United Nations Special Rapporteur on Trafficking in persons, especially women & children, Siobhan Mullally

Introduction

Coming to the end of my country visit to Tajikistan, I want to thank all those who have taken the time to meet with me and to discuss the measures necessary to combat trafficking. During my visit, I have met with Government Ministries, victims / survivors of trafficking, NGOs, lawyers, trade unions, law enforcement bodies, refugee groups and international organisations.

Trafficking in human beings is a serious violation of human rights. Although significant action has been taken in Tajikistan to enact laws, introduce action plans and to promote awareness of trafficking, urgent action is needed to provide protection to victims of trafficking. I have heard disturbing and horrifying accounts of the abuses endured by migrant workers, including accounts of rape of migrant women workers, beatings and torture. The continuing impunity for trafficking for all forms of exploitation, must be addressed.

Prevention of Trafficking

The measures taken to promote safe migration are an important step to prevent trafficking for forced labour, including the adoption of bilateral agreements, awareness raising and education initiatives. It is critical, however, that the gender inequality that leads to abuses of women migrant workers is recognised and that safe migration routes and opportunities for women migrant workers are promoted, including for migrant domestic workers at serious risk of exploitation.
Continued efforts to protect the rights of migrant workers and their families will be important to preventing trafficking for forced labour and other human rights abuses. The provision of pre-departure orientation to migrant workers, and conclusion of bilateral agreements with destination countries are important measures to promote safe migration and expand opportunities for all workers, and their families. It is essential to ensure that the specific risks faced by migrant women workers are included in such orientation programmes. New programmes developed with the support of the Start-Up Fund for Safe, Orderly and Regular Migration (or Migration MPTF) for the families of migrant workers, and in particular female-headed households remaining in Tajikistan, are important measures to prevent further risks of trafficking.

The monitoring and licensing of recruitment agencies and all recruitment intermediaries must be reviewed, and effective, proportionate and dissuasive sanctions imposed on all recruitment agencies involved in trafficking in persons. Despite serious concerns relating to recruitment agencies and abuses of migrant workers, including involvement in trafficking for forced labour and sexual exploitation, impunity persists and further action is needed.  Measures should be adopted to ensure that ethical recruitment practices are adopted, and due diligence undertaken in relation to employment offers in countries of destination.

The commitment to diversifying and expanding migration opportunities is to be commended and is welcomed. The provision of support and assistance by consular officials and Embassies is critically important for migrant workers and their families. It will be important to strengthen the capacity of embassies and consulates to protect the rights of Tajik migrant workers and members of their families abroad, including through the conclusion of bilateral agreements for consular assistance and international cooperation, and by providing systematic training to consular officials on the rights of trafficked persons to assistance, protection and repatriation, and the risks of trafficking faced by migrant workers.

The risks of internal trafficking for forced labour should be addressed, with attention given to at risk sectors such as construction, mining and agriculture. Further measures are needed to strengthen labour inspections, to ensure their independence, and to support the rights of workers.

Significant awareness raising activities are undertaken with young people, under the auspices of the Youth and Sports Committee, including targeted outreach in rural areas. Challenges remain, given the high levels of youth unemployment, and the young population of Tajikistan.

Comprehensive training has been provided to border guards. I met with border guards and visited the Tajikistan-Afghanistan border crossing at the Panj river. Continued training on human rights based approaches to trafficking in persons and on human rights at borders is essential, including on the right to seek and enjoy asylum and on identification of victims of trafficking for all forms of exploitation. Attention to risks and indicators of child trafficking is also critical.

Gender dimensions of trafficking, stigma and discrimination

The limited attention given to internal trafficking in Tajikistan, and limited awareness of internal trafficking, is a serious concern. Trafficking for sexual exploitation within the country remains largely invisible, and discriminatory attitudes towards women and girls, stigmatisation of victims and discriminatory gender stereotypes particularly affecting victims of sexual exploitation, allow trafficking to continue with impunity. Such discrimination in practice also limits access to protection for victims allowing the cycle of trafficking and re-trafficking to continue.
There is limited awareness of trafficking for sexual exploitation within Tajikistan. More efforts are needed to ensure that gender equality measures, actions to combat sexual and gender based violence, and domestic violence, also address risks of trafficking for women and girls. 

