At the Regional Ministerial Conference on People Smuggling, Trafficking in Person and Related Transnational Crime, held in Bali from 26-28 February 2002, Ministers agreed to form two Ad Hoc Experts' Groups to implement the recommendations of the Conference, which included:

• improving the cooperation of law enforcement agencies to enhance deterrence and to fight against illegal immigration networks;
• adopt and strengthen legislation, as appropriate, that specifically criminalises people smuggling and trafficking in persons;
• developing more effective information and intelligence sharing arrangements within the region.

Ad Hoc Experts' Group II was formed with the objective of improving cooperation of law enforcement agencies, and to adopt and" strengthen legislation to combat people smuggling and trafficking in persons. Thailand was chosen as coordinating country of this Experts' Group and appointed Police Major General Krerkphong Pukprayura of the Royal Thai Police to be the coordinator.

The Experts' Group held a planning meeting in Bangkok from 13-14 June 2002 to develop a program of activities. At Bangkok, participants agreed that priority should be given to the drafting of a set of "elements" to assist states to strengthen legislative arrangements and law enforcement practices:

Two workshops were subsequently held. The first workshop examined the topic of legislative development and was held in Port Dickson, Malaysia from 23-25 September 2002. The second workshop focused on the subject of law enforcement and travel document fraud, and was held in Shenzhen, China from 25-28 November 2002. The workshops developed plans of action which have provided guidance for countries to achieve concrete outcomes in furtherance of the objectives of the Regional Ministerial Conference.

Participants met again in Tokyo from 1 0 - 11 March 2003 to review the progress made by the Experts' Group, report on concrete outcomes, set a framework for future activities and establish a Plan of Action into the future.

The meeting decided to take forward the outcomes of the Bali Regional Ministerial Conference through the development of standards in key areas. These standards would provide a means for countries to assess their positions and to identify areas in which capacity building is needed. The identification of standards in key areas of policy, law enforcement and legislation would represent a tangible, constructive and forward-looking way of advancing the Bali Ministerial Conference outcomes.

The Experts' Group agreed to hold workshops to examine law enforcement and legislative aspects of combating people smuggling, trafficking in persons and related transnational crime. These workshops allowed experts from across the region to share their national experiences in combating these crimes, to highlight the importance of cooperation in combating these crimes (given their transnational nature) and to consider the requirements at legislative and operational levels to be able effectively to combat these crimes.

As part of the discussions on law enforcement, the meeting also decided to develop background standards papers as a basis for further discussion on the following topics:

• document security/examination

• intelligence and information exchange

• technology

This workshop was a valuable opportunity for legislative and immigration experts to discuss what is required in legislation effectively to combat people smuggling, trafficking in persons and related transnational crime. Participants recognised that all states should make best endeavours to criminalise these serious crimes. Because these crimes almost always cross borders, countries also recognised the need for close cooperation, and for legislation to facilitate that cooperation.

Reflecting these discussions, participants developed three sets of Key Elements that are required in legislation to:

• effectively prosecute people smuggling;

• effectively prosecute trafficking in persons; and

• effectively investigate and cooperate in combating people smuggling, trafficking in persons and related transnational crime.

These sets of Key Elements will assist states in developing comprehensive, consistent legislation to combat these crimes. The Elements will also assist states in examining and strengthening existing legislation.

Participants also developed six strategies to encourage states to strengthen their national legislation by implementing these Key Elements:

• Complete the survey on self-assessment of existing legislative measures which had been distributed at the planning meeting held in Bangkok.
• Establish National Committees composed of relevant government agencies.

• Compile information on national legislation.

• Examine existing national legislation against the key elements, including procedural laws and rules of evidence, to identify opportunities to strengthen that legislation.

• Cooperate in the drafting of new legislation criminalising people smuggling and trafficking in persons.

• Develop outreach activities to increase cooperation and contact with relevant international bodies such as InterPol, ASEANPol, PacRIM, ICAO and commercial carriers.

