23
Central Asian Regional Dialogue Central Asian Regional Dialogue for Enhancing Partnership of Central for Enhancing Partnership of Central Asian Countries in Combating Asian Countries in Combating Trafficking in Persons as a Trafficking in Persons as a Consequence of Irregular Migration Consequence of Irregular Migration Final Recommendations Final Recommendations 27 27 May May 2011 2011 Astana Astana , , Kazakhstan Kazakhstan

Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

  • Upload
    sergey

  • View
    516

  • Download
    0

Embed Size (px)

DESCRIPTION

Central Asian Regional Dialogue for Enhancing Partnership of Central Asian Countries in Combating Trafficking in Persons as a Consequence of Irregular Migration.

Citation preview

Page 1: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

Central Asian Regional DialogueCentral Asian Regional Dialogue

for Enhancing Partnership of Central for Enhancing Partnership of Central Asian Countries in Combating Asian Countries in Combating

Trafficking in Persons as a Trafficking in Persons as a Consequence of Irregular MigrationConsequence of Irregular Migration

Final RecommendationsFinal Recommendations27 27 MayMay 2011 2011

AstanaAstana, , KazakhstanKazakhstan

Page 2: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

SessionSession 1 1

Prevention of Trafficking in PersonsPrevention of Trafficking in PersonsRecommendationsRecommendations::

1.1. To coordinate joint activities among the countries, for example, countries To coordinate joint activities among the countries, for example, countries of origin (Kyrgyzstan, Uzbekistan, Turkmenistan and Tajikistan) have to of origin (Kyrgyzstan, Uzbekistan, Turkmenistan and Tajikistan) have to include notification of assistance provided and telephone numbers of anti-include notification of assistance provided and telephone numbers of anti-trafficking hotlines operated in the country of destination (Kazakhstan) into trafficking hotlines operated in the country of destination (Kazakhstan) into all information materials published for the general population and potential all information materials published for the general population and potential migrantsmigrants;;

2.2. To install billboards and distribute brochures in national and Russian To install billboards and distribute brochures in national and Russian languages in the border check-points of Central Asian countries. Also to languages in the border check-points of Central Asian countries. Also to install the billboard in Kazakh, Uzbek, Kyrgyz and Russian languages at install the billboard in Kazakh, Uzbek, Kyrgyz and Russian languages at the border check-points of Kazakhstanthe border check-points of Kazakhstan;;

3.3. To develop a specific Mechanism of Referral of the victims of trafficking To develop a specific Mechanism of Referral of the victims of trafficking (VoTs)(VoTs);;

Page 3: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

4.4. To strengthen and to enhance co-operation between public To strengthen and to enhance co-operation between public organizations of Central Asian countriesorganizations of Central Asian countries;;

5.5. Recommendations for representatives of law enforcement agenciesRecommendations for representatives of law enforcement agencies: :

• To monitor regularly the border check-points; To monitor regularly the border check-points;

• To make regular monitoring of private and state employment To make regular monitoring of private and state employment agencies recruiting people for work abroad.agencies recruiting people for work abroad.

6.6. Countries of origin and countries of destination have to arrange training Countries of origin and countries of destination have to arrange training courses of Russian Language Proficiency for potential and current courses of Russian Language Proficiency for potential and current migrantsmigrants;;

7.7. To install counter trafficking information poster in each carriage of To install counter trafficking information poster in each carriage of railroad trains, and in public places along the travelling routes of railroad trains, and in public places along the travelling routes of migrants. It is recommended that the awareness raising efforts cover migrants. It is recommended that the awareness raising efforts cover the popular routes of migrationthe popular routes of migration; ; 

Page 4: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

8.8. Countries should publish joint information materials in Countries should publish joint information materials in partnership with each other, e.g. migration services of partnership with each other, e.g. migration services of Kyrgyzstan and Kazakhstan could publish joint counter Kyrgyzstan and Kazakhstan could publish joint counter trafficking information materials and distribute these information trafficking information materials and distribute these information materials in the public places where migrants gathermaterials in the public places where migrants gather;;

9.9. To invite mass media to raise public awareness in order to cover To invite mass media to raise public awareness in order to cover as much population as possible. It is recommended that each as much population as possible. It is recommended that each Central Asian government produces a video Public Service Central Asian government produces a video Public Service Announcement (PSA) and broadcasts it regularly on TV, in the Announcement (PSA) and broadcasts it regularly on TV, in the airports and in other crowded places. Being a country of airports and in other crowded places. Being a country of destination, Kazakhstan is recommended to broadcast the PSA destination, Kazakhstan is recommended to broadcast the PSA translated into all languages of Central Asiatranslated into all languages of Central Asia;;

