Stop Human Trafficking

Stop Human Trafficking

It’s hard to imagine that a world which talks about love, peace and brotherhood amongst fellow human beings has a dark secret staring and mocking at its true reality. Pakistan is listed in the Tier II list of the UN which includes countries which have failed to combat human trafficking. The concept of trafficking denotes a trade in something that should not be traded in.

 Human trafficking as defined by the UN is, “the recruitment, transportation, transfer, harbouring or receipt of persons 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, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or service, slavery or practices similar to slavery, servitude or the removal of organs.”

It is a really sad situation which Pakistan is facing. In almost every city there are certain parts filled with brothels. Human trafficking includes sexual exploitation, labour trafficking, etc. Nowadays even cross-border human trafficking is prevalent. Pakistan has a huge population and because of that and our dwindling economy many people live below the poverty line. The smugglers and traffickers promise them a better life- a ray of hope, jobs as domestic servants, in the film world or in factories. They can offer them money, pleasure trip invitations or false promises of marriage.

The main targets are the people who lack job opportunities, who have been victim to regional imbalances or social discrimination, mentally disturbed, or the people who have growing deprivation and are from the marginalized communities or people caught in debt bondages or because their parents think that their children are burden and sell them off – in simple words- the poor, helpless people are the ones who are exploited the most.

It has now become an organized institution and we as youth have to do everything to remove this social vice from our country because the deliberate institutionalized trafficking of human life is the greatest degradation to the dignity of human personality. Human trafficking happens because of a simple concept which the traffickers believe in- that the human body is a expendable, reusable “commodity”. Several things happen during a “human being sale” from selecting, tricking, intimidation and deception of the victim to the transportation of them to the “location”. Then comes the possible change to the “central place” where the actual trafficking takes place in large numbers, there are many elements involved.

The recruiters are the first in the chain –often called as the “dalals” – they may be parents, neighbours, relatives or lovers or people who have been trafficked before. The dalals move to the “potential sites” for victims which mostly are the poverty-stricken areas where there has been no proper rehabilitation and then they haunt the bus stops, railway stations, streets, etc. The period they choose for trafficking depends on if that place has suffered a drought or social or political disasters recently, so that it would be easier to lure in the already suffering victims. The dalals use drugs, abduction, kidnapping, persuasion or deception to bag the targets.

The dalals usually happen to know many languages, including the local one, so that they become closer to the victim. Because in Pakistan corruption is so deep rooted, the network of such people sometimes includes the police, the visa/passport officials, taxi/auto rickshaw drivers, etc. They hand the victims to the brothel owners, escort services, or managers of a sex establishment. The reasons for human trafficking are many, despite 60 years of independence, the benefits of economic development have not trickled down to the marginalized sections of the society and millions of people still live below the poverty line. The poverty and hunger makes children and women belonging to the poor sections of the society highly vulnerable to human trafficking. Social and religious practices too have been a big cause. There is an inexplicable apathy in the approach of law enforcement agencies when it comes to dealing with human trafficking. Purposes include forced prostitution, marriage, domestic labour, bonded labour, agricultural labour, industrial labour, entertainment, begging, adoption, drug smuggling and peddling and organ transplants .As Pakistan sees towards the world, it leaves behind the scars on its ground –the poor who are exploited . We can take help of the media-spread awareness. The government, in association with the NGO’s, is taking steps to improve the situation but this much is NOT enough.

 We as responsible citizen should stop this. Even little things like helping out the malnourished, poor or treating the house maids properly can make a difference because they form the major causes for human trafficking.  Multinational enterprises that enter the Pakistani economy can lead by example.  They can refuse to do business with companies that knowingly engage in the inhumane practices of employing bonded laborers.

The Pakistani  government has laid down laws

Prevention and Control of Human Trafficking Ordinance, 2002
An
ORDINANCE
to prevent and control Human Trafficking

