GROUP 3
INTERNATIONAL COOPERATION AGAINSTHUMAN TRAFFICKING AND SMUGGLING OF MIGRANTS
Chairperson

Ms. Radziah Basir(Malaysia)

Co-Chairperson

Mr. Ahmed Mohamed Youssef
Ahmed Wahdan(Egypt)Rapporteur

Mr. Shigeru Uchiyama(Japan)Co-Rapporteur

Mr. Takeru Sato

(Japan)Members

Mr. Rajvong Xaysana(Laos)

Mr. Lambok Marisi Jakobus
Sidabutar(Indonesia)

Mr. Satoshi Onodera(Japan)Mr. Tadashi Asano(Japan)Depnty Director Tomoko Akane(UNAFEI)

Advisers

Prof. Yasuhiro Tanabe(UNAFEI)

Prof. Ryuji Kuwayama(UNAFEI)

I. INTRODUCTION
Recent IOM (International Organization of Migration) research revealed that there are an
estimated 15 to 30 million illegal migrants in the world. Of this total, the United States Department ofJustice estimates that at least 700,000 women and children are trafficked across borders each year. The
enormous scale of human trafficking and smuggling of migrants around the globe requires cooperative
efforts to solve this issue. These efforts need cooperation and assistance at bilateral and multilaterallevels among various countries, and also between governments and NGOs. Destination countries must
work with transit and source countries not only to prevent human trafficking and smuggling of
migrants but also to help those victims back to their home community.
II. EXCHANGE OF INFORMATION AND LEGAL ASSISTANCE
Human trafficking and smuggling of migrants is generally defined as a crime that requires
international exchange of information and assistance. When you seek information and assistance fromabroad, the nature of the information and legal assistance will determine whether it should be
informally or formally obtained.
A. Informal Channel
Informal exchange of information and assistance will be appropriate when compulsory process is
not required and is generally achieved through law enforcement representatives stationed overseas andinternational organizations such as Interpol. The information available by this informal route may
include criminal and police records, birth and death records, family registrations, residence
information, vehicle and vessel registrations, travel movement records, company registrations, etc.
The advantage of this informal method is that it can be requested quickly and is directed to theauthority that can provide the information and assistance. The disadvantage is that the information
and assistance obtained in this way is limited in its nature and the product may not be in a form thatcan be used in court proceedings in the requesting county.
1. Personal Channel
Exchange of information and assistance can be carried out between law enforcement agencies of therequesting and the requested country. This is sometimes referred to as the “police-to-police, prosecutorto-prosecutor” assistance. It is not usually predicated on a specific treaty or international agreement,