10.10. To publish in mass media the cases of suppression and To publish in mass media the cases of suppression and prosecution of human trafficking and punishment of traffickersprosecution of human trafficking and punishment of traffickers;;

Page 5: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

11.11. To adopt the law on legalization of migration in Kazakhstan as To adopt the law on legalization of migration in Kazakhstan as the country of origin and destination of trafficking in personsthe country of origin and destination of trafficking in persons; ;

12.12. To conduct legal consultations on radio with the audience in To conduct legal consultations on radio with the audience in format “Questions and Answers”format “Questions and Answers”;;

13.13. The Governments shall provide for money to compensate the The Governments shall provide for money to compensate the translation services for migrants if translation of documents translation services for migrants if translation of documents related to visa and/or legal stay in the country of destination is related to visa and/or legal stay in the country of destination is required;required;

14.14. To place To place outreach workersoutreach workers at the border check-points with at the border check-points with proficiency in minimum several Central Asian languages, so that proficiency in minimum several Central Asian languages, so that they provided information in simple words to all those crossing they provided information in simple words to all those crossing the borderthe border; ; 

15.15. To enhance and strengthen the coordination of work between To enhance and strengthen the coordination of work between the law enforcement agencies and non-government the law enforcement agencies and non-government organizationsorganizations;;

Page 6: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

16.16. To recommend introduction of a single national hotline number in the To recommend introduction of a single national hotline number in the countries of Central Asia;countries of Central Asia;

17.17. To create data base for law enforcement agencies in order to share To create data base for law enforcement agencies in order to share information about employment agencies and other business entities which information about employment agencies and other business entities which often break migration, labour and anti-trafficking legislation; often break migration, labour and anti-trafficking legislation;

18.18. To arrange information share of law enforcement engaged in counter To arrange information share of law enforcement engaged in counter trafficking in Central Asiatrafficking in Central Asia; ;

19.19. To create a coordination network (website) of Central Asian countries. To create a coordination network (website) of Central Asian countries.

20.20. To urge road and river transport authorities to make a strict control of To urge road and river transport authorities to make a strict control of observance of the rules of international passenger transportations (eg. observance of the rules of international passenger transportations (eg. check ID while selling the ticketscheck ID while selling the tickets))..

Page 7: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

Session Session 22

Assistance to Victims of TraffickingAssistance to Victims of TraffickingRecommendationsRecommendations::

1.1. It is necessary to work with police and migration services. They should It is necessary to work with police and migration services. They should clearly understand who is the victim of trafficking (VoT) and what are the clearly understand who is the victim of trafficking (VoT) and what are the indications of VoTs. It is necessary to have common criteria for indications of VoTs. It is necessary to have common criteria for identification of VoTs for NGOs, police and migration servicesidentification of VoTs for NGOs, police and migration services, , so National so National Referral Mechanism shall be developed and adopted in Central Asian Referral Mechanism shall be developed and adopted in Central Asian countries where this mechanism is lacking countries where this mechanism is lacking ((recommendation overlaps with para.3 recommendation overlaps with para.3 of Sessions 1of Sessions 1));;

2.2. Countries of destination have to consider the issue of compensations to Countries of destination have to consider the issue of compensations to VoTs whatever type of exploitationVoTs whatever type of exploitation;;

3.3. To introduce the principle of “Non Deportation” for migrants – victims of To introduce the principle of “Non Deportation” for migrants – victims of exploitationexploitation;;

Page 8: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

4.4. To invite IOM staff as trainers to the Training Center of the To invite IOM staff as trainers to the Training Center of the Ministry of Interiors of KazakhstanMinistry of Interiors of Kazakhstan,, and to invite representatives and to invite representatives of law enforcement agencies of Central Asian countries for of law enforcement agencies of Central Asian countries for trainings to the Center; trainings to the Center;

5.5. To develop standard operational procedures (SOPs) for outreach To develop standard operational procedures (SOPs) for outreach workers workers – – training for outreach workers, exchange of experiencetraining for outreach workers, exchange of experience;;

6.6. To strengthen mechanisms for rendering assistance, in particular To strengthen mechanisms for rendering assistance, in particular – the system of VoTs referral– the system of VoTs referral;;

