human traffickers by effective application of P&CHTO 2002.

MASS AWARENESS CAMPAIGN

Human Trafficking and smuggling have local, regional and international ramifications. Strong awareness and cooperation at all level is required to control it effectively. Following steps have been taken

• Cooperation between FIA and law enforcement is being enhanced at regional and international level for exchange of information and legal action against the organized gangs operating internationally.
• Coordination and cooperation has been enhanced between various Government agencies and departments through meetings, conference and seminars.
• 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.

CAMEL JOCKEYS

According to the Prevention & Control of Human Trafficking Ordinance 2002 "Obtaining, Securing, Selling, Purchasing, Recruiting, Detaining, Harboring or Receiving a person notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction or by giving or receiving any payment or benefit or receiving a share for such person's subsequent transportation out of or into Pakistan by any means whatsoever for any of the following purposes constitute human trafficking

• Attaining any benefits
• Exploitative Entertainment.
• Slavery.
• Forced Labour.
• Adoption.
• Plans to commit any offence.

TRAFFICKING OF CHILDREN AS CAMEL JOCKEY

Camel racing was a traditional desert sport of Beduin tribes. Today, the desert racing rules have been modified for modern racetracks. The unfortunate aspect of this sport is the usage of innocent children as camel jockeys in these races. UNICEF and non-government campaigners say the children often die or are severely injured as they are tied to the camel's back of scare the camel into running faster. The ages to these children are between 5 to 12 years.

These innocent camel jockeys were trafficked from various countries of Asia to UAE by the human traffickers, who were either kidnapped by these traffickers or poor parents present their children for some money. The countries like India, Bangladesh and Pakistan have been targets for these human traffickers. The situation is quite worse for Pakistan as in the recent past hundreds of children were trafficked to UAE for these races to be used as camel jockeys. Analysis of the information transpired that most of these children belong to Districts Rahimyar Khan and Bahawalpur. Both the districts comprise of desert areas.

REASONS

• Geographical and climatic similarities of both countries i.e. UAE and Pakistan, especially desert conditions of District Rahimyar Khan and Bahawalpur.
• Children of these localities are more familiar with camel riding.
• Poverty.
• Unemployment and lack of opportunities.
• Contacts of UAE nationals with the inhabitants of above two Districts.
• Ignorance of trafficking consequences for camel races.

MODUS OPERANDI

The modus operandi of smuggling of the children is as under

• Most of the children were smuggled by Agents with fake parents. In this regard, they firstly prepare Nikah Nama, Birth Certificate, "B" Form and get endorsed those children on fake mother's passports.
• In some cases the real parent's smuggle their own children. Agents only facilitate them to get documents and visa etc.
• The real parents arranged Ziarat Visa of Iran and trafficked the children via Quetta – Iran and ultimately reach UAE.

PRESENT SITUATION OF CAMEL JOCKEYS

The UAE Government has banned the use of children as Camel Jockeys below 45 Kg in weight and 14 years of age. During the year 2005, 185 camel jockey children have been deported from UAE. Among them 101 children have been handed over to their parents and 84 are still in the custody of Child Protection and Welfare Bureau Government of Punjab, Lahore. Up till now, 69 cases have been registered in FIA, Passport Circle, Lahore during the year 2005. In these cases 34 Fathers and 15 Mothers have been arrested as facilitators. During investigation, 3 agents and 3 sub-agents were also arrested and they are still in Judicial Lockup. Reportedly two agents have expired, while all the facilitators are on bail. Few identified agents are still at large.

Cases are under investigation and up till now challans in 25 cases have been submitted in the trial court. No accused has been convicted or acquitted.

STEPS TAKEN BY FIA

• Establishment of Anti Trafficking Units for investigation of Human Trafficking cases, especially camel jockey.
• Preparation and updation of database of Human Traffickers.
• Speedy trial of cases registered against Human Traffickers.

PROBLEMS

• Facilitators/Parents do not disclose the complete facts and particulars of agents.
• Shortage of staff and vehicles.

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.

ROLE OF PUNJAB GOVERNMENT & UNICEF

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.

FURTHER STEPS

Sources and intelligence network has been spread especially focusing Rahimyar Khan, Dera Ghazi Khan, Bahawalpur and Multan Districts. This will help to unearth agents whose addresses are incomplete and parents are reluctant to disclose the facts.

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.

Bali Process Workshop,1-3 April 2009,Manila Philippine

The workshop was attended by 53 delegates, representing 24 Bali Process member countries and international organization.

