Gamma alicia dewi human trafficking essay af singapore 2017

THE REPREHENSIBLE TRADE OF HUMAN BEINGS IN INDONESIA

By Gamma Alicia Dewi Batch 2015 Human Trafficking is one of the most atrocious violations of human rights, and it is widespread and growing.

According to the United Nations Convention Against

Transnational Organized Crime, Human Trafficking is a challenge to human dignity, to every state, every people, and every community, and is categorized as a Transnational Organized Crime1. Human Trafficking is an affront to human dignity and violates Article 4 of the Universal Declaration of Human Rights, which states that “No one shall be held in slavery or servitude”.2 Even though, there is evidence of protocols, international conventions, and regulations , which therefore should make no single country tolerant with slavery practice, the existing cases today shows there exists a form of contemporary slavery. Human Trafficking, according to the United Nations Office Of The High Commissioner Of Human Rights Issued Fact Sheet No. 14, with the title of “Contemporary Forms Of Slavery”, is one of the forms of contemporary slavery or what is familiarly called, modern slavery.3 According to the 2016 Trafficking in Persons Report by the US Department of State, Indonesia is still a major source and, a destination and transit country for women, men and children subjected to forced labor and sex trafficking. As a developing country, it is difficult for Indonesia to be excluded from Human Trafficking because there are still an ample amount of people living in poverty, and unemployment which would make them prone to be subjected to the crime. Secondly, the geographical location of Indonesia is vulnerable to human trafficking passage. Besides possessing many islands which can be surpassed by water transportation, also adjoined directly with east Malaysia which can be traveled by land

1

Transnational Organized Crime is when an offence is transnational in nature and involves an organized criminal group. (Article 3(2), UN Convention Against Transnational Organized Crime and The Protocols Thereto).

2 Article 4, Universal Declaration of Human Rights.

3 Nathalina Naibaho, Human Trafficking in Indonesia: Law Enforcement Problems. 2011. Indonesia Law Review. page 85

way.4 And thirdly, lack of access to sufficient education,5 making them prone to the modus operandi of trafficking in Indonesia. Indonesia considers Human Trafficking as a serious criminal act, and committed to fight against it by enacting Law No. 21 of 2007 to address the scourge of the crime, and enforce the law to eliminate this reprehensible trade in human beings.

Efforts to eradicate Human Trafficking is made through international treaty law, centered on the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (hereafter the UN Protocol).6

The definition

stipulated in the UN Protocol is adopted by Law No. 21 of 2007 on the Eradication of the Criminal Act of Trafficking in Persons, and is stipulated in Article 1(1) of the regulation as “the recruitment, transportation, harboring, sending, transfer, or receipt of a person by means of threat or use of force, abduction, incarceration, fraud, deception, the abuse of power or a position of vulnerability, debt bondage or the giving or receiving payments or benefits to achieve the consent of a person having control over another person, whether committed within the country or cross-border, for the purpose of exploitation or which causes exploitation of a person.�7 The Law no. 21 of 2007 adopts a comprehensive approach to addressing trafficking in persons in Indonesia. Recent evidence indicates that the government of Indonesia is currently making significant efforts to eliminate Trafficking in Persons in Indonesia, however there are still stumbling blocks on the investigations, prosecution, and identifying the victims of Trafficking in Indonesia.

Firstly, as we have acknowledge, Human Trafficking is a complex crime, therefore, in the process of investigation, the police must have special skills in handling the cases of human trafficking. However, officials reported ineffective coordination among police,

4

Nathalina Naibaho, Op Cit. page 181 Prof. Dr. Harkristuti Harkrisnowo. Laporan Perdagangan Manusia di Indonesia. 2003. Sentra HAM UI. page 97 6 Farhana, dkk. Trafficking in Persons in Indonesia: A Review on Current Anti Trafficking Legislation Development. 2015. Journal of Law, Policy and Globalization. page 154 7 Article 1(1), Law of the Republic of Indonesia, Number 21 Year 2007 on the Eradication of the Criminal Act of Trafficking in Persons 5

prosecutors, and judges hindered the government’s ability to investigate, prosecute or convict the traffickers.8 Also, the lack of understanding and familiarity with the anti-trafficking law impeded successful prosecutions of the traffickers, or use other laws to prosecute traffickers.9 Secondly, acquiring information from a victim of the crime, and identifying the victims of trafficking has been one of the biggest challenges on prosecuting the crimes of trafficking in Indonesia. There are many victims who are reluctant to report the crime that happened to them. In some cases, people who have been trafficked have been conditioned by the traffickers to be fearful of authorities, made them think that they will be arrested, imprisoned, or prosecuted because of their illegal status or illegal activities.10 Also, according to the International Organization for Migration handbook, trafficked persons have suffered reprisals by their traffickers after they testified against them in legal proceedings. The reasons they commonly focus on is the safety of both themselves and their family, and the fear associated with being in the physical presence of the perpetrator.11 A trafficked person’s willingness to cooperate in criminal justice proceedings may also be influenced by their fear of being shamed or rejected by their family or community because of their trafficking experience.12 Other than that, one of the common things experienced by trafficked persons is that they are often a subject to traumatic experience which causes them to suffer trauma when they have to report, or give statements to authorities. With that in mind, it is common for individuals who have suffered trauma to provide inconsistent statements, and may be targeted by the defendant’s counsel in court for giving inconsistent statements, and potentially increasing their trauma.13 In regard with the issues on investigation and prosecution, the government should

8

US Department of State: Office to Monitor and Combat Trafficking in Persons. 2016 Trafficking in Persons Report: Indonesia: Tier. Accessed from https://www.state.gov/j/tip/rls/tiprpt/countries/2016/258785.htm, at 8.22 am, April 26th, 2017.

