Controlling human trafficking is a difficult task in countries where job opportunities are low and unemployment is on the rise. These countries are mainly developing ones where investment opportunities are difficult to attract due to social unrest. The governments of these countries have been trying to design economic policies that attract both domestic and external investors to generate employment. But they could not succeed in implementing these policies, and unemployed citizens remained dependent on families and relatives.
Reports have revealed that countries of the Horn of Africa, including Ethiopia, do not fully meet the minimum requirements for the elimination of trafficking in search of jobs abroad. However, these countries are making efforts to eliminate trafficking through job creation in the different sectors of the economy. The government of Ethiopia has been increasing efforts to combat unemployment and minimize human trafficking.
Experts have pointed out that the efforts made by the government included studying the potential trafficking issues in Ethiopia. Some of the issues are potential causes of crimes, including officials that are allegedly complicit in the process. The study also included identifying and analyzing the reason for being victimized by traffickers. The authorities are also making increasing efforts to check the private employment agencies for preventing labor abuses.
There is also an increasing concern for coordinating anti-trafficking efforts at the urban and regional levels. In line with this, the government has established the Labor Market Information System, for monitoring selection and recruitment of job seekers to improve access to labor markets abroad. The concerned authority has regularly looked for information from survivors of trafficking in its efforts to reduce the problem. The authority has also encouraged these survivors to be involved in awareness raising activities for those people intending to migrate.
Experts have pointed out that the authority for controlling human trafficking could not fully achieve its intent of protecting migrant workers. To protect migrant workers that utilize the legal process, the authority should designate dedicated labor attachés at Ethiopian diplomatic missions. The absence of these attaches may hinder the objective of protecting migrant workers from illegal traffickers. The authority has to take the necessary action to control local crimes related to trafficking, including domestic servitude and child trafficking. Without such control, it is difficult to minimize the overall social impact of trafficking.
Of course, authorities have routinely checked potential human trafficking cases. This is done where there is evidence of domestic servitude, and physical or sexual abuses. The cases of “domestic servitude” have often been forwarded to the criminal courts as offenses of lesser degree than human trafficking. Domestic servitude is related to work without remuneration, providing workers only with food and shelter. There are reports of pervasive domestic corruption, including accepting bribes and producing fake documents for facilitating trafficking.
To reduce and control human trafficking, it is useful to train concerned authorities at all levels. They have to be knowledgeable about techniques for identification of victims and referring them to centers of appropriate care. They should be skilled in victim investigation techniques, including the differences between human trafficking and migrant smuggling.
Similarly, there is a need to raise awareness at the community level about formal recruitment processes for migrant work abroad. This effort has to be accompanied by protection for Ethiopian victims of trafficking. There is a need to inform workers in advance about types and levels of exploitation abroad. Awareness creation program has to be provided in pre-departure training to all migrant workers. Moreover, the assigning of dedicated labor attachés to Ethiopian embassies to monitor migrants’ working conditions abroad is crucial. Also, training of embassy staff to identify and assist victims abroad is very important.
Experts have proposed the establishment, revision, and implementation of bilateral labor agreements with destination countries. These agreements have to include articles of protection for workers abroad. The experts also suggested ensuring proper police investigation of all cases of domestic servitude. The outcome of these investigations may be incorporated in the training program for civil society and community members on trafficking. In this program, it may be necessary to identify victims of trafficking, including Ethiopian migrant workers returning from overseas. These victims may be domestic workers, commercial sex workers, and unaccompanied children.
All of these victims of trafficking, however, deserve appropriate essential services, including shelter, health, education, and training. The concerned authorities need the support and collaboration of NGOs and international organizations to provide for shelter, housing, and other services for all victims of trafficking.
Apart from provision of basic services to victims of trafficking, there should be an investigation for prosecuting alleged traffickers. These may include those responsible for domestic and transnational trafficking crimes. The prosecution should seek adequate and severe penalties for those conducting human trafficking. Those responsible authorities may consistently enforce regulations and seek the right to supervise private labor recruitment agencies.