7.7. All those providing services to VoTs shall follow the victim-All those providing services to VoTs shall follow the victim-centered and human rights based approach. Service providers centered and human rights based approach. Service providers shall be sensitive to the individual. There must be coordination shall be sensitive to the individual. There must be coordination and understanding of what trafficking victim is and where to referand understanding of what trafficking victim is and where to refer;;

Page 9: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

8.8. To develop SOPs on psychological approach to the VoT for all To develop SOPs on psychological approach to the VoT for all stakeholdersstakeholders. . Interviews shall be conducted in partnership with Interviews shall be conducted in partnership with VoTs and with account their psychological condition. VoTs and with account their psychological condition. Psychologist shall be hired as a staff of law enforcement Psychologist shall be hired as a staff of law enforcement agenciesagencies;;

9.9. Appropriate social partnership shall be built in the countries of Appropriate social partnership shall be built in the countries of origin. This will, first of all, require the preventive work. Workers origin. This will, first of all, require the preventive work. Workers of law enforcement agencies, migration, labour, social agencies, of law enforcement agencies, migration, labour, social agencies, etc. shall know that VoTs should get assistance from each of etc. shall know that VoTs should get assistance from each of themthem;;

10.10. To form positive perception of a VoTTo form positive perception of a VoT;;

11.11. Important: Official representative (lawyer) of VoTs shall proceed Important: Official representative (lawyer) of VoTs shall proceed from the very moment of first interviewfrom the very moment of first interview; ;

Page 10: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

12.12. It is necessary to draft Identification Guideline for Border Service It is necessary to draft Identification Guideline for Border Service and Customsand Customs. . Guidelines of General Prosecutor’s Office may Guidelines of General Prosecutor’s Office may serve as an exampleserve as an example;;

13.13. To develop the followingTo develop the following: : when the VoT was identified in the when the VoT was identified in the country of destination and she/he is repatriated home, she/he country of destination and she/he is repatriated home, she/he shall bring evidences with her/himshall bring evidences with her/him;;

14.14. To use experience of other countries with regard to relief of VoTs To use experience of other countries with regard to relief of VoTs from criminal liability given their consent to cooperate with law from criminal liability given their consent to cooperate with law enforcement agenciesenforcement agencies;;

15.15. To provide law enforcement agencies with the list of local To provide law enforcement agencies with the list of local organizations providing services to VoTsorganizations providing services to VoTs;;

Page 11: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

16.16. Law enforcement agencies shall develop mechanism to speed Law enforcement agencies shall develop mechanism to speed up and catalyse the work with letters, requests, inquiries, etc on up and catalyse the work with letters, requests, inquiries, etc on VoTsVoTs;;

17.17. It is possible to introduce the practice of compensation to VoT It is possible to introduce the practice of compensation to VoT from the confiscated assets of her/his traffickerfrom the confiscated assets of her/his trafficker;;

18.18. To consider for the countries of origin the possibility to include in To consider for the countries of origin the possibility to include in the national budgets the line for VoT’s repatriation and the national budgets the line for VoT’s repatriation and documentation costsdocumentation costs;;

19.19. To open branches, consulates or representations of the To open branches, consulates or representations of the countries of origin in the regions of countries of destination in countries of origin in the regions of countries of destination in order to enhance the provision of direct assistance to victimsorder to enhance the provision of direct assistance to victims;;

Page 12: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

20.20. To focus on international expertise and development To focus on international expertise and development of proposals for improvement of legislationof proposals for improvement of legislation, , regulating regulating the status of the VoT in order to expand opportunities the status of the VoT in order to expand opportunities for rendering assistance during prejudicial inquiry and for rendering assistance during prejudicial inquiry and judicial proceedingsjudicial proceedings;;

21.21. To review anti-trafficking legislation and improve it To review anti-trafficking legislation and improve it with focus on protection of VoTswith focus on protection of VoTs;;

22.22. To ensure support and protection of VoTs in the To ensure support and protection of VoTs in the system of criminal justicesystem of criminal justice. .

