7. ANÁLISIS DE LA INTERVENCIÓN
7.3 Análisis institucional
7.2.4 En búsqueda de un derrotero institucional
To curb the menace of trafficking in the Asia and Pacific region more studies need to be conducted to determine the exact causes. Drastic steps are required to tackle crime in this region. Several flaws were identified in the overall anti-trafficking policies of the UAE
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government. These flaws can be rectified by certain recommendations which are important for the government and anti-trafficking organisations of the UAE.Based on the conclusions above, the following recommendations are proposed:
9.3.1 Training of Staff
The government of the UAE has taken some very crucial steps for the elimination of trafficking from the country, but increasing numbers of reported cases shows that much more still needs to be done. The government has to adopt a proactive role towards the complete eradication of human trafficking. It can be made possible by increasing the implementation of anti-trafficking policies. First and foremost, the government officials involved in anti-trafficking measures should be trained properly on a regular basis. These government officials should be placed at important entry points into the country like airports and sea-ports. A round-the-clock vigil on all people entering the UAE must be maintained. The anti-trafficking officials should be competent enough to detect victims of human trafficking, as and when they enter the country. Early detection of victims even before they are exploited is necessary to demoralise traffickers.
Programmes and workshops for police officers and anti-trafficking officials should continue on a regular basis. The officers involved in anti-trafficking efforts should be taught techniques to identify victims. They should be trained in techniques of counselling the victims. The prosecutors should be well-equipped to investigate and prosecute trafficking in person cases. Communication channels with the public, other governments, and international agencies should be kept open to discuss the success in anti-trafficking operations and also to monitor these efforts.
9.3.2 Coordination among Anti-Trafficking Organisations in the Country
There is a need to start a continuous cycle of engagement of various government agencies. Lack of coordination among the anti-trafficking organisations in the country is hampering their operations. Under the continuous engagement cycle, firstly, a risk assessment on human trafficking should be conducted. Inputs should be taken from all agencies. Secondly, a clear policy that explicitly prohibits trafficking must be developed. The policy should identify priorities for action against human trafficking. Thirdly,
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training should be provided to managers, human resource personnel and other relevant employees on human trafficking. Joint training and awareness exercises would remove internal inertias of different organisations. To determine the success of anti-trafficking operations there should be monitoring of labour contracts, recruitment agencies and third- party audits. Lastly, corrective measures should be taken in a timely manner as and when loopholes are detected through monitoring activities. There is a need to build bridges between the government, law enforcement agencies and civil society to promote action against human trafficking.
It is strongly recommended that the UAE streamlines the law enforcement processes through multiple agency coordination. The lack of coordination among the enforcement agencies of various emirates is having a negative effect on anti-trafficking operations. It is necessary to determine whether comprehensive services are provided in all the geographical locations of the country. Although most of the cases of human trafficking were reported from Dubai and Abu Dhabi there is a reasonable chance that there might be many unreported cases in other emirates. The government should assess whether the eligibility standards are appropriate in the light of the demand for them by trafficking victims.
9.3.3 Third Party Monitoring
The UAE has a long way to go before it would be in a position to put a blanket ban on trafficking activities in the country. Help from a third party monitoring group can be taken to determine the actual success rate. Government agencies are often accused of under-reporting cases and doing cover-up operations to protect the image of the government. The actual success of anti-trafficking operations in the UAE depends on strong political will and a government that takes criticism in right sense.
9.3.4 Increasing Awareness about Human Trafficking
Emphasis should be placed on increasing the awareness about human trafficking activities. People should be told that there are provisions in law to protect and rehabilitate the victims of human trafficking. These awareness campaigns should not be restricted to mere pamphlets and information boards installed at various places. The government initiatives in this direction need much more. Firstly, advertisement boards are required in
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different languages. Victims of human trafficking, especially women, are largely from rural and semi-literate backgrounds. They neither understand Arabic nor English. It would be much better if broad guidelines for victims are displayed in some of the common languages of South East Asian countries. Boards in Urdu, Bangla, Hindi, Chinese, Sinhalese and some other languages would be more helpful to victims. These boards should be installed at prominent entry points into the country.
