Local authorities clarify alleged trafficking in persons By Laura Pillay |18 January 2024
The press conference (Photo Joena Meme)
The CID division of the Seychelles Police Force investigated 46 cases of Trafficking in Persons (TIP) in 2023, four of which relate to labour exploitation, and two sexual exploitation cases.
Investigations are still ongoing in the labour exploitation cases, while the sexual exploitation matters are still before the courts, Corporal Betty-May Lesperance from the CID explained during a press conference yesterday morning.
The remaining 40 cases have been referred either to the department of Immigration and department of Employment, as the police failed to establish the TIP element.
According to Sergeant Davis Simeon, TIP extends beyond labour exploitation cases, and may also include sexual and drug-related exploitation. The CID has recently observed the emergence of new trends, whereby children are being exploited for financial gains, he said.
In addition to complaints received directly from victims, the police investigate and prosecute referrals from the other agencies represented on the National Coordinating Committee on TIP, and from non-governmental organisations (NGOs).
As per the Prohibition of Trafficking in Persons Act 2014, three elements must be satisfied for TIP cases, namely, the act (what is done), means (how it is done) and purpose (why it is done). However, in TIP cases where children are the presumed victims, only the means and purpose elements must be satisfied.
“New trends are emerging. It is an offence which generates a lot of money, so it is continuously increasing,” Mr Simeon stated.
There is reason to believe that a significant number of cases remain unreported, especially cases relating to sexual exploitation and child exploitation.
To tackle the increase, the police are increasing human resources, and amping up efforts to raise awareness among potential victims. They also hope to detect more cases through the Cybercrime unit, which will be operational in the near future.
Chairperson of National Coordinating Committee on TIP, Linda William-Melanie, expressed that there is a tendency to categorise the vast majority of labour-related issues as TIP, although this is not necessarily the case.
The Ministry of Employment and Social Affairs, which is also represented on the committee, is often the first agency receiving the employment-related complaints, and is tasked with the responsibility of conducting its own investigations, and referring cases amounting to TIP to the police, and other relevant partners.
Director general for Labour Relations within the ministry, Steve Monnaie, explained that over the past year, the ministry recorded complaints from migrant workers relating to contracts, delays in salary payments, as well as claims that they are being paid below the minimum wage.
All complaints have been investigated, Mr Monnaie stated. Employers who fail to comply with investigations are consequently prosecuted. The ministry managed to see through thirteen convictions in 2023, six of which involved construction companies, and six security companies.
Additionally, employees may also file a grievance through the ministry. Some 210 grievances were recorded in 2023, 62 of which were resolved through mediation. A total of 109 failed, 8 were withdrawn and 6 were dismissed. In cases whereby mediation fails, employees may exercise their right to file a case with the Employment Tribunal, which falls under the Judiciary.
“Out of 14,000 to 15,000 migrant workers, a vast majority is aware of their rights and their conditions. A minimum number, mostly from countries who are weaker in terms of communication, reading and writing, are where the complaints of exploitation by employers stem from,” Mr Monnaie said.
The ministry’s biggest hurdle is the limited pool of human resources. There are presently only ten Enforcement Officers.
If it is established that a migrant worker is a victim or presumed victim of TIP, the Immigration department reissues the Gainful Occupation Permit (GOP), to enable the victim to legalise their status, and be reintegrated into another job. Guilty employers are put on a defaulter’s list and are not issued with further permits to recruit employees, senior official Karen Laporte clarified.
Over the year 2023, four presumed victims departed Seychelles by their own accord, and none were declared as prohibited immigrants based on humanitarian grounds.
The Prohibition of TIP Act makes provisions for the Ministry of Internal Affairs to offer protection to presumed victims and victims of TIP. In the past, victims were accommodated in guest houses, but due to the high costs incurred by the government as victims go through lengthy court proceedings and reintegration processes, government opted for an alternative option. As such, the National Coordinating Committee is now accommodating them at the Centre d’Accueil de La Rosière, belonging to the Catholic Diocese.
The press conference, held at the Ministry of Internal Affairs headquarters, was requested by media houses, following the release of the Trafficking in Persons Report 2023 by the Association for Rights, Information and Democracy (Arid).
In the report, Arid claims that there is “not much effort” to curb human trafficking, and that “the biggest percentage of alleged victims is trafficked for labour exploitation.
Furthermore, the report claims that domestic workers are also abused, and that most cases with an element of human trafficking are considered as work violations, and thus referred to the Employment department. “No investigation is carried out” it further states, also adding that due to alleged bribery, the official TIP statistics are inaccurate.
The National Coordinating Committee on Action Against Trafficking in Persons is responsible for creating policies, strategies, guidelines, programmes, and other measures to identify and help victims of trafficking. They also focus on providing services and protection for individuals believed to be victims of trafficking.
It must be noted that Arid is also represented on the committee.