The workshop was opened, by Deputy Commissioner for the Philippine Bureau of Immigration, General Enrique B Galang Jr. In his opening speech, General Galang stressed the importance of the role of immigration agencies in fighting people smuggling, trafficking and other transnational crime. In an environment of increasing technological advancement, it is vital that immigration agencies, as gatekeepers to their country, exercise sound document examination capabilities. General Galang urged delegates to form networks and build partnerships to further develop and enhance a regional approach to information sharing.

Objectives of the workshop

• An improved understanding of the different levels of document examination capability required within the immigration environment and the different levels of training required to develop and maintain that capability.
• An appreciation of document examination structure, management and training, to better place organizations in requesting and receiving appropriate international support in the future.
• An improved awareness of the different ways document examination alerts are used within organizations and strategies that can be employed to facilitate effective creation, use and distribution.

Co-Chairs

The opening statements by the co-chairs Mr. Sam Vallada, Chief, Anti-Fraud Division of the Philippines Bureau of Immigration and Ms Cath Wilson, A/g Assistant Secretary of the. Identity Branch of the Australian Department of Immigration and Citizenship, provided a clear context for the workshop.

Delegates were encouraged to take the opportunity to exchange information and work together towards some achievable outcome to practically assist the whole region in the prevention of people smuggling, human trafficking and related transnational crime.

Presentations and group discussions

The workshop was presented in five parts as follows

• Part 1 addressed the development and maintenance of document examinationcapability.
• Part 2 looked at the strategies employed in an e-learning environment.
• Part 3 was about document examination alerts and information.
• Part 4 focused on document examination equipment.
• Part 5 was visit to the Philippines Passport Office of the Department of Foreign.
• Affairs and the Forensic Document Examination Laboratory at Ninoy Aquino International Airport.

On the first day, Australia made a presentation distinguishing, the levels of document examination required within the immigration environment. The presentation also addressed relevant training and the anti-document fraud manager's role in the immigration environment. The Philippines followed with a presentation of the Philippines' experience in developing a document examination laboratory over a five year period. The presentations offered opportunities for discussion by all delegates and provided a good basis for detailed discussion within break out groups.

Delegates formed three groups to further discuss the development and maintenance of document examination capability in an organization. They focused on training and skills development as well as equipment requirements and management of the document examination function. The delegates acknowledged and discussed the different and complementary roles that frontline immigration officers, secondary immigration officers and managers each play within the document examination framework.

The first part of the second day addressed the various ways that training and learning can take place, including a presentation by Singapore on the implementation and management of an e-learning document examination portal.

Delegates in three groups then work shopped ideas pertaining to document examination alerts and information sharing. During lively and interactive discussions, participants drew on their own experiences in identifying fraud and strategies for the examination of documents. Notably the discussions were centered on the development and maintenance of document examination capability and the document examination alerts and information systems.

Later in the week delegates visited the Passport Office of the Department of Foreign Affairs to view the issuing of Philippines' machine readable passports, and the Philippines Bureau of Immigration to view the forensic document examination laboratory at Ninoy Aquino International Airport.

Delegates also had the opportunity to view the latest document examination equipment which was provided and showcased by two industry specialists from the United Kingdom and Switzerland.

Key Findings

• Foundation training in document fraud detection is necessary for staff undertaking the immigration function at the primary line.
• More advanced training in document examination is necessary for staff undertaking the secondary (supervisory) inspection role.
• In each case follow-up/refresher training in document fraud detection and document fraud trends is necessary (for example half to one day every sixmonths).
• Sophisticated and costly document examination equipment is not essential for most document fraud detection and document examination on the primary andsecondary line.
• In these settings hand-held or simple desk mounted equipment are appropriate and should be provided.
• Document fraud alerts are very helpful for staff undertaking the document examination role and need to be swiftly accessible to all staff at the primary and secondary line.
• There is a strong willingness to share information including document examination alerts but there is currently no coordinated document alerts dissemination means.

Outcomes

• Delegates established informal networks which will be further developed asinformation is shared.
• Delegates agreed to establish a small group to develop a model for the collection and dissemination of document alerts by participating Ball Process immigration agencies. The group would report back to delegates (using the address list produced by the workshop) on its findings. Membership of the group is XXX.
• The group will also investigate whether the Bali Process website could be used as a document examination information site.
• Australia will explore the possible development of a basic document examination e-learning package to be made available through the Bali Process website.

Acknowledgments

Participating members agreed the objectives of the workshop were met and look forward to keep newly-formed networks active.

Workshop participants expressed their appreciation for the hospitality of The Philippines and Australia in hosting the workshop, the presenters from Australia, Philippines and Singapore for their excellent presentations and the assistance provide by the workshop secretariat.

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