Irish Centre for Human Rights Blog

Guest post: Favour Offia is a researcher working on an Irish Aid and Irish Research Council COALESCE project on Human Trafficking, Forced Migration and Gender Equality in Uganda. The project is a collaboration between the Irish Centre for Human Rights, at the School of Law in NUI Galway, and the Refugee Law Project at the School of Law, Makerere University, Kampala.

On the 25^th of June 2020, the U.S.A.  Department of State announced the release of the 2020 US Trafficking in Persons Report (US TIP Report). Since publishing the first TIP report in 2001, the Report has been a tool by which the US government has sought to influence states around the world in relation to anti-trafficking law and practice. Despite being a global anti-trafficking report, the US TIP report does not base its assessment of states on the Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000). Rather it uses the minimum standards set by the US Trafficking Victims Protection Act (TVPA) 2000. Hence, the TIP Report is often viewed as a US diplomatic tool to engage with foreign Governments on human trafficking. The TIP Report also implements a sometimes controversial 5 level ranking system, which is based on states’ compliance with the minimum standards of the TVPA. States are ranked as Tier 1; Tier 2; Tier 2 watch list; Tier 3; and finally, Special Case.

The US TIP report is important to those working to combat and to prevent human trafficking. However, the 2020 Report carries a different importance owing to its release in the middle of a global pandemic that has far reaching implications for human trafficking. The United Nations Office for Drug and Crime (UNODC) and the UN Special Rapporteur on trafficking in persons especially women and children, have indicated that the impact of the COVID-19 pandemic, as well as the implementation of certain restrictions to flatten the curve of infections, may exacerbate risks of exploitation and vulnerability to human trafficking. Hence the 2020 TIP Report can be read as a preliminary assessment of the readiness of states to respond to human trafficking effectively, during and post COVID-19.

In addition to the general importance of the 2020 Report, the Report is especially relevant for Uganda. For the first time since the start of the reporting in 2001, Uganda was downgraded from Tier 2 to Tier 2 watch list, a rating reserved for countries that do not fully meet the TVPA’s minimum standards.

The findings of the 2020 Report highlight inconsistencies in the Ugandan government’s approach to trafficking in persons.  The 2020 Report recognised Uganda’s effort in implementing the 2009 Prevention of Trafficking in Persons (PTIP) Act, investigating and prosecuting alleged traffickers, investigation of alleged complicit government officials and, the creation of a specialised anti-trafficking department within the Ugandan Police Force (UPF). Despite these positive initiatives, the anti-trafficking efforts of the Ugandan government were assessed as being considerably less than during the previous reporting periods.

The Government again failed to ratify the Palermo Protocol or to rectify the inconsistencies in its domestic anti-trafficking legislation. The 2016 Children Act still uses a definition of child sex trafficking that requires “force, fraud or coercion”, in the ‘means’ element of the definition, which is inconsistent with both the Palermo Protocol and the PTIP Act. In addition to having separate definitions of child trafficking for sexual exploitation, the Children Act prescribes significantly lesser punishments for offenders than the PTIP Act. This inconsistency creates gaps in the prosecution and sentencing of child trafficking cases, contributing to a climate of impunity and heightened risks for children, particularly those who may be separated from parents or guardians.

The TIP Report also highlights continued weaknesses in the training initiatives undertaken. In July 2019, the UPF announced the creation of the Anti-Trafficking in Persons Department with 250 officers working on anti-trafficking across the country. However, despite the inclusion of human trafficking in the training curriculum for police and immigration officials, the Government failed to conduct any anti-trafficking training for front-line officials in the reporting period. This, it is reported, has led to the lack of coordination between law enforcement bodies and the Public Prosecutor’s office, often resulting in the failed prosecution of human trafficking cases. Again, these failings contribute to a climate of impunity for what is now recognised – at least on paper – as a serious human rights violation, and serious crime.

Adding further to concerns raised, the Government reported a drop in the investigation and prosecution of trafficking cases from the previous period, but also recorded an increase in the number of convictions secured for the crime of trafficking in persons. The partnership between the Human Trafficking Institute and the Ugandan government is a positive step in the right direction, but the Report notes that further steps are needed to intensify efforts in training law enforcement officials.

