The Current Problem of Human Trafficking in the Maldives - The Possible Solutions

THE CURRENT PROBLEM OF HUMAN TRAFFICKING IN THE MALDIVES

THE CURRENT PROBLEM OF HUMAN TRAFFICKING IN THE MALDIVES

The Possible Solutions

Mohamed Thaj5307559

Diplomacy and International StudiesRangsit University

Human Trafficking

The Current Problem Of Human Trafficking In The Maldives: The Possible Solutions

Human Trafficking

Labour Exploitation

Acute Corruption

Negative Aspects of Development

Developed Country to Middle-Income CountryOfficially in 2011 The Current Problem Of Human Trafficking In The Maldives: The

Possible Solutions

To study how to improve the human trafficking combating mechanism in the Maldives

To understand and determine the extent of the problem of human trafficking in Maldives

To study the international efforts on combating human trafficking in national, regional and global level

Purpose of the Study



Study Focus on Forced Labour In Human Trafficking

Study Reviewed The Existing Literatures on Human Trafficking

Evaluate The Existing Policies, Legal Frameworks

TODAY IN THE MALDIVES:TODAY IN THE MALDIVES:SITUATION IN MALDIVES AND THE WORLD

For The Purpose

What is Human Trafficking

An Act Recruiting

TransportingTransferring

Harbouring orReceiving A Person

Through use of Force

Coercion orOther Means

Exploiting ThemThe Current Problem Of Human Trafficking In The Maldives: The

Possible Solutions

What is Human Trafficking

Fastest Growing Criminal Industry

Labour Exploitation

Source Transit Destination

Men Women Children

Sexual Exploitation


Victims of Forced Labour, Bonded Labour and Commercial Sexual Servitude

Exploited By Private Agents

Forced Labour As A Result of Human Trafficking

Forced Commercial Sexual Exploitation

Forced Economic Exploitation of Women/GirlsThe Current Problem Of Human Trafficking In The Maldives: The

Possible Solutions

12.3Millio

n

9.8Millio

n

2.4Millio

n

11Perce

nt

56Perce

nt

Total Market Value US$32 billion

US$10 billion Initial "sale" of Individuals

Profi

t - Asi

a an

d

Paci

fic R

egio

n

Pro

fits Fro

m T

he

Activ

ities o

r Goods

Pro

duce

d

30.6 %



Where Does Maldives Stands?

Maldives at Tier 2 watch-list

Trafficking in Person Report

Countries whose governments do not fully comply with the Trafficking Victim Protection Act of minimum standards but are making significant efforts to bring themselves into compliance with those standards


Maldives Population

Maldivians Expatriate

Maldives Population

Maldivians Expatriate

Subjected To Face Conditions Indicative Of Forced Labour

Fraudulent Recruitment

Confiscation of Identity / Travel DocumentsWithholding or Non-payment of wages,

More than half of the migrant workers as illegal expatriate workers


Agriculture

Tourism

FishingHuman Trafficking

Agriculture

Fishing

US$ 123 million

Recruiting Agents Operate Bogus, Paper Companies

Illegally Obtain Work Permit - Non-existing Projects

Passports Seized and Offered Low Paid Job / Abandoned


Bangladeshi’s vulnerable to labour trafficking

Half of the Bangladeshi Workers arrived illegally US$1000 and US$4000 in ‘Recruitment Fees’

Recruitment Fraud

Collude Employers / Agents in the Maldives - Facilitate Fraudulent Recruitment / Forced Labour of Migrant Workers


Move Abroad For Better Living Conditions, To Escape Poverty / Send Money Back Home

Bangladeshi Diaspora


Bangladesh

India Others0

10000

20000

30000

40000

50000

60000

Less Skilled /Semi Skilled

Domestic House Helper

Construction Industry

Abandoned or Exploited

Migrant Workers


Case Study : Bangladeshi Carpenter

33 year old Bangladeshi worker Paid about US$ 1000 for the arrangementPassport Confiscated By The Company

Offered to Work in a Small Restaurant

18 hours or more each day

Not Receive Salary on time – Salary Received 6 months Ago

Not Free To Terminate Work

2008 in Maldives

borrowed from uncle


No Proper Food / Health Care

Case Study : Abandoned Bangladeshi

35 year old Bangladeshi worker Paid about US$ 1500 for the arrangementPassport Confiscated By The Agent

No Work / No Accommodation Offered

Looking For Work In The Streets

No Option Going Back To Country

Cleaning Motor-Cycles

2009 in Maldives

borrowed from Bank


Pay Back The Loan

Nepali Emigrants

Low S

kille

d

Sem

i-Ski

lled

Prof

ession

als

0

0.5

1

1.5

2

2.5

Million

Monthly Wage = 125-175 US$ to 1000US$

Females As Domestic House Helper

Small Number of Fraudulent Entry Document

Forced To Work / Sexually ExploitedThe Current Problem Of Human Trafficking In The Maldives: The Possible Solutions

