Codes Of Conduct...Saarc convention on trafficking

Nirbhay Prakash, TT: Human trafficking has been recognized as a transnational, organized crime. Through its 'trafficking protocol' appended to the Convention Against Transnational Organized Crime (both adopted in 2000), the United Nations recognized the global menace and took a holistic approach towards its prevention, protection and prosecution.

Statistics suggest that the Saarc region produces the second largest number of trafficking victims after Southeast Asia. The Saarc responded with the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in 2002 to fight trafficking in South Asia. The convention proved to be a landmark as it is the only agreement at the regional level that addresses human trafficking.

The Saarc convention on trafficking has been adopted as a framework convention, which provides broad guidelines for member states to adopt in their efforts against the trafficking of women and children. It does not, however, require member states to enact dedicated trafficking legislations for implementing the provisions of the convention. Not all Saarc countries have dedicated legislations on trafficking. The few that have been enacted are either limited in scope or non-compliant with the UN trafficking protocol. The convention would have been more effective had it included within its scope 'all forms of trafficking' rather than concentrating only on prostitution.Women and children can also be trafficked for other purposes like forced labour, servitude, forced marriage and surrogacy.

Another important element that should have formed a part of the convention is the provision of 'forfeiture of assets'. This is important as the money generated out of the asset can be used to support rehabilitation programmes. The issue of 'compensation' has not been addressed either. A 'compensation fund' can be established by the sale of the forfeited assets and generous contributions by the member states.

The regional trafficking convention should have also included an explicit provision of 'decriminalization' of the victims of trafficking and, furthermore, ensured that the member states incorporate this element in their domestic legislations. Trafficking victims should be immune from prosecution for illegal entry, producing false travel documents or indulging in prostitution and other related offences as they commit such illegal acts under duress. The decriminalization of trafficking victims is in tune with the best international practices followed in various parts of the world.

Similarly, the convention fails to mention the 'reflection period' to be granted to the victims (especially of prostitution) before initiating the repatriation process. 'Reflection period' implies the granting of time - in days or months - to the victim so that he or she can recover from trauma. This period enables a victim to become mentally stable and decide whether to cooperate or not with the authorities investigating the case. During this time, the victim should be given care and protection, including counselling, legal aid, as well as information about rehabilitation programmes. Implementing the repatriation process with immediate effect is in violation of the victims' rights to protection. Moreover, the chances of re-victimization cannot be ruled out if women and children are repatriated without ensuring provisions for protection.

The convention mandates the member states to establish a regional task force comprising officials from Saarc countries to implement the provisions of the convention and review its progress periodically. Such a regional task force would be more successful if it has equal representation from civil society organizations.

The Saarc convention not only offers an opportunity for cooperation and coordination at different levels but also serves as a platform for multilateral and bilateral ties to address trafficking. Its scope can be widened by the measures discussed above.