Like the previous years, there were no provisions for victim-witness protection, leaving victim-witnesses vulnerable to re-traumatisation, blackmail, and risks of re-trafficking or reprisals. Reports indicated the inadequate and inconsistent availability of support services for victims / survivors. Despite the availability of legal provisions to protect the identity of victims during court hearings, such provisions were not utilised. This failure to ensure a key protection mechanism for victims – witnesses often discouraged victims from participating in both the investigation and prosecution of trafficking crimes.

Claims of corruption and complicity of government and law enforcement officials in trafficking crimes persisted, including allegations of ownership of some of the labour recruitment agencies involved in human trafficking by high ranking government officials. Despite launching investigations into these corruption allegations, the Government did not report on the progress of the investigations.

According to the 2020 Report, the government intercepted over 2,300 potential victims of transnational trafficking preparing to depart for countries assessed as high risk for trafficking in persons. No report was given of any referrals of victims or potential victims to NGOs or international organisations, for support services. In addition to identifying potential victims of transnational trafficking in Uganda, 2,384 Ugandans were identified as victims of transnational trafficking abroad. However, it is unclear if the identified victims were participants in Uganda’s Labour Externalisation program. Neither were there any investigations as to why and how they became victims of human trafficking, or whether labour recruitment agencies were involved in their recruitment at any stage.

The TIP Report concludes that the Government also failed to protect the rights of Ugandan migrant workers in destination countries. Despite signing bilateral labour agreements with the UAE, Saudi Arabia and Jordan, the Report contends that the labour agreements provide insufficient protection for Ugandan nationals abroad. This concern is exacerbated by the absence of a government labour attaché office in destination countries, and although there is a Ugandan labour attaché for Saudi Arabia, the post is sponsored by a private sector entity – the Ugandan Association of External Recruitment Agencies (UAERA).

Despite the commitment made to a human rights based approach to combating trafficking, assistance to Ugandan national victims in destination countries remains weak. Despite the identification of victims of transnational human trafficking, the absence of embassies in destination countries and the lack of capacity in available embassies hindered the ability of the Ugandan Government to provide support services. Although the Government provided replacement travel documents to identified victims, NGOs and international organisation often funded the repatriation to Uganda. While partnerships with NGOs and international organisations were in place to provide support services, no disaggregated data was provided for the purposes of the TIP report on victim / survivor referrals for assistance.

Finally, child trafficking has remained a serious concern in Uganda, as elsewhere. Particular concerns have been raised in relation to children in street situations, mirroring concerns raised at UN and regional levels. IN 2019, in an attempt to reduce the exploitation of children in street situations, the Government enacted the Kampala Child Protection Ordinance, which criminalises the giving of money, food, or clothing to children in street situations, as well as child begging, soliciting, vending, or hawking. Explaining the rationale behind this Ordinance, Kampala’s deputy Mayor Sarah Kanyike commented:

“All along we have had no law governing these children. This bill provides for protection of children against certain forms of exploitation and sexual abuse. We have put [in place] penalties for the offenders.”

However, although well intentioned, the Ordinance risks only addressing the visible symptoms of a far greater problem. Most of the children living in street situations in Kampala are from the Karamoja region in North-eastern Uganda. The region has experienced frequent famine in the past and according to a 2016 Uganda National Household Survey, has some of the worst economic and social indicators in the country. Criminalising giving of money or other items of food or clothing to children in street situations, without addressing root causes or recognising the continued reality, of extreme poverty, may prove counteractive to the ‘protection’ mandate of the Ordinance. The 2020 Report recognises that some steps are being taken to provide protection and shelter for children in street situations in Kampala. Concern remains, however, that the 2019 Ordinance may create situations where children could face heightened risks of exploitation.

Finally, the 2020 TIP Report notes the critical role played by civil society in Uganda in providing support to and assistance to victims / survivors of human trafficking. Civil society organisations continue to be very active in anti-trafficking action both in Uganda and across the East Africa region, but with limited support and resources. As is noted in the Report, however, leaving the repatriation of identified victims of human trafficking to NGOs and international organisations, drastically limits the number of victims that can be assisted, given the limited resources available. Without assistance in repatriation, and the provision of social protection measures, the risks of re-trafficking and continued exploitation remain.

The current downgrade to Tier 2 watch is a reality check, and a reminder that more comprehensive and sustained action is required by the Government.