On the 3rd of November 2020,Global Research Forum on Diaspora Transnationalism [GRFDT],Migrant Forum in Asia [MFA], Cross-Regional Center for Refugees and Migrants [CCRM] and Civil Society Action Committee (CSAC) hosted a joint virtual panel discussion on Global Compact on Migration [GCM] Objective 10: Prevent, Combat and Eradicate Trafficking in Persons in the Context of International Migration.
The discussion was moderated by Ms. Paddy Siyanga Knudsen, Migration Governance Analyst. Ms. Bandana Pattanaik, International Coordinator for Global Alliance Against Traffic in Women, Ms. Chandrika Karunaratna, Policy Specialist and Head of Governance at UNDP, Ms. Anusha Abeywickrama-Munasinghe, National Program Officer of UNODC South Asia, Ms. Moomina Waheed, Commissioner for the Human Rights Commission for Maldives and Mr. Jerome A. Alcantara, Executive Director, Blas F. Ople Policy Centre and Training Institute, were the panelists in the virtual discussion.
Integrating Human Trafficking Legal Efforts
Ms. Bandana Pattanaik began her address by stating that for an easy understanding of the GCM objective 10, it is important to look at it in conjunction with two other international instruments: The Protocol to Prevent, Suppress and Punish Trafficking in Persons, otherwise known as the Palermo Protocol, and the United Nations Office of the High Commissioner for Human Rights (OHCHR)Recommended Principles and Guidelines on Human Rights and Human Trafficking.
The Palermo Protocol seeks to address the transnational organized crime while the OHCHR document is a set of strong recommendations that closely follows the Palermo Protocol. The GCM Objective 10, on the other hand, seeks to achieve its objective by strengthening capacity and international cooperation to investigate, persecute and penalize trafficking in persons to discourage the demand to foster such exploitation and impunity of trafficking networks. It also enhances the identification and protection, and provision of assistance to migrants who have become victims.
Ms. Pattanaik reckons that the narrow scope of GCM objective10 is the reason why it fails to mention in any form, the OHCHR guidelines anywhere, nor does it make an explicit mention of the rights of trafficked persons. This is in sharp contrast with the Palermo Protocol article 11(1) which explicitly formulates an obligation upon its state parties to strengthen border controls.
‘Stringent border control has done nothing to prevent human trafficking; it has only aggravated the vulnerability of working-class migrants and has put many of them in harm’s way.”:Ms. Bandana Pattanaik
The mild and vague action plan of Objective 10 to monitor irregular migration routes can be seen as migrant friendly. However, Ms. Pattanaik cautions against making these formulations become a sugar-coated legitimization of the ongoing policing and surveillance of migrant workers.
The second part of the action point 3 of GCM objective 10 on monitoring migration routes also mentions cross border cooperation. Ms. Pattanaik warns that if the actions of the European member states of funding the countries of origin and transit to strengthen their border patrol and prevent migrants and refugees from crossing over, for instance their support of the Libyan coast guards and providing them with surveillance equipment and intelligence, are anything to go by, then it is bound to backfire. Ms. Pattanaik concluded her presentation by stating that covert support for policing of borders by states, lets them out of the hook of human rights obligations; so, we need to be careful that GCM-10 does not give further endorsement to such measures.
Impact of COVID-19 on Migration policy
Ms. Anusha Abeywickrama-Munasinghe began her presentation by solidifying Ms. Pattanaik’s assertion that the Palermo Protocol is the most important protocol embraced in respect to issues related to trafficking in person. The Palermo Protocol has strengthened efforts to prevent trafficking. The UNODC framework, on the other hand, is guided by three pillars of prevention, protection and prosecution. Ms. Abeywickrama-Munasinghe asked two important questions in her presentation: How do you address internal inflows of migration if you only look at GCM-10?How do you fine-tune policy to address trafficking concerns in both international and internal migration? Ms. Anusha emphasized that there is a need to not only focus on GCM.
“We also have to look at how the scenarios have changed due to COVID-19”. For instance, return migrants are facing a wrecked job market, whilemany migrantscontinue to be held upin the host countries. “They are having different set of problems, while people who have come back have different set of problems,” Miss. Anusha Abeywickram-Munasinghe highlighted.
