During the international online conference ‘Migration, Diasporas and Sustainable Development: Perspectives, Policies, Opportunities and Challenges,’ jointly organized by Migrant Forum in Asia (MFA), Global Research Forum on Diaspora and Transnationalism (GRFDT) and Center for Research on North America (CISAN), from 2nd to 5th November, 2020, the first plenary session witnessed a wrenching discussion on Human Trafficking. Specifically, moderator Paddy Siyanga Knudsen, a senior consultant with the International Organization for Migration in China, led a discussion on the Global Compact on Migration Objective 10—to prevent, combat and eradicate trafficking in persons in the context of international migration—tracing key aspects of the Palermo Protocol and other mechanisms and guidelines, such as the OHCHR’s, the UNODC framework, and other more local experiences with human trafficking in the Maldives, Sri Lanka, and the Philippines. The speakers Pattanaik interviewed highlighted the changes ensuing from the COVID-19 pandemic, as key gains in terms of employer commitment have been reversed due to the economic situation, while organizations and government agencies have been unable to conduct their usual work due to lockdowns and social distancing, and extraordinary numbers of migrants are either stranded or returning to their home countries after halted work. The speakers discussed challenges and opportunities when it comes to tackling human trafficking, both nationally and internationally.
To start, moderator Paddy Siyanga Knudsen posed a question to Bandana Pattanaick, international coordinator for the Global Alliance Against Trafficking in Women, a feminist alliance working on women’s rights in the context of labor migration, in terms of the progress made so far around human trafficking over the past few years, in the context of the 20th anniversary of the Palermo Protocol.
Stringent Border Control Does Not Help
Pattanaick highlighted a few similarities and differences between GCM 10 and the Palermo Protocol. “GCM 10 aims to eradicate trafficking in persons in the context of international migration. It requires two other instruments: the Palermo Protocol and the OHCHR guidelines on human rights and human trafficking,” she stated. Still, “the protocol aims to suppress and punish trafficking, whereas the GCM aims to combat and eradicate it. GCM 10 has a broader vision: it hopes to see an end to Human Trafficking.” Notably, Pattanaick stated that Action Point 3 of GCM 10 does not recommend stringent border control measures as a strategy, as it has been shown that such control actually does not help and asked the audience to be wary of Action Points 9 and 10, which prescribe training, education, and awareness programs mandating everyone to keep an eye on trafficking. “This makes everyone a possible watch guard, which may be difficult for migrant women.”
Subsequently, Paddy Siyanga Knudsen posed a question to Anusha Abeirkma Munasinghe, from the UNODC regional office for South Asia (ROSA). Regarding the UNODC’s drafting process, Anusha highlighted the need to fine-tune the policy on trafficking to look at domestic issues while incorporating the new challenges posed by COVID-19. “There are so many things we have to reconsider, especially international migration flows. In Sri Lanka, migrant workers have returned during the March-May period. Others are held up in the countries where they had gone for work. How are we going to address everyone’s issue by using the same policy?” she probed.
Then, Moomina Waheed, Human Rights Commission of the Maldives, joined the conversation, noting that migrant work has increased greatly in the Maldives and that human traffickers exploit victims. In response, the HRCM has disseminated “Know Your Rights” cards and leaflets in different languages and has conducted a campaign. However, while HRCM has launched training programs for police, there have been challenges due to quick police turnover, with additional training needed for new recruits.
Shifts in Paradigms because of COVID-19: Prolonged Exploitation
As for the shifts in paradigms that have come with the COVID-19 pandemic, Chandrika Karunaratna, team leader for the UNDP in Sri Lanka, who has led a joint program on HT, pitched in to say that COVID-19 exacerbates vulnerabilities, as enforcement authorities are unable to intervene because of distancing and travel bans, etc. “There is a risk of prolonged exploitation in terms of forced labor or sexual exploitation. Now, the potential of an offender being detected is very slim,” she noted.
Legal Tactics Against Offenders
Among the most important factors exacerbating human trafficking, Chandrika Karunaratna pointed to limited reporting by victims and witnesses due to fear of reprisals, limited access to judicial systems, etc. To combat these limitations, she proposed considering obstruction of justice for the offender, which is then construed as an aggravated offense. “If a traffic victim is prevented from reporting the case, we could consider it an aggravated circumstance. We can do this during and post-trial as well to ensure continued assistance to victims and witnesses: physical, psychosocial support, and protection against reprisals,” she proposed.
Lastly, she emphasized that “there has to be a mechanism where we can ensure that whatever the victim has secured through court actually reaches the victim. This has been identified as a dire need. We should look at MOUs between origin and destination legal-aid organizations even after repatriation. Reintegration should be looked at holistically, with alternative means of livelihood.”
The moderator invited Jerome Alcantara, executive director of Blas F. Ople Policy Center, an institute dedicated to Filipino migrant workers, to speak about the role civil society has played in realizing GCM 10, as well as its challenges. Alcantara specified that families come to Blas F. Ople for assistance with navigating the Philippines’ highly regulated labor migration management system and that the organization helps the government come up with guidelines and upgrade their systems and processes (for rescue operations, legal assistance, aftercare services, etc.).
Lockdown Precludes Victim Detection
As for COVID-19, Alcantara remarked that “Everything is in disarray with the pandemic. Most of the systems we have built over the years are in a state of flux right now. Plane fares have tripled, with increased costs in medical examinations, especially COVID tests. I am not sure if employers are willing to foot the bill. There are so many unemployed because of the pandemic. Employers may have also lost their lot in the pandemic and might be unable to shoulder costs for their workers, losing what we have successfully lobbied for over the years. We also see lesser government capacity. About 17% of Labor recruiters in the country have already declared bankruptcy. How to detect possible victims among the half million Filipinos who have already gone home? We are still in lockdown.”
Poverty and Revictimization at the Crux
To wrap up the conversation, all panelists issued one final piece of knowledge for the public. Anusha pointedly stated that “the reason behind this trafficking is poverty.” “How are we going to address this?” she asked. Likewise, Chandrika highlighted the complexity of this question by asking us to “look at preliminary victimization and look at the potential for a trafficked victim to end up as an offender as well. If a victim is repatriated during COVID and does not have meaningful life opportunities, they can be susceptible to petty crime or offenses and thereafter not be recognized as a victim, but as an offender.”
Meanwhile, Bandana closed with the following words: “Let’s not strengthen the crime-control framework further. Let’s move on to everyday abuses that people are facing. The trafficking framework is based on exceptionalism. That trafficking is an extreme form of exploitation. A huge number of people face abuse and exploitation that may not constitute trafficking, but they are not fundamentally different (maybe just in degree). We should talk about the range of exploitations that happen.”
Pandemic: An Opportunity for Cooperation
Moomina called for embassies and other parties to work together for the rights of people in sending-countries to protect victims. In this sense, Chandrika also stated that “We should look at the pandemic as an opportunity to promote mutual international cooperation, where traditional forms of assistance/ protection/ investigation / identification are not possible. This is all the more reason to pursue international cooperation, not in spite of the pandemic but because of it.”
Alcantara also agreed with this notion and added that we should “emphasize the role of civil society. A decade ago, a rights-based approach spread from civil society to government. CSOs are simply trying to find a better way of doing things, trying to innovate and use technology. This is the challenge for post-COVID. It’s going to be a different world.”
María Cristina Fernandez Hall, a PhD student at the National Autonomous University of Mexico, studying deportation and reintegration through the arts.