Apart from display advertisements, government agencies like the National Committee for Combating Human Trafficking can initiate measures like street plays, short documentaries and other similar awareness programmes, focusing on the rights of victims of human trafficking. These programmes should be directed at instilling confidence in victims to report their victimization promptly. A major driving force behind human trafficking is the fear psychosis created by traffickers, due to which victims lose all hopes of independent living. The choice of place for showing these documentaries, short films and street plays is important. Short films of 2-5 minutes duration should be displayed in each aircraft landing or taking off from any airport in the UAE. Street plays can be organised in areas where the probability of prostitution rackets is greater, and in the residential areas of labourers.
9.3.5 Greater International Cooperation and Engagement
Human trafficking is an international issue now. It cannot be solved by the efforts of a single country or region. To tackle human trafficking seriously, the entire international community has to join a single platform to formulate rules and regulations that have to be implemented by local governments and monitored by international organisations. Nation states must rise above national interests and their self-centred nature to overcome human trafficking. Anti-trafficking measures, when adopted in a holistic manner, would surely serve a massive blow on trafficking activities.
The enormous profits that are generated from human trafficking activities are a serious challenge for anti-trafficking efforts. Human trafficking is not a single phenomenon. It cannot be tackled by just looking at it from the perspective of trafficking only. Issues like corruption, poverty and malnutrition must also be solved on a global scale to effectively curb human trafficking. The forces that push and pull workers to migrate must be
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analysed in terms of their impact on the vulnerability of people to trafficking activities. Various preventive strategies should be adopted that should not be limited to addressing economic issues, but should also include measures to identify potential victims.
The government of the UAE should leave no stone unturned to break the backbone of this flourishing trade. This is only possible by arresting those involved in its activities. Although it is difficult to reach the real masterminds behind each trafficking ring, as they are mostly located in foreign countries, the help of the international community can be taken in this regard. Issuing red-corner notices and sending teams to arrest such persons will surely result in the dismantling of international trafficking rings.
9.3.6 Knowledge Transfer and Information Sharing between Nations
The stock of various laws, regulations and recommendations related to human trafficking shows that the international community has woken up to face the challenge posed by human trafficking. Now it is required that pressure should be increased on countries which have not ratified these conventions. Trafficking is an international issue; it cannot be tackled with the efforts of a few countries. Greater coordination and informational sharing is required to eradicate trafficking from the surface of the earth. There is a dire need to encourage regional anti-trafficking accords with strong protection measures for the victims. The next target should be to integrate anti-trafficking conventions with the international labour and migration policies.
There are certain grey areas in some of these conventions which have to be dealt with. International conventions should have a broader area of acceptance. They should have features that cater to a wider audience. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is almost silent on sexual rights issues that are not associated with sexual violence and health. Some of the clauses in these conventions are confusing. The UN’s Palermo protocol raises some common questions like what is the range of ‘abuse of authority’ that will vitiate consent. There are also other issues that are acceptable in international law but are not acceptable in the regional context. Decriminalisation of consensual sexual behaviour is acceptable in the Western
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world but is still a taboo in many Asian countries. These differences call for serious thinking while proposing international anti-trafficking conventions.
Finally, it is the duty of the international community to bring in conventions that are more focused on protection and support of victims. It should be ensured through these conventions that the victims of trafficking are not subjected to criminal proceedings as a result of them having been trafficked. The governments should incorporate in their legal framework that victims of trafficking, particularly women and girls, are not prosecuted for their illegal entry into the country. The shortcomings in the trafficking protocols have to be removed. Issues like compensation, witness protection and other similar issues that have not been a part of a protocol should be incorporated into revised versions.