Report of Ad Hoc Experts Working Group 1

At the Regional Ministerial Conference on People Smuggling, Trafficking in Persons and related Transnational Crime held in Bali in February 2002, Ministers established two ad hoc experts groups. Each group was asked to focus on concrete steps to implement elements of the First Bali Ministerial Co-Chairs' Statement. Ministers agreed to review this work when they meet in 2003.

This report outlines the activities of Ad Hoc Experts Group 1 (AHEG1), coordinated by New Zealand. Its task was to strengthen regional and international cooperation to combat these problems. The report suggests how work initiated by AHEG1 can be taken forward.

Officials met in the margins of the Ministerial meeting at Bali. There was a consensus that:

• Work/communication should be conducted by e-mail.

• Meetings should be conducted around the margins of existing activity.

• No new institutions should be created.

• Activity would conclude after the second Ministerial meeting.

The Foreign Ministers of Thailand and New Zealand as coordinators of AHEG 2 and AHEG1 wrote to counterparts and invited countries to name a person who would act as the country coordinator for each AHEG.

The experience of AHEG1 was that this process and communication by email did not work very well. Consultations among agencies in Geneva and visits to some capitals revealed that:

• Entities and organisations tend to have a "silo mentality"; cooperation between silos within countries is not automatic. People in organisations tend to communicate with people in the same organisation. It takes time to build communication across all organisations dealing with similar issues; it takes more time to build meaningful and broad-based cooperation between countries.

• Other regions have similar processes, such as the IGC, Budapest Process and Puebla Process. Each has a permanent secretariat.

• The experience of other similar processes was that cooperation should be encouraged to begin from a low common denominator, and expand and deepen as trust builds over time.

AHEG1 met in Bandar Seri Begawan, Brunei Darussalam on 16-17 September 2002 to formulate a Plan of Action, setting out practical activities to strengthen regional and international efforts to combat people smuggling, trafficking in persons and related transnational crime. Some countries agreed to coordinate individual projects. Details appear in Appendix 1.

While subgroups of AHEG1 met on various occasions, the AHEG1 met in Colombo, Sri Lanka on 13-14 March 2003 to review progress in implementing the Plan of Action and to prepare recommendations for Ministers' consideration.

In Colombo participants reaffirmed that cooperation between their countries was non-binding.

REVIEW OF ACTIVITIES

Activity 1: Strengthening and developing regional and national information sharing to combat people smuggling, trafficking in persons and transnational crime

1.1 Booklet on national organisation to deal with people smuggling issues (coordinated by New Zealand)

The booklet describes how States participating in the Bali process are organised to deal with the issues posed by people smuggling, trafficking in persons and related transnational crime. The booklets contain information on:

• which agencies are involved;

• what roles and responsibilities each of them has;

• Head Office address, phone, fax and email details.

1.2 Cooperative activities in information sharing (coordinated by Japan)

Japan convened a small subgroup (Japan, Australia, Fiji, the Republic of Korea, New Zealand, Sri Lanka, Thailand and International Organisation for Migration) to coordinate and progress cooperative activities in information sharing.

The subgroup met in Tokyo on 14 November 2002 to discuss ways and steps for promoting information exchanges in an effective manner, adopt a Plan of Action on AHEG1 Information Sharing, and formulate a questionnaire to determine the circumstances of information sharing among Bali States.

• Questionnaires distributed.

• Information, including questionnaire responses, published on the Bali process web site.

• Information Exchange Meetings convened.

• Exploration of establishing a regional information network initiated.

The majority of responses to the proposed approach support the concept of proceeding with developing a system subject to legal and financial issues being addressed. Some countries were still considering the proposal, and another identified financial constraints as an obstacle to their participation. A similar initiative is under investigation by ICAO. The possibility of progressing the project through that forum is being investigated. This has the benefit of avoiding duplication of effort, and linking in to an international organisation best placed to implement standards.

The booklet describes initiatives in which participating States are involved at the bilateral, regional, and international level to exchange information about, or to support operational action against, people smuggling, trafficking in persons and related transnational crime.

Some countries have identified their appropriate needs to combat people smuggling and are being encouraged to seek help on a bilateral basis. Countries' Overseas Development Assistance programmes were identified as possible sources of capacity building and technical assistance (linked to Activity 2.3, which encouraged States to recognise opportunities for ODA funds to be used for good governance activity aimed at deterring people smugglers, trafficking in persons and related transnational organised crime).

2.3 Promoting "best practice" status determination procedures (coordinated by UNHCR and New Zealand)

A successful workshop was held in Bangkok 10-12 March. Twenty-three Bali states attended. The workshop developed a list of 'best practice' outcomes for consideration and implementation where appropriate. Details will be made available on the Bali process website.

3.1 Preparing information for regional countries to assist them in managing the returns of people who have no legal authority to remain in their territory (coordinated by Australia)

A questionnaire was distributed to all 38 Bali participants. Twenty-five countries responded. The information collected has been used to present a baseline analysis of the Asia and Pacific regions' current practices to manage returns.

The Government of the Republic of Korea conducted an evaluation survey on the effectiveness of public awareness campaigns. A report analysing responses to the survey will be delivered to all participating countries through designated Contact Points.

5.1 Developing interdepartmental committees to ensure national coordination (All states to action)

Some countries have established arrangements such as watch groups, Combined Law Agency Groups (CLAGs) and interdepartmental committees. These groups meet as and when necessary.