181

RESOURCE MATERIAL SERIES No. 62
but rather carried out on the basis of goodwill, mutual respect or shared interest in combating crime.
Personal relationships established through international seminars and law enforcement training
programs would be quite instrumental in obtaining information and assistance. This method is also
called the old-boys network, capable of providing the speediest of all responses but limited by the factthat it depends entirely upon the cultivation of contacts in foreign law enforcement agencies.
2. Legal Attache
Legal attaches stationed at embassies, consular officers in charge of security assigned at consulates
and liaison officers dispatched from law enforcement agencies to counterpart agencies abroad play animportant role in this kind of assistance. For example, the U.S. has dispatched FBI agents at its
embassies in 52 countries under the Legal Attache Program that helps foster good will and legal
assistance with their counterparts in the assigned nation. Japan also has police attaches and security
officers posted at its embassies and consulates in foreign countries. They carry the titles of either 1st or
2nd Secretary at the embassy, or Consul at the Japanese consulate. They act as a liaison between
Japanese police and law enforcement agencies of their assigned country.
As a rule, when requests for exchange of information and assistance are made through these
attache, consular officers and liaison officers, the response is obtained much faster and more practicalin use than that available through Interpol. Therefore, in terms of processing a request for assistance,
this method seems to be much more effective.
3. Interpol
Major vehicle for advancing the police-to-police cooperation is the International Criminal Police
Organization, or ICPO-Interpol. Interpol is situated in France’s Lyon, and currently has 181 member
countries including Afghanistan and East Timor, newly admitted at the October-2002 General
Assembly in Cameroon. This organization provides technical tools for sending/receiving requests
between law enforcement agencies of different countries through their National Central Bureaus NCBs, which serve as a conduit for the secure transmission of information and intelligence concerning
criminal investigation. Interpol can guarantee that the requests get transmitted via its communication
systems, but cannot promise that the requested country surely makes a response to the requesting
country, or that the quality of the response is up to their expectations. Furthermore, Interpol’s
Constitution has no provision to punish those countries which do not respond to any request fromforeign countries. That means the assistance relies solely on the generosity and goodwill of the law
enforcement of the requested country.
B. Formal Channel
Formal exchange of information and legal assistance is generally sought for the obtaining ofevidence of a crime that has been committed. It is carried out under legislation and bilateral or
multilateral treaty. Formal exchange of information and legal assistance involves compulsory process
and affects privacy interests. It includes matters such as extradition, seizure of materials by search
warrant, the taking of witness depositions, restraint and confiscation of the proceeds of crime. The
advantage of this assistance is that it permits the requesting country to have law enforcement action
carried out in another country, and to obtain evidence for a prosecution. Most countries with laws andtreaties for international cooperation have a central authority to coordinate requests to and from thecountry. This is essential to ensure appropriate and prompt attention for requests of assistance.
The basic instruments of formal international cooperation are as follows:(i) Letters Rogatory(ii) Mutual Legal Assistance(iii)Extradition
1. Letters Rogatory
There are many instances in which the law enforcement agency of the requested county can do little
without obtaining a court order. In these cases, the law enforcement agency needs the assistance from ajudge. This letter is a request from a court in one country to a court in another country in which the182

122ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
former asks the latter to use the requested state’s judicial power to assist the requesting court. As aninternational practice, the letter is transmitted through the diplomatic channel.
The request for information and evidence almost always originates from the law enforcement
agency, and is authenticated by the competent national court in the requesting country. Then, it passes
on to the embassy of the requested country through the foreign ministry. The embassy hands it over tothe competent judicial authorities of the requested country, generally through the foreign ministry.
Once the request has been fulfilled, the chain is reversed.
A direct request may also be possible under some treaties in case of emergency. For example, Article
15(1) of the 1959 Council of Europe Convention allows the judicial authority of the requesting country
to send the letter of request directly to the competent judicial authority of the requested country. Article
18(13) of the Palermo Convention (the United Nations Convention against Transnational Organized
Crime) allows the possibility that, in an urgent case and when the countries in question agree, therequest can be made through the International Criminal Police Organization, if possible.
2. Mutual Legal Assistance (MLA)
A law enforcement agent cannot be allowed, in general, to conduct an investigation in anothercountry. This is based on the principle that nobody can infringe upon the sovereignty of another country.
Hence, we need a legal framework of mutual assistance and cooperation. However, it depends verymuch on the policy of the countries concerned. The purpose of mutual legal assistance is to get a foreigncountry to assist in the judicial process of the requesting country. Generally speaking, mutual legal
assistance is based on bilateral or multilateral treaties. The broad definition of mutual legal assistanceincludes not only providing evidence, which is defined as a narrow sense of mutual legal assistance, butalso extraditing a fugitive and executing punishment for his/her crime. In this section, we discuss
mutual legal assistance in narrower terms.
Mutual legal assistance can be requested for any of the following purposes:(i) Executing searches and seizures, and freezing(ii) Taking evidence or statements from persons(iii)Effecting a temporary transfer of persons in custody to appear as a witness(iv) Hearing of witnesses or experts by means of video conference(v) Effecting service of judicial documents(vi) Examining objects and sites(vii)Providing originals or certified copies of relevant documents and records, including government,
bank, financial, corporate or business records(viii)Identifying or tracing proceeds of crime, property, instrumentalities or other things forevidentiary proposes(ix) Facilitating the personal appearance of a witness(x) Providing information, evidentiary items and expert evaluation(xi) Any other type of assistance that is not contrary to the domestic law of the requested country
Judicial authorities of requesting countries issue a request for mutual legal assistance. Mutual
legal assistance is performed with regard to those crimes that are punishable in the requesting country
at the time of the request. Mutual legal assistance is carried out based on international comity,
international treaties and international administrative agreements. Therefore, the conditions formutual legal assistance differ from case to case.
In general, conditions for mutual legal assistance have been considered similar to those forextradition. Recently, however, the theory that the principle of mutual assistance should be separated
from those of extradition is gaining support. Accordingly, the conditions for mutual legal assistance canbe studied in a different manner from those for extradition.
(i) Dual criminality
Most countries require dual criminality as a prerequisite for responding to a mutual legal
assistance request. This condition comes from the idea that it is not appropriate to surrender a183

