Trafficking in Persons (TIPs) is a global concern, and Bhutan is no exception. But detecting and proving this crime is a challenge for law enforcement agencies due to the complex and sophisticated Modus Operandi (mode of operating). Towards building the capacity of detecting and identifying the TIPs’ case and render fair justice, two-day training for judges and judiciary officers was conducted in Punakha which ended today.
As a part of its mandate to safeguard, uphold and administer justice, the Judiciary has an important role to play in curbing the TIPs crime by rendering fair justice for public awareness and deterrence. However, due to a lack of appropriate and adequate legal tools, awareness and professional capacity is a major challenge to the judicial officials. The training aims to equip the judicial officials to establish a criminal justice system that respects and restores the human rights and needs of the trafficked victims rather than exclusively punishing the criminals.
It will also help to enhance the skills to adequately detect trafficking cases, identify trafficking victims and implement anti-trafficking legislation in line with national laws and international standard.
“It is extremely difficult to identify and detect the act of TIPs. If it is detected properly, the evidence will come out naturally where we can implement the laws without any hesitation. So, it is very difficult to prove and say that this is the actual act of TIPs while investigating the case,” said Pema Needup, the Director-General of the Bhutan National Legal Institute (BNLI).
Following Royal Command, some 130 Bhutanese women were rescued from Iraq last year. They were trafficked by local and foreign agents in collusion.
“The main challenge that we face in such a crime as TIPs is ‘evidence’. If you look at some of the recent cases which have come out in the media, all these cases are out of the country and we do not have the capacity and resources to go out of the country and gather evidence. Even if it is a case, which happened in the country, it is very difficult for us to gather the right kind of evidence, which will without any doubts prove in a court of law that this is TIPs’ case,” said Tandin Wangmo, the National Project Coordinator of the United Nations Office on Drugs and Crime.
“As per the record with the Royal Bhutan Police, about 12 cases have been reported in the country so far. Eight cases have been forwarded to the Royal Court of Justice for prosecution. Among eight, seven cases are found to have passed the judgment on TIPs,” said Karma Dorji, the Offtg. Chief of the Department of Law & Order under the Home Ministry.
A Training Module on TIPs was also launched at the opening event yesterday. The module would help to understand the clear definition of TIPs and its elements to prove the crime. Likewise, it can also serve as a court proceeding guideline to deliver fair justice for TIPs’ case.
In order to build a common understanding and interpretation of TIPs case, similar training was also given to the Royal Bhutan Police and the Office of the Attorney General with different level as per their enforcement process.
“Different law enforcement agencies were interpreting it differently. And also for a case to be really presented in a court of law, evidence has to be substantial. Now that we have built the capacity of the police, the OAG and the immigration officials, and finally the judges, we are hoping that interpretation of the law will be the same across all these agencies and how we deliver service to the victims of trafficking will be more sensitive and these people will be able to get justice soon,” the National Project Coordinator of the UNODC said.
TIPs cases are condemned as a gross violation of human rights and a transnational organised crime, which targets (but not limited to) women and children. According to a press release from the BNLI, the country is beginning to feel the nudges of this organised crime with more number of human trafficking cases being reported over the past few years. As per the release, it is important to recognise the serious repercussions of TIPs and ensures timely interventions to combat it. It is highlighted that ‘Prevention and Protection of the people from falling victim to this crime is the need of the hour.”
Similar training will also be replicated for other judges and judiciary officers of the east and southern regions. The training is organised by the BNLI and the Department of Law and Order with support from the United Nations Office on Drugs and Crime.
Changa Dorji, Punakha
