Challenges in combating human trafficking and exploitation from the perspective of international law and human rights, law enforcement and African Union institutions International Conference on Human Trafficking within and from Africa (Co-organised by Caritas Internationalis and the Pontifical Council for the Pastoral Care of Migrants and Itinerant People). 5-7 September 2016 Abuja, Nigeria 1
1. Introduction Outline of Presentation 2. AU Policies on Migration & Human Trafficking 3. AU-Horn of Africa Initiative on Human Trafficking and Smuggling of Migrants 4. Consultations and Dialogue 5. Current Activities 6. Conclusion 2
AU Policies on Migration & Human Trafficking Migration Policy Framework for Africa African Common Position on Migration and Development Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women & Children Joint AU-EU Declaration on Migration and Development 2009 African Union Convention for the Protection and Assistance to Internally Displaced Persons (Kampala Convention) 2012 African Solidarity Initiative (ASI) 1969 OAU Convention Governing the SpecificAspects of Refugees in Africa 3
AU Policies: Synergies with International Instruments Protocol to Prevent, Suppress and Punish Trafficking in Persons supplementing the TOC Convention Smuggling of Migrants Protocol supplementing the TOC Convention 1990 Convention on the Protection of the Rights of All of Migrants Workers and Members of their Families 1951 Convention on the Status of Refugees and its 1967 Protocol 4
Ouagadougou Action Plan: General Principles 4Ps (Prevention, Prosecution, Prevention and Partnership) based on respect for human rights including protection of victims. Gender Perspective: The empowerment of women and girls through national policies is an important part of combating trafficking. Good governance: Poverty Eradication, balanced distribution of wealth, employment, law enforcement system, peace and stability, and sustainable environment management. 5
Ouagadougou Action Plan: General Principles and Measures Political and Legal Commitment of AU-EU with unique legal protection for children and women focusing on: Prevention and awareness-raising Victim protection and assistance Legislative framework, policy development and law enforcement Cooperation and coordination 6
Ouagadougou Action Plan: AU.COMMIT AU Commission launched AU.COMMIT Campaign Activities on 16 June 2009: Regional launch followed by Workshops on Operationalization of Ouagadougou Action Plan: - ECOWAS, March 2010; - IGAD and EAC, December 2010 - SADC, December 2011 - Central Africa North Africa, 2013 7
AU-Horn of Africa Initiative on Human Trafficking and Smuggling of Migrants Core Countries: Egypt, Eritrea, Ethiopia and Sudan. Neighboring countries: Djibouti, Kenya, Somalia, South Sudan; Partner countries: Libya, Tunisia, Norway, Italy, Malta, Switzerland, Saudi Arabia and Yemen Partner organisations: IOM, UNHCR, IGAD and other RECs, Interpol, UNODC, EU, League of Arab States. Secretariat: AUC in close partnership with IOM and UNHCR. 8
AU-HOAI: Participating countries and Partners Core Countries: Egypt, Eritrea, Ethiopia and Sudan. Neighboring countries: Djibouti, Kenya, Somalia, South Sudan; Partner countries: Libya, Tunisia, Norway, Italy, Malta, Switzerland, Saudi Arabia and Yemen Partner organisations: IOM, UNHCR, IGAD and other RECs, Interpol, UNODC, EU, League of Arab States. Secretariat: AUC in close partnership with IOM and UNHCR. 9
AU-HOAI: its focus Addressing Human trafficking and smuggling of migrants from the Horn of Africa region through 3 different routes: 1) The Northern Route: through Sudan, Libya, Egypt into Europe. 2) The Eastern Route: - Gulf of Aden migration route: Djibouti, Northern Somalia, Yemen and eventually KSA and other Middle Eastern countries. 3) The Southern Route: through Kenya, Tanzania, Zambia, Malawi and South Africa 10
Core message of the AU. TIP and SOM Campaign Curb Both the Supply and Demand Side of Trafficking The AU.COMMIT Campaign to uses both soft and hard tools or smart tool by mixing both Soft tools supply side of trafficking, namely : (i) Socio-Economic Development (ii) Poverty Eradication (iii) Prevention (iv) Protection Hard tools deal with the demand side of trafficking: (i) Reform of laws (ii) Prosecution of criminals (iii) Disruption of network of crime (iv) Coordination among countries of destination, transit and origin 11
Prevention, Protection, Prosecution and Partnerships Prevention: Empowerment, education and training and employment ( Raise awareness - Mobilise support - Rehabilitation centres - Reduce the demand - Eliminate harmful customs and traditional practices - Prevent re-victimisation - Further research and information). Protection: Measures for victim protection and assistance: (Avoid criminalisation of victims of trafficking - Special measures to address the plight of children-headed households, especially girls Promote public health sensitive approach). Prosecution:Assistance in developing and updating Legislative Frameworks to Member States - Assistance toward appropriate Policy development - Supporting Law Enforcement efforts- Continental M&E and Coordination Partnership: Integrated approach - Share experiences and lessons learned- Enhance bilateral and multilateral co-operation- Creation of focal points at national and regional levels. 12
Importance of Partnerships The Ps are mutually reinforcing Prosecution serves prevention Robust victim and witness protection polices serve prosecution Partnership, particularly in investigation, MLA, and support for victims ensure successful prosecution 13
Consultations and Dialogue Migration Working Group AU-EU Partnership Africa-Arab Partnership Strategy Regional Consultative Processes (RCPs) Global Forum on Migration and Development (GFMD) 2 nd UN High Level Dialogue on Migration Valletta Consultations Intra-RECs forum on Migration World Humanitarian Summit 14
Impression of Human Trafficking Leads to social exclusion and crime Erodes human capital Undermines public health Undermines government authority Proceeds sustains illicit activities that constitute a threat to democratic governance and rule of law There is a nexus between organized criminal groups involved in trafficking (drugs firearms and human) and terrorism, as proceeds of one venture is used to finance the other through elaborate money laundering. Human trafficking does not respect border and it does not respect people It is horrific abuse of, and violence against women and children in particular 15
Current Activities to Address Irregular Migration Working Group comprising of country representations to the African Union meets regularly in Addis Ababa. Development of the Labour Migration Governance for Development and Integration in Africa (Joint Labour Migration Programme) Compilation of Labour Migration Statistics in AU Member States (already obtained in 33 countries) Ongoing study on Social Security access and Portability Ongoing Study on skills portability Operational plan being developed to facilitate the implementation of the HOAI strategy and action plan. Establishment of a Technical Working Group on Law Enforcement on Human Trafficking in the Horn of Africa. Development of a Free Movement Protocol Establishment of a Continental Free Trade Area 16
Core Message Human trafficking is ruthless and murderous trade. Therefore, traffickers must be pursued with vigour, frustrated and dismantled with the full force of the law and international resolve Human Trafficking is a transnational organized crime and it requires transnational organized response Combating this scourge of our time is a shared responsibility. 17
Thank you for your attention! Philip Bob JUSU Socio-Economic Officer Bureau of the Chairperson African Union Commission E-mail: jusup@africa-union.org 18