RESOURCE MATERIAL SERIES No. 62
fugitive for an act which does not constitute any crime in the requested country, and that therequested country would not cooperate concerning the crime which is not punishable in the
country. But recently the theory that dual criminality should not be required is becoming more
acceptable. This theory is based on the idea that evidence should be not only helpful forinvestigators but also beneficial to offenders. For example, the 1959 Council of Europe
Convention on Mutual Assistance in Criminal Matters fundamentally does not require dual
criminality in requesting mutual legal assistance.
(ii) Reciprocity
Reciprocity is regarded as one of the most important principles that cover international
relations. On the other hand, some disputants insist that reciprocity should not be required inmutual legal assistance, which is different from extradition. This theory is grounded on the ideathat mutual legal assistance should be carried out when there is a possibility that evidence
might be favorable to the offender by any chance.
(iii)Non-political offence
In order to grant a mutual legal assistance request, a predicate offense should not be a politicaloffence. However, there is a tendency that the recent multilateral conventions aimed at
suppressing certain types of crimes such as drug trafficking and terrorism against diplomats
explicitly exclude these acts from political offenses.
(iv) Rule of specialty
Some legislation on mutual legal assistance adopts the rule of specialty. This rule requires thatthe requesting country must not transmit or use the information for investigations, prosecutions
or judicial proceedings other than those stated in the request. However, this rule does notprevent an amendment of the charges relating to the cases. If the facts of the case require
reassessment, supplementary requests must be sent to the requested country as soon as
possible.
One of the most regularly voiced complaints of this method is that it can take a long time. It takes
time to draft a request which complies with the requested country’s laws and procedures, for therequest to be processed and forwarded to the appropriate authority responsible for processing it andthen for execution of the request. Most jurisdictions require dispatch or receipt of requests through the
diplomatic channel and this can cause several months to elapse before the request reaches theappropriate handling officer. Upon receipt, the request may not meet the minimum legal requirementsof the government to whom it is sent, in which case there can be further exchanges between the twojurisdictions before the necessary information is handed over and the request can proceed.
The more formal and complex the process becomes, the greater delay is likely to occur. This is
crucial to both the investigator and the prosecutor. If the evidence is required immediately forprosecution, any delay could provide the suspect with the opportunity to leave the jurisdiction.
A difference in criminal procedures from country to country can also cause problems. This isparticularly apparent between civil- and common-law countries. For example, in European civil law
countries the investigating magistrate oversees the investigation, and has wide powers to summon
witnesses, order production of documents, and generally follow whatever course of investigation isappropriate. This may prompt the investigator and the prosecutor to conduct an investigation generally
on the magistrate’s behalf. But common law based countries may only permit the carrying out of certain
specific tasks which must be itemized in the request and may not allow the granting of a mandate tocarry out and follow a general line of inquiry. This could mean, for example, that if information came tohand that was relevant but was not covered in the original request the common law based country
might have to pass the particulars back to civil law based country and ask them to make asupplementary request seeking this evidence. This may create even more delay.
3. Extradition
The purpose of extradition is to get a foreign country to send a fugitive to the requesting country, sothat he/she can be placed on trial, or so that any punishment imposed can be carried out. Extradition is184

122ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
the process of forcible transfer of a person either charged or convicted from one country to another.
There are two ways in making an extradition request; namely, by international comity or by bilateral/
multilateral treaty.
An extradition request from one country to another between which there is no extradition treaty isbased upon mutual respect and goodwill. Some countries may grant an extradition request without an
extradition treaty as long as the request meets the requirements stipulated in a domestic extradition
law. These countries are referred to as “Treaty Non-prerequisite Countries” which include Japan,
China, South Korea, Pakistan, Vietnam, etc.
When the requesting country wants to get one its own nationals from the requested country
immediately, a common practice is to freeze or nullify their passport, thus making the passport invalid.
As a result, he/she becomes subject to deportation. In South Korea, for example, Article 11 of the
Passport Act says that any person who commits a crime after the issuance of the passport must return
it within a certain specified period. Japan has almost the same provision in Article 19 of the Passport
Law. However, careful consideration must be paid in executing this method. As a prerequisite of thismethod, there must be such legal provision in the requesting country and the consent must be obtained
from the requested country to proceed with the deportation.
If an extradition request is made between the member countries of the bilateral/multilateral treaty,
the request must be honored by the requested country. Otherwise the requested country would be in
violation of its international obligation. Countries which require an extradition treaty to honor such arequest are classified as “Treaty Prerequisite Countries” which include Malaysia, Singapore, Sri Lanka,
the Philippines, the United States, etc.
Universally accepted principles state that each country can enjoy sovereign equality and territorial
integrity. Each country should not intervene in the domestic affairs of other countries. These principles
are clearly noted in the following conventions:(i) United Nations Convention Against Transnational Organized Crime (2000)(ii) Rome Statute of the International Criminal Court (1998)(iii)United Nations Model Treaty on Extradition (1990)(iv) European Convention of Extradition (1957)
Some practical problems exist in extradition procedures. Included in the above-mentioned
conventions are the dual criminality requirement, the political offense exception and the refusal toextradite nationals. In addition, the death penalty issue and the unfair trial issue are factors on which
the extradition may be refused. Since the dual criminality and the political offense issue have alreadybeen mentioned in the preceding sub-paragraph, the remaining issues are described below:(1) Non-Extradition of Nationals
With regard to extradition of their own citizens, most countries have traditionally been of theopinion that such extradition is not possible. Some countries have even incorporated such aprohibition into their constitution. Furthermore, the principle of the non-extradition ofnationals is often expressly provided for in treaties. The U.N. Model Treaty on Extradition,
Article 4 (a) enables a requested country to refuse extradition of its nationals. The rationale forsuch a view is a mixture of the obligation of a country to protect its citizens, the lack ofconfidence in the fairness of foreign legal proceedings, the disadvantages that defendants facewhen defending themselves in a foreign legal system, and the disadvantages of being in custodyin a foreign country.
However, it is a matter of course that right must be realized and a criminal offender must be
brought to justice. The U.N. Model Treaty on Extradition and TOC Convention stipulate that if
extradition is refused on this ground, the requested country must prosecute him/her at therequest of the requesting country. This principle is referred to as “Extradite or Prosecute” or“aut dedere aut judicare.” Therefore, each Member country must have a criminal law thatpunishes offenders who have committed crime in foreign counties. In Singapore, for example,

185

RESOURCE MATERIAL SERIES No. 62
Article 3 of its Penal Code says “Any person liable by law to be tried for an offense committed
beyond the limits of Singapore, shall be dealt with according to the provisions of this Code forany act committed beyond Singapore, in the same manner as if such act had been committed
within Singapore.”(2) Death Penalty
Article 4 (d) of the above mentioned model treaty provides an optional ground for refusing
extradition. This arises when the offense for which extradition is requested carries the death
penalty under the law of the requesting, unless the requesting country undertakes not to impose
the death penalty or not to carry it out if it is imposed. While some countries have capital
punishment, others have abolished capital punishment. It can generally be observed that thelatter countries tend to refuse extradition of fugitive offenders to the former based on the groundthat capital punishment may possibly be imposed.
(3) Danger of Persecution or Unfair Trial
Article 3 (f) of the model treaty gives as a mandatory ground for refusal the possibility that theperson in question would be subjected to torture or cruel, inhuman or degrading treatment or
punishment, or the absence of the minimum guarantees in criminal proceedings. Democratic
countries have been increasingly reluctant to extend full cooperation to counties which do notshare the same democratic values, for example on the grounds that the political organization of
the latter countries is undemocratic, or because their judicial system does not afford sufficient
protection to the prosecuted or convicted individual.
III. RECOMMENDATION ON INTERNATIONAL COOPERATION
A. Governmental Cooperation
Human trafficking and smuggling of migrants is a multi-dimensional issue that encompasses
migration, labor, criminal, and human rights aspects. Therefore, it must be tackled at all these
dimensions. The transnational character also means that source, transit and destination countries
must work together to effectively deal with this issue, thus demanding bilateral/multilateral/international assistance.
The United Nation’s two Protocols; namely, the Protocol against the Smuggling of Migrants by
Land, Air and Sea; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, respectively supplementing the United Nations Convention against
Transnational Organized Crime; are a set of strong instruments to address human trafficking andsmuggling of migrants. However, the Smuggling Protocol has been signed so far by 106 countries andratified only by 14 countries, and the Trafficking Protocol signed by 102 countries and ratified by 13
countries. The two Protocols will enter into force when forty Member States have ratified them
respectively.
In order to eradicate human trafficking and smuggling of migrants from the globe, the abovementioned two UN Protocols must be ratified and put into effect as soon as possible. Each Member
country should take necessary measures to meet the ratification requirements. But in reality, it willtake some time until the two Protocols come into effect. In the meantime, the world is confronted daily
with human trafficking and smuggling of migrants. Therefore, international efforts must be taken to
tackle the problems in hand without delay.
The following are recommendable efforts that government agencies and their personnel should takefor international cooperation against human trafficking and smuggling of migrants:
1. Creation of Common Standards
Through bilateral, multilateral and international conferences and training opportunities, eachcountry should develop norms and standards. Thereafter, it can review, strengthen or establish
domestic laws against human trafficking and smuggling of migrants; set internationally common
standards in the anti-smuggling and trafficking laws; and create practical measures and tools forinternational cooperation in investigation and prosecution. Those laws must criminalize activities

186

122ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
which aid or abet the human trafficking and smuggling of migrants; and put sanctions on those who
profit from those transnational activities.
2. Assets Confiscation
Each country should pass the necessary legislation to create instruments to seize and confiscate
assets and profits from human trafficking and smuggling of migrants. These assets must include
vehicles, boats, passports, ID and other travel documents used in human trafficking and smuggling of
migrants. In negotiation of the asset confiscation agreements with other countries, the confiscation of
those assets upon conviction for the crime must be included.
3. Direct Contact Network
As mentioned already, for information exchange with law enforcement agencies of foreign countries
in general, ICPO and diplomatic channels are theoretically available. However, both channels require
much red tape and need a lengthy time. Consequently, the vital information is not timely. In terms of
information exchange in the case of human trafficking and smuggling of migrants in particular, notonly police and public prosecutors but also immigration, customs, labor, heath-and-welfare and medical
authorities will be involved. Therefore, expanding direct contacts with different agencies in domestic
and foreign countries is essential. The establishment of an informal network of contact points at eachagency in different countries exclusively for human trafficking and smuggling of migrants will be quite
helpful. In order to cope with an increasing number of smuggled migrants from China to Japan, thePublic Security Ministry of China, Japanese Coast Guard and Japanese Police have established a directcontact network.
4. Moderate Rule Application
Human trafficking and smuggling of migrants has become global business making a huge profit forinternational organized crime syndicates. It is also characterized by its clandestine nature, because
these cases are likely to remain significantly unreported crimes. In addition, trafficking exposes victims
to sexual exploitation, forced labor, slavery-like practices, servitude or the removal of organs. In thissense, it is considered to be one of the most heinous criminal offenses all over the globe that demandinternational cooperation including extradition and mutual legal assistance.
Nevertheless, as prerequisites for extradition and mutual legal assistance, almost all countries
require dual criminality, assurance of reciprocity, non-political offense as a predicate offense and thatthey are non-nationals of their own countries. In addition, a country which has abolished capital
punishment would not allow the extradition of a suspect or defendant who may be subject to a death
penalty in the requesting country. If these requirements are strictly applied to a human trafficking andsmuggling case, for instance, the negotiation of extradition and mutual legal assistance will become
very difficult and may not be materialized. In order to breakthrough these barriers, there will have to
be a more moderate application of the rules regarding extradition and mutual legal assistance tohandle a human trafficking and smuggling of migrants case.
5. Victims Protection
Women and children, the main victims of trafficking, must be most protected from the human rights
perspective. Unfortunately however, many source, transit and destination countries have not defined
trafficking as a violation of human rights yet. Therefore, they are not held responsible for the fightagainst trafficking in women and children. The lack of legal obligation of governments to work towards
eliminating trafficking still exists in many countries. Hereby, each country must legislate an antitrafficking law which strictly controls trafficking in women and children. This law also should
guarantee the witness protection, the mental and physical treatment of the victims, and the provisionof appropriate accommodations to the victims in destination countries, and the victims’ safe transfer totheir home countries if they so wish. It will be necessary to set up an international inspection team,probably in the United Nations, to assure that each country is really safeguarding human rights andfulfilling the obligation to protect the victims.
6. Technical Assistance
Provision of technical and training assistance to other countries is also important. Destination
countries should encourage source and transit countries to carry out public awareness campaigns

187

RESOURCE MATERIAL SERIES No. 62
concerning the risks of smuggling and trafficking; the tragic lives of the victims; the actual situations oflabor and sexual exploitation; deceitful strategies of traffickers and smugglers, etc. In this context,
destination countries should send training and campaign experts in this field to source countries.
Furthermore, national travel and identity documents such as passports and landing permits mustbe highly secured against forgery, and the form of these documents should be unified worldwide, andthey should be made machine readable like MRP (Machine Readable Passport) and MRV (Machine
Readable Visa). In addition, the transfer of investigative methods such as undercover operations andelectronic surveillance should be promoted. Those countries in possession of advanced technologies andskills must transfer such expertise to the countries in need through official channels.
7. Establishment of Regional Organization
Transnational crimes such as human trafficking and smuggling of migrants urge transnational
cooperation between the legal authorities at home and abroad. Human trafficking and smuggling of
migrants, particularly in Asia, is taking place mostly among neighboring countries. (e.g., womentrafficking between Nepal and India, illegal immigration between the Philippines and Malaysia andbetween Indonesia and Australia, smuggling of migrants between China and Japan, etc.) Currently,
various efforts have already been made in Asia through regional bodies such as ASEANAPol, PacRIM1
and ICAO2. However, there exists much diversion regarding the justice system in Asian countries, thismakes legal assistance and cooperation difficult in this region.
To break this stalemate, a new innovative vision should be developed. One idea is to set up
ASIANJUST, an Asian version of EUROJUST3 established by the EU in 1999 consisting of prosecutors
in 15 countries with the purpose of smooth mutual legal assistance and cooperation for effective
investigation and prosecution. This ASIANJUST must not be a mere information exchangeorganization but should be empowered to help coordinate the investigation and prosecution oftransnational organized crime including serious human trafficking and smuggling of migrants. Firstand foremost, governments in the region should organize a preparatory committee for founding
ASIANJUST.
B. Non-Governmental Cooperation
Human trafficking and smuggling of migrants cases are serious crimes that have resulted inmodern-day slavery, which cannot be resolved by legislature and law enforcement only. It needs
concerted, well-coordinated efforts among the world community to combat this crime that is carried out
by organized crime groups that transcend national borders. We must prove to the criminal world that
we will never let them get away with such crimes. The non-governmental organizations can contribute
greatly towards international cooperation against these crimes to support the relevant legal processes
that will bring the traffickers and smugglers to justice.
There are many Non-Governmental bodies in each country that would not hesitate to assist such
efforts to prevent human trafficking and smuggling of migrants, and to cooperate or give assistance tothe trafficked or smuggled victims. This would include Women/Child Aid or Welfare Organizations or
the various Human’s Rights Organizations. Their work would complement provisions of the law andwhere the related laws have not been enacted, these organizations can act as pressure groups toencourage the governments and increase awareness of the community to such crimes within theirsociety.
The areas of cooperation for these NGOs can be itemized as follows:(i) Exchange of information(ii) Enhancing awareness(iii)Support activities for victims

