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Recent Trends of Human Trafficking and Migrant Smuggling to and from Pakistan

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Recent Trends of Human Trafficking and Migrant Smuggling to and from Pakistan 1 Copyright © United Nations Office on Drugs and Crime (UNODC), July 2013 This report is an internal UNODC document not meant for wide public distribution. It is part of ongoing expert research undertaken by UNODC to inform the development and management of its programme of assistance. The aim is to identify needs and offer long-term strategic solutions to support Pakistan in areas related to UNODC mandates, including: trafficking in persons and smuggling of migrants. This report has not been formally edited. The contents of this publication do not necessarily reflect the views or policies of UNODC or contributory organisations and neither do they imply any endorsement. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of UNODC concerning the legal status of any country, territory or city or its authorities, or concerning the delimitation of its frontiers or boundaries. 2 Foreward This report was commissioned to better understand the emerging situation in Pakistan related to human trafficking and migrant smuggling. The United Nations Office on Drugs and Crime (UNODC) in Pakistan developed the Country Programme (2010-2014) in collaboration with the Government of Pakistan. As part of the programme our office in Pakistan is committed to provide technical assistance to our government counterparts in combating human trafficking and migrant smuggling. Thus, we have conducted this research study to further understand human trafficking and migrant smuggling situation in Pakistan by developing profiles of transnational migratory movements to and from Pakistan. It identifies emerging trends and describes the different methods used by traffickers and smugglers. The report is designed to recommend specific actions that can be taken by the Government of Pakistan – and in particular the Federal Investigation Agency-to increase effective intervention against human trafficking and migrant smuggling. It would assist the law enforcement agencies in Pakistan to plan more effectively and allocate resources based on priority areas which are identified in the report. Lastly, I would like to extend my gratitude towards the Federal Investigation Agency (FIA) for providing statistics and important feedback for this research. We shall endeavor to continue assisting our national counterparts in our fight against human trafficking and migrant smuggling. Thank you César Guedes Country Representative 3 4 Acknowledgements This report is the result of a research to identify recent trends of human trafficking and migrant smuggling to and from Pakistan. Over the period of four months Dr. Mi Zhou (UNODC Consultant) coordinated with the staff at the Federal Investigation Agency, Director of Immigration Dr Usman Anwar and his predecessor, Mr Aamir Ali Khan in data collection. Adding to this, advice was also provided to her by the Assistant Directors Messrs Hazrat Ali, Zeeshan Gondal, Mohammad Ahmad Bhatti. UNODC also thanks Assistant Director Mr Khurram Saeed Rana in Lahore, who was an invaluable source of information. This research was accomplished with support of inspirational members of the community, whereas everything discussed is not directly included in the report. We are also grateful to the women who shared their expertise and passion, and mostly those who have fought against gender based violence and trafficking of women and children at the grass root level especially Mrs Lubna Tayyab at Sheed; Ms Sidra Humayun at War Against Rape; Mrs Valerie Khan at Group Development Pakistan; Mrs Manizeh Bano, Ms Rizwana Akhtar at Sahil; Ms Shameela Ahmed and countless others who recommended readings, provided reports, and shared their knowledge generously. Our warm thanks and appreciation go to Dr Mi Zhou1 the writer of this report and thanks are also extended for the valuable contribution made by UNODC staff Mr Naweed Riaz, Ms Shahida Gillani, and Mr Arsalan Malik, for facilitating the research and sharing their insights. 1 Dr. Mi Zhou BA/LLB,MA(UNSW);PhD (Cambridge), Email: [email protected] Mi Zhou is a lawyer specializing in migration and refugee law, human rights, and minority rights. She has worked in multiple jurisdictions and has acted in claims for socio-economic rights and refugee status in Egypt, South Africa, and Australia. She has worked on Constitutional and setting up minority rights mechanisms in Kosovo. As a litigator, she has brought constitutional and civil claims to courts in Australia and South Africa. She lectured on politics and migration at graduate level in the UK and was also a resettlement consultant for UNHCR in Pakistan. 5 6 Contents 1 Executive summary ............................................................................................................... 1 1.1 Smuggling of migrants to Pakistan ............................................................................ 1 1.2 Smuggling of migrants from Pakistan ........................................................................ 1 1.3 Trafficking in persons to Pakistan .............................................................................. 2 1.4 Trafficking in persons from Pakistan ......................................................................... 3 1.5 Law enforcement response and recommendations ................................................. 3 1.5.1 Interdiction ............................................................................................................ 4 1.5.2 Prosecution............................................................................................................ 4 1.5.3 Protection and prevention .................................................................................... 5 2 Introduction ......................................................................................................................... 7 2.1 Objectives ................................................................................................................... 8 2.2 The problem of data ................................................................................................... 8 2.3 Methodology and limitations .................................................................................... 9 3 Fundamental confusion: victims or offenders? .................................................................... 11 3.1 Ambiguities in the Prevention and Control of Human Trafficking Ordinance ....... 11 3.2 Implications for law enforcement ........................................................................... 12 3.3 Terminology and structure....................................................................................... 14 4 Smuggling of migrants ........................................................................................................ 17 4.1 Pakistan as destination country ............................................................................... 17 4.1.1 Legal framework ................................................................................................. 17 4.1.2 Scale and trend .................................................................................................... 17 4.1.3 Afghans ................................................................................................................ 19 4.1.4 Bengali, Bangladeshi, and Burmese ................................................................... 20 4.2 Pakistan as a transit country .................................................................................... 22 4.3 Pakistan as source country ...................................................................................... 23 4.3.1 Legal framework ................................................................................................. 23 4.3.2 Scale and trend .................................................................................................... 23 4.3.3 Destination Europe .............................................................................................. 26 4.3.3 Destination Australia ........................................................................................... 36 5 Trafficking in persons .......................................................................................................... 43 5.1 Legal framework ....................................................................................................... 43 5.2 Distinguishing smuggling of migrants from trafficking in persons ........................... 43 5.3 Pakistan as destination country ................................................................................ 44 7 5.4 Pakistan as a source country ..................................................................................... 45 5.4.1 Destination Europe: male victims ........................................................................ 45 5.4.2 Destination Gulf: dancing girls ............................................................................. 46 6 Law enforcement response ................................................................................................. 53 6.1 Interdiction ................................................................................................................ 54 6.2 Prosecution ............................................................................................................... 57 6.2.1 Compoundable offences ...................................................................................... 61 6.2.2 Use of the Prevention
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