Ms. Anusha further observed that it is important not to use the same policies in addressing these diverse issues. There is also a need to frame policies from the perspectives of return migrants due to COVID-19 and those stuck in the host nations, as well as those who intend to travel regardless of the pandemic.
Capacity Building in Combating Human Trafficking
Ms. Moomina Waheed addressed how the government of the Maldives has been regulating migration, and their efforts in curbing trafficking. The Maldives have ratified the Anti-Human Trafficking Act as a way to combat trafficking, although the Act needs amendment to be in line with the UN protocol. The World Bank estimates an increase in inbound migrants to the Maldives with 60% of them from Bangladesh. Over the past 5 years, traffickers have exploited migrants from Maldives and into Maldives through the confiscation of documents and non-payment of wages. The Maldives Stakeholders National Steering Committee formed under the Anti-Human Trafficking Act has the mandate to deal with the issues of human trafficking.
The government however faces budgetary constraints as well as resource crunch to implement anti-trafficking policies.COVID-19 has also made it hard for training of staff to help in capacity building. However, efforts to conduct awareness campaigns among migrants are promoted and the government of the Maldives is working to deal with issues of undocumented migrants.
“The Human Rights Commission is conducting human trafficking awareness trainings for police and border patrol officers but the problem is when new officials get into power, policies get stalled.”: Ms. Moomina Waheed
Therefore, there is a need for inter-ministerial cooperation to facilitate tangible progress in the efforts to combat trafficking in person.
Coordinating Efforts on Human Trafficking
Ms. Chandrika Karunaratna started her presentation by stating that the effective enforcement of the adopted provisions is one of the challenges faced in any effort to combat human trafficking. There is a need for effective prosecution of perpetrators through obtaining evidence to prove the essential elements of trafficking. However,Ms. Karunaratna was quick to assert that there is limited reporting of trafficking because of fear of reprisals, and there is lack of appreciation of the gravity of the offense by the perpetrators. COVID-19 has stalled the efforts to curb human trafficking as officials are not able to detect and intervene in vulnerable societies because of the regulations such as lockdowns currently in place.
“Where the formal processes, specific trafficking legislations, are not proving effective, it is critical to explore alternate provisions or mechanisms for assisting and protecting victims of trafficking…an alternative way to persuade law enforcement bodies to take actionto investigate,persecute, and to identify, protect and assist victims (of trafficking)”: Ms. Chandrika Karunaratna
It is pertinent to demonstrate the importance of confirming the rights of the victims of trafficking, and to draw laws that ensure a punishment for perpetrators of trafficking while providing compensation for the victims. Ms. Karunaratna concluded her presentation by reiterating the importance of coordinated efforts by legal aid organizations in both receiving and sending states to ensure that protection and re-integration efforts are made in a holistic manner. Ms. Karunaratna also observed that limited reporting is not an indication of non-existence of the problem. There is a need to go beyond the reported cases in order to ascertain the magnitude of the problem.
Importance of Migrant Protection
Mr. JeromeA. Alcantara was the final panelist to speak, and he began his address by highlighting that the Philippines has one of the moststrictly regulated labor migration management system in the world, with very strict requirements for Filipinos going out of the country. But despite that, there is still trafficking of Filipino overseas workers who pass through legal migration channel. His organization helps the families of trafficked individuals navigate through the legal process due to strict and complicated nature of migration management system, which makes it hard and confusing for agents and families to navigate through the system. With COVID-19, all processes have shifted to online platforms, making it harder for families dealing with trafficking, due to the lack of accessibility.
“Government’s diminishing capacity due to COVID-19 means migrants are locked out and there is dependency on the host state government to assist.”: Mr. JeromeA. Alcantara
The overseas Filipino workers are hard hit by the pandemic as the pandemic has changed the face of labor migration forever.
The discussion was concluded by acknowledging the challenges that COVID-19 has brought on the state’s ability to detect and prevent human trafficking, due to lockdown measures and limited man power. With the current setbacks caused by the pandemic, panelists stressed the need for international cooperation and a coordinated mandate in the efforts to combat human trafficking.
Inomusa Ndlovu student of M.A in Political Science at Lucknow University, India, a feminist, and creative writer, with focus on social activism. Her academic and professional interests are in migration and International Relations. She can be reached on Twitter @InomusaCN