Tricked and Trapped: Human Trafficking in the Middle East, â€Žpdf 4.1 MB

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CHAPTER 4: REGIONAL RESPONSES TO HUMAN TRAFFICKING 4.1. STRENGTHENING THE LEGAL FRAMEWORK In response to the crime of human trafficking, governments have sought to strengthen legal frameworks to facilitate the prosecution of perpetrators. All countries of the Middle East have ratified the Palermo Protocol and the ILO Conventions on forced labour (see Annex). 1 In accordance with these international conventions, which require each State party to adopt legislative measures to establish trafficking in persons as a criminal offence, governments in the region have sought to enact national legislation to that effect. All the governments in the region have adopted national legislation to combat trafficking with the exception of Kuwait, the Occupied Palestinian Territory and Yemen, which have drafted legislation. The penalties prescribed for violations vary, but all provide for terms of imprisonment and, in some cases, fines. In 2004 the Arab League adopted the Arab Charter on Human Rights, which prohibits all forms of forced labour and human trafficking. 2 It also devised a Strategy to Combat Human Trafficking, developed a model law on combating human trafficking, and established a special unit that will receive reports from individual Arab countries on the status of human trafficking. This chapter will give details of penal and labour legislation related to trafficking in Jordan, Kuwait, Lebanon and the UAE, and of prosecution efforts to date. 1 ILO Convention on Forced Labour, 1930 (No. 29); ILO Convention on the Abolition of Forced Labour, 1957 (No. 105). 2 League of Arab States, Arab Charter on Human Rights, 15 Sep. 2004, arts 9 and 10. 123
4.1.1. Adoption of national laws on human trafficking The Government of the UAE ratified the Palermo Protocol in January 2009, having already adopted Federal Law No. 51 on Combating Human Trafficking Crimes, which came into effect in November 2006. The passing of this law was particularly noteworthy as it was the first specialized anti-trafficking law in the Middle East. The law covers different types of human trafficking and imposes a life sentence if the crime was committed using deceit, force, threat of murder, bodily harm, or physical or psychological torture. It prescribes penalties against traffickers ranging from one year to life imprisonment and fines of between 100,000 and 1 million AED (US$27,500–275,000). 3 This law represents a significant step towards the elimination of human trafficking. However, it lacks provisions on the protection of victims. Recognizing these limitations in the law, the National Committee to Combat Human Trafficking appointed a subcommittee in 2010 to study the possibilities of amending Law No. 51 to reinforce the protection of victims and bring the legislation into line with international standards. Its recommendations have been forwarded to the Government for consideration. 4 In Jordan, institutional reform to counter trafficking more effectively began in 2007, with the establishment of an interministerial committee for the coordination of labour issues. 5 One of the major accomplishments of the committee was to speed up the process of adopting national legislation to combat trafficking. Jordan ratified the Palermo Protocol in June 2009 and adopted its Anti-Human Trafficking Law No. 9 in March 2009. The law prohibits all forms of trafficking and prescribes penalties of up to ten years’ imprisonment and fines up to US$28,000 for sex trafficking, and a minimum of six months’ imprisonment and a maximum fine of US$7,000 for labour trafficking. According to one scholar, the Jordanian law is quite progressive in terms of victim protection as it includes the principle of non-punishment of victims of trafficking in its explicit stipulation that no victim of trafficking will be prosecuted even if he or she has committed an act that is considered a crime under the law. 6 3 UAE, National Committee to Combat Human Trafficking: Combating human trafficking in the UAE: Annual Report 2010–2011 (Abu Dhabi, 2011), p. 8. 4 Ibid., p. 9. 5 Jordan, Ministry of Labour: Labour administration and compliance in Jordan: A multi stakeholder collaboration. First progress report, Oct. 2009, p. 22. 6 M. Mattar: The international legal norms applicable to human rights, speech delivered to a conference organized by Foundation for the Future, Amman, Jordan, 29 Sep. 2010. 124
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In collaboration with TRICKED AND T
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Copyright © International Labour O
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officials, worker and employer repr
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3.3.2. Recruitment 101 3.3.3. Work
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MoJ MoL MWPS MoSAL NCCHT NCT NGO NH
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LIST OF TABLES Table 2.1. Dimension
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The realization of this research pr
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In an effort to fill gaps in unders
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There have also been cases of anima