5.2 Raising the Bali agenda in other regional and international fora (All states)

The Bali process has been raised in the 2002 Pacific Island Forum communique; the 57th United Nations General Assembly resolution on crime prevention and criminal justice; 2003 Asia Pacific Parliamentary Forum (APPF) resolutions; the yth Annual Plenary Meeting of the APC; the Joint APC-IGC Meeting; and the Standing Committee of the UNHCR.

5.3 Analysing migration flows to, from and within the region (coordinated by Kiribati and 10M)

A paper has been prepared by Kiribati and 10M on issues around migration in the Asia Pacific region.

Following consultation with a range of international organisations and mindful of the sensitivities which exist among Bali process countries, New Zealand provided a report setting out its perception of the cross-cutting nature of tools used for the management of human movement whether legal, illegal or for protection, and highlighted opportunities to advance elements of international programmes for the benefit of the region.

UNHCR is preparing a paper outlining the elements of a comprehensive framework for international cooperation on the subject of mixed flows to be presented at Bali II.

At the first Regional Ministerial Conference in 2002, Ministers agreed that any further follow up required after the second Conference would be passed to existing regional and international mechanisms. The objective is to capture progress to date and use the momentum generated by the Bali process to enhance further cooperation within the region.

The organisational requirements for an effective follow-up process might include the following elements:

• Continuation of the working group process initiated by the two Ad Hoc Experts Groups (including the identification of new Coordinators)

• The establishment of a policy function (e.g. an annual meeting of senior officials, possibly at Director-General level)

• Policy coordination

• Administrative support

• A secure funding base

The Bali process has initiated a multilateral process to build on bilateral cooperation in the region. In addition to the specific achievements of the Ad Hoc Experts Groups, participants are developing the habit of consultation with one another and there has been a discernible increase in national coordination in a number of countries.

Participants in AHEG1 consider that the Bali process has contributed towards strengthening regional and international cooperation in combating people smuggling-, trafficking in persons and related transnational crime. They consider that the work program is useful and should continue as the Bali process offers a means to drive forward the practical implementation of the United Nations Convention on Transnational Organised Crime as it applies to people smuggling, trafficking in persons and related transnational organised crime in the region and internationally. Any further action would continue to be based on the voluntary, non-binding characteristics of the Bali process.

Participants in AHEG 1 recommend that:

• Another three modules on public awareness campaigns, capacity building and root causes be produced to build and enhance cooperation between countries (1.1/2.1)

• Each country supporting the Bali process nominate one reliable point of contact for cooperation and coordination in capitals to deal with people smuggling issues. This contact should be posted (and kept updated) on the members' page of the Bali process website - www.bmw-2.com (1.1/2.1)

• Ministers agree to the continued development and maintenance of the Bali process website, subject to appropriate funding arrangements, in order to increase information sharing amongst members. (1.2.2)

• Ministers establish arrangements in capitals to improve inter-agency coordination in combating people smuggling and trafficking. Consideration might also be given to involving local representatives of Bali participating countries, including representatives of enforcement agencies. (1.2.3)

• Ministers support and facilitate, through a matrix of bilateral and multilateral agreements, the timely exchange of intelligence on people smuggling, trafficking in persons and related TNOC. (1.2.4)

• Ministers support the possible development of a regional information network, as has been progressed under Japan's coordination of a subgroup. Any post-Bali II regional information network should maintain inter-regional links in this area. (1.2.5)

• Ministers support the development of legislation and enabling arrangements for the timely electronic exchange of lost and stolen passport information on a regional basis. (1.3)

• Ministers acknowledge that some participants face impediments to progress towards meeting the aims of the Bali process, therefore participants are encouraged to identify and prioritise their needs to combat people smuggling, trafficking in persons and related transnational crime. Ministers invite participants to publicise the avenues they have available through which these needs might be addressed. (2.2)

• Ministers reaffirm that UNHCR is willing to conduct another training and capacity building exercise on "best practice" status determination procedures within the next 12 months. (2.4)

• Ministers encourage the development of model agreements to cover return and readmission and/or the review of existing agreements;

• Ministers encourage their governments to enter into bilateral and multilateral agreements to facilitate return and readmission;

• Ministers encourage the establishment of a clearing-house of legislation, regulations and agreements that facilitate return and readmission, and have this information made available on the Bali process website. (3.1)

• Ministers commend the government of the Republic of Korea for its stated intention to hold a workshop in Seoul later this year to develop measures and common standards including a regional pilot project for public awareness campaigns. (4.1/4.2)

• Those countries with an interest in developing a regional approach to mixed flows continue to work together. (6.1)

• Recognising that all illegal migration undermines states' sovereignty and their capacity to benefit from the orderly movement of people and states' capacity to meet those international obligations which each country has chosen to accept; and

• Noting renewed resolve by the international community to address these challenges through international cooperation, and acknowledging that Asia-Pacific states can contribute to that international effort, Ministers agree:

• registration

• biometrics

• measures to detect document fraud

• information-sharing mechanisms and public awareness campaigns

• readmission and return arrangements

• develop arrangements and strengthen capacity to enable states to meet their individual international obligations. (6.1 )

• Ministers agree to continue and enhance further the co-operation that has developed in the region on combating people smuggling, human trafficking and related transnational crime and that the work begun under the Bali process should be continued. (7.1)