WHEREAS the offences relating to traffic in human beings are incompatible with the dignity and worth of human being and endanger the welfare of the individual, the family and the community. AND WHEREAS it is expedient and necessary to provide effective measures to prevent offences related to human trafficking and to protect and assist victims of such trafficking AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance: - 1. Short title, extent and commence ment. (1) This Ordinance may be called the Prevention and Control of Human Trafficking Ordinance, 2002. (2) It extends to the whole of Pakistan (3) It shall come into force at once 2. Definition. In this Ordinance, unless there is anything repugnant in the subject or context (a) “benefit” includes monetary profit, proceeds or payment in cash or in kind (b) “child” means any person who has not attained the age of eighteen years (c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898) (d) “coercion” means the use of force, violence, physical restraint, deception, fraud or acts or circumstances not necessarily including physical force but calculated to have the same effect, such as the credible threat of force or of infliction of serious harm (e) "document” related to human trafficking includes a passport, a travel documents and any identification document used by law enforcement authorities (f) “exploitative entertainment” means all activities in connection with human sports or sexual practices or sex and related abusive practices (g) “Government” means the Federal Government (h) “human trafficking” means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring 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 of the purposes mentioned in section 3 (i) “inhuman sports” include all sports involving, as a matter of normal course, infliction of physical or mental injury on a person against his will, intention or reasonable expectation (j) “organized criminal group” means a structured group of two or more persons, existing for a period of time and acting in concert with the aim of committing any offence under this Ordinance, in order to obtain, directly or indirectly, any financial or other material benefit and includes a person knowingly receiving or disbursing benefits accruing from the commission of any offence in relation to human trafficking by an organized criminal group; and (k) “victim” means the person who is the subject of or against whom any offence under this Ordinance has been committed. 3. Punishment for human trafficking.The human trafficking shall be punishable as under. (i) Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan for the purpose of attaining any benefit, or for the purpose of exploitative entertainment, slavery or forced labour or adoption in or out of Pakistan shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine: Provided that in case of an accused who, in addition to committing an offence as aforesaid has also been guilty of kidnapping or abducting or any attempt thereto in connection with such offence, the imprisonment may extend to ten years with fine: Provided further that whoever plans to commit an offence under this clause but has not as yet executed the same shall be punishable with a term of imprisonment, which may extend to five years and shall also be liable to fine. (ii) Whoever knowingly provides, obtains or employs the labour or services of a person by coercion, scheme, plan or method intended to make such person believe that in the event of non-performance of such labour or service, he or any other person may suffer from serious harm or physical restraint or legal proceedings, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine: Provided that if the commission of the offences under this clause involves kidnapping or abduction or any attempt thereto, the term of imprisonment may extend to ten years with fine: Provided further that payment of any remuneration in lieu of services or labour of the victim shall not be treated as mitigating circumstance while awarding the punishment. (iii) Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to receive some benefit in lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine: Provided that if the commission of the offence sunder this clause involves kidnapping or abduction or any attempt thereto of the victim, the term of imprisonment may extend to fourteen years with fine: Provided further that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under this clause. (iv) Whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document related to human trafficking in furtherance of any offence committed under this Ordinance or to prevent or restrict or attempt to prevent or restrict, without lawful authority, a person’s liberty to move or travel shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine. 4. Offences committed by organized criminal groups. ---Where an organized criminal group is guilty of any offence under clauses (i),(ii),(iii) or (iv) of section 3, the term of imprisonment or each member of such group involved in the commission of such offence shall not be less than ten years imprisonment and may extend to fourteen years where the purpose of trafficking of a victim is exploitative entertainment and shall also be liable to fine. 5. Repetition of commission of offences. --Whoever repeats the commission of an offence under this Ordinance, the term of imprisonment may extend to fourteen years and the off under shall also be liable to fine. 6. Compensation to the victim. The court trying an offence under this Ordinance may where appropriate direct: (i) The competent authorities of the Government, at any stage of the trial to allow or extend the stay of the victim in Pakistan till such time, as the court deems necessary. (ii) Payment of compensation and expenses to the victim in accordance with section 545 of the Code. (iii) Government to make arrangements for the shelter, food and medical treatment of victim being an unaccompanied child or a destitute woman. 7. Proceedings under the Ordinance to be in addition to and not in derogation of any other law.The proceedings under the Ordinance shall be in addition to and not in derogation of any other proceedings initiated under any other law for the time being in force. 8. Offences to be cognizable etc.All offences under the Ordinance shall be cognizable, non bailable, and non-compoundable as construed by the Code. 9. Investigation. Notwithstanding anything contained in the Code or any other law for the time being in force, the investigation of the offences under the Ordinance shall be carried out by only such persons or agencies as are specially empowered by the Government in that behalf. 9. Investigation. Notwithstanding anything contained in the Code or any other law for the time being in force, the investigation of the offences under the Ordinance shall be carried out by only such persons or agencies as are specially empowered by the Government in that behalf. 10. Cognizance of offences etc. No court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Ordinance. Notwithstanding anything contained in section 32 of the Code, it shall be lawful for a Magistrate of the First Class to pass any sentence authorized by this Ordinance. 11. Indemnity.No suit, prosecution or any other legal proceedings shall lie against the Government or any other person exercising any power or performing any function under this Ordinance or the rules made thereunder for anything done in good faith. 12. Power to make rules. The Government may, by a notification in official gazette, make rules to carry out the purposes of this Ordinance. GENERAL PERVEZ MUSHARRAF President.

The emerging scenarios are certainly positive but displaying full-page advertisements against child labour, women slaves, etc in national newspapers at periodic intervals is not enough. We have to wake up before it’s too late. We can take up community surveillances which will help check ongoing trafficking activities. Establishing women’s groups which will help take care of the women in the underprivileged societies since women and girls are the most affected victims. We as the responsible citizen can take up initiatives to spread awareness programs in villages, local schools, among kids of the poor society and children suffering from parents and poor conditions where help can be provided.

Another initiative which can be taken up is the involvement of the trafficked victims and helping them tell their story so that this kind of inhuman treatment doesn’t happen to others. Human trafficking lowers the value of human life; it brutalizes the society and violates our belief in the human capacity for a change. So let’s work for a better future for our country and CHANGE- something that Pakistan only talks about, let’s turn it into reality.