In relation to law enforcement, six key areas were designated. These were further refined to concentrate on the areas of:

• Operational Cooperation and Investigation

• Identity Verification and Document Examination

• Technical and Capacity Requirements for Effective Enforcement

These three topics were considered at a workshop, hosted by China in Shenzhen, PRC, from 25-28 November 2002. Each delegation provided an overview of the situation in their country and the law enforcement arrangements which had been established to address the problem of trafficking, smuggling and related transnational crime. The workshop also included a briefing on arrangements in the Hong Kong SAR to combat illegal migration. The Bangkok-based Immigration Control Experts (ICE) team, represented by Australia and the United States, conducted a practical training program on document examination and identity verification. Participants also inspected the Huang Guang land border crossing between Shenzhen City and the Hong Kong SAR.

At Shenzhen, countries were asked to identify their capacity building needs in the following areas: the continuing development of human resources, the development of national networks/databases, the establishment of effective national intelligence systems, document fraud training, the establishment of a document laboratory, and a review of border control systems.

Participants again met in Tokyo on 10-11 March 2003, to review the progress of the Experts' Group over the past year, and to consider the future of the Experts' Group process. Participants focussed on the concrete outcomes that had been achieved over the past year, which have been recorded in this report.

Participants also considered whether there was value in continuing the work of the Experts' Group, and if so what objectives the Experts' Group should pursue and the process for achieving these objectives. The recommendations of the Experts' Group participants of the future of the Experts' Group is also recorded in this report.

• A majority of the countries have responded to the survey on self-assessment of existing legislative measures. The responses can be viewed on the Bali process website, at www.bali12.com, along with other relevant country information. These responses form a valuable resource for assessing the coverage of legislation in the region, the ability of states to provide legal cooperation in combating these crimes, and to assess capacity building opportunities.

• Since the Regional Ministerial Conference, a number of states which had not already done so have established national committees to strengthen national networks and cooperation between law enforcement agencies. Additionally, most states have submitted a national focal point for these issues which can be accessed via secure login on the Bali process website.

• Information on relevant legislation or links to copies of legislation from a number of participating countries has been published on the Bali process website.

• A significant number of states have amended their existing legislation to strengthen the provisions and penalties against people smuggling and trafficking in persons.

• Since the Regional Ministerial Conference, many states have enacted criminalising legislation. Model legislation has also been developed which will assist other regional countries in criminalising these 'activities. Many more countries have indicated that they are in the process of introducing legislation criminalising people smuggling and trafficking in persons.

• Many states have indicated a growing involvement with other relevant regional and international fora on these issues, including the Asia Pacific Consultations on Refugees, Displaced Persons and Migrants (APC), ASEAN, the Pacific Islands Forum and APEC.

• Since the Regional Ministerial Conference, several participating countries have instituted measures addressing identity verification and document examination, and effective enforcement. These measures include, inter alia, more advanced passport and visa technologies, including the introduction of machine-readable passports; enhanced national identification card systems; increased entry/exit surveillance and inspection at border crossings; and the establishment of investigation units at airports.

Participants agreed on the need to continue the work begun under the Bali Process.

Participants recognised that the Ad Hoc Experts' Groups have focussed the work of the Process and have produced a series of concrete outcomes of regional significance in a short period of time.

Participants recognised that Ministers may not continue to meet on an annual basis. In light of this, participants recommend that it would be useful to convene an annual meeting of senior officials to review the progress of the Experts' Groups over the past year and set the strategic direction for the coming year. While these meetings will consist of senior officials, participants recognised the need to ensure that Ministers were kept informed and involved in the Process.

While participants strongly supported continuing the Experts' Groups, the existing coordinators of those groups will not be able to continue in their roles indefinitely. At the review meeting, participants noted their appreciation for the efforts of the two coordinators but noted the need to identify new coordinators to continue to guide the work of the groups,

Participants accepted that the continuation of the work of the Bali Process and the Experts' Groups will require administrative support and secure funding. Core funds will be required for the administrative support and for the additional project activities which participants task the Experts' Groups to undertake each year. Participants recognised the value of an informal, flexible Bali process.

The group noted the process being coordinated by the APC coordinator, for the strengthening of the APC.