1

Pacific Rim Immigration Intelligence Officers Conference

2

International Civil Aviation Organization

3

See: http//www.statewatch.org/news/2002/feb/02Aeurojust.htm

188

122ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
1. Exchange of Information
It is well known that victims feel freer to approach NGOs and pass information regarding theirplight and also relating to the perpetrators. NGOs may pass this information to the police or otherNGOs. This sort of information can also be systematically collected and used as a monitoringmechanism or to be used as research data as well as input for some training/awareness programs.
2. Enhancing AwarenessThis involves training or education programs which can be in the form of conferences, seminars orworkshops, etc., for the public officials who should be aware of the seriousness of the crimes involved
and the degree of suffering experienced by the victims. When they investigate, prosecute or judge casesof traffickers, smugglers or other offences, they will be sensitive enough to provide the necessary help orprotection the victims greatly need.
Awareness programs for the public may include talks and distribution of free pamphlets or flyers to
the public and potential victims in undeveloped areas in source, transit and destination countries,
putting emphasis on the fact that trafficked women and children are crime victims. The flyers should
also include information on how/where the victims can seek help, what rights are protected for them,
how to identify suspicious characters who might be traffickers or smugglers. In addition, the flyers
should inform the public on how to pass the information on to the authorities or the NGOs.
3. Support Activities For Victims
NGOs can encourage politicians and legislators in their countries to enact laws to provide protection
and support to trafficked victims. The witness protection program is one way to bring traffickers tojustice. Laws could provide such victims with temporary residence and protection. In this, the NGOs
could mobilize and garner the necessary funds to provide shelter, medical and counseling services to thevictims. Cooperation between NGOs of different countries may be needed for victims’ rehabilitation
process which takes a long time. Training of occupational skills is much needed that would assist thevictims to become self-sufficient. Most governments do not have the resources to assist victims to suchan extent. NGOs can work with United Nations Agencies to achieve these objectives.
The Ministerial Conference on People Smuggling, Trafficking In Persons and Related Transnational
Crime in Bali, 2002, urged the international community to assist source countries to address the root
causes of illegal movement of peoples by providing among others, developmental assistance to improvethe economic and social status of women in those countries. For example, in Afghanistan, the UN Food
Agency set up bakeries that provide some jobs as well as food to some of the poorest families or provide
aid packages containing tools and seeds for them to rebuild their lives. NGOs can work together withsuch UN agencies to provide such help and even assist in giving basic education. Of course, NGOs also
have to increase fund-raising efforts by encouraging contributions from corporations, foundations andindividuals to finance the said activities apart from getting funds from governmental and UN grants.
IV. CONCLUSION
Problems emerging from rapid globalization are posing challenges to the criminal justice system of
the individual countries and the world as a whole. The challenges like human trafficking andsmuggling of migrants operate beyond the boundaries of individual countries. The globalization processwith its policy of liberalization with regard to communication, transportation and transfer has opened
greater opportunities for the evil forces involved in this criminality. The existence of the present strict
MLA and extradition framework, judicial boundaries, geographical limitation in the investigation andprosecution are no match for the kind of international crimes that are being committed today. The needfor cooperation among people involved in the criminal justice system in various countries is great.
International efforts towards the elimination of human trafficking and smuggling of migrants should befurther enhanced. At the same time, efforts at the national level to develop appropriate measures tosafeguard the human rights of the trafficked victims should be continued. For these reasons, we would
like to say again that the U.N. TOC Convention and its two Protocols must be ratified and put into
effect in order to eradicate human trafficking and smuggling of migrants from the globe. To this end,
each Member country should take necessary measures to meet the ratification requirements as soon as
possible.

189