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CHAPTER 1: FRAMING THE ISSUE 1.1. D
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People trafficked for any of the ex
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1.2. GLOBAL DEBATES ON HUMAN TRAFFI
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processes by which migrant workers
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Concerted efforts have been made to
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documented abuses against domestic
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CHAPTER 2: METHODOLOGY 2.1. RESEARC
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Table 2.1. Dimensions of forced lab
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Table 2.4. Indicators of impossibil
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2.2. OVERVIEW OF DATA COLLECTED In
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Having said that, the Middle East i
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individuals who voluntarily agree t
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3.1.2. Recruitment of domestic work
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domestic worker explained, “many
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An official from the NGO KAFA went
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Another Filipina explained the supp
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In Jordan, an official from Tamkeen
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workers supported by the NGO report
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on the balcony. When it got cold, I
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3.1.4. Impossibility of leaving Wor
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Legally, the domestic worker has li
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embassy three times to make an emer
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given that it is not easy for a mig
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Analysis of the information provide
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country, or whose relatives are dec
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3.2.2. Recruitment Recruitment of d
Page 73 and 74: to provide sexual services. Most of
Page 75 and 76: The research team was unable to int
Page 77 and 78: Box 3.9. A press report of traffick
Page 79 and 80: explained that in 2010 there were b
Page 81 and 82: There are conflicting views over th
Page 83 and 84: one nightclub owner in Amman. 144 T
Page 85 and 86: 2011, three minors and three adult
Page 87 and 88: Many reports confirm the interlinka
Page 89 and 90: Some claim that the situation of ar
Page 91 and 92: finish working, especially Tunisian
Page 93 and 94: Investigations carried out by the I
Page 95 and 96: Detention of women accused of prost
Page 97 and 98: Lack of any economic and social alt
Page 99 and 100: 3.3. OTHER ECONOMIC ACTIVITIES 3.3.
Page 101 and 102: Table 3.3. Overview of four process
Page 103 and 104: Indeed, many of those interviewed w
Page 105 and 106: workers, often requiring them to ta
Page 107 and 108: not suitable for the position so th
Page 109 and 110: The case of seafarers Stories emerg
Page 111 and 112: personnel from the ports to offshor
Page 113 and 114: of destination often happen through
Page 115 and 116: and we will find him a new job”.
Page 117 and 118: Degrading living and working condit
Page 119 and 120: Ministerial Decree 1186 (2010) was
Page 121 and 122: Retention of personal documents Lac
Page 126 and 127: In Lebanon, the Government ratified
Page 128 and 129: trafficking efforts in the seven em
Page 130 and 131: stipulating that employers must giv
Page 132 and 133: In Kuwait, in the absence of a spec
Page 134 and 135: 4.1.5. Prosecution of human traffic
Page 136 and 137: Box 4.1. Ending the use of child ca
Page 138 and 139: 4.2. STRENGTHENING THE INSTITUTIONA
Page 140 and 141: order management officers at the ai
Page 142 and 143: government action has, however, bee
Page 144 and 145: Box 4.3. Ending forced labour in th
Page 146 and 147: among migrant workers and no protoc
Page 148 and 149: to the needs of their citizens. The
Page 150 and 151: Dialogue in 2008 to promote a colla
Page 152 and 153: CHAPTER 5: A WAY FORWARD Comprehens
Page 154 and 155: to legally terminate a contract aft
Page 156 and 157: 5.3.2. Taking measures to reduce vu
Page 158 and 159: attention also needs to be given to
Page 160 and 161: with new skills, which will make it
Page 162 and 163: ANNEX: LIST OF STATES PARTIES TO KE
Page 164 and 165: BIBLIOGRAPHY National legislation B
Page 166 and 167: Lebanon Labour Code, 1946. Law on E
Page 168 and 169: International Convention on the Pro
Page 170 and 171: The Economist. 2010. “Little bett
Page 172 and 173: —. 2006. Multilateral Framework o
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—. 2011b. Qatar’s ambitions for
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—. 2010. The international legal
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Transient Workers Count Two. 2012.
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This regional study sheds light on
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