.

::Anti Trafficking Laws and Practice

in Pakistan
Laws dealing with illegal immigration, smuggling of migrants and trafficking in persons

Prevention and Control of Human Trafficking Ordinance (P&CHTO 2002)

Trafficked persons are victims, not criminals

Anti Trafficking Measures by FIA:

1.ATUs

2.Action against Traffickers/Smugglers

3.Prosecutions

Areas of concern

Questions

Anti Human Trafficking Laws:

FIA Immigration wing is responsible to main 21 exit/entry points all over the country (Airports
10, Seaports 04 and Land Route 07) in order to prevent illegal immigration, unlawful emigration
& human trafficking. There are 11 AHT Circles dealing with investigation and prosecution of
defences under different laws:

Prevention & Control of Human Trafficking Ordinance, 2002

Emigration Ordinance, 1979

Passport Act, 1974

Exit from Pakistan (Control) Ordinance, 1981

Foreigners Act, 1946

Relevant sections of PPC dealing with forgery in identity documents, cheating, impersonation,
etc.

Illegal Immigration:
Illegal entry of a foreigner into Pakistan constitutes an offence of illegal immigration punishable
under the Foreigners Act, 1946.

If the transportation for such illegal entry into Pakistan is arranged by another person for profit
with consent, it may be considered as smuggling but if found as a result of deception, coercion
or fraud for exploitation, may be termed as trafficking.

EMIGRATION ORDINANCE

HS heinous crime having national and transnational ramification.

EO, 1979 deals with HS from Pakistan

Regulate departure of citizens of Pakistan

Unlawful emigration 05 years [Sec 17]

Subsequent Offence 07 [Sec 17-2(ii)]

Advertisement for recruitment, without permission 05 years [Sec 17-4]

Fraudulently inducing to emigrate 14 years [Sec 18]

DEFINITION OF HUMAN TRAFFICKING

UN General Assembly:

The illicit and clandestine movement of persons across national borders with the end goal of
forcing women, girls and children into sexually oppressive and exploitative situations for profit
for recruiters, traffickers and crime syndicate, as well as other illegal activities related to
trafficking such as forced domestic labour, false marriages, clandestine employment and false
adoption.

UN Protocol against trafficking, 2000:

Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt
of person by means of 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 the giving or receiving of
payments of benefits to achieve the consent of a person having control over another person for
the purpose of exploitation:

UN Trafficking Protocol Article 3

The consent of a victim of trafficking shall be irrelevant where any of the means set forth above
have been used. Consent is irrelevant in case of children even if this does not involve any of the
means set forth above.
SAARC Convention:

All acts involved in the recruitment, transportation, forced movements and/or selling & buying
of women and children within and/or across borders by fraudulent means, deception, coercion,
direct and/or indirect threats, abuse of authority, for the purpose of placing a women and/or child
against her will or without her consent is exploitative and abusive situation such as forced
prostitution, marriage, bonded labour, begging, organ trade, etc.

Human Trafficking

By observing the constitutional provision against Trafficking in persons (Article 11) and
supplementing UN Convention against Transnational Organized Crime, Pakistan has taken very
positive steps in the field of legislation for prevention of Human Trafficking and protection of
Victim.

Prevention & Control of Human Trafficking Ordinance (PCHTO), 2002

A very comprehensive law, mostly covering all possible forms of human trafficking, specially
women and children with respect to Mode and Objectives.

Carries many new definitions like inhuman sports, organized criminal groups and victim of
crime, etc and creates new criminal offenses.

Definition of Trafficking

Means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a

person.

By use of coercion (including deception/fraud), kidnapping, abduction, or by giving or receiving

any payment or benefit for such persons subsequent transfer out of or into Pakistan.

For the purposes of attaining any benefit or exploitative entertainment (including inhuman
sports), slavery or forced labour or adoption in and out of Pakistan [Section 2 (ii)].

Punishments:

The human trafficking shall be punished as under:

Plans human trafficking into and out of Pakistan 05 years & fine, or

Execute the plan 07 years & fine

If kidnapping, abduction or attempt thereof is involved, 10 years with fine. [Section 3 (i)]

Whoever provides, obtains or employs a trafficked person by coercion, etc 07 years with fine.
If kidnapping, abduction or attempt thereof is involved 10 years with fine. [Section 3 (ii)]

Whoever involves in trafficking of child or a woman shall be liable for imprisonment which
may extend to 10 years with fine.