These authorities may have the right to eliminate recruitment fees migrant workers are charged by private employment agencies. They may also inspect and charge the agencies that practice deceptive labor recruitment. The authorities have to train labor inspectors on how to report violations of laws and regulation to the appropriate officials. The authorities responsible for controlling human trafficking need to develop and implement a comprehensive and centralized database. This helps to accurately report anti-trafficking statistics disaggregated by data on crimes committed by those engaged in human trafficking.
The Ethiopian government has increased its anti-trafficking law enforcement efforts. It has issued proclamations to provide for the prevention of trafficking and smuggling of people. It has also made legal provisions for penalizing labor traffickers and adult and child sex traffickers. The penalties have been severe and stringent with regards to sex trafficking, similar with those imposed for other crimes, such as rape.
The concerned authority has reported on the investigation and prosecution of several criminal cases based on anti-trafficking proclamation. It is reported that courts have ordered imprisonment and fines on traffickers. Depending on the legality of issues presented, the courts have also endorsed, overturned, or acquitted defendants. It is, however, reported that authorities have, in earlier years, the propensity to combine human trafficking and migrant smuggling. Smuggling involved individuals seeking to cross borders through irregular migration but not involving exploitation through trafficking.
The authorities have taken steps at different levels to address internal trafficking crimes. These include child sex trafficking and domestic servitude. But the law enforcement authorities have made efforts to focus on transnational trafficking crimes. But the authorities have not allocated sufficient resources or attention to trafficking crimes “within the borders.”
However, courts have convicted perpetrators using the criminal code for sexual assault or child abuse, rather than for human trafficking, which resulted in lesser penalties. Also, it is reported that authorities frequently applied labor proclamation to address labor trafficking cases. But, this proclamation has “not included” domestic service or the informal sector. Thus, the cases of domestic service have been forwarded to the criminal court as labor violations instead of human trafficking.
Studies reveal that corruption in human trafficking crimes has remained a major concern, precluding and inhibiting legal actions. Reports of corruption, bribes and production of false documentation to facilitate trafficking among immigration workers have remained pervasive.
As mentioned earlier, authorities investigated and charged several immigration workers for facilitating human trafficking and migrant smuggling crimes. This is done, according to reports, by providing falsified approval letters for citizens to work abroad. This investigation has continued for a long period. The authorities have continued investigating employees for potential human trafficking and migrant smuggling. They are committed to investigate and prosecute human trafficking crimes, especially those involving cross-border exploitation in Ethiopia. They have delegated regional law enforcement units to investigate internal trafficking cases within their local jurisdictions.
The government has taken practical measures to minimize and control trafficking. In collaboration with an international organization and foreign donors, the Federal Police Commission (FPC) has established a specialized investigation unit. This unit has the authority to investigating human trafficking crimes.
Also the Ministry of Justice (MoJ) has maintained specialized prosecuting unit that focuses on human trafficking and migrant smuggling crimes. These specialized investigators and prosecutors have been coordinated on trafficking cases. They have engaged in training programs that included victim-focused investigations, child-friendly investigation methods, and data, information and evidence gathering. These government authorities in collaboration with NGOs have also provided training to federal and regional functionaries. These included police, prosecutors, judges, and immigration officers, on the distinction between human trafficking and migrant smuggling.
The training of staff engaged in controlling or minimizing human trafficking has continued in different parts of the country. The training items included anti-trafficking laws, trafficking and digital investigations, victim identification, and international cooperation on investigations.
The Ethiopian government, in partnership with global organizations, finalized new investigation and prosecution guidelines. These instructions identified appropriate and best practices for prosecutors dealing in human trafficking cases. Prosecutors have been trained on the practical use of these instructions.
Even though there has been an increase in overall specialized training and use of the anti-trafficking law, officials reported challenges related to victim identification. They also noted challenges of the luck of protection services and processing of digital evidence that continued to hinder successful prosecution of trafficking. The Ethiopian authorities cooperated with foreign agencies of various countries on potential trafficking investigations. They also entered into agreements of cooperation on the extradition of illegal operators with several countries.
Editor’s Note: The views entertained in this article do not necessarily reflect the stance of The Ethiopian Herald
BY GETACHEW MINAS
The Ethiopian Herald October 13/2024
