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Human Trafficking and Migrant Smuggling

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Human Trafficking and Migrant Smuggling Title Page Research and Analysis Centre - a UNODC and FIA Collaboration UNODC's program on illicit trafficking and border management (Sub-Program1) enhances the core capacities of Pakistan's law enforcement agencies to reduce illicit trafficking and manage borders primarily through the provision of specialized training and equipment. Law enforcement agencies struggle to interdict trafficking and smuggling of various kinds and scales, which poses a challenge to the governance, development, and security of the country. In January 2014 a Memorandum of Understanding was signed between UNODC COPAK and the Federal Investigation Agency (FIA) to establish a Research and Analysis Centre at FIA Headquarters in Islamabad. The purpose of this initiative was to enhance legal, regulatory, and enforcement frameworks on human trafficking and migrant smuggling. It added to knowledge and skills within the migration-related law enforcement agencies and improved information collection, analysis, and coordination of migration-related crimes. The Research and Analysis Centre (RAC) was officially inaugurated on 1 May 2014. Currently three researchers from UNODC and two from the FIA have been placed at the Centre, with necessary equipment and software provided by UNODC. The findings of this report are based on research conducted at RAC over the past year. Abbreviations AHTC Anti Human Trafficking Circle AJK Azad Jammu and Kashmir BL Black List CIS Centre for Immigration Studies DFD Deported on Forged Document ECL Exit Control List FATA Federally Administered Tribal Areas FIA Federal Investigation Agency FIR First Information Report GOP Government of Pakistan GB Gilgit-Baltistan GDP Gross Domestic Product ICT Islamabad Capital Territory ILO International Labour Organization IVU Immigration Vigilance Unit IAU Internal Accountability Unit IOM International Organization for Migration KPK Khyber-Pakhtunkhwa Province LEAs Law Enforcement Agencies NADRA National Database and Registration Authority NPB National Police Bureau OFD Offloaded on Forged Documents OPCC Overseas Pakistanis Coordination Cell PACHTO Prevention and Control of Human Trafficking Ordinance TVPA Trafficking Victims Protection Act USAID United States Agency for International Development WL Watch List Definition and Terms Human Trafficking꞉ Human trafficking is the criminal and illegal trading of human beings for the purpose of exploitation (this often includes both forced labour and sexual exploitation). It is defined by a movement (or migration) into a nonconsensual situation of exploitation (or harm) that results in the loss of control by an individual over his or her own situation. Trafficking can occur within a country or across national borders. The UN Trafficking Protocol of the Transnational Convention on Organized Crime (also known as the “Palermo Protocol”) defines human trafficking as:- "The recruitment, transportation, transfer, harboring or receipt of persons" (the movement), "By means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person" (the means), "For the purpose of exploitation" (the purpose). The Protocol notes that "exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs." As per the Prevention and Control of Human Trafficking Ordinance 2002 (PACHTO Ordinance 2002), human trafficking means 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 sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any purpose. Irregular Migrant꞉ An irregular migrant is an individual who migrates from one country to another without the destination country’s legal authorization or, one who has migrated with legal authorization but remained in the country after it expired or terminated. The term irregular migrant rather than illegal immigrant is increasingly used by organizations that work in the field of migration, such as the International Organization for Migration (IOM), because it is more neutral and does not carry the stigma attached to the other term. Deportation꞉ Deportation is the removal from a country of a noncitizen whose presence in that country is unlawful. Deportation is primarily a result of his/her irregular status of having entered without proper authorization such as a visa or work permit, or entered with proper authorization but having violated the terms such as working without permission or staying beyond the visa expiry date. Offloaded on Forged Passengers under the following categories are defined as OFDs Documents (OFDs): and shall be detained for legal action:- Fake, forged, counterfeit, tampered passport, visas and residence cards, and other associated travel documents Concealing facts related to travel documents Fraudulently acquired travel documents Impersonation Offloaded for Incomplete Passengers under the following categories shall be defined as Documents (OIDs): OIDs and shall be stopped from travelling abroad and afforded an opportunity to rectify the shortcomings:- Expired passport Expired visa Non endorsement of children on visa/passport Travelling on work visa without protector clearance Difference of name in passport and visa Difference in date of birth in passport and visa Difference of passport number in visa Travelling on visit visa without return ticket Travelling on visit visa without hotel booking/sufficient funds Travelling without transit visa. Government servants travelling without government permission/leave Unsatisfactory answers to queries Other infringements Deported on Forged Documents Deportees having travelled on illegal documents under the (DFDs): following circumstances shall be detained and sent to Anti Human Trafficking Circles-AHTCs for legal action:- Persons shall be classified as "Category A" deportees if they have travelled on:- Fake, forged, counterfeit, tampered passports, visas and residence cards Concealing and miss-declaring facts related to travel documents Impersonation A person shall be classified as a "Category B" deportee if he/she has travelled on genuine travel documents from the port of embarkation but has subsequently presented different or illegal documents at transit. Watch List: The watch list includes:- Persons placed on the Exit Control List Data of stolen, lost, missing, blacklisted passports and visas Persons wanted by Interpol Persons wanted by law enforcement agencies Habitual offenders of immigration laws Map of Pakistan Table of Contents 1. Introduction Chapter 1 ............................................................................................................ 1 1.1 What is human trafficking? ........................................................................................ 1 1.2 Migrant Smuggling: Definition and its confusion with human trafficking ............... 1 1.3 Difference between smuggling and trafficking ......................................................... 2 1.4 Compliance with international laws and conventions .............................................. 2 1.4.1 International Laws ................................................................................................ 3 1.5 National Laws related to Human Trafficking: ............................................................ 4 1.5.1 Prevention and Control of Human Trafficking Ordinance 2002 .......................... 5 1.5.2 Immigration Ordinance 1979 ................................................................................ 5 1.5.3 Pakistan Penal Code (PPC) 1860 ........................................................................... 5 1.5.4 The Constitution of Pakistan 1973 ....................................................................... 5 1.6 Definition of trafficking under Pakistani laws ........................................................... 6 1.7 Relevant Law Enforcement Agencies: ....................................................................... 6 1.8 An Overview of FIA Immigration Wing ...................................................................... 8 1.9 Known Routes ............................................................................................................. 9 1.10 Push Factors: ........................................................................................................... 9 2. An Overview of Human Trafficking and Migrant Smuggling in Pakistan Chapter 2 .............. 11 2.1 Pakistan as Source, Transit, and Destination Country ............................................ 11 2.2 Economic Migrants from Pakistan ........................................................................... 12 2.3 Traffic Handled during year 2014 ............................................................................ 14 2.4 Deportees Received ................................................................................................. 14 2.5 Reasons for Deportation ........................................................................................... 16 2.6 Deportation
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