- Laws dealing with illegal immigration, smuggling of migrants and trafficking in persons
- Prevention and Control of Human Trafficking Ordinance (P&CHTO 2002)
- Trafficked persons are victims, not criminals
- Anti Trafficking Measures by FIA:
- Action against Traffickers/Smugglers
- Areas of concern
Anti Human Trafficking Laws:
FIA Immigration wing is responsible to main 21 exit/entry points all over the country (Airports 10, Seaports 04 and Land Route 07) in order to prevent illegal immigration, unlawful emigration & human trafficking. There are 11 AHT Circles dealing with investigation and prosecution of defences under different laws:
- Prevention & Control of Human Trafficking Ordinance, 2002
- Emigration Ordinance, 1979
- Passport Act, 1974
- Exit from Pakistan (Control) Ordinance, 1981
- Foreigners Act, 1946
- Relevant sections of PPC dealing with forgery in identity documents, cheating, impersonation, etc.
- Illegal entry of a foreigner into Pakistan constitutes an offence of illegal immigration punishable under the Foreigners Act, 1946.
- If the transportation for such illegal entry into Pakistan is arranged by another person for profit with consent, it may be considered as “smuggling” but if found as a result of deception, coercion or fraud for exploitation, may be termed as “trafficking”.
- HS – heinous crime having national and transnational ramification.
- EO, 1979 deals with HS from Pakistan
- Regulate departure of citizens of Pakistan
- Unlawful emigration – 05 years [Sec 17]
- Subsequent Offence – 07 [Sec 17-2(ii)]
- Advertisement for recruitment, without permission – 05 years [Sec 17-4]
- Fraudulently inducing to emigrate – 14 years [Sec 18]
DEFINITION OF HUMAN TRAFFICKING
UN General Assembly:
“The illicit and clandestine movement of persons across national borders with the end goal of forcing women, girls and children into sexually oppressive and exploitative situations for profit for recruiters, traffickers and crime syndicate, as well as other illegal activities related to trafficking such as forced domestic labour, false marriages, clandestine employment and false adoption.”
UN Protocol against trafficking, 2000:
“Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of person by means of 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 the giving or receiving of payments of benefits to achieve the consent of a person having control over another person for the purpose of exploitation:
UN Trafficking Protocol – Article 3
|ACTIVITIES (any of these)||MEANS/METHOD (any of these)||PURPOSE/INTENTION (any of these)|
|Recruitment||Threat||For the purpose of exploitation*|
|Transportation||Force||Prostitution of others|
|Transfer||Other forms of coercion||Other forms of sexual exploitation|
|Harbouring||Abduction||Forced labour or services|
|Receipts||Fraud||Slavery or practices similar to slavery|
|… of persons||Deception||Servitude|
||Removal of organs|
|Giving/receiving of payments or benefits|
|The consent of a victim of trafficking shall be irrelevant where any of the means set forth above have been used. Consent is irrelevant in case of children even if this does not involve any of the means set forth above.|
“All acts involved in the recruitment, transportation, forced movements and/or selling & buying of women and children within and/or across borders by fraudulent means, deception, coercion, direct and/or indirect threats, abuse of authority, for the purpose of placing a women and/or child against her will or without her consent is exploitative and abusive situation such as forced prostitution, marriage, bonded labour, begging, organ trade, etc.”
By observing the constitutional provision against Trafficking in persons (Article 11) and supplementing UN Convention against Transnational Organized Crime, Pakistan has taken very positive steps in the field of legislation for prevention of Human Trafficking and protection of Victim.
Prevention & Control of Human Trafficking Ordinance (PCHTO), 2002
A very comprehensive law, mostly covering all possible forms of human trafficking, specially women and children with respect to “Mode” and Objectives”.
Carries many new definitions like inhuman sports, organized criminal groups and victim of crime, etc and creates new criminal offenses.
Definition of Trafficking
- Means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person.
- By use of coercion (including deception/fraud), kidnapping, abduction, or by giving or receiving any payment or benefit for such person’s subsequent transfer out of or into Pakistan.
- For the purposes of attaining any benefit or exploitative entertainment (including inhuman sports), slavery or forced labour or adoption in and out of Pakistan [Section 2 (ii)].
Trafficking into or out of Pakistan
- Forced Labour
The human trafficking shall be punished as under:
- Plans human trafficking into and out of Pakistan – 05 years & fine, or
- Execute the plan – 07 years & fine
- If kidnapping, abduction or attempt thereof is involved, 10 years with fine. [Section 3 (i)]
- Whoever provides, obtains or employs a trafficked person by coercion, etc – 07 years with fine.
- If kidnapping, abduction or attempt thereof is involved – 10 years with fine. [Section 3 (ii)]
- Whoever involves in trafficking of child or a woman shall be liable for imprisonment which may extend to – 10 years with fine.
- If kidnapping, abduction or attempt thereof is involved – 14 years with fine. [Section 3 (iii)]
- Whoever takes, confiscates, possesses, conceals, removes or destroys any documents relating to human trafficking, or prevent/restrict or attempts to prevent/restrict, without lawful authority, a person’s liberty to move or travel – imprisonment 07 years with fine. [Section 3 (iv)]
- Offense of trafficking committed by Organized Criminal Group: Each member shall be liable for imprisonment not less than 10 years and may extend to 14 years, if victim is trafficked for exploitative entertainment. [Section 4]
- For repetition of offenses, the term of imprisonment may extend to 14 years with fine. [Section 5]
Nature of Offenses:
- All offenses are cognizable, non-bailable and non-compoundable. [Section B] Lottery Software – Avg $93+ Per Sale – Customers Love This