Migrant smuggling is a deadly business operated by groups that seek to profit from thousands of people, without any respect for their rights and dignity. For example, the migrant flow from Morocco, Algeria, Tunisia, Libya, and Egypt, through the Mediterranean Sea towards the coasts of Italy, Greece and Spain is estimated to have resulted in more than 20 000 deaths of which 1 369 occurred in 2021, one of the most dangerous routes globally—Money Laundering and Terrorist Financing Risks Arising from Migrant Smuggling (March 2022—FATF Report)
Human trafficking remains a pressing global issue, with concerted efforts by the international community to strengthen laws and regulations aimed at apprehending those engaged in this abhorrent crime that exploits human dignity for financial gain.
Various factors contribute to this problem, including armed conflicts that lead to violence and forced displacement of people. Additionally, poverty plays a significant role, pushing individuals into dire circumstances such as child marriage and driving the impoverished into the clutches of traffickers.
Though the exact statistics on migrant smuggling each year are not available, the FATF report titled Money Laundering and Terrorist Financing Risks Arising from Migrant Smuggling, published in March 2022 provides estimates from the United Nations (UN). According to these estimates, roughly three million irregular entries into the United States of America (USA) have been recorded each year.
The report also reveals that more than 181,000 migrants crossed the Mediterranean from North Africa to Italy, with a significant number of them relying on migrant smuggling networks. In 2015, the Syrian crisis led to over one million people making irregular entries into Greece and Turkey.
In 2019-2020, the United States Customs and Border Protection encountered approximately 1.5 million people attempting to illegally enter the country through its border with Mexico.
Frontex, the European Border & Coast Guard Agency, detected nearly 140,000 regular border crossings along the three Mediterranean routes in 2015, while this figure declined to 76,000 in 2020 due to Covid-19 measures.
The report indicates the existence of 60 identified smuggling routes, with the primary destinations being developed countries, including the United States, Canada, Spain, France, the UK, Switzerland, Sweden, Germany, Italy, Japan, South Korea, Australia, and Malaysia.
Over the past five to six years, countries typically considered as transit countries (such as Togo, Zimbabwe, Fiji, Brazil, the Cayman Islands, Mexico, El Salvador, Greece, Italy, Russia, Slovakia, Spain, Turkey, and Switzerland) have reported not only a surge in the influx of irregular migrants but also a proliferation of transit routes (via air, land, and sea) and the inclusion of new nationalities within this migrant flow.
The report also notes that illegal migration has seen a notable upsurge over the past five years. For instance, the flow of migrants from Belarus to Lithuania has witnessed a significant increase since 2021, with detection of 113 irregular migrants and refugees illegally crossing the border from Belarus, compared to 74 in 2020.
Likewise, in the same year, approximately 23,000 irregular immigrants arrived at the Canary Islands, marking a tenfold rise compared to the figures recorded in 2019.
Similarly, Brazil has witnessed considerable influx of irregular migrants originating from African and Latin American countries. The number of incoming Venezuelans has been consistently on the rise, while Haitian, Bangladeshi, and African migrants are also known to enter Brazil with the intention of eventually reaching the USA.
The ‘Trafficking in Persons Report’ (June 2023), issued by the US State Department, highlights the situation in Pakistan. It reveals that in 2023, there were 1,936 reported trafficking cases registered under the Prevention of Trafficking in Persons Act of 2018.
Among these, 856 cases related to sex trafficking, 988 cases linked to labour trafficking, and 92 cases pertained to unspecified forms of trafficking. This shows a noticeable increase from the previous year when 498 trafficking cases were reported, 130 cases related to sex trafficking and 368 cases involved forced labour.
Additionally, Pakistani authorities secured convictions against 105 traffickers under the Prevention of Trafficking in Persons Act, 2018, including eight for sex trafficking, 89 for forced labour, and eight for unspecified forms of trafficking. One individual was acquitted, in contrast to the absence of convictions in the preceding reporting period.
The report indicated that the government launched investigations into 32,806 cases, wherein 29,344 related to sex trafficking, 1,723 to forced labour, and 1,739 to unspecified cases.
Out of these cases, prosecution was initiated in 14,648 instances, comprising 11,404 sex trafficking cases, 1,623 forced labour cases, and 1,621 unspecified cases. Moreover, convictions were secured for 31 sex traffickers and 22 labour traffickers under the Pakistan Penal Code, 1860.
In addition to law enforcement, the report highlights the government’s commitment to protection efforts. It reported the identification of 35,309 trafficking victims, a significant increase from the 21,253 victims identified in the previous year.
This figure includes 29,334 victims of sex trafficking, 3,118 victims of forced labour, and 2,857 victims of unspecified forms of trafficking. Among the total number of trafficking victims, there were 25,919 women, 6,199 men, 2,510 boys, 309 girls, and 368 children for whom gender identification was unavailable, along with four unspecified cases.
The report also emphasizes the government’s equitable treatment of both domestic and foreign trafficking victims. Approximately 22,597 trafficking victims were referred to government and NGO services, comprising 19,143 cases related to sex trafficking victims, 1,222 cases involving forced labour victims, and 2,229 cases to unspecified forms of trafficking.
These figures included 3,144 men, 16,958 women, 2,181 boys, 269 girls, and three children for whom gender identification was unavailable—the figures for previous year’s reporting period was 18,543 trafficking victims, including 2,316 men, 14,607 women, and 1,595 boys receiving assistance.
The above statistics are highly alarming, underscoring the urgent need for Pakistan to prioritize improving its human trafficking laws and the capacity building of law enforcement officials, including the police and FIA, for implementation.
We should also concentrate on strengthening bilateral and international cooperation among Financial Intelligence Units, enhancing the oversight of Money or Value Transfer Services (MVTS) providers, including the hawala system.
The government should also place a strong emphasis on improving coordination between the public and private sectors while launching awareness campaigns among the general populace. It is government’s foremost duty to combat trafficking and uphold human dignity, necessitating united efforts from both the state and Pakistan’s citizens.
(Huzaima Bukhari & Dr. Ikram Haq, lawyers, and partners of Huzaima, Ikram & Ijaz, are Adjunct Faculty at the Lahore University of Management Sciences (LUMS), members of the Advisory Board and Visiting Senior Fellows of the Pakistan Institute of Development Economics (PIDE) and Abdul Rauf Shakoori is a corporate lawyer based in the USA and an expert in ‘White Collar Crimes and Sanctions Compliance’)
Copyright Business Recorder, 2023
The writer is a lawyer and author of many books, and Adjunct Faculty at Lahore University of management Sciences (LUMS) as well as member of Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE). He can be reached at [email protected]
The writer is a lawyer and author of many books, and Adjunct Faculty at Lahore University of management Sciences (LUMS), member of Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE). She can be reached at [email protected]
The writer is a US-based corporate lawyer, and specialises in white collar crimes and sanctions compliance. He has written several books on corporate and taxation laws of Pakistan. He can be reached at [email protected]
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