28 year old Nepali Female

Paid About US$ 2000 for the arrangementApplied For Make-up Artist

Initially Offered To Work In A Small Café

Later Forced To Work as Therapist – 14 Hours a Day

No Other Choice Than Working – Being Exploited

Not Free To Terminate Work

Case Study : Nepali Make-up Artist

2008


COUNTER TRAFFICKING IN PERSON:COUNTER TRAFFICKING IN PERSON:INTERNATIONAL AND NATIONAL EFFORTS

Definition – Human Trafficking

World Nations Agree to United Nations Protocol Against Trafficking In Person

Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children Supplementing United Nations Convention against Transnational Organised Crime


Recruitment, transportation, transfer,

harbouring or receipt of persons, by means of

the threat or use of force or other forms of

coercion, of abduction, of fraud, of deception, of

the abuse of power or of a position of

vulnerability or of the giving or receiving of

payments or benefits to achieve the consent of a

person having control over another person, for

the purpose of exploitation. Exploitation shall

include, at a minimum, the exploitation of the

prostitution of others or other forms of sexual

exploitation, forced labour or services, slavery

or practices similar to slavery, servitude or the

removal of organs


Definition – Smuggling

The procurement, in order to obtain, directly or

indirectly, a financial or other material benefit,

of the illegal entry of a person into a State

Party of which the person is not a national or a

permanent resident.

Article 3 of the Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing United Nations Convention against Transnational Organised Crime

Preventing and Combating The Smuggling of MigrantProtecting The Rights of Smuggled Migrants

Preventing The Worst Forms of Exploitation


International Legal Instruments

The Universal Declaration of Human Rights (UDHR)The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The International Covenant on Civil and Political Rights (ICCPR),

The International Covenant on Economic, Social and Cultural Rights (ICESCR)

The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW),


The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), The Convention on the Rights of the Child (CRC) The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitutionand Child Pornography


International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

The Protocol against the Smuggling of Migrants by Land, Sea and Air,


Forced Labour Convention, International Labour Organisation Convention No.29 Abolition of Forced Labour Convention, International Labour Organisation Convention No.105

Minimum Age Convention, International Labour Organisation Convention No.138


Worst Forms of Child Labour Convention, International Labour Organisation Convention No.182


The Main International Instrument - Fight Against Transnational Organized Crime

Promoting Cooperation Between State Parties To Prevent And Combat Transnational Organized Crime

United Nations Convention against Transnational Organized Crime

Recognition By Member States - Seriousness Of The Problems

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and ChildrenThe Protocol against the Smuggling of Migrants by Land, Sea and Air

The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition

147 S

ign

ato

ries

/ 1

66 S

tate

P

art

ies


Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children

117 S

ign

ato

ries

/ 1

47 S

tate

P

art

ies

First Global Legally Binding Instrument With An Agreed Definition On Trafficking In PersonsTo Prevent And Combat Trafficking in Persons

To Protect And Assist The Victims of Trafficking, With Full Respect For Their Human RightsTo Promote Cooperation Among States Parties In Order To Meet Those Objectives


Protocol against the Smuggling of Migrants by

Land, Sea and Air

112 S

ign

ato

ries

/ 1

29 S

tate

P

art

ies

Deals with the growing problem of organized criminal groups who smuggle migrants, often at high risk to the migrants and at great profit for the offenders.Preventing and Combating Smuggling of Migrants

Promoting Cooperation Among States Parties

Protecting The Rights of Smuggled Migrants and Preventing The Worst Forms of Exploitation


South Asian Regional Instruments

SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution

Adopted Unanimously by Member States in 2002 at the Eleventh SAARC Summit,

First Regional Anti-trafficking Treaty To Emerge from the Asian continent

To Promote Cooperation Amongst Member States To Deal Effectively With Various Aspects of Prevention, Interdiction And Suppression of Trafficking in Women And Children With In South Asia


SAARC Convention on Regional Arrangement for the Promotion of Child Welfare in South Asia

Commitment To Enhance The Welfare of Children In The Region

To Envisage Facilitating The Development of Full Potential of The South Asian Child

To Ensure That There Are Appropriate Legal And Administrative Mechanisms And Social Safety Nets In Place To Protect Children From, Among Other Things, Trafficking


Declarations

Declaration of the Eleventh SAARC Summit

Reaffirmed Commitment To Regional Cooperation Through SAARC

Welcomed Signing of The SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution

Addu Declaration

To Direct The Finalization of The Work On The Elaboration of The SAARC Regional Convention on Preventing and Combating Trafficking in Women and Children for Prostitution With A View To Its Adoption By The Eighteenth SAARC Summit


Maldives in the International Arena

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), The Convention on the Rights of the Child (CRC) The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitutionand Child PornographyThe International Covenant on Civil and Political Rights (ICCPR) The International Covenant on Economic, Social and Cultural Rights (ICESCR)

Maldives, Not Ratified Any of The Eight Core ILO Labour Conventions.