If kidnapping, abduction or attempt thereof is involved 14 years with fine. [Section 3 (iii)]

Whoever takes, confiscates, possesses, conceals, removes or destroys any documents relating to
human trafficking, or prevent/restrict or attempts to prevent/restrict, without lawful authority, a
persons liberty to move or travel imprisonment 07 years with fine. [Section 3 (iv)]

Offense of trafficking committed by Organized Criminal Group: Each member shall be liable
for imprisonment not less than 10 years and may extend to 14 years, if victim is trafficked for
exploitative entertainment. [Section 4]

For repetition of offenses, the term of imprisonment may extend to 14 years with fine. [Section
5]

Nature of Offenses:

All offenses are cognizable, non-bailable and non-compoundable. [Section B]

Investigation:

Investigation by the agency specially authorized by the Federal Government. [Section 9]

(Placed on the schedule of FIA act on 24-10-2002)

Cognizance of Offenses:

Magistrate 1st Class

The Court shall be empowered to pass any sentence provided under the Ordinance. [Section 10]

Special Rules of Evidence:

Implicit or explicit consent of the victim of crime is immaterial. [Section 20 (h)]

Payment of any remuneration in lieu of services or labour of the victim shall not be treated as
mitigating circumstances while awarding the punishment. [Second Provision of Section 3 (ii)]

The plea, if any, taken by biological parent of the child shall not prejudice the commission of
offense under clause (iii) of Section 3 of the Ordinance.

Effects of the Ordinance on other laws:

The provisions of this Ordinance are in addition to and not in derogation of any other law.

Victim Assistance, Protection and Rehabilitation:

Extension of stay in Pakistan for the period deemed necessary by the court.

Payment of compensation and expenses.

Arrangements for shelter, food and medical treatment by the government especially for child or
destitute woman. [Section 6]

Victim Assistance, Protection and Rehabilitation (Rules 2004):

The victim shall be produced before the court for recording his/her voluntary statement (u/s 164
Cr.PC) except when victim is not in position to get his/er statement recorded. [Rule 3 (1)]

Free legal aid. [Rule 6]

During trial, the statement of the victim shall be recorded at the earliest to save him/her from
further embarrassment. [Rule 7]

Safe repatriation.

If repatriation is not possible, the victim would be allowed to get work permit. [Rule 7]

Legal entitlement for NGOs to participate in all activities beneficial for the victim.

Internal Trafficking:

The following offenses of Pakistan Penal Code deal with internal trafficking, being dealt with by
the Provincial Police:

Trafficking by way of kidnapping or abduction. [Section 359-366]

[Section 366-A]

[Section 366-B]

Buying or disposing of any person as a slave. [Section 370]

Habitual dealing in slaves [Section 371]

Selling minor for purposes of prostitution, etc [Section 372]

Buying minor for purposes of prostitution, etc [Section 373]

Unlawful compulsory labour. [Section 374]

Difference between Trafficking and Smuggling:

Trafficking:

Continuous Process

No consent or consent immaterial

Internal/across the border (PACHTO only external)

Deception, coercion, exploitation

Smuggling:

Ends on reaching destination

Migrants consent

Always transnational

Not necessary

INTERNATIONAL COOPERATION

Adopted by Pakistan:

Convention for the Suppression of the traffic in Women of full Age

International Convention for the Suppression of White Slave Traffic

International Convention for the Suppression of the Traffic in Women and children

Signed by Pakistan:

UN Convention against Transnational Organized Crime (Palermo, Italy December 2000)

SAARC Convention on Preventing and Combating Trafficking in Women and Children for
Prostitution (Colombo, Sri-Lanka 2002)

SAARC Convention on Mutual Assistance in Criminal Matters (Colombo, Sri-Lanka 2nd

August 2008)

Supplementing Protocol (TOC):

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

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

MOU Letter of Intent:

Pakistan and Kingdom of Thailand 2005

Pakistan and UK 2006

Pakistan and Singapore 2007

FIA and Australian Federal Police Under process

INTERNATIONAL LIAISON

Bilateral Groups:

Pakistan Oman

Pakistan UK

Trilateral Groups:

Pakistan Iran Turkey

Pakistan Turkey Greece

Quadrilateral Groups:

Pakistan Greece Turkey Iran

INTERNATIONAL LETTERS ROGATORY

A request by one Judicial Authority to the Judicial Authority of another country for assistance in
matters sub judice before it or under investigation within its territorial jurisdiction

*BY THE SUPERIOR COURTS

Direction issued to a bank for delivery of record on the request of Metropolitan Police UK
PLJ 2000, Lahore 1884

EXAMINATION OF WITNESS COMMISSION

Section 503 (2-B) Cr.PC

There are eleven countries which have been declared as Reciprocating Territories within the
meaning of section 503(2B) Cr.PC. dealing with examination of witnesses through
Commissions.

LEGAL POSITION UNDER DOMESTIC LAWS

Service of Summons:

Section 29 CPC

There are 21 countries with which we have reciprocal agreements (13 pre-independence
adopted, 8 signed) for service of summons u/s 28 of the Civil Procedure Code

Execution of Degree/Judgments:

Section 44-A, CPC

With 10 countries we have reciprocal arrangements for execution of Decrees/Judgments

Maintenance, Order & Enforcement Act, 1921:

Under Section 3, we have adopted pre-independence Agreements with 21 countries whereas with
06 countries, the Government of Pakistan has signed the Agreements (total 27 countries)

Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters:

Haque Convention 1965 acceded by Pakistan on 13th October 1988. The Solicitor Ministry of
Law, Justice and Human Rights Division were notified as Central Authority for processing such
requests.

ENACTMENTS HAVING TRANSNATIONAL APPLICATION

Extradition Act 1972 Treaty with 29 Countries

Control of Narcotic Substances Act, 1997

NAB Ordinance 1999

Anti Money Laundering Ordinance 2007

Prevention of Electronic Crime Ordinance 2008

IPR Laws

AREAS OF CONCERN
No separate law to deal with smuggling of migrants

Inadequate punishment EO, 1979

Amendment in PACHTO

Issue of internal trafficking

Trafficking and smuggling not extraditable offenses

Trafficking/smuggling to be predicate offenses of ML

Ratification of Protocols dealing with trafficking in persons and smuggling of migrants

::Human Trafficking. Laws in Pakistan

The legislation specifically relating to trafficking came about in 2002. While there are many gaps
in the law, including the most obvious one which does not include internal trafficking, trafficking
for purposes of prostitution is included in the PPC.

Provisions of Law:

Pakistan Penal Code

366-A. Procuration of minor girl:

Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go
from any place or to do any act with intent that such girl may be, or knowing that it is likely that
she will be, forced or seduced to illicit intercourse with another person shall be punishable with
imprisonment which may extend to ten years and shall also be liable to fine.

366-B. Importation of girl from foreign country:

Whoever imports into Pakistan from any country outside Pakistan any girl under the age of
twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced
or seduced to illicit intercourse with another person, shall be punishable with imprisonment
which may extend to ten years and shall also be liable to fine.

371-A. Selling person for purposes of prostitution, etc.:

Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person
shall at any time be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, or knowing it to be likely that such person
shall at any time be employed or used for any such, purpose, shall be punished with
imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanations:

When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who
keeps or manages a brothel, the person so disposing of such female shall, until the contrary is
proved, be presumed to have disposed of her with the intent that she shall be used for the
purpose of prostitution.
For the purposes of this section and section 371-B, illicit intercourse means sexual intercourse
between persons not united by marriage.

371-B. Buying person for purposes of prostitution, etc .:

Whoever buys, hires or otherwise obtains possession of any person with intent that such person
shall at any time be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, or knowing it to be likely that such person
will at any time be employed or used for any such purpose, shall be punished with imprisonment
which may extend to twenty-five years, and shall also be liable to fine.

Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for the purpose of
prostitution.

Prevention and Control of Human Trafficking Ordinance, 2002

2. Definition:

In this Ordinance, unless there is anything repugnant in the subject or context:

(b) child means any person who has not attained the age of eighteen years

(d) coercion means the use of force, violence, physical restraint, deception, fraud or acts or
circumstances not necessarily including physical force but calculated to have the same effect,
such as the credible threat of force or of infliction of serious harm

(f) exploitative entertainment means all activities in connection with human sports or sexual
practices or sex and related abusive practices

(h) human trafficking means obtaining, securing, selling, purchasing, recruiting, detaining,
harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of
coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or
receiving a share for such persons subsequent transportation out of or into Pakistan by any
means whatsoever for any of the purposes mentioned in section 3.

3. Punishment for human trafficking:

The human trafficking shall be punishable as under:

 Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan
for the purpose of attaining any benefit, or for the purpose of exploitative entertainment,
slavery or forced labour or adoption in or out of Pakistan shall be punishable with imprisonment
which may extend to seven years and shall also be liable to fine:Provided that in case of an
accused who, in addition to committing an offence as aforesaid has also been guilty of
kidnapping or abducting or any attempt thereto in connection with such offence, the
imprisonment may extend to ten years with fine:Provided further that whoever plans to
commit an offence under this clause but has not as yet executed the same shall be punishable
with a term of imprisonment, which may extend to five years and shall also be liable to fine.
Whoever knowingly provides, obtains or employs the labour or services of a person by coercion,
scheme, plan or method intended to make such person believe that in the event of non-
performance of such labour or service, he or any other person may suffer from serious harm or
physical restraint or legal proceedings, shall be punishable with imprisonment which may
extend to seven years and shall also be liable to fine:Provided that if the commission of the
offences under this clause involves kidnapping or abduction or any attempt thereto, the term of
imprisonment may extend to ten years with fine:Provided further that payment of any
remuneration in lieu of services or labour of the victim shall not be treated as mitigating
circumstance while awarding the punishment.
Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or
a woman through coercion, kidnapping or abduction, or by giving or receiving any benefit for
trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of
exploitative entertainment by any person and has received or expects to receive some benefit in
lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also
be liable to fine, provided that if the commission of the offence sunder this clause involves
kidnapping or abduction or any attempt thereto of the victim, the term of imprisonment may
extend to fourteen years with fine:Provided further that plea, if any, taken by the biological
parents of the child shall not prejudice the commission of offence under this clause.
Whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document
related to human trafficking in furtherance of any offence committed under this Ordinance or to
prevent or restrict or attempt to prevent or restrict, without lawful authority, a persons liberty
to move or travel shall be punishable with imprisonment which may extend to seven years and
shall also be liable to fine.

Foreigners Act of 1946 and Foreigners Order of 1951

3. Powers to make orders:

The Federal Government may by orders make provision either generally or with respect to all
foreigners or with respect to any particular foreigner or any prescribed class or description of
foreigner, for prohibiting, regulating or restricting the entry of foreigners into Pakistan, or their
departure therefrom or their presence or continued stay therein.
In particular and without prejudice to be generality of the foregoing power, order made under
this section may provide that the foreigner:

(a) shall not enter Pakistan or shall enter Pakistan only at such times and by such route and at
such port or place and subject to the observance of such conditions on arrival as may be
prescribed;
(b) shall not depart from Pakistan or shall depart only at such times and by such route from such
port or place and subject to the observance of such conditions on departure as may be prescribed;

(c) shall not remain in Pakistan, or in any prescribed area therein;

(d) shall remove himself to, and remain in, such area in Pakistan as may be prescribed;

(e) shall comply with such conditions as may be prescribed or specified:

1. requiring him to reside in a particular place;

2. imposing any restrictions on his movements;
3. requiring him to furnish such proof of his identity and to report such particulars to such
authority in such manner and at such time and place as may be prescribed or specified
4. requiring him to allow his photograph and finger-impressions to be taken and to furnish
specimens of his handwriting and signature to such authority and at such time and place as may
be prescribed or specified;
5. requiring him to submit himself to such medical examination by such authority and at such time
and place as may be prescribed or specified;
6. prohibiting him from association with persons of a prescribed or specified description;
7. prohibiting him from engaging in activities of a prescribed or specified description;
8. prohibiting him from using or possessing prescribed or specified articles;
9. otherwise regulating his conduct in any such particular as may be prescribed or specified

(f) shall enter into a bond with or without sureties for the due observance of or as an alternative
to the enforcement of any or all prescribed or specified restrictions or conditions;

(g) shall be arrested and, in the interest of the security of Pakistan, detained or confined,
provided that a person shall not be detained for a period longer than two months without the
authority of a Board consisting of a Judge of the Supreme Court who shall be nominated by the
Chief Justice of the Court and another senior officer in the service of Pakistan, who shall be
nominated by the President.

An order made under sub-section (2) may make provision for such incidental and supplementary
matters as may in the opinion of the Federal Government be expedient or necessary for giving
effect to the provisions of this Act.
The Provisions of sub-section (2) of section 6 of the Security of Pakistan Act, 1952 (XXXV of
1952) and those of section 6-A of that Act, shall mutatis mutandis, apply in relation to a person
detained under this Act as they apply in relation to a person detained under that Act.

13. Attempts, etc. to contravene the provisions of this Act, etc.:

1. Any person who attempts to contravene, or abets or attempts to abet, or does any act
preparatory to, a contravention of the provision of this Act or any order made or direction given
thereunder, or fails to comply with any direction given in the pursuance of any such order, shall
be deemed to have contravened the provisions of this Act.
2. Any person who, knowing or having reasonable cause to believe that any other person has
contravened the provisions of this Act or any order made or direction given thereunder gives
 that other person any assistance with intent thereby to prevent, hinder or otherwise interfere,
with his arrest, trial or punishment for the said contravention, shall be deemed to have abetted
that contravention.
3. The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any
foreigner enters or leaves Pakistan in contravention of any order made under, or direction given
in pursuance of, section 3 shall, unless he proves that he exercised all due diligence to prevent
the said contravention, be deemed to have contravened this Act.

13-A. Prohibition of assisting illegal entry:

No one shall make or carry out arrangements for securing or facilitating the entry into Pakistan
of any one whom he knows or has reasonable cause for believing to be an illegal entrant.

13-B. Prohibition to employ an illegal entrant:

No one shall knowingly employ or provide employment to a person who has no permission to
stay in Pakistan.

14. Penalties:

1. Where any person contravenes any provisions of this Act or of any order made thereunder, or
any direction given in pursuance of this Act or order, he shall, except as otherwise provided
herein, be punished with imprisonment for a term which may extend to three years and shall
also be liable to fine, and if such person has entered into a bond in pursuance of clause (f) of
sub-section (2) of section 3, his bond shall liable to be forfeited, and any person bound thereby
shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court as to why
such penalty should not be paid.
2. Where any person knowingly enters into Pakistan illegally, he shall be guilty of an offence under
this Act and shall be punished with imprisonment for a term which may extend to ten years and
fine which may extend to ten thousand rupees.

14-A. Restriction release on bail:

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),
hereinafter referred to as Code, any accused of an offence punishable under sub-section (2) of
section 14 shall not be released on bail if there appear reasonable grounds for believing that he
has been guilty of such offence.

14-B. Deportation pending trial or undergoing sentence of imprisonment:

Notwithstanding anything contained in this Act, the Code or any other law for the time being in
force, a foreigner having no permission to stay in Pakistan or for whose deportation
arrangements have been made by the Federal Government may, if his presence in Pakistan is not
required in connection with any other case:

with the consent of the Federal Government, be permitted by the Court trying him for any
offence under this Act to depart from Pakistan; or
 under the order of the Federal Government, be permitted to depart from Pakistan while he is
undergoing any sentence passed under this Act.

14-C. Custody pending deportation:

A foreigner having no permission to stay in Pakistan, who has been convicted and sentenced to
imprisonment under this Act shall not be released on the expiry of the sentence and shall
continue to remain in custody for a period not exceeding three months to enable arrangements
for his deportation to be finalized.

14-D. Registration of illegal immigrants:

1. The Federal Government may, by order, establish an Authority to be knows as the Aliens
Registration Authority, hereinafter referred to as the Authority.
2. Any foreigner in Pakistan who immediately before the commencement of the Foreigners
(Amendment) Ordinance, 2000, has no permission to stay in Pakistan shall get himself registered
with the Authority.
3. The Authority may permit a foreigner registered with it to work in Pakistan at such place and for
such period as the Federal Government may, from time to time prescribe.
4. The Federal Government may, by order, confer on the Authority such other functions in relation
to foreigners in relation to foreigners as it may deem appropriate.

15. Protection to the persons acting under this Act:

No suit, prosecution or other legal proceeding shall lie against any person for anything which is
in good faith done or intended to be done under this Act.