BALI PROCESSON PEOPLE SMUGGLING, TRAFFICKING IN PERSONSAND RELATED TRANSATIONAL CRIME

Ad Hoc Group ProgressReport by the Co-Chairs lTheAHG comprisesAfghanistan, , , India, ,, ,, , Pakistan, , , as well as representativesfrom the Officeof the UnitedNations High Commissionerfor Refugees,the International Organization for M igrat ion.f In April 2009,Ministers at theThird Bali RegionalMinisterial Conference on People Smuggling,Trafficking in Personsand Related Transnational Crime (Third MinisterialConference) re-established the Ad Hoc Group(AHG) to developregional responsesto currentchallenges. The AHG wastasked to: developpractical outcomes at theoperational level to assistcountries to mitigateincreased irregular population movements;enhance information sharing arangements between most-affected countries;and report to Co-Chairsthrough the SteeringGroup with recommendations to informfuture regional cooperation on peoplesrnuggling and trafficking in persons.

TheAHG hasmaintained a regularprogram of activityat bothsenior official and workinggroup level and has made substantial progress in achievingthe objectives set by Ministersin 2009. Nonetheless,people smuggling and trafficking in persons remainpersistent challenges for AHG members.

Coordination,funding and administration

The SteeringGroup has overseen the work of theAHG. IOM hasprovided support on administrativeand substantive matters.

Fundingfor AHG activitiesand administration has been a mixtureof targeted contributions(notably by New Zealand,Japan, the UnitedStates, the European Union, Indonesiaand Australia) and in-kind contributions from thosecountries that have hosted Bali Processactivities (including lndonesia, Thailand, Sri Lanka,Malaysia, andthe Maldives). The United States has also provided generous funding in supportof AHG events.The Co-Chairs and Steering Group will continueto considermeans to securefunding for bothspecific activities and core funding.

Activitiessince the Third MinisterialConference

AHG SeniorO-fficials' Meetines

Outcomesof thefirst meetingof seniorofficials of theAHG (AHG SOM),in Bali in July 2009,included agreement to: improvelegal and law enforcementcooperation; measures to focuson particularcaseloads moving through the region;greater cooperation to combat irregularmovements by seaand air; anda proposalto sharebest practice on anti-people smugglinginformation campaigns.

At thesecond AHG SOM in Perthin December2009, officials agreed to developregional responsesbased on four areasof cooperativeengagement: diplomatic and technical assistance;legal and law enforcement;immigration and border management.

Officialsat thethird AHG SOM,in Bali in June2010, recognised the critical role that consistentapproaches, including in processingtimeframes, accommodation and treatment of irregularmigrants, would play in ensuringthat the effortsof source,transit and destinationcountries contributed to stemmingirregular movement through the region.

A fourthmeeting of AHG seniorofficials is scheduledfor 9 March2011 in Bali.Final co- chairsstatements from themeetings are available at www.baliprocess.net.

AchievingAHG Objectives

TheAHG hasproved an effectivemechanism in advancingthe aims set by Ministersin 2009. A substantiveprogram of workshopshas effectively addressed a number of the priorityaction areas identified by AHG officials.A list of theeight AHG workshopsand a summaryof theiroutcomes is at AnnexureA. Co-chairs'statements from theworkshops areavailable on theBali Processwebsite at www.baliprocess.net.

Theworkshop program has given officials an opportunity to developpractical outcomes at an operationallevel that address irregular population movements in theregion. Many of theseoutcomes are specific and pragmatic. For example,officials at theWorkshop on PassportIntegrity in KualaLumpur in July2010 conducted exercises with theassistance of InternationalCivil AviationOrganisation assessment tools to identifyand mitigate risksin theirpassport issuance processes.

TheAHG hassuccessfully enhanced information sharing between countries in theregion. In additionto theinformation sharing opportunities provided by workshopsand SOMs, AHG membersremain committed to thefurther development of the RegionalImmigration LiaisonOfficer Network, or RILON. Onceoperational, RILON will haveteams in at leastseven regional capitals and will shareinformation on a rangeof activities,including visaand fraud trends; generic modus-operandi of peoplesmugglers/traffickers; statistical dataon irregularmigration; and oppor-tunities for capacitybuilding and training. The follow-upto theMarch 2010 Technical Experts Group on the IrregularMovement by Air meetingis to beheld from 9-l I May201I in Colombo,Sri Lanka.This meeting representsthe next important step in advancingthe RILON concept.

Overthe past two years,the focus of theAHG hasreflected an expansion in members' effortsto addresspeople smuggling, trafficking in personsand inegular migration at a regionallevel. In additionto thetraditional Bali Processinterest in borderintegrity and law enforcementmeasures, AHG membershave increasingly tumed their attention to issuesof protection,resettlement, repatriation and reintegration as a meansof addressing irregularmovements.

At theProtection, Resettlement and Repatriation workshop in Bali in June2010, participantsagreed on thedesirability of developingand applying consistent standards for protection,resettlement and repatriation at a regionallevel. Disparitybetween approaches in theareas of timeframes,accommodation and the treatment of irregularmigrants was identifiedas a contributorto irregularmigration, and participants agreed that uniformity in theseareas would be a strongdisincentive to irregularmigration.

Participantsat theJune AHG SOM reiteratedthese themes. The UNHCR and IOM subsequentlyconvened workshops to furtherconsider a comprehensiveregional approach to refugeesand irregular movements, and repatriation and reintegration assistance respectively.

At theworkshop on regionalcooperation on refugeesand inegular movements, in Manila in November2010, UNHCR distributed a discussionpaper titled 'RegionalCooperative Approachto addressRefugees, Asylum Seekers and lrregular Movements'. The paper advocatedthe developmentof a RegionalCooperation Framework. Participants at the workshopwelcomed the paper as a usefulreference point for thedevelopment of workableframework affangements. Participants saw value in complementingnational responsesand addressing existing gaps through an inclusive,but non-bindingregional cooperationframework to respondto complexpopulation and refugee movements in the regionin a morepredictable manner.

IOM conveneda technicalworkshop on repatriationand reintegration immediately followingthe UNHCR workshop. Harmonisation of regionalapproaches to repatriation andreintegration and the consistent application in theregion of internationalinstruments, suchas the Protocol on Smugglingof Migrants,were considered important in the preventionof secondarymovements. A regionalcooperation framework would offer opportunitiesto realisethese objectives.

TheJuturefor the AHG Despitethe AHG's successes,people smuggling and trafficking in personsremain challengesfor all statesin theregion and AHG membersare committed to continuing their effortsto combatthese transnational crimes.

Traditionalborder integrity and law enforcementcooperative measures will remaina core componentof theAHG's work. Recentinitiatives on protection,resettlement, repatriation andreintegration have underlined the collective responsibility of source,transit and destinationcountries in respondingto mixedmigration and have highlighted the need for agreementto a frameworkfor regionalcooperation to underpinpractical arrangements. Coreprinciples of a regionalframework could include the harmonisation of processing anangements,both in termsof theopportunity to makeasylum claims and the assessment of thoseclaims; delivering durable solutions, including resettlement, for thosedetermined to be in needof internationalprotection; and the sustainable, safe retum of peoplefound not to be owedprotection. Given this focus and pursuant to Ministers'original direction to the SteeringGroup to draw participationfor the AHG from the 'most-affected countries',we wouldrecommend opening AHG membershipto otherinterested Bali Processmembers or participants.

Conclusion

In lookingforward, the AHG andthe Bali Processmore broadly should seek to build upon its past:enhanced capacity, a sharedunderstanding of the issuesand a strengtheningof linkagesbetween the region's counterpart agencies. We believethe Ad Hoc Group remainsa relevantand highly effectivemechanism for progressingthe region's common aims.We commendthe AHG to Bali ProcessMinisters as the appropriate vehicle through whichto supportand inform future regional cooperation on peoplesmuggling, trafficking in personsand irregular movements generally. We believethe AHG couldusefully providea forumfor participatingStates to sharetheir experiences and knowledge flowing from measuresimplemented under a regionalcooperation framework. ThisCo-Chairs' report wasconsidered by Ad Hoc Groupsenior olfuials at theAHG SOMin Bali on 9 March 201L

Di rector Gentralfo/Asia-Ilac i fi e Ambassadorfor PeopleSmuggling Issues & African Affairs andActirle Director Depadmentof ForeignAffairs and Trade Generalfor Multilateral Affairs Australia Departmentof Foreign Affairs Republicof lndonesia

4 ANNEXURE A

AHG WorkshopSummaries

October 2009: Best Practice Inforntation Campaignsto Combat People Smuggling Workshop,Bangkok. Participantsat the Workshop agreedthat public awareness campaignswere an importantmeans of preventingpeople smuggling and , and that informationcampaigns should seek to convey a broadrange of messages,beyond the obviousdangers and illegality of irregularmigration. Participants agreedto intensifyregional cooperation in informationexchange in the interestsof achievingmore effectiveresults in addressingirregular migration.

December 2009: Inter-regional People Smugglingand Human Trfficking Conference, Semarang.Law enforcementagencies that participatedemphasised the importanceof intelligenceand informationexchange; the importanceof capacitybuilding to enhance investigativecapabilities; and assigningsingle national points of contactwithin the law enforcementgroup in the region.

March 2010: TechnicalExperts Group on the lrregular Movementby Air meetingin Colombo. This group is taking forward the establishmentof a Regionallmmigration Liaison Officer Network, or RILON, a key information-sharinginitiative of the AHG.

June 2010: I(orkshopon RegionalProtection, Resettlement and Repatriatio,n,Bali. The Workshop agreedon the desirabilityin developingand applying consistentstandards for protection,resettlement and repatriation,at the regionaland at the nationallevel. Disparity betweencountries' approaches contributes to irregularmovement, and uniformity throughout the region would be a strong and effective disincentive to potential irregularmigrants. The Workshopalso recognized the importanceof consistencyin the areasof timeframes,accommodation and treatment of irregularmigrants.

July 2010: Workshopon Passport IntegritynKuala Lumpur. The three central themesof this AHG workshopwere securingpassport issuance, security of travel documentsand working with bordercontrol authorities.The workshopincluded a field trip to the MalaysianImmigration Department' s passportissuance centre.

November 2010:Regional Cooperation on Refugeesand lrcegular Movements Workshop,Manila. Building upon the AHG's discussionsin Junein Bali, Participantsin this workshopsaw value in complementingnational responses and addressingexisting gapsthrough an inclusive,but non-bindingregional cooperative framework to respondto complex populationand refugeemovements in the region in a more predictablemanner.

November 2010: TechnicalWorl

December 2010: Workshopon VisaIntegrity, Maldives.The workshopexplored visa regimesof AHG membersand discussedopportunities to improve them. Participantswere briefed by IOM on intemationalstandards for visa label developmentsand issuing.