Bonded progress: Pakistan at tier 2 in US human trafficking report

Minorities and women constituted for significant portion of victims in trafficking, smuggling cases

Punjab government has taken significant steps to curb bonded labour in the province with increased investigation, prosecution and convictions in such cases.

Albeit inadequate, the efforts by the government, particularly the implementation of the national strategic framework (2015-2020) for trafficking in persons and migrant smuggling have upgraded Pakistan's ranking in tier 2 of the United States (US) State Department's Human Trafficking Report for 2018. Punjab is the only province to report prosecutions in bonded labour cases, reporting 95% of investigations and prosecutions and 93% of convictions of total reported from the country.



Whereas compared to the increase in sex trafficking across provinces, the graph for convicts remained quite low. However, no sentences were reported for any of the convictions. The province also has a center providing shelter; of medical and psychological support for female victims of violence; and facilities for law enforcement, judicial officials, and a courtroom.

In other provinces, victim assistance and rehabilitation remained a domain of private sector initiatives and Non Governmental Organisations (NGOs). However, Punjab and Khyber Pakhtunkhwa (K-P) provided free legal assistance to requests from bonded labour. Pakistan was placed in the second tier in 2013, following which the country remained third tier for the subsequent period.

Failure to conduct investigations against high-rank officials, including the serious allegations of trafficking against a high-ranking Pakistani diplomat in Australia, along with lack of protection and assistance to the victims were some of the major loopholes of the process.

The report recommends and emphasises training staff to distinguish between varying forms of trafficking and migrant smuggling and taking indiscriminate action against complicit officials. They must also, while developing rehabilitation services for the victims, ensure a simple and easy procedure for obtaining identification documents.

Since Section 369-A of Pakistan's Penal Code seeks evidence for force, fraud or coercion for a child sex trafficking offense to be registered, it is inconsistent with international laws on trafficking. Country's law does not criminalise all forms of sex trafficking.

Prevention and Control of Human Trafficking Ordinance (PACHTO) and Bonded Labour System [Abolition] Act (BLSA) criminalise transnational sex and labour trafficking, migrant smuggling and fraudulent adoption, and bonded labour with stringent penalties respectively. Most provincial governments adopted their own labour laws under 2010's devolution process, although federal laws apply until corresponding provincial laws are enacted.



It has been learnt that when political parties or local feudal lords were engaging in bonded labour, the police too was complicit by refusing to take due action against the influential figures. Government under reported cases and victims identified in the period being reviewed when compared to previous years makes a case on its own of the efforts against said crimes.

Under PACHTO, the government reported investigations against 90 alleged traffickers, prosecuting 53, and convicting 29 in 2017, compared with investigations against 98 alleged traffickers, prosecuting 60, and convicting 25 in 2016.

Moreover, minorities and women constituted for a significant number of victims in trafficking and smuggling cases.