FMM West Africa Support Free Movement of Persons & Migration in West Africa Counter-Trafficking Baseline Assessment Funded by the EU
Document prepared by Claire Healy from the International Centre for Migration Policy Development (ICMPD). This report has been produced with the financial assistance of the European Union under the project Support to Free Movement of Persons and Migration in West Africa (FMM West Africa). The contents of this report are the sole responsibility of the author and can in no way be taken to reflect the views of the European Union, the Economic Community for West African States (ECOWAS), the International Organization for Migration (IOM), the International Centre for Migration Policy Development (ICMPD) or the International Labour Organization (ILO). 2
Contents EXECUTIVE SUMMARY 4 INTRODUCTION 9 Purpose and objectives of the baseline assessment 9 Methodology of the Baseline Assessment 10 CURRENT COUNTER-TRAFFICKING POLICIES AND PRIORITIES 11 ECOWAS Anti-Trafficking Policy Framework 11 ECOWAS Anti-Trafficking Priorities 15 National Priorities 16 MANDATE, INSTITUTIONAL CAPACITIES AND ORGANISATIONAL DEVELOPMENT 18 Previous experience of the staff of the ECOWAS TIP Unit and NFPs on anti-trafficking 18 ECOWAS TIP Unit - Roles and responsibilities 19 National Focal Points Roles and responsibilities 20 Inter-sectoral cooperation at the national level 24 Coordination mechanisms between ECOWAS and the national focal points 24 Inter-Institutional partnerships: current and planned 26 Funding of counter-trafficking activities 26 PROJECTED CAPACITY-BUILDING NEEDS 27 Policy development and implementation, advocacy, research and data collection 27 Trafficking of adults for labour exploitation 28 Prevention of trafficking 28 Identification and Assistance 28 Prosecution 29 Previous training experience of the respondents 29 Future capacity-building needs 29 RECOMMENDATIONS FOR CAPACITY-BUILDING 30 ANNEXES 34 Case studies (summary of cases listed in the questionnaires) 34 Questionnaire Responses 35 Field Research in Abuja 35 Additional Information on Sources 36 3
Executive Summary Combating trafficking in persons is a priority for the Economic Community of West African States (ECOWAS) Commission and its Member States. The ECOWAS Common Approach on Migration states in Principle 3 that Combating human trafficking is a moral and humanitarian imperative. The Support to Free Movement of Persons and Migration in West Africa project supports the TIP Unit of the ECOWAS Commission in the development, adoption, promotion and implementation of its new Plan of Action, and seeks to enhance the ECOWAS Annual Review Meetings of the anti-trafficking National Focal Points (NFPs) of the Member States (MS). The present baseline assessment which is led by ICMPD forms part of the anti-trafficking component of this project, and specifically targets the ECOWAS Trafficking in Persons (TIP) Unit and the anti-trafficking NFPs. The assessment will inform the implementation of a comprehensive training plan for the TIP Unit and the anti-tip NFPs. Though it refers to some quantitative data, the assessment mainly draws upon qualitative data, in three main fields: (A) the mandate and institutional capacity of relevant organisations and actors and (B) policy development and (C) the projected capacity-building needs of the ECOWAS TIP Unit and the NFPs. A questionnaire was distributed to the TIP Unit and the anti-tip NFPs in the ECOWAS MS, and extensive consultations were held with the TIP Unit and other relevant stakeholders in Abuja in early 2014. Background desk research was conducted on relevant ECOWAS and national legislation, regulations, policies and procedures. The assessment sets out the anti-trafficking activities of ECOWAS since 2001, as follows: Date ECOWAS Timeline of Selected TIP-Related Policies and Activities, 2000 to Present Description of Activity 12.2001 ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003) 2005 TIP Unit officially established at Commission 2006 Training Manual on Trafficking in Persons published (with IOM) 2006 Training Courses organised at national level based on the Manual 2006 Joint ECCAS/ECOWAS Plan of Action against Trafficking in Persons in West and Central Africa 2006 Multilateral Cooperation Agreement to Combat Trafficking in Persons concluded with ECCAS 2007 Plan of Action against Trafficking in Persons (2008 2011) 2009 Regional Policy on Protection and Assistance to Victims of Trafficking in Persons in West Africa 2009 Country Report Framework for Counter Trafficking in Persons Activities for ECOWAS MS 11.2009 Annual Review Meeting of National Focal Points, Accra 2010 Strategic Plan of Action for the Combat of Trafficking in Persons in West Africa for 2010-2013 2010 TIP Unit develops a Media/Communication Plan for 2010-2011 02.2010 First Annual Meeting of Strategic Partners on the Fight Against TIP and Child Protection, Abuja 02.2010 Roadmap on Trafficking in Persons and Child Protection for West Africa 2010 Draft Regional Guidelines on Protection Support and Assistance to Witnesses 11.2010 Annual Review Meeting, Cotonou 11.2011 Annual Review Meeting, Lome 2012 Annual Review Meeting, Abuja 2013 Plan of Action for the Elimination of Child Labour, Especially the Worst Forms for 2013-2015 10.2013 Workshop on a Media and Communication Network and Strategy for Combating TIP and Child Protection, Abuja Countering human trafficking in the ECOWAS region suffers from the weakness of national institutions and a lack of awareness of the risks posed by trafficking, child labour, forced labour, and smuggling 4
