|
للنسخة العربية ،انقر هنا
|
In recent years, Tunisia has made important progress in its efforts to address human trafficking, and there is growing political and public awareness of the issue. Yet, the measures that have been implemented remain insufficient, and both the general public as well as stakeholders in the judicial system require a better understanding of human trafficking.
The UN defines trafficking in persons as ‘the recruitment, transportation, transfer, harbouring or receipt of persons … for the purpose of exploitation.’ This includes sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. This may occur through a variety of means, as described by Article 3 of the Palermo Protocol supplementing the United Nations Convention against Transnational Organized Crime (2000).
The International Organisation for Migration (IOM) in Tunisia identified and assisted more than 226 victims of human trafficking in Tunisia from 2012 to the end of 2017. According to Helene Le Goff, former Project Officer at the IOM in Tunisia, victims described ‘a network of organised crime’. Most of the migrants (82%) were from Côte d’Ivoire, and ended up trapped as domestic workers in big cities like Tunis, Sfax and Sousse.
This is attributed to a growing phenomenon whereby hopeful Ivorians are tricked by local travel agencies, which lure victims with attractive promises of improving their financial situation in Tunisia – and in some cases even immigrating to Europe. Once in Tunisia, the local ‘correspondent’ takes away their passports and gives them to employers. Victims are then told that they owe employers several months’ salaries to settle the money advanced to the agent. In the majority of cases, victims are forced into domestic servitude, working between 16 and 18 hours a day without access to adequate food or medical care, and in complete isolation.
Trafficking also affects other nationalities, including Nigerians, Malians, Cameroonians, Ghanaians, Congolese, Senegalese, Colombians and Filipinos.
Tunisia’s efforts to counter human trafficking have been 15 years in the making. In 2003, the country ratified the Palermo Protocol. This was a key first step in bringing global efforts to fight human trafficking to the national level. In the wake of the country’s revolution in 2011, these efforts were re-invigorated by civil society. Several organisations, including the UN and local associations, began advocating for the development of a coherent anti-human trafficking legal framework.
Growing social consciousness and the political will to tackle the issue led to the unanimous passing, in 2016, of Organic Law N° 2016-61. Inspired by the Palermo Protocol, the law aimed at eliminating exploitation in Tunisia, particularly of women and children, through criminalising actions that constitute either trafficking or forced exploitation, as well as assistance to traffickers. According to Le Goff, the new law ‘encouraged victims to break the silence’. The number of declarations to the IOM reached 114 victims in 2017; compared to 54 in 2016, 28 in 2015 and only eight in 2013.
In 2017, the National Commission Against Trafficking In Persons (NCTIP) was established. As a national authority, the NCTIP prepares and implements all Tunisia’s strategies and policies regarding the protection of, and assistance to victims. It is also tasked with enabling cooperation with other national and international actors, and refers reports to other appropriate agencies. The NCTIP also has an awareness-raising and capacity-building role for judicial and law enforcement institutions.
The current president of the NCTIP, Judge Raoudha Laabidi, reported that the body assisted 742 victims between February 2017 and January 2018. One hundred of these victims were foreign nationals, with the majority being Tunisian minors illegally forced by organised networks into domestic work, begging and selling jasmine in the streets.
More recently, on 30 July – World Day against Trafficking in Persons – Tunisia announced it would join the Blue Heart Campaign; a UN-led awareness-raising initiative against human trafficking. Tunisia further reaffirmed its commitment to addressing this crime by launching a national strategy against trafficking in persons for the period of 2018-2023.
According to the Minister of Justice, Ghazi Jeribi, the strategy employs a holistic approach to addressing the issue, and aims ‘to reinforce coordination between the different stakeholders and bring greater knowledge about the extent of human trafficking in Tunisia through the use of proper mechanisms of data collection and statistics.’
The NCTIP only has limited resources available, however. These are provided by the Ministry of Justice and from the international donor community. It remains to be seen, therefore, whether efforts to implement the strategy will be backed by adequate resources.
Tunisia should also prioritise training and capacity building for investigation and judicial stakeholders to ensure a more effective law-enforcement response to traffickers and networks.
In addition, Tunisia still lacks a legal framework for asylum seekers, as well as minimum and clear human rights guarantees for migrants. Having these mechanisms in place would allow for a more effective fight against the trafficking of foreigners.
A report published by US Department of State’s Office to Monitor and Combat Trafficking in Persons in 2018 indicated that Tunisia still does not fully meet the minimum standards to address human trafficking, though it highlights that significant progress was made in 2017 and 2018.
While the adoption of the new law and the establishment of the NCTIP are signs of real progress, more will need be to done to make these measures effective. Nevertheless, these key changes constitute important first steps towards more efficient policies to address human trafficking in Tunisia.
Rim Dhaouadi, Researcher, ENACT project, ISS
