Over the course of the two-day workshop, delegates explored themes such as linkages between gender and trafficking in persons, the impact of emerging technologies on trafficking in persons, and how definitions of trafficking diverge or converge across South and Southeast Asia.

Representatives from 12 Bali Process Member States—Cambodia, India, Indonesia, Lao PDR, Malaysia, the Maldives, Nepal, the Philippines, Sri Lanka, Thailand, Timor-Leste and Viet Nam—joined the consultation held in Bangkok, Thailand which was jointly led by the Regional Support Office of the Bali Process (RSO) and the International Organization for Migration (IOM).

“Trafficking in persons remains a pervasive issue affecting South and Southeast Asia, and all Bali Process Member States” highlighted Fuad Adriansyah, RSO Co-Manager (Indonesia) and Deputy Chief of Mission to the Embassy of the Republic of Indonesia in his opening remarks. “The socio-economic dynamics of our region combined with factors such as migration, poverty, and inadequate legal protections, create fertile ground for trafficking networks to operate. This consultation aims to address these challenges head-on.”

Earlier this year, the RSO and IOM conducted an assessment with Bali Process Member States who have ratified the Palermo Protocol, to analyse legal frameworks and national policies related to trafficking in persons, including forced labour, forced marriage, forced criminality, and associated laws and procedures, such as anti-money laundering laws and rules of evidence.

The workshop sought to invite more detailed inputs on challenges and needs identified by Member States through this assessment, that could support enhancement and application of legal frameworks on trafficking in persons.

Disparities in how definitions of trafficking are interpreted and implemented in different sovereign states can result in barriers to effective information sharing and evidence collection, cross-border collaboration, prosecution, and support for victims of trafficking. This is particularly true in cases of trafficking for forced criminality, which has emerged as a priority concern for governments in recent years.

Discussions highlighted the challenges faced in differentiating between victims and perpetrators in cases of forced criminality, and how many legal frameworks are not currently able to provide clarity in responding to these cases.

Participants also discussed challenges associated with gathering evidence in forced criminality cases, from obtaining evidence of recruitment conducted online or via messaging platforms, to the ability of law enforcement to follow money trails in trafficking in persons cases. Enhancing legal frameworks to support collection of evidence that can support prosecution of cases is essential, as is closer working between governments, technology companies and prosecutors.

Participants noted too that prosecutors are sometimes opting to prosecute cases under anti-money laundering or cyber-crime laws rather than as a trafficking in persons offense, which can result in less-severe penalties. This has the unintended effect of reducing the deterrent for criminals who are facilitating trafficking in persons.

Ryan Winch, the RSO’s Transnational Crime and Technology Programme Manager, emphasised: “Trafficking for forced criminality in cyber-scam centres continues to grow as a regional, and increasingly global, challenge. Ensuring legal frameworks are effective, and strengthening cooperation between law enforcement and prosecutors, is crucial for seeing more frequent and more targeted prosecutions.”

Discussions explored nuanced distinctions between trafficking in persons, forced labour, and labour disputes, as participants highlighted how blurred lines between these cases can allow perpetrators to exploit legal loopholes during prosecutions.

Where an individual is trafficked for labour services, wages are often withheld or paid at lower rates than originally agreed in a contract, as victims will be informed that they owe a debt to their employers. Cases might be mis-classified and mis-tried as labour disputes rather than trafficking for forced labour, resulting in less severe penalties.

Participants also shared insights on how legal frameworks are applied for trafficking in persons cases across different sectors—including cyber-scam centres, agriculture, fisheries, and the hospitality sector. Discussions will inform upcoming research by the RSO on the spectrum of trafficking, forced labour, and labour disputes.

ASEAN-Australia Counter-Trafficking (ASEAN-ACT) led participants through a discussion on data collection and management relating to trafficking in persons cases across the region. Participants noted challenges arising from disparities in data collection practices—often complicated by the involvement of multiple agencies and actors—and barriers to effective information sharing across borders.

Participants highlighted the need for accurate and systematic data collection to understand trafficking trends, assess policy effectiveness, and to develop effective targeted interventions. Conversations also emphasised the importance of balancing comprehensive data collection with victim privacy and anonymity.

Participants also explored the intersection between gender and trafficking in persons, particularly in the context of cyber-scam centres. Discussions led by the Australian Institute of Criminology (AIC) and UN Women highlighted gender-specific recruitment methods employed by organised crime groups, examined the different experiences of women as victims, as well as how women are being recruited to fill different roles in the operations of these centres.

An upcoming joint research project led by the RSO, the AIC and UN Women will explore these themes in greater detail—as well as opportunities to develop gender-specific prevention strategies and enhance gender-specific guidance through legal frameworks.

The discussions provided further insight into the research findings and will provide input into the RSO’s research and workplan throughout 2024-2026. A series of policy briefs and research papers informed by the consultation will be published by IOM and the RSO over the coming months.