and irregular migration among some vulnerable communities. The most commonly reported forms of trafficking in the region include child labour, child domestic servitude, labour exploitation in agriculture, quarries and mines, and exploitation in street hawking, as well as sexual exploitation. There are also specific issues among certain MS such as child trafficking for ritual purposes, the trafficking of talibé children in Guinea-Bissau, Mali, Nigeria and Senegal, and the trafficking of rural Liberian children for illegal adoption. The clear focus in current anti-trafficking policies in the region is on children, and, to a lesser extent, women trafficked for sexual exploitation. Whilst acknowledging their specific age- and gender-related vulnerabilities, this focus has been to the detriment of policies on the trafficking of men and women for labour exploitation. Apart from the main task of supervising and monitoring the implementation of the Plan of Action by the MS, the counter-trafficking priorities of the TIP Unit are transnational policy cooperation, data collection on TIP, capacity-building of national staff, and facilitating police and judicial cooperation. The priorities for ECOWAS, according to the NFPs, are set out below: Priorities for ECOWAS according to the NFPs, in order of importance (non-exhaustive) Anti-Trafficking Priorities Harmonisation of policies, strategies and legal instruments Helping the NFPs and other national authorities to advocate to improve legal and institutional frameworks Protection of victims, especially child victims, and support for relevant civil society and community structures Reinforcement of the technical service capacities of the MS Support for the mobilisation of financial resources for the MS Monitoring and evaluation Sub-regional and international cooperation on prosecution and repatriation Encouraging and assisting MS to sign cooperation agreements Regional platforms for training, networking, joint case management, information sharing and exchange of best practices Questionnaires C, D, E, J C, D, E, J C, D, E, I E, H, I E, H, I C, D, E G, H, J G, H, J G, H The NFPs who responded to the assessment questionnaire cited their own national priorities as: Coordination of transnational policies; prevention activities; data collection; capacity-building of national agencies; promotion of police and judicial cooperation; child justice structures; sensitisation of local communities and border guards; and the need for training workshops and partnership. The ECOWAS Commission staff member principally responsible for TIP worked for a Nigerian NGO and UNODC, before joining ECOWAS in 2005. Since 2009, the Unit has been functioning with only two staff. Its main mandate is to coordinate the implementation by MS of the ECOWAS TIP Plan of Action and report annually on progress to the ECOWAS Ministerial Meeting of the Mediation and Security Council. He also has responsibilities under other ECOWAS programmes, such as child labour and child protection. In general, ECOWAS policies on combating TIP and child labour, and promoting child protection, have been complementary and cross-cutting, involving the TIP Unit and the Directorates for Gender, Humanitarian and Social Affairs and Free Movement. Many of the respondents from NFPs who were consulted for this assessment have experience in antitrafficking from a legal, judicial, or law enforcement perspective, while many other respondents from NFPs have dealt with trafficking on the basis of expertise and experience in child protection policy and practice. Due to the focus among anti-trafficking policy-makers and practitioners in ECOWAS countries on combating child labour, the NFPs in many MS are Ministries and Agencies in charge of child rights and child protection, followed by Ministries of Justice. This assessment sets out the distinct 5
responsibilities of a number of NFPs. Some MS have specific anti-trafficking structures, while in others anti-trafficking is one of the various responsibilities of certain positions and agencies. The first Annual Review Meeting of the NFPs took place in 2007, and has been organised by the TIP Unit on an almost yearly basis since. They are the main tool for coordination between the ECOWAS TIP Unit and the NFPs, and while they are primarily a monitoring and evaluation event, they also allow for interaction and training. A number of bilateral and multilateral agreements also exist between ECOWAS MS for cooperation on intra-regional trafficking cases. It poses a problem for coordination between ECOWAS and NFPs on anti-trafficking that the Regional Advisor at the TIP Unit cannot communicate directly with the MS in French and Portuguese, although the Administrative Assistant for the Unit speaks both English and French. At the international level, the ECOWAS TIP Unit has worked with ILO, IOM, UNHCR, UNICEF, UNODC and the UN Population Fund (UNFPA), as well as Save the Children and Terre des hommes. The NFPs also reported working with these international organisations, and NGOs such as Plan International and Child Fund. The ECOWAS TIP Unit is funded through the ECOWAS budget, as well as project-related funding from international organisations. Many NFPs reported a certain dependence on international organisations and international projects to fund their activities, despite some financing coming directly from national budgets. There is a high level of knowledge of international trafficking definitions and the regional and national legal and policy framework among the NFPs, as well as on the part of the TIP Unit itself. There is far less knowledge on issues such as migrant rights, labour migration, forced labour, labour exploitation and trafficking for labour exploitation. The concept of trafficking of adult men and women for labour exploitation, whether internally, within the region or outside the region, is clearly not well understood or recognised as a significant form of trafficking. Prevention is the main focus in the region, given the structural vulnerabilities to trafficking caused by poverty and unemployment, weak institutions, educational levels and the size of the informal economy. Prevention must address, among other issues, the abuse by traffickers of minority traditions practiced among some West African communities. Education is also recognised as a fundamental element of prevention, both for children and their parents. Knowledge on transnational cooperation in investigating trafficking cases could be improved, as well as on transnational referral mechanisms, inter-institutional data sharing, compensation, protection frameworks and social economic crimes related to TIP. Community-level activities and awarenessraising are considered by some NFPs as essential to the development of prevention policies in the region, while others stressed the importance of communication and awareness-raising through the media, and the identification and protection of victims by law enforcement. Advocacy and policy development are areas where little if any training has taken place, despite a clearly stated need for training on these topics by most NFPs consulted, particularly to increase budget allocations to countertrafficking activities. There is need for better research and harmonised data collection on migration in general in the region, including trafficking. Training sessions should also include the topics of social protection and social safety nets relevant to combating human trafficking and child labour. The TIP Unit and the NFPs, while having a good general understanding of the definition of child trafficking and some of its forms, need further training on other forms, including the exploitation of children in rituals, through begging and for illegal adoption. Trafficking for domestic servitude, mostly involving young girls from rural contexts exploited in the homes of urban middle-class families, is a form of trafficking cited by many interviewees for this assessment. Prosecution and legal assistance are training priorities and compensation was highlighted as an issue where more training could be carried out. The last dedicated series of capacity-building events for national stakeholders from ECOWAS MS on anti-trafficking, aside from the brief training components of the Annual Review Meetings, were in 2008/2009, over five years ago. Future capacity-building needs for anti-trafficking in the region, based on the responses to the Questionnaires for this assessment, are, in decreasing order of importance: (N=number of times mentioned) Migrant rights and labour migration (8) 6
Drafting national action plans; Drafting national strategies; Financial and human resource allocation; Identifying victims; Dealing with victim-witnesses; transnational cooperation on prosecution; Data collection and information management (7) Compensation (6) Fund-raising; investigating labour exploitation (5) Implementation monitoring tools; Integration, reflection period and protection; Transnational Referral Mechanisms (TRMs); Multi-agency approach (4) Drafting project proposals (3) Report writing; Implementation tools (2) There is considerable expertise already in the region, so it is preferable, where possible, to employ specially selected trainers from within the region for certain topics, as they understand the regional reality and can have greater impact on the other MS authorities. The results of this assessment show that participants in capacity-building events should include not only police, prosecution authorities, border guards, social workers and child protection authorities, but also labour inspectorates, NGOs, transport workers unions, customs officers, media professionals, human rights ombudspersons and faith-based organisations. It is only by being included in capacity-building that such stakeholders can recognise the role they can play in combating human trafficking, and then learn how to play it. For each recommended training topic in what follows, examples of relevant sub-topics are given. These will be enhanced and expanded upon in the course of the organisation of training activities: General migration context and migration policy - How anti-trafficking can form part of immigration policy - Connections between trafficking, migrant smuggling and irregular migration - Mixed migration flows and trafficking along existing migratory routes - Safe migration alternatives to trafficking - Child migration and mobility Migrant rights and labour migration - Employment rights in a migration context - Protecting migrants from exploitation in general, including trafficking - The role of Labour Inspectorates - Partnerships with migrant NGOs Trafficking for labour exploitation: prevention and prosecution - How to investigate cases of trafficking for labour exploitation - How to prosecute cases of trafficking for labour exploitation - Which authorities have a role in prevention - What kind of campaigns can be organised to prevent this type of trafficking - How to identify adult and child victims of this type of trafficking - indicators Protection of adult victims of trafficking, particularly for labour exploitation - How to identify adult victims of trafficking - The protection needs of trafficked men and women - Reintegration needs of trafficked men and women - Accommodation shelters for trafficked men and women Trafficking for domestic servitude 7
- Targeting cultural acceptance of this form of trafficking - Legislating against trafficking for domestic servitude - Addressing the gender and age aspects of trafficking for domestic servitude - Alternative methods of income generation for vulnerable children and their families Trafficking for exploitation through begging and street hawking - Difference between the trafficking of children and adults for this purpose - Identification of this form of trafficking - Targeting cultural acceptance of this form of trafficking - Investigating this form of trafficking (street observations, etc.) Drafting and implementing national action plans and strategies - Though many MS already have action plans in place, implementation in general is still a key challenge. - Funding the implementation of action plans and strategies, including human resources - Designing viable measures to be included in plans and strategies - Monitoring and evaluation of implementation Transnational cooperation on prosecution - National and Transnational Referral Mechanisms - Legal Mutual Assistance - Bilateral and Multilateral Cooperation Agreements Data collection and information management - Privacy and confidentiality - Purposes of data collection - Relevant variables - Guidelines for information sharing Compensation of trafficked people - Deciding on the value of compensation - Sources of funding for compensation. This baseline assessment was carried out by ICMPD s Anti-Trafficking Programme Research Officer Claire Healy. 8
Introduction Purpose and objectives of the baseline assessment With a fast-growing, young and increasingly urban population, West Africa is undergoing rapid changes in population dynamics, which, in turn, affect migration patterns. In a context further characterised in some countries by economic decline, environmental degradation and political instability, mobility - which remains predominantly intra-regional - and its associated benefits, such as access to employment and remittances, represent a vital livelihood strategy for many West Africans and their families, contributing significantly to the achievement of the Millennium Development Goals (MDGs). As the current Regional Advisor at the Anti-Trafficking Unit (TIP Unit) at the ECOWAS Commission has commented, in West Africa, trafficking is mainly rooted in rampant poverty. Traffickers take advantage of the high demand for migrant workers in many local industries... He also mentions other root causes, including violence, natural disasters, armed conflicts, refugee-producing situations and the vulnerabilities of children, young girls and women (Olayemi, 2011). Child trafficking for labour exploitation has been recognised as a specific problem in the region. Combating trafficking in persons is a priority for the ECOWAS Commission and Member States. The ECOWAS Common Approach on Migration states in its Principle 3 that Combating human trafficking is a moral and humanitarian imperative. ECOWAS has adopted several regional policy documents and guidelines in this regard, including the ECOWAS Regional Policy on Protection and Assistance to Victims of Trafficking and the ECOWAS Guidelines on Protection, Support and Assistance to Witnesses. Building upon these initiatives, this project supports the TIP Unit of the ECOWAS Commission in the development, adoption, promotion and implementation of its new Plan of Action and seeks to enhance the ECOWAS Annual Review Meetings of the anti-trafficking National Focal Points (NFPs) of the Member States (MS) by reinforcing related planning, coordination, monitoring and reporting mechanisms. Specific attention is paid to the appropriation and use by ECOWAS Member States of the existing regional policy framework and the development of further regional policies and guidelines for combating Trafficking in Persons in West Africa. The ECOWAS Commission is in need of effective monitoring and enforcement mechanisms to ensure the implementation of its policies. The conflicts caused by competing and/or parallel processes (e.g. the West African Economic and Monetary Union, bilateral negotiations) may compromise the ECOWAS antitrafficking framework. Weak regional governance of free movement and migration also derives from the situations at national level. ECOWAS and the Consortium of Partners the International Organization for Migration (IOM), the International Labour Organization (ILO) and the International Centre for Migration Policy Development (ICMPD) with generous funding from the European Union (EU) European Development Fund (EDF) - have launched a five-year project seeking to maximise the development potential of free movement of persons and migration in West Africa by supporting the effective implementation of the ECOWAS Free Movement of Persons Protocols and the ECOWAS Common Approach on Migration. The focus of the intervention is free movement in the context of the ECOWAS protocols and migration policy harmonisation at both the regional and national levels. At regional level, the project enhances the planning, coordination and monitoring capacities of the ECOWAS Commission to lead intra-regional dialogue and act as a platform for development and harmonisation. The present baseline assessment forms part of the anti-trafficking component of this project, and specifically targets the ECOWAS TIP Unit. In addition, in order to more comprehensively assess the capacity of regional stakeholders to tackle trafficking in human beings, the anti-trafficking NFPs were also assessed. This assessment takes into account the ECOWAS TIP Unit s and NFPs mandates, institutional capacities, institutional challenges and financial constraints. In addition, existing internal coordination mechanisms and internal knowledge sharing and collaboration practices were assessed. The results of the assessment will inform the development and implementation of a comprehensive training plan for the TIP Unit and the anti-tip National Focal Points on counter-trafficking. 9
Methodology of the Baseline Assessment This baseline assessment establishes the starting point and a priori conditions against which the impact of the activities to strengthen the capacity of the ECOWAS Commission in the area of countertrafficking will be measured. Its main objective is to inform the design and implementation of training programmes for the TIP Unit and the NFPs. Though it refers to some quantitative data, the assessment mainly draws upon qualitative data, through primary and secondary sources. Specifically, the baseline assessment addresses three main fields: (A) the mandate and institutional capacity of relevant organisations and actors and (B) policy development and (C) the projected capacity-building needs of the ECOWAS TIP Unit and the NFPs. Primary Sources A questionnaire was distributed to the relevant officials from the ECOWAS TIP unit and the anti-tip National Focal Points (NFPs) in the ECOWAS Member States. A total of 10 responses were received, which were then collected and analysed. Extensive consultations were held in person with the ECOWAS TIP Unit in Abuja, Nigeria, in January 2014; and interviews and consultations were also held with selected partners working with the TIP Unit on counter-trafficking initiatives, including Nigerian government agencies, civil society organisations and international organisations. The focus of these consultations was somewhat limited in terms of geography, due to the possibility of in-person consultation with the authorities of only one Member State Nigeria where the ECOWAS Secretariat is located. The consultations were nevertheless informative, given that Nigeria is one of the most advanced states in the region, in terms of its infrastructure for combating TIP. Secondary Sources This assessment report also draws on background desk research on relevant ECOWAS and national legislation, regulations, policies and procedures. As part of the background research, documents on ECOWAS and national government responses to trafficking were specifically examined. The desk research additionally covered annual reports, organisational plans and reports on topical issues, as well as staff establishment processes, and the qualifications and skills of staff. Research Process Primary sources Written Questionnaires In-person Consultations Secondary Sources Legal and policy documents Reports and organisational plans Staff information Analysis Capacities gaps and needs Interaction, communication and knowledge transfer Development of Recommendations 10
Current counter-trafficking policies and priorities ECOWAS Anti-Trafficking Policy Framework Protocols Decisions and Resolutions Conventions Relevant ECOWAS Protocols, Decisions, Resolutions and Conventions - Protocol A/SP1/5/79 Relating to Free Movement of Persons, Residence and Establishment - Supplementary Protocol A/SP2/7/85 on the Code of Conduct for the Implementation of the Protocol on Free Movement of Persons, the Right of Residence and Establishment - Supplementary Protocol A/SP1/7/86 on the Second Phase (Right of Residence) of the Protocol on Free Movement of Persons, the Right of Residence and Establishment - Supplementary Protocol A/SP1/6/89 Amending and Completing the Provisions of Article 7 of the Protocol on Free Movement of Persons, the Right of Residence and Establishment - Supplementary Protocol A/SP2/5/90 on the Implementation of the Third Phase (Right of Establishment) of the Protocol on Free Movement of Persons, the Right of Residence and Establishment - Protocol 2003 on Education and Training - Supplementary Protocol A/P3/5/82 Relating to the Definition of Community Citizen - Decision 8/5/82 Amending the Provisions of Paragraph 1 of Article 27 of the ECOWAS Treaty - Decision A/DEC/10/5/82 Relating to the Application of the Free Movement Protocol and the Public Enlightenment Programme - Decision A/DEC.2/7/85 Relating to the Establishment of ECOWAS Travel Certificate for Member States - Decision A/DEC.2/5/90 Establishing a Residence Card in ECOWAS Member States - Decision C/DEC.3/12/92 on the Introduction of a Harmonised Immigration and Emigration Form in ECOWAS Member States - Decision A/DEC.3/8/94 Relating to the Establishment of National Monitoring Committees for the Effective Implementation of ECOWAS Decisions and Protocols on Transport - Decision C/DEC.1/5/2000 relating to the Adoption of an ECOWAS Passport - Resolution A/RE2/11/84 on the Implementation of the First Phase of the Protocol relating to the Free Movement of Persons, the Right of Residence and Establishment Other relevant instruments - Convention A/P1/7/92 on Mutual Assistance in Criminal Matters - 1993 General Convention on Social Security - Convention A/P1/8/94 on Extradition - General Convention A/C.1/01/03 on the Recognition and Equivalence of Degrees, Diplomas, Certificates and other Qualifications in ECOWAS Member States As distinct from general policies and provisions relating to free movement and migration, ECOWAS s concern for the issue of TIP dates back to 2001, when Member States proclaimed their commitment to the eradication of the phenomenon with the adoption of the Declaration on the Fight against Trafficking in Persons and of the first ECOWAS Plan of Action Against Trafficking in Persons, covering the years 2002-2003. This was a response to the adoption by the UN of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol) in 2000, one of three protocols supplementing the Convention Against Transnational Organized Crime. The first Plan of Action provided for the establishment of an Anti-Trafficking Unit (TIP Unit) within the ECOWAS Commission s legal department. This became a fully-fledged unit in 2005 under the Department of Humanitarian and Social Affairs of the Commission, consisting of a Unit Coordinator, an Anglophone Regional Advisor, a Francophone Regional Advisor and an Administrative Assistant. In this context, the TIP Unit developed a checklist for Member States on their compliance with the Palermo Protocol, as well as guidelines on developing National Action Plans, National Taskforces and National Focal Points (NFPs). In 2006, in cooperation with IOM, ECOWAS developed a Training Manual on Trafficking in Persons, on the basis of which training courses were carried out at a national level. Other tools developed by ECOWAS prior to 2006 include the Manual on Cooperation and Networking for ECOWAS Member States; Model Bilateral Agreement on cooperation and mutual legal assistance in protecting children from trans-border trafficking; Guidelines for the Protection of the Rights of Child 11
Victims of Trafficking; Model Law against Trafficking in Persons; Model National Taskforce against Trafficking in Persons; Model of a child trafficking monitoring system for West and Central Africa; and a Request Writer Tool for International Cooperation. The organisation also facilitated meetings on TIP between Benin, Togo and Gabon; Côte d Ivoire and Mali; Nigeria and Niger; Nigeria and Benin; and Mali and Senegal (OHCHR, 2010). As an Annex to a multilateral cooperation agreement between the Member States of ECOWAS and the Economic Community of Central African States (ECCAS) 1 signed in Abuja in 2006, a Plan of Action was developed for 2006-2009, together with ECCAS, against Trafficking in Persons, especially women and children, in West and Central Africa. The first objective of the plan was that All women and children within ECCAS and ECOWAS regions benefit from effective protection measures against trafficking in persons. This objective therefore specifically excluded any male adult victims of TIP, but covered the ratification and domestication of international instruments, the compliance and implementation of national legislation, the national political framework and the implementation of criminal laws against trafficking. The 2006-2009 Plan also covered identification, protection, support, repatriation and integration into the country of destination; prevention and awareness-raising; collection, exchange and analysis of information; specialisation and training; travel and identity documents; and the monitoring and evaluation of the Plan itself. The Synthesis Report on the Implementation of the Plan of Action in 2008 in the ECOWAS MS was based on reports submitted by all MS with the exception of Cape Verde. It reported that all of these MS were countries of origin, transit and destination for trafficking in persons. 2 The types of trafficking identified during 2008 in the ECOWAS states were sexual exploitation, including in pornography, removal of organs, labour exploitation (including domestic servitude, fishing, farming, bar work and street trading, also by children), and exploitation in rituals, begging and armed conflicts. The specific issues identified were the problem of child trafficking, especially for rituals, for the exploitation of talibé children in begging, and of Liberian rural children for illegal adoption abroad, as well as how child trafficking relates to weak child protection in general. This Synthesis Report was presented at the Second Annual Review Meeting on the Implementation of the ECOWAS Plan of Action on Combating TIP in Accra, Ghana, in November 2009. National experts from fourteen ECOWAS Member States (Cape Verde was absent) met to review the state of implementation of the Plan of Action and to share experiences on anti-trafficking, in order to develop strategies for the future in the region. UNODC and IOM were also represented at the meeting and made presentations about their activities in combating human trafficking in region. During the meeting, as well as the Synthesis Report, presentations were made on the ECOWAS Plan of Action, the ECOWAS/ECCAS Plan of Action, and the ECOWAS TIP Unit s Report of Activities 2008. The meeting concluded with operational planning for the Plan of Action and country team work. The operational planning included capacity-building on project conceptualisation and planning, and proposal writing, followed by a presentation on budgeting anti-trafficking activities. During the country team work, delegates shared their experiences and knowledge, making recommendations in relation to the media s role in prevention, common ECOWAS procedures on safe child migration and child trafficking for ritual murder, trafficking legislation and budgetary allocations, victim trust funds and joint border monitoring. The First Annual Meeting of Strategic Partners on the Fight Against Trafficking Persons and Child Protection was held by the ECOWAS Commission in February 2010 in Abuja. The Embassies of Finland, USA and UK participated, together with UNICEF, IOM, the Nigerian Anti-Trafficking Agency NAPTIP, the ECOWAS/AU Liaison Officer and the ECOWAS Departments of Gender and of Humanitarian and Social Affairs. The meeting aimed to review progress on the Plan of Action, as well as to determine future priorities and develop a Roadmap on Trafficking in Persons and Child Protection for West Africa. During the meeting, potential sources of funding for anti-trafficking activities in the region were also 1 The 11 Member States of ECCAS are: Angola, Burundi, Cameroon, the Central African Republic, Chad, Republic of Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon, Rwanda and São Tome e Príncipe. 2 The destination countries outside West Africa of trafficked West Africans that were reported in the 2008 report were principally in Western Europe, Central Africa, North Africa and the Arabian Gulf, as well as South Africa, USA, Lebanon and India. 12
discussed. The one-day meeting included presentations on the Status Report on Trafficking in Persons by the ECOWAS TIP Unit and on strategic priorities in the region. The priorities of the Roadmap were to include policy and legal frameworks, the measurement and sustainability of approaches, greater cooperation between Member States and agencies, capacity-building and awareness-raising on TIP and child protection. Links between gaps in child protection and child trafficking were stressed, as was the need for an impact assessment of ECOWAS s work in combating TIP. Later that same year, in November 2010, the Third Annual Review Meeting on the Plan of Action was held in Cotonou, Benin, and was attended by all Member States with the exception of Cape Verde. UNICEF and the Alliance for Migration, Leadership and Development were also represented. The Director of Humanitarian and Social Affairs at ECOWAS announced the development of a regional strategic plan on TIP to follow on from the Plan of Action, as well as plans for an impact assessment on counter-trafficking measures in West Africa and the publication of the consolidated reports as a tool for information and advocacy. The meeting included presentations on the ECOWAS TIP Unit Report and Strategic Priorities, 2011-2015 and the Synthesis Report on the Implementation of the Plan of Action and Member States Priorities for 2009. Topical issues were also covered, such as the link between TIP and child protection, protection and assistance to victims in West Africa and guidelines on protection, support and assistance to witnesses. At the close of the meeting, the country teams then discussed and reported back on their priorities. To complement activities at the meetings, the TIP Unit also prepared a Media/Communication Plan for 2010-2011, aiming to raise awareness of trafficking and child protection in the region. It covered plans to air TV and radio documentaries and spots, and mount billboards and posters, to raise awareness about trafficking in persons, as well as to conduct information and awareness sessions with relevant government agencies, politicians, ambassadors and the media, and to set up a website for access to digital TIP resources. The Strategic Plan of Action for the Combat of Trafficking in Persons in West Africa for 2010-2013 lists the following priorities: Ensuring development of appropriate institutional, policy and legal frameworks for combating trafficking in persons and for child protection. Development of methodologies and approaches in measuring and ensuring sustainable progress in the combat of trafficking in persons and child protection. Development of linkages between Member States and stake-holding agencies and development of Member States capacities for effective combat of trafficking in persons. Ensuring adequate public sensitization on the subjects of trafficking in persons and child protection. Looking to the future, the ECOWAS Plan of Action for the Elimination of Child Labour, Especially the Worst Forms has already been developed and approved for 2013-2015, assisted by the ILO (Interview 5). Most recently, at the end of October 2013, a Regional Workshop was held in Abuja on the Development of a Media and Communication Network and Strategy for Combating Trafficking in Persons and Child Protection. The workshop involved journalists, advocacy groups and experts on TIP and child protection. The potential role of the media in combating TIP was stated by the ECOWAS Commissioner for Humanitarian Development and Gender, Dr. Adrienne Diop, as including agenda-setting, ensuring accountability in public office, advocacy, mobilisation and promoting alliances. Participants called for capacity-building on the issue for media professionals and agreed to the establishment of a media network for combating trafficking in persons and child protection. This is to be complemented by the development of an accessible common information repository. Work on a new ECOWAS Plan of Action, or the extension of the existing one, is to be carried out during 2014 (Meeting 1). 13
ECOWAS Timeline of Selected TIP-Related Policies and Activities, 2000 to Present Date Description of Activity 12.2001 ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003) adopted 2005 TIP Unit officially established at Commission 2006 Training Manual on Trafficking in Persons published (with IOM) 2006 Training Courses organised at national level based on the Manual 2006 Regional Integration, Growth and Poverty Reduction in West Africa: Strategies and Action Plan, adopted, with WAEMU 2006 Joint ECCAS/ECOWAS Plan of Action against Trafficking in Persons, especially women and children in West and Central Africa, adopted, with ECCAS 2006 Multilateral Cooperation Agreement to Combat Trafficking in Persons, especially Women and Children in West and Central Africa, concluded with ECCAS 2006 Cross-border Initiatives Programme 2007 Plan of Action against Trafficking in Persons (2008 2011) adopted 2008 Common Approach on Migration adopted 2008 Conflict Prevention Framework adopted 2009 Vision 2020, Towards A Democratic And Prosperous Community issued 2009 Regional Labour Policy and Action Plan adopted 2009 Regional Policy on Protection and Assistance to Victims of Trafficking in Persons in West Africa adopted 2009 Country Report Framework for Counter Trafficking in Persons Activities for ECOWAS Member States developed 11.2009 Annual Review Meeting of National Focal Points, Accra 2010 Strategic Plan of Action for the Combat of Trafficking in Persons in West Africa for 2010-2013 adopted 2010 TIP Unit develops a Media/Communication Plan for 2010-2011 02.2010 First Annual Meeting of Strategic Partners on the Fight Against Trafficking in Persons and Child Protection, Abuja 02.2010 Roadmap on Trafficking in Persons and Child Protection for West Africa developed at Meeting 2010 Strategic Plan 2011-2015, A proactive Mechanism for Change adopted 2010 Draft Regional Guidelines on Protection Support and Assistance to Witnesses issued 11.2010 Annual Review Meeting, Cotonou 11.2011 Annual Review Meeting, Lome 2012 Annual Review Meeting, Abuja 2013 Plan of Action for the Elimination of Child Labour, Especially the Worst Forms developed and approved for 2013-2015. 10.2013 Regional Workshop on the Development of a Media and Communication Network and Strategy for Combating Trafficking in Persons and Child Protection, Abuja The ECOWAS framework is complemented by initiatives at a regional level, including those of the African Union (AU). All of the ECOWAS Member States are simultaneously Member States of the African Union, with the exception of Guinea-Bissau, which was suspended following the 2012 coup d état. In November 2006, at the Africa-EU Ministerial Conference on Migration and Development, the Ministers of Foreign Affairs, Migration and Development from Africa and the EU adopted the Ougadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, covering the period 2007-2010. The Action Plan provides recommendations in the areas of prevention, protection and prosecution for the Regional Economic Communities in Africa, including ECOWAS. The Action Plan was to be implemented within the framework of the Africa-EU Partnership on Migration, Mobility and Employment (MME) (OHCHR, 2010). 14
In June 2009, the African Union launched the Initiative Against Trafficking (AU.COMMIT) aiming to provide technical expertise, and financial and logistical support for projects and events in the region. A Workshop to launch and operationalise the Ougadougou Action Plan in the ECOWAS region was held in Abuja, Nigeria, in March 2010. The workshop recommended that Regional Economic Communities establish focal points for anti-trafficking; action plans and institutional frameworks for their subregions; and bi-annual reporting on implementation of the Ougadougou Action Plan. AU.COMMIT aims to promote the implementation of the Ouagadougou Action Plan and involved an awareness-raising Campaign to Combat Trafficking with television spots and the distribution of copies of the Action Plan, t-shirts, pamphlets, posters and other visibility items at the Headquarters of the AU Commission in Addis Ababa, Ethiopia, in June 2009. The focus in 2009-2010 was on the prevention of and response to trafficking; in 2010-2011 it was on the protection of trafficked people; while in 2011-2012 the focus was on the prosecution of those who commit trafficking crimes. The AU Commission, in cooperation with ECCAS, the Gabonese Ministry of Family Affairs and Social Welfare and IOM, extended the AU.COMMIT Campaign to the Central and North African AU Member States from December 2012. Relevant policy instruments at the continental level include the 1981 African Charter on Human and People s Rights, the 1990 African Charter on the Rights and Welfare of the Child (adopted in the wake of the 1989 UN Convention on the Rights of the Child) and the 2003 Protocol on the Rights of Women in Africa (OHCHR, 2010). ECOWAS Anti-Trafficking Priorities The most commonly reported forms of trafficking in the ECOWAS region include child labour, child domestic servitude, labour exploitation in agriculture, quarries and mines, and exploitation in street hawking, as well as sexual exploitation (Meeting 1; Interview 4; 5). When conflicts and wars have broken out in the region (e.g. Mali 2012-present; Cote d Ivoire 2002-2007; Liberia 1999-2003; Guinea- Bissau 1998-1999; and Sierra Leone 1991-2002), children have also been trafficked for exploitation as child soldiers and by warlords and armed gangs for criminal activities. The recent conflict in Mali, for example, has attracted both Nigerian sex workers and traffickers for sexual exploitation of Nigerian women and girls (Meeting 1). The Status Report on the implementation of the ECOWAS Plan of Action in 2009 highlighted issues among Member States including child trafficking, including for ritual purposes, the trafficking of talibé children in Guinea-Bissau, Mali, Nigeria and Senegal and trafficking of rural Liberian children for illegal adoption outside the country. As regards the legal framework, it is the view of representatives of the UNODC office in Abuja that the laws in the region do not specifically cover conspiracy to traffic someone, and that the existing penalties are not commensurate with the crime committed, thus failing to prevent recidivism (Interview 6). Challenges for combating TIP in the region, according to an ILO representative, include inadequate facilities for trafficked children and lack of separation of trafficked adults and children at centres, as well as the problems ensuing from the different levels of development of the different ECOWAS Member States (Interview 5). 3 Countering human trafficking in the ECOWAS region suffers from the weakness of national institutions combined with a lack of awareness of the risks posed by trafficking, child labour, forced labour, and smuggling and irregular migration among some vulnerable communities. Prevention requires more advocacy in the area of child protection and women s rights, particularly in the context of intra- ECOWAS migration, but also more generally in law enforcement and social protection (Questionnaire A). 3 Most ECOWAS Member States have low development ratings in life expectancy education and income. The UNDP s Human Development Index (HDI) 2012 rates all but two MS as having low human development. Only Cape Verde (132) and Ghana (135) qualified as having medium human development, while Nigeria (153), Senegal (154) and Togo (159) had the highest HDIs among the low human development MS. See: UNDP (2013). Human Development Report 2013- The Rise of the South: Human Progress in a Diverse World. New York: UNDP, and: Kwanashie, Mike & Ken Ukaoha (n.d.): Benchmarking EPA between EU and ECOWAS. National Association of Nigerian Traders NANTS. 15
Due to the focus on child labour and sexual exploitation, victims shelters in the region tend to only cater for children and women. In Nigeria, for example, most shelters at NAPTIP s zonal offices (8 + Abuja FCT) cater for child victims only, with some also catering for women (Interview 4). If male victims of labour exploitation are deported from European countries, they are sent straight back to their families and have brief, if any, contact with the Nigerian authorities (Interview 1). One big shelter in Lagos, the largest city, caters to trafficked women, providing accommodation for up to six months, with funding from the Italian government (Interview 1). Therefore providing protection to male adult victims is pretty much uncharted territory. Apart from the main task of supervision and monitoring of implementation of the Plan of Action by the Member States, the counter-trafficking priorities of the ECOWAS TIP Unit are, according to the Regional Advisor, transnational policy cooperation, data collection on TIP, capacity-building of national staff, and facilitating police and judicial cooperation (Questionnaire A). From the point of view of the Member States, the regional priorities for ECOWAS can be determined based on feedback from the antitrafficking NFPs in the region. Priorities for ECOWAS according to the NFPs, in order of importance (non-exhaustive) Anti-Trafficking Priorities Questionnaires Harmonisation of policies, strategies and legal instruments C, D, E, J Helping the NFPs and other national authorities to advocate to improve legal and institutional C, D, E, J frameworks Protection of victims, especially child victims, and support for relevant civil society and community C, D, E, I structures Reinforcement of the technical service capacities of the MS E, H, I Support for the mobilisation of financial resources for the MS E, H, I Monitoring and evaluation C, D, E Sub-regional and international cooperation on prosecution and repatriation G, H, J Encouraging and assisting MS to sign cooperation agreements G, H, J Regional platforms for training, networking, joint case management, information sharing and G, H exchange of best practices Regionally harmonised data collection I Dealing with the low number of prosecutions 4 I Capacity-building among NFPs I Better understanding the dynamics of TIP in the region I National Priorities The clear focus in current anti-trafficking policies in the region is on children, and, to a lesser extent, women who are trafficked for sexual exploitation. While acknowledging the specific age- and genderrelated vulnerabilities of these two groups, this focus has been to the detriment of policies related to the trafficking of men, including for labour exploitation, and of women for labour exploitation. Land borders in the region are often difficult to police, particularly in terms of employing female border police, due to the lack of facilities at border crossing points. This is compounded by the frequent security threats from criminal organisations operating in Nigeria, Niger, Chad, Libya, Mali, Mauritania, etc (Interview 3). The region therefore also lacks data management in general and a central database on border crossings in particular (Interview 3). The European Union, largely through Frontex, is currently assisting on this issue. Children in predominantly Muslim regions in West Africa, particularly Northern Nigeria and Senegal, may be rendered vulnerable to exploitation in begging (see: Anti-Slavery International (2009) Begging for Change). The practice of sending children talibés to boarding schools ( Al-Majiris, Interview 4; 4 At the 2010 Annual Review Meeting, ECOWAS Member States reported 474 trafficking prosecutions in 2009, an increase of over 300% on the previous year (Olayemi, 2011). However, this remains a low level of prosecutions, even in comparison with the low numbers of prosecutions in other regions, such as Europe or America 16