Maldives in the International Arena

Government of Maldives Decision to Adopt United Nations Convention Against Transnational Organised Crime Maldives became 183rd State of the International Labour Organization


Constitution of the Maldives, Article 25 (a)

Penalty For Labour Exploitation Offenses Is A Fine

National Legal Instruments

Constitution of The Republic of Maldives, 2008

No One Shall Be Held In Slavery Or Servitude, Or Be Required To Perform Forced Labour


No Person Shall Be Compelled Or Forced Into Employment

Any service or labour obtained from a person under threat of punishment, undue influence or intimidation, and does not include services or labour performed of his own volition by any

person

National Legal Instruments

Employment Act of 2008

The Power To Issue Orders Mandating Compliance With The Basic Principles Specified

To Issue An Order To Perform Or Cease Performance Of An ActTo Issue An Order To Restore A Benefit Or Advantage That Has Been Denied To A Person

To Issue An Order Providing For Compensation To The VictimThe Current Problem Of Human Trafficking In The Maldives: The

Possible Solutions

NO HUMAN BEING IS ILLEGAL:NO HUMAN BEING IS ILLEGAL:THE CATEGORIZATION OF MIGRANTS

Migration through proper channel to abandonment of the migrant worker

Migration shifting from proper channel to improper channel

Classification

Law Abided Migration

Fraudulent Entry


Action

Human Trafficking in Maldives

Recruitment

Transportation

Transfer

Harbouring

Receipt of

Persons

Means Purpose

The Threat

Use of Force

Other Forms of Coercion

Abduction

Fraud

Deception

Abuse of Power

Position of Vulnerability

Means

Giving / Receiving

Payments / Benefits

To Achieve Consent of A

Person

Control Over Another Person


Sexual Exploitation

Forced Labour Forced ServiceSlavery

Practices Similar To Slavery

Servitude

Removal of Organs

People Migrant Hope of Better Working Conditions

Action

Hope For Better Life

Family’s Expectation Influence On Migration

Maldives Relatively Easier To Smuggle People

Price Range Relatively Lower

Migrants Recruited With Better Offer

Smuggled Into Maldives


Individuals apply for advertised job

Means

Recruited By Fraud

Paying-up Arrangement Fees

Smuggle-in To Work In Entirely Different Area

Confiscation of Passport To Have Control Over The Person


The Fraud Begins At Recruitment And Forced To Work Under The Influence Of Coercion / Threat

Purpose

Smuggled Migrant - No Other Acceptable Options

Forced To Work For Long Hours Without Any Leisure

Forced To Work Migrants are not content with

Female Migrant Workers Forced To Exploited By Sexually


FREEZE HUMAN TRAFFICKING:FREEZE HUMAN TRAFFICKING:ACTION TO PREVENT

TRAFFICKING IN PERSON

Conclusion

Maldives In High Development Stages, Attracts Migrant Workers

Human Traffickers Find Maldives Relatively Easier to Smuggle

Paying-up Huge Amount As Arrangement Fees

End-up Doing Entirely Different Areas Not Free To Terminate Terms of Employment

Passport Confiscated By The Employer Migrant Workers Tied-up To Employer


Conclusion

Subjected To More Than One Kind Of Exploitation

Forced To Work Without Pay

Physical Abuse

Forced To Work Long Hours Without Rest and Overtime Payment

Detention With Work

Force To Work For Sexual Exploitation


Structural Exploitation Characterizes The Situation Of Migrant Workers In The Maldives

Exploitative Working Conditions Alone Do Not Amount To Trafficking

Conclusion

Action And Means Already Takes Place Most Of The Time Before Migrants Enter In To Maldives

No Clear Distinction Between Human Trafficking And Human Smuggling


Conclusion

Local Enforcement Authorities Do Not Encourage Victims To Participate In The Investigation Or Prosecution Of Trafficking Offenders

No Victim Identification Procedures Implemented

Trafficked Victim Are Identified As Illegal Migrants

Deport Them As Unfortunate Victims Of Exploitation

Legalization Victimized Migrant’s Status Went In Vain


Develop And Implement Systematic

Procedures Develop And Implement Screening

Procedure Provide Necessary Assistance To

Victims

Recommendations

Adoption of United Nations Convention against Transnational Organized Crimes and its Protocols

Draft And Enact Anti-trafficking Law


Increase Efforts To Investigate And Prosecute

Increase Public Awareness

Ratification / Accession To International Labour Conventions

Take Steps Not To Abuse Labour

Recruitment

Recommendations


Thank You

The Current Problem of Human Trafficking in the Maldives - The Possible Solutions

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