Rabab Fatima Regional Representative for South Asia, IOM 11 May 2011, Manila, Philippines

The views expressed in this paper are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper do not imply any view on ADB's part as to sovereignty or independent status or necessarily conform to ADB's terminology.

Pull Factors Push Factors

Population Globalization

Lack of awareness

Env. degradation and Climate Change

TIP TIP
Perceived better Inadequate opportunities legal framework Demand for Socio- Cheap Labour economic factors

G/TIP Ranking

Source/Transit/Destination
Forced Labour

Afghanistan

Tier 2 Watch List

Source, transit and destination

Types: internal, intra-regional and cross border Bangladesh Tier 2 Watch List Primarily source Accurate assessment of the human trafficking situation is complicated by lack of Bhutan Source and reliable data and the ever changing nature of trafficking destination TIP Most commonlyInvoluntary form of(internalSource, transit and destination identified trafficking -women and children for sexual Bonded India Tier 2 Watch List exploitation Servitude Labour and cross border) Nepal Primarily in the Labour trafficking Tier 2 increasingly becoming a major concern sourceregion

Maldives Pakistan

Tier 2 Watch List Tier 2

Primarily destination
Commercial Source, transit and destination Sexual Exploitation

Sri Lanka

Tier 2 Watch List

Primarily source

South Asian states are major countries of origin for labour migrants
Migration-trafficking nexus Increase in trafficking in Recommendations men and for labour exploitation in the region Desperate for foreign employment leads to unsafe migration and increased vulnerability to exploitation

Information awareness electronic and print media, billboards, community meetings, community theatre, interactive dramas, docudramas Facilitate safe and legal migration Provide vulnerable populations with income generating activities Increase capacity of all key stakeholders

Holistic approach prevention through Prevention, Protection, Prosecution, Policy, Partnerships

GAPS
-

RECOMMENDATIONS
-

Inadequate protection for victims of trafficking Victimization; Stigmatization Inadequate rescue and rehabilitation initiatives

Increased resources dedicated to rescue and rehabilitation Strengthen partnerships for rescue and repatriation of trafficking victims within the region Rights based and gender sensitive approach to rescue, repatriation and rehabilitation

High incidences of re-trafficking Limited legal assistance for victims

-

Inadequate privacy and protection of identity of victims

Increase awareness on safe migration and trafficking in persons

GAPS

RECOMMENDATIONS

Generally very low prosecution and conviction rates

Lack of common and concrete definition of trafficking

G/TIP 2010 recommendations for the SAR strengthen prosecution, particularly for labour trafficking cases Strengthen criminal justice systems to protect victims from re-victimization

Limited scope of definitions/law (primarily focused on commercial sexual exploitation) Trafficking for commercial sexual exploitation and for labour exploitation do not carry the same weight

Regular training of law enforcement agents and judiciary members

Increased awareness on safe migration Increased cooperation both at the bilateral level but also at the regional level (through SAARC)

Weak legal framework: both at regional level and at national levels Definitional inadequacies: narrow scope and mandate
Lack of harmonization in definition, offences and penalties Lack of enforcement mechanisms SAARC Trafficking Convention Bangladesh draft comprehensive CT law

Strengthen the legal framework Policy review and commitment Partnership

Prevents, Protects, Promotes SAARC Convention; BD CT law SAARC member states; all stakeholders

Complementary :5 Ps

Regional level: SAARC Convention

SAARC Member Governments decide to review the Convention to address its limitations Consultative process involving all stakeholders: successful advocacy

Recommend adoption of additional protocol

Bangladesh: Comprehensive CT law Review; consultations; advocacy; commitment of GOB Draft law pending final endorsement

Part of a strategic plan to prevent trafficking and promote safe, regular migration Recognition of migration-trafficking nexus Consultative process involving all stakeholders: successful advocacy Rights based approach

Comprehensive definition; compensation; enforcement mechanisms

PROMISING National DEVELOPMENTS IN THE REGION

Comprehensive AntiTrafficking Laws

Regional and International Instruments

Strong commitment by countries in the National Meeting of the region to combat comprehensive laws (eg. trafficking SAARC on CT Regular (Bangladesh, Home/Interior NPAs, National Anti Nepal National and Pakistan) Trafficking Secretaries 2010 Thimphu Situation Committees etc) Declaration Assessments Regional SAARC Task Force

Effective Counter Trafficking

Partnerships are vital to all counter trafficking efforts

International Organizations -Caf Khushi in India -Kafe Mukti in Bangladesh

Examples of successful partnerships in South Asia:

Civil Society Organizations

Most effective CT

Survivors of Trafficking

-Skills training and job placements in Bangladesh, India and Nepal -Popular personalities Goodwill Ambassador in Bangladesh (Member of Parliament and a folksinger) -National anti-trafficking committee in Bangladesh (GoB, NGOs, IOM) -MoU between India and Bangladesh on mutual legal assistance on criminal matters

Governments

Corporate Sector

Greater bi-lateral and multi-lateral cooperation on issues of mutual legal assistance, rescue, repatriation, treatment of victims of trafficking etc. Facilitating safe migration
Harmonization of definitions of trafficking across the region Strengthened SAARC Convention on Trafficking with expanded scope and definition and independent treaty monitoring mechanism Comprehensive national laws on counter trafficking Greater number of regional counter-trafficking programmes Greater dialogue and collaboration with countries of destination and transit

THANK YOU