The majority of rural women are employed in the informal sector, and may face risks of exploitation including trafficking for forced labour and sexual exploitation, due to poverty, discrimination, limited access to education and employment, and significant gaps in social protection. Widows of male migrants, divorced women and the families of migrant workers remaining in Tajikistan, are also particularly at risk. Strengthened gender equality and empowerment measures are critical to prevention of trafficking.

Refugee Protection, Non-Refoulement and Statelessness

The protection provided in the past to Afghan refugees is commended. The situation now, however, requires urgent action to ensure that refugees and asylum seekers are not at risk of exploitation. Registration of asylum seekers and refugees should be restarted as a matter of urgency. The current situation is highly precarious for refugees, creating risks of exploitation including trafficking.
The right to seek and to enjoy asylum must be fully protected. The UNHCR non-return advisory to Afghanistan must be respected. Protection against refoulement must be ensured recognising the gendered risks of persecution in Afghanistan, including trafficking in persons.

The reduction of statelessness is important to prevent trafficking of stateless persons, and measures adopted to date are to be commended. Continued efforts are needed to reduce statelessness, and  to continue to ensure birth registration of all children.

Trafficking of persons to conflict zones and repatriation from conflict zones

The Government’s commitment to repatriation of women and children from conflict zones in Iraq and Syria is to be commended. There are serious risks of trafficking in the conflict zones in Iraq and Syria, for women and children in particular. Many women and children who travelled to conflict zones may have been trafficked. It is important to ensure that their rights as victims of trafficking are protected. For the children already repatriated from Iraq, in the care of the State, it is important to ensure that their best interests and rights are protected. The provision of psychological assistance, educational supports and medical assistance is to be commended. Recognising the negative effects of institutionalisation on children, reunification of repatriated children with their families must be ensured following a best interests determination. Continued efforts to prevent trafficking to conflict zones is critical, recognising the State’s obligations under the CRC and the Optional Protocol on the involvement of children in armed conflict.

Trafficking of children, including in the context of recruitment by armed or terrorist groups for purposes of forced criminality, forced labour or sexual exploitation, is a serious concern. Responses by the State to risks of child trafficking must ensure the human rights of child victims, and comply with international human rights law.

The rights of LGBTQ persons

LGBTQ persons face discrimination in society and increased difficulties in reporting trafficking in particular for sexual exploitation. Assistance and protection is limited, and there is little awareness of specific risks that may be faced by LGBTQ persons and of protection needs. Discrimination and violence hinder access to justice for LGBTQ victims of trafficking.  Urgent measures are needed to address the intersectional and multiple forms of discrimination faced by LGBTQ persons at risk of trafficking.

Assistance and Protection of victims / survivors of trafficking

Identification of victims of trafficking is a positive obligation on the State, as required under the Palermo Protocol and international human rights law. The State should take steps to identify, assist and ensure protection to victims whenever there are reasonable indications of trafficking. Stereotyped perceptions of female victims persist, and I was disturbed by the apparent unwillingness to believe women who report their experiences of trafficking, in particular for sexual exploitation.

The State must ensure that assistance is provided to victims as early as possible, and without discrimination. While measures to assist victims have been established, these are largely dependent on ad-hoc project supports. Sustained, increased funding must be provided to NGOs, working in partnership, to ensure assistance is provided to victims unconditionally, and for longer periods to enable full recovery and to break the cycle of trafficking and re-trafficking. For victims exploited abroad, assistance towards recovery on return is often only ensured through civil society support for limited periods of time.

The expansion of long term social protection, employment opportunities, education and vocational training, as well as psychological and medical assistance, reproductive and sexual health services, must be ensured to all victims. I have heard accounts of families, already with limited resources, trying to raise funds to pay for return flights and urgent medical assistance for victims of trafficking. The limited provision of shelter accommodation is a serious concern, as is the absence of specialised, safe accommodation for victims outside of Dushanbe.

Legal aid

Legal aid is essential to victims, and it is clear that an expansion of legal aid for victims is urgently needed, to ensure access to justice. Early provision of legal assistance  is important to ensure that the rights of victims are vindicated, and that identification and effective protection is ensured. The right of victims to legal assistance,  must be guaranteed throughout any legal proceedings, including for victims living in rural areas.

 I was impressed by the excellent work being undertaken by lawyers in providing support to victims. However, the risks of reprisals by traffickers are significant and further support is needed to safeguard the independence of lawyers and the judiciary.

Partnerships with NGOs and the role of civil society

An enabling environment for civil society and human rights defenders is essential to effective anti-trafficking action, as recognised by the Palermo Protocol and international human rights law. Further support is needed to strengthen the role of civil society and human rights defenders working to combat trafficking in persons, including through the provision of sufficient funding and resources.

