JAKARTA Delaration

JAKARTA DECLARATION ON ADDRESSING IRREGULAR MOVEMENT OF PERSONS Jakarta, 20 August 2013

• We, the Ministers and high-level representatives from some of the most affected countries in the region, namely Afghanistan, Australia, Bangladesh, Cambodia, Indonesia, Iran, Malaysia, Myanmar, New Zealand, Pakistan, Papua New Guinea, The Philippines, Sri Lanka, and Thailand, met in Jakarta, Indonesia on 20 August 2013 for the Special Conference on Irregular Movement of Persons. Representatives of the United Nations High Commissioner for Refugees and the International Organization for Migration were also present.

• We are cognizant of the common and increasing challenges posed by irregular movement of persons, comprising both people smuggling and trafficking in persons.

• We recognized that the root causes of irