Human trafficking

11 Jan, 2025

EDITORIAL: It seems last December’s tragedy — when dozens of Pakistanis drowned off the coast of Greece as they tried to make their way to Europe illegally — has finally jolted the government into much-needed, long-delayed action against human trafficking. Yet the prime minister’s directive to confiscate assets of individuals and groups involved in this crime, in addition to “availing the services of top-notch lawyers”, might fall short of desired results. Because this sudden drive to seize assets will, in time, raise serious questions about rule of law and due process.

There’s no doubt that the intention to curb illicit financial flows and dismantle criminal networks is commendable, the approach being considered — seizing assets without first ensuring a strong legal framework — risks undermining the very objectives it aims to achieve. Indeed, such initiatives have often failed in the past simply because they were not properly thought through. Arrests may grab headlines, but without legislative backing, asset confiscations are likely to be challenged and overturned in courts. It wouldn’t do much good at the end of the day if the official machinery rolls into action, seizes assets and makes arrests, only to be embarrassed by the legal system. This pattern not only wastes valuable resources but also exposes the government to accusations of incompetence or political vendettas.

For any asset seizure to hold up under judicial scrutiny, the government must first pass robust legislation that clearly defines the criteria and procedures for confiscation. Such legislation should address key concerns as well as mechanisms for appeal. Without these, any confiscation initiative risks becoming a legal quagmire, where accused individuals — regardless of the validity of charges against them — successfully argue for relief in courts on procedural grounds.

Just as important will be sorting out the FIA (Federal Investigation Agency) itself, of course, because nothing is going to work unless the rot is first removed from within the system. News reports speak of more than 30 FIA officials arrested, booked and/or removed from service for alleged collusion with the very human traffickers that send Pakistanis abroad illegally; often only to overcrowded boats that capsize in the middle of the ocean. That this comes on the heels of similar news about the FIA anti-corruption department getting caught indulging in some very corrupt practices itself means that there is a clear pattern of dishonesty and misuse of authority within the official watchdog.

There’s no doubt that “very strict action should be taken against human trafficking mafias working in the country in order to serve as a deterrent to other”, as the PM rightly said as he also directed the FIA to make examples out of its own officials involved in criminal activity. But he realises, surely, that these things require a lot more action than waving your fists and making strong statements. The nation will now wait and see how he cleanses outfits like the FIA and then takes all sorts of political opinion along to the House where legislation to confiscate all assets of human traffickers must be enacted before it can be acted upon.

Copyright Business Recorder, 2025

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