Page 13: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

Session Session 33

Prosecution of TraffickersProsecution of TraffickersRecommendations Recommendations ::

1.1. To analyze information got from VoTs with the aim to identify the To analyze information got from VoTs with the aim to identify the channels of human trafficking in the regionchannels of human trafficking in the region;;

2.2. To strengthen partnership of law enforcement agencies for To strengthen partnership of law enforcement agencies for implementation of joint efforts to combat traffickers in the implementation of joint efforts to combat traffickers in the countries of origincountries of origin;;

3.3. To invite NGOs to take part in operations of migration services To invite NGOs to take part in operations of migration services in order to identify VoTs within irregular migrantsin order to identify VoTs within irregular migrants;;

Page 14: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

4.4. To consider possibility of signing agreements between regional To consider possibility of signing agreements between regional (oblast) branch of General Prosecutor’s Office and regional (oblast) branch of General Prosecutor’s Office and regional (oblast) Police Department (oblast) Police Department ((eg. Almatinskaya and Tashentskaya eg. Almatinskaya and Tashentskaya oblasts)oblasts);;

5.5. To develop standard claim form To develop standard claim form ((minimum information packageminimum information package) ) to verify cases of human traffickingto verify cases of human trafficking;;

6.6. Law enforcement shall not just respond to claims of VoTs, but Law enforcement shall not just respond to claims of VoTs, but verify information claimed by NGOs, mass mediaverify information claimed by NGOs, mass media;;

7.7. During criminal investigation on human trafficking in the country During criminal investigation on human trafficking in the country of origin LEAs should send records to the law enforcement of origin LEAs should send records to the law enforcement agencies of country of destination where exploitation took placeagencies of country of destination where exploitation took place;;

Page 15: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

8.8. To consider the possibility to establish a regional data base of To consider the possibility to establish a regional data base of cases of human traffickingcases of human trafficking;;

9.9. To consider the possibility to introduce punishment for To consider the possibility to introduce punishment for consumers of services of VoTs in the countries of destinationconsumers of services of VoTs in the countries of destination;;

10.10. It is necessary to explore the issue of compensation to VoTs in It is necessary to explore the issue of compensation to VoTs in the countries of destinationthe countries of destination;;

11.11. To provide NGOs with access to detention centers to identify To provide NGOs with access to detention centers to identify VoTs in the countries of destinationVoTs in the countries of destination;;

12.12. To exchange information quarterly on number of anti-trafficking To exchange information quarterly on number of anti-trafficking criminal investigations in the countries of Central Asian regioncriminal investigations in the countries of Central Asian region..

Page 16: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

13.13. To strengthen the system of coordination and information To strengthen the system of coordination and information exchange between Ministry of Interior and border services at exchange between Ministry of Interior and border services at the regional levelthe regional level;;

14.14. To improve the electronic system of coordination and To improve the electronic system of coordination and information exchange among the law enforcement agencies information exchange among the law enforcement agencies (LEA) at the regional level(LEA) at the regional level;;

15.15. To provide assistance for international trips of LEA officers to To provide assistance for international trips of LEA officers to participate in joint investigations of crimes of human traffickingparticipate in joint investigations of crimes of human trafficking; ;

16.16. To provide assistance for international trips of LEA officers to To provide assistance for international trips of LEA officers to share intelligence and other information with LEA of destination share intelligence and other information with LEA of destination countries in order to jointly conduct activities on prosecution of countries in order to jointly conduct activities on prosecution of all participants of international organized criminal group and to all participants of international organized criminal group and to block VoTs supply channelsblock VoTs supply channels. .

Page 17: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

Session Session 44

Regional Cooperation for Counteracting Trafficking in PersonsRegional Cooperation for Counteracting Trafficking in PersonsRecommendationsRecommendations::

Establishing of Central Asian regional body for counteracting trafficking in Establishing of Central Asian regional body for counteracting trafficking in persons consisting of representatives of governments and public non-persons consisting of representatives of governments and public non-governmental organizationsgovernmental organizations::

1.1. To establish Regional Central Asian Coordination Center consisting of public To establish Regional Central Asian Coordination Center consisting of public and government organizations. To hold meetings of the Center by rotation of and government organizations. To hold meetings of the Center by rotation of CA countries. To consider the possibility to extend the scope of this Center, CA countries. To consider the possibility to extend the scope of this Center, so that it counteracted not just the human trafficking, but in general, the so that it counteracted not just the human trafficking, but in general, the organized crimeorganized crime;;

2.2. In this regard, to review the international practices of establishment and In this regard, to review the international practices of establishment and functioning of regional bodies on counteracting organized crimefunctioning of regional bodies on counteracting organized crime;;

Page 18: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

3.3. Each delegation shall explore at its level the possibility to establish the Each delegation shall explore at its level the possibility to establish the Regional Central Asian Coordination Center consisting of public and Regional Central Asian Coordination Center consisting of public and government organizations for counteracting organized crimegovernment organizations for counteracting organized crime; ;

4.4. To create National Working Groups (NWGs) to discuss and prepare the To create National Working Groups (NWGs) to discuss and prepare the establishment of the Regional Central Asian Coordination Center establishment of the Regional Central Asian Coordination Center consisting of public and government organizations for counteracting consisting of public and government organizations for counteracting organized crimeorganized crime. . Outputs and conclusions of the NWGs shall be Outputs and conclusions of the NWGs shall be delivered to the General Prosecutor’s Office of the Republic of delivered to the General Prosecutor’s Office of the Republic of Kazakhstan Kazakhstan ((AstanaAstana) ) or IOMor IOM;;

5.5. To establish the Counter Trafficking Experts Data Base:To establish the Counter Trafficking Experts Data Base:

6.6. To strengthen the NGO-partners network of IOMTo strengthen the NGO-partners network of IOM;;

7.7. To strengthen To strengthen directdirect interaction of government agencies and non- interaction of government agencies and non-government organizationsgovernment organizations;;

8.8. Countries shall establish an Expert Public Council at the national levelCountries shall establish an Expert Public Council at the national level. .

Page 19: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

II.II. Developing a regional agreement of the countries of Central Developing a regional agreement of the countries of Central Asia on counteracting trafficking in personsAsia on counteracting trafficking in persons

1.1. There is an Agreement on Co-operation between the CIS There is an Agreement on Co-operation between the CIS Prosecutor General’s Offices in the Fight against Trafficking Prosecutor General’s Offices in the Fight against Trafficking in Persons, Organs and Human Tissuesin Persons, Organs and Human Tissues,, signed in Astana in signed in Astana in 2009.2009.

Page 20: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

III.III. Increasing cooperation of law enforcement bodies through Increasing cooperation of law enforcement bodies through the joint trainings of officers on combating trafficking in the joint trainings of officers on combating trafficking in personspersons::

1.1. The Karaganda Training Center for Counteracting Irregular The Karaganda Training Center for Counteracting Irregular Migration and Trafficking in Persons of the Ministry of Interior Migration and Trafficking in Persons of the Ministry of Interior of the Republic of Kazakhstanof the Republic of Kazakhstan ( (KTCKTC) ) may be a regional may be a regional Central Asian anti-trafficking trainings service provider to do Central Asian anti-trafficking trainings service provider to do the followingthe following::

• To upgrade the junior staff of law enforcement agencies (LEA) engaged in To upgrade the junior staff of law enforcement agencies (LEA) engaged in fight against human traffickingfight against human trafficking;;

• To train the skills of applying the regional norms of international lawTo train the skills of applying the regional norms of international law;;

• To conduct trainings for LEA officersTo conduct trainings for LEA officers, , border officers, judges, prosecutorsborder officers, judges, prosecutors. .

Page 21: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

2.2. There shall be an exchange of NGO Trainers There shall be an exchange of NGO Trainers ((to do this it is to do this it is necessary to standardize approaches, to introduce the uniform necessary to standardize approaches, to introduce the uniform systemsystem, , definitions etcdefinitions etc.).)

3.3. To conduct meetings-dialoguesTo conduct meetings-dialogues;;

4.4. Teaching staff (professors) of KTC shall serve as visiting Teaching staff (professors) of KTC shall serve as visiting trainers and come to CA countries to conduct trainings in the trainers and come to CA countries to conduct trainings in the fieldfield; ;

5.5. To arrange Training of Counter Trafficking Trainers in the KTCTo arrange Training of Counter Trafficking Trainers in the KTC;;

Page 22: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

6.6. To institutionalize training of counter trafficking specialistsTo institutionalize training of counter trafficking specialists;;

7.7. To apply the technologies of KTC’s On-line Distant Counter To apply the technologies of KTC’s On-line Distant Counter Trafficking Trainings for Central Asian countriesTrafficking Trainings for Central Asian countries;;

8.8. To prepare the Guideline for Counter Trafficking TeachingTo prepare the Guideline for Counter Trafficking Teaching;;

9.9. Upon arrival home each delegation shall make analysis of how Upon arrival home each delegation shall make analysis of how LEAs assume to establish the regional Central Asian counter-LEAs assume to establish the regional Central Asian counter-trafficking co-operationtrafficking co-operation;;

10.10. To create library resources on counteracting human traffickingTo create library resources on counteracting human trafficking. .

Page 23: Enhancing Partnership of Central Asian Countries in Combating Human Trafficking

THANK YOU FOR ATTENTIONTHANK YOU FOR ATTENTION!!