The National Migration Policy and its implementation framework: A precursor for a more effective migration governance in Nigeria

Uche Hilary-OgbonnaAuthor: Uche Hilary-Ogbonna

Humanitarian Affairs Officer, United Nations Office for the Coordination of Humanitarian Affairs, (UN OCHA) Abuja

Legal frameworks are the bedrock for any effective management system. They underscore the importance of articulating a set of aspirations in concise directives and regulations, offering guidance to the myriad of field operatives and interventions in the varied sectors of migration management, development or the society at large. For the migration sector in Nigeria, it has been a long, tough journey to the adoption of the National Migration Policy and its implementation framework. The Policy is widely considered a breakthrough piece of legal document which came to fruition on account of years of toil by a host of government functionaries, development actors, the academia and civil society organizations.

The Policy comes at a very important time in the global migratory scene with the rise in international migration across the Mediterranean resulting in multiple deaths. With over 170 million citizens, Nigeria is important in migration management as a country of origin, transit and destination for migrants. Nigeria faces challenges such as effective diaspora engagement and remittances, inter-regional, rural-urban migration flows, migration of highly skilled and unskilled labour, data generation, as well as trafficking in persons to mention a few.

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What we need to succeed in the fight against human trafficking

monique_esmerAuthor: Monique Emser
Research Associate, Department of Criminal and Medical Law, University of the Free State, South Africa

World Day of Social Justice – Ending human trafficking and forced labour: 20 February 2015

While there is evidence to suggest that some trafficking networks in South Africa are transnational, exhibiting professional and entrepreneurial business structures and methods of operation, reported cases of human trafficking in South Africa to date tend not to be affiliated with large, sophisticated criminal networks. Rather, they involve opportunistic individuals or families who are loosely coupled in temporary arrangements with criminal syndicates and co-conspirators in points of origin and transit.

Small-time traffickers and their co-conspirators often ‘piggy-back’ on existing criminal networks involved in migrant smuggling or drug trafficking, using established transportation routes to hide their activities. Highly organised trafficking networks, on the other hand, have evolved to such an extent that some even exhibit professional structures and employ legal companies as a front for their illegal activities.[1] It is this flexibility and mobility of organisation which makes trafficking networks so difficult to detect and dismantle.

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Factors inhibiting the identification and investigation of human trafficking cases

monique_esmerAuthor: Monique Emser
Research Associate, Department of Criminal and Medical Law, University of the Free State, South Africa

World Day of Social Justice – Ending human trafficking and forced labour: 20 February 2015

Law enforcement efforts have failed to keep pace with the mutable phenomenon of human trafficking despite the fact that it is regarded as the fastest growing and second most profitable criminal enterprise after drug trafficking.

The biggest challenge facing law enforcement in human trafficking cases is finding victims and their traffickers in the first place, since human trafficking involves the movement and concealment of victims.

Victims of human trafficking often do not self-identify as such. There are numerous reasons for this. Some victims may have consciously engaged in illicit activities, such as undocumented migration into the Republic or engaging in sex work. In such cases, ‘victims are unlikely to report their victimisation to the police or seek help from service providers.’[1] Where trafficking occurs within diaspora communities, self-identification and reporting to the police are even lower.

Others are too traumatised by their experiences and remain in denial. Distrust of law enforcement, fear of retaliation by traffickers, a lack of understanding of basic rights, are further inhibiting factors in relation to victim cooperation and investigation.

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Human trafficking investigations and victim identification

monique_esmerAuthor: Monique Emser
Research Associate,  Department of Criminal and Medical Law, University of the Free State, South Africa

World Day of Social Justice –  Ending human trafficking and forced labour: 20 February 2015

The identification and investigation of human trafficking cases is perhaps one of the most challenging and complex activities facing law enforcement and prosecution in South Africa, and the African region.

Despite new laws, widespread awareness-raising, the formation of specialised multi-agency task teams, and training of key public officials, little inroads have been made in combating and preventing trafficking. Indeed, the number of reported cases and victims assisted remain low, while the prevalence of trafficking appears to be increasing. Human trafficking remains a hidden crime which obviates simple solutions.

Comprehensive and socially inclusive counter-trafficking legislation which is victim-centred is a vital component for effective counter-trafficking governance. While South African anti-trafficking legislation was signed into law in 2013, it is yet to commence. Human trafficking remains partially criminalised. Prosecution of the crime, and victim assistance, is reliant on a transitional and inchoate legal and policy framework. The slow pace to bring the new law into force has several implications for law enforcement, prosecutors and service providers who are beginning to confront the problem at both national and local levels.

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A hijacked youth that wants to go home

thato_motaungAuthor: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria

International Youth Day: 12 August 2014

Blurred lines come to mind when defining the word “youth” in Eritrea.

There are multiple global ranges afforded to the term “youth”; the United Nations (UN) declares a range of 15 to 24 years old, and the African Youth Charter settles for 15 to 35 years of age. One common definition is to observe youth as a transitional phase from dependent childhood to independent adulthood, a time when parental guidance and experience are equipping children with the tools to construct an independent adult self.

When interviewing young people who left Eritrea, it troubles me that I cannot capture that moment, that space reserved for such transition. I asked 18 year old Hermon* when she first recalled hearing about the compulsory national service introduced in 1995, which systematically recruits people from the ages of 18 to serve their country. Her response was:

I knew what national service was when I was eight years old because there was a round-up [known as giffa] and they took my mother during the night.

By the time Hermon was 12 years old, her mother came to her at night and asked if she would be prepared to “take a long and difficult trip”. She agreed, not knowing that what lay ahead was three days and nights of travel to arrive in Khartoum, Sudan and live for four-years as a member of a nameless, faceless and poor refugee mob. Hermon did not comprehend the risk she and her mother took: the risk of being detained for desertion or the risk of becoming victims of the ‘shoot to kill’ policy at the borders. At 12 years, she could not have possibly understood but saw the fear in her mother’s eyes, who arranged this journey for her daughter so she would never have to go to Sawa or any other military training camp.

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