9 Ibid.

10 Hannah Andrevski, et al. Barriers to Trafficked Persons’ Involvement in Criminal Justice Proceedings: An Indonesian Case study. 2013. Australia: Australian Institute of Criminology: Trends & Issues in Crime and Criminal Justice. page 2 11 International Organization for Migration (IOM). The IOM Handbook on Direct Assistance for Victims of Trafficking. 2007. Geneva: IOM 12 Hannah Andrevski, et al. Op Cit. page 3 13 Hannah Andrevski, et al. Op Cit. page 6

provide training for judges, prosecutors, police and social workers on the anti-trafficking law so that the enacted law on anti-trafficking can be implemented to the maximum. There also should be an increase in resources for anti-trafficking taskforce and improve its coordination amongst law enforcement officers, and increase the amount of time allowed to investigate cases of human trafficking.14 Each of the issues stated above may form a lack of trust from the victims of Trafficking in Persons towards the criminal justice officials and the system in general. Therefore, there should be a good bridging initiated between the trafficked persons and the criminal justice officials by enacting provisions ensuring that the people who have been victimized are not criminalized, and is given adequate protection and support for the people who have been trafficked.15 This can be done by ensuring the victims are treated with respect and supporting them through their involvement in proceedings, not just as elements of humanitarian response, but also to enhance their cooperation with the criminal justice proceeding, such as by ensuring the shelter of victims of domestic violence, or undocumented immigrants, medical attention for individuals who have acute physical health, and psychological support and counseling for those who suffers from acute psychological health resulting from abuse, providing legal aid or legal assistance by the Integrated Service Center for Women and Children, and social life skills training.16 According to the Progress Report in Criminal Justice Responses to Trafficking in Persons in the ASEAN Region, Indonesia has established a specialist anti-trafficking unit within the national police force, and has also introduced specialist police units, known as Ruang Pelayanan Khusus, which are operated by female police officers in provincial and district police departments to work on cases involving women and children.17 Therefore, a strong legal framework is essential to an effective criminal justice response to trafficking, meaning to have a strong legal framework is having a clear guidance

14

US Department of State, Op Cit. Hanna Andrevski, et al. Op Cit. page 4 16 Nexus Project Team. Directory of Services for Indonesian Trafficking Victims and Explotited Migrant Workers. 2016. Nexus Institute in Partrnership with Kementrian Pemberdayaan Perempuan dan Perlindungan Anak RI, and Kementrian Sosial RI. 17 Association of South East Asia Nations (ASEAN). Progress Report on Criminal Justice Responses to Trafficking in Persons in the ASEAN Region. 2011. Jakarta: ASEAN. 15

on the spectrum of crimes associated with trafficking, having clear definitions on what is human trafficking, enacting appropriate and proportionate penalties, last and most importantly providing support and access to remedies for people who have been trafficked.

With that in mind, Human Trafficking in Indonesia should be undertaken comprehensively through law enforcement mechanisms. It is hoped that with the enactment of the Law No. 21 of 2007 on ECATIP, Indonesian law enforcement officials are able to cope with human trafficking issues occurred, with an effective mechanism in preventing and countering the reprehensible trade of human beings in Indonesia.

Bibliography Transnational Organized Crime is when an offence is transnational in nature and involves an organized criminal group. (Article 3(2), UN Convention Against Transnational Organized Crime and The Protocols Thereto) Universal Declaration of Human Rights.

Nathalina Naibaho, Human Trafficking in Indonesia: Law Enforcement Problems. 2011. Indonesia Law Review Prof. Dr. Harkristuti Harkrisnowo. Laporan Perdagangan Manusia di Indonesia. 2003. Sentra HAM UI. Farhana, dkk. Trafficking in Persons in Indonesia: A Review on Current Anti Trafficking Legislation Development. 2015. Journal of Law, Policy and Globalization Law of the Republic of Indonesia, Number 21 Year 2007 on the Eradication of the Criminal Act of Trafficking in Persons US Department of State: Office to Monitor and Combat Trafficking in Persons. 2016 Trafficking in Persons Report: Indonesia: Tier.

Accessed from https://www.state.gov/j/tip/rls/tiprpt/countries/2016/258785.htm Hannah Andrevski, et al. Barriers to Trafficked Persons’ Involvement in Criminal Justice Proceedings: An Indonesian Case study. 2013. Australia: Australian Institute of Criminology: Trends & Issues in Crime and Criminal Justice International Organization for Migration (IOM). The IOM Handbook on Direct Assistance for Victims of Trafficking. 2007. Geneva: IOM Nexus Project Team. Directory of Services for Indonesian Trafficking Victims and Explotited Migrant Workers. 2016. Nexus Institute in Partrnership with Kementrian Pemberdayaan Perempuan dan Perlindungan Anak RI, and Kementrian Sosial RI. Association of South East Asia Nations (ASEAN). Progress Report on Criminal Justice Responses to Trafficking in Persons in the ASEAN Region. 2011. Jakarta: ASEAN.