Access to Remedies: Compensation

Measures must be taken to ensure effective access to compensation for the human rights violations endured by victims of trafficking, including for wage theft and the full range of harms suffered by victims. Legal assistance must be provided to victims in securing compensation. The establishment and implementation of a state compensation fund is essential. For victims exploited in countries of destination, compensation is rarely secured.

Effective investigations into trafficking in persons

The establishment of a specialised unit for investigations, training and professional development on trafficking in persons under the auspices of the Ministry of Interior is welcomed. Significant training has been delivered on investigation of trafficking, and provision of assistance to victims.

For victims of trafficking returning to Tajikistan, further measures are urgently required to ensure that investigations are trauma-informed, gender sensitive and promote gender equality. Continuing efforts must be made to address gender bias and discriminatory attitudes in investigations, and in the administration of justice to ensure effective access to justice for all victims of trafficking. This is also essential to strengthening the effectiveness of investigations and combatting impunity for the crime of trafficking. It is important that investigations do not lead to increased burdens on victims, and that investigative techniques gather a range of evidence to support prosecutions, recognising the trauma endured by victims and risks of re-traumatisation.

The continued strengthening of international cooperation to ensure effective investigations into crimes of trafficking is critical given that transnational nature of some crimes of trafficking.  Increased participation of women in policing and investigation, at all levels, is essential.

Digital Technologies

The use of digital technologies by traffickers to recruit victims, including children, has increased during the COVID-19 pandemic. Continued strengthening of investigative capacity to address the use of technologies by traffickers is essential, ensuring compliance with international human rights law. Programmes to promote internet safety, in particular for children, are commended and should be further expanded.

Independence of the Judiciary

Training of the judiciary on trafficking in persons has been completed, and regular analysis of case-law and practice  is reviewed, with recommendations issued to all levels of the judiciary. Ongoing judicial training on international laws relating to trafficking in persons is completed. Questions regarding the independence of the judiciary have been raised, including in relation to delays in the progression of cases on trafficking in persons.

Rights of Persons with Disabilities

The roadmap to ratification of the UN Convention on the Rights of Persons with Disabilities is welcomed. Persons with disabilities, including, in particular, children with disabilities may be at particular risk of trafficking, for exploitation in begging, forced labour or sexual exploitation. Situations of dependency may lead to abuses of positions of vulnerability.

Stigma and discrimination against children with disabilities remains a serious concern, increasing risks of trafficking.  Difficulties in reporting of trafficking or risks of trafficking may also arise. Trafficking prevention measures must include the provision of information in accessible formats to persons with disabilities.

Ratification and implementation of the Convention on the Rights of Persons with Disabilities is important to ensure that the rights of trafficked persons with disabilities are protected, and that effective access to justice is ensured including through provision of reasonable accommodations in all legal proceedings.

Child Trafficking

Significant efforts have been made to combat child labour, which may include risks of trafficking of children. Engagement of children in the worst forms of child labour, may be linked to trafficking of children and should be recognised as such. Recognising the persistence of discrimination against the girl child, and harmful gender stereotypes, continuing efforts are needed to combat early child and forced marriage, which may be linked to trafficking.

Children separated from their families, because of international and domestic migration, may be particularly at risk of exploitation, and further targeted measures of prevention are necessary.  Children in street situations are vulnerable to exploitation, including trafficking for exploitation in begging and sexual exploitation.  The impact of the COVID-19 pandemic has increased risks of online sexual exploitation, and enhanced measures are necessary to safeguard against such risks. The rights of the child in the digital environment must be protected. Child poverty, and harmful gender stereotypes also contribute to risks of trafficking and must be addressed in future action plans.

Data and Research

Efforts have been made to improve the provision of disaggregated data by the Ministry of Internal Affairs. Further research, and support for engagement with a wider network of researchers, to analyse internal trafficking, child trafficking, the gender dimensions of trafficking for sexual exploitation and impact of harmful gender stereotypes, is critical.

Participation of survivors and survivor leadership in anti-trafficking programmes

Measures should be taken in the new National Action Plan to ensure that survivors of trafficking participate fully in the design and implementation of actions to combat trafficking in persons. Resources and funding should be provided to support survivor led civil society programmes and organisations.

I look forward to continued cooperation to combat the serious human rights violation of trafficking in persons.