Arusha 24-25 th May

1. Awareness raising as a tool for prevention and protection against trafficking and smuggling of human beings TheIGAD RMPF perspectivebyCaroline Njuki Arusha 24-25th May

2. Smuggling and TIPs in the IGAD region • The IGAD region has experienced internal and international displacement as a result of civil strife and natural disasters. This has created vulnerable populations amongst them women and children who have fallen prey to trafficking in the hope for a safer, better existence. • There are also those who have approached existing smuggling cartels to facilitate their movement especially to the middle east and Gulf states and a final destination in continental Europe. • Others have been deceived of existing ‘’greener pastures’’ and lucrative jobs abroad only to find themselves trapped in enslavement and unable to return to their countries of origin as often their travel documents are confiscated. • Those who finally may be able to return are afraid of the perceptions that will meet them back home and the uncertainty of the realities they will return to. • i

3. Ctn.. • Irregular migration exhibited through trafficking and smuggling amongst other forms is intertwined with other aspects of migration like labor migration and border management. It therefore can not be handled in separation but requires the concerted efforts of all responsible government departments and agencies. • At border crossings, victims of trafficking come across immigration and security officers. There is therefore a great need to build the capacity of these officers in identifying and referring victims of trafficking to relevant assistance. • There is also the crucial role of investigation, prosecution and victim and witness protection in line with the 3Ps (4ps?) approach.

4. The existence of legal framework at member states level to combat TIPs is the first crucial step. The AU 2006 Migration Framework and the Ouagadougou Plan of Action provide insight and guidelines to member states on this. • IGAD member states are making efforts to have legislation that provides for investigation, prosecution and protection of victims and witnesses.(e.g. Kenya has a new Counter Trafficking law) There is a need for these policies to be harmonized at the regional level as TIPs and smuggling affects multiple countries with each acting as an origin, transit or destination country. The IGAD RMPF provides a framework for such harmonization.

5. IGAD’s implementation of AU.COMMIT and anti trafficking efforts in the context of its Migration Policy Framework • The IGAD RMPF is inspired by the AU Migration policy Framework for Africa adopted in Banjul in 2006. • The draft was subjected to a validation workshop in March and will be tabled to the IGAD council of ministers for possible adoption • The RMPF addresses amongst other issues; labor migration, border management, irregular migration, forced displacement, internal migration, migration data, migration and development, migration and environment amongst others. • Migrant smuggling and human trafficking are given attention under irregular migration.

6. Provisions to address migrant smuggling in the IGAD RMPF The framework provides for; • Strengthening national policy, structures and laws to establish coordinated and integrated approaches at national level through among others, incorporating and harmonizing into national legislation the UN convention against trans-national organized Crime ad its additional protocols • Development of common regional counter measures that incorporate considerations to encourage more legal channels and orderly migration, dismantle international organized criminal syndicates, prosecute smugglers and others involved in such activities while at the same time provide humane treatment for smuggled migrants • Strengthen the IGAD RCP and dialogue on irregular migration to promote greater policy coherence at the national, IGAD and IGAD neighboring REC levels

7. Reinforce and encourage joint cross border patrols between IGAD MSs and between the later and MSs of neighboring RECs • Adopt comprehensive information collation systems on smuggling to facilitate the tracking and dissemination of information on the trends, patterns and changing nature of smuggling routes as well as the establishment of databases. These are meant to treat smuggled migrants as victims of a crime rather than criminals affording them protection and assistance • Focus attention on discouragement and eventual elimination of child smuggling in individual and between IGAD member states as well as between the latter and MSs of neighboring RECs

8. Human trafficking Noting that trafficking involves the victim being deprived of his/her will and is forced into slavery like conditions or involuntary servitude; the RMPF recommends the following strategies; • Strengthen national policy, structures and laws in order to establish a coordinated and integrated approach at national level by incorporating pertinent international instruments; the UN convention Against transnational Organized Crime and its trafficking protocol (2000), protocol to prevent, suppress and Punish Trafficking in Persons especially women and children and the Protocol against the smuggling of Migrants by Land, Sea and Air and Convention 182 of the ILO on the worst forms of child labor

9. Member states of IGAD are encouraged to adopt all international instruments that sanction the trafficking in narcotic drugs and psychotropic substances as addressed in (i) 1961 UN single Convention on narcotic drugs (ii) the 1971 UN Convention of Psychotropic substances and (iii) the 1998 UN Convention on Illicit Trafficking in Narcotic Drugs and Psychotropic substances • Development of common regional counter measures based on a spirit of solidarity among IGAD Mss and with a focus on the human rights of trafficked victims including harmonization of immigration laws; strengthened and modernized border management, cooperation and coordination between concerned ministries, particularly state security agencies, greater efforts to dismantle international organized criminal syndicates, signing of bilateral and multilateral agreements and prosecuting traffickers and others involved in such activities • Reinforcement of information gathering systems relating to trafficking to facilitate dissemination of information on the changing nature of trafficking routes and the establishment of databases on convicted traffickers and on missing persons who are presumed to be victims of trafficking

10. Increase awareness on the dangers inherent in irregular migration from countries of origin through transit countries to those of destination, providing opportunities for the citizens of the three sets of countries to report suspected cases and to make informed choices • Pursue and develop preventive action through intensive information campaigns in the countries of origin, transit and destination • Urge IGAD MSs to condemn in very strong terms sex tourism and prostitution in countries of destination thereby discouraging trafficking in woman and children. • Strengthening Law enforcement measures to curb activities of traffickers, imposing stiffer penalties to perpetrators

11. Other regional interventions • The East Africa Migration routes study conducted in 2008 aimed amongst others at identifying migration routes and in particular possible routes used by traffickers. A study on the migration routes in the ESA region will be commissioned by IGAD by the end of June. This will build on the EAMR to assist MSs adopt relevant interventions • The IGAD protocol on extradition, -IGAD wide mutual legal assistance and extradition agreement -aims at assisting in the prosecution of those involved in transnational crime including smuggling and trafficking in persons • The ongoing mixed migration intervention spearheaded by IOM and UNHCR in the IGAD region is addressing trafficking through prevention via information campaigns and awareness raising, offering protection and assistance to victims. There is a great need to also focus efforts on building judicial capacity for investigation, prosecution and victim and witness protection. • The IGAD Regional Migration Coordination Committee once adopted will provide a channel through which IGAD immigration chiefs can share information on trafficking and human smuggling and also exchange and deliberate on best practices.

12. Conclusion • IGAD takes note of the continuing challenge to human security posed by smuggling and trafficking of Persons and supports the AU.COMMIT and all other efforts by different stakeholders geared towards addressing this issue. • IGAD will therefore continue to work with and urge member states to increase efforts towards combating human smuggling and trafficking in Persons and especially through awareness raising coupled with strengthening investigation, prosecution and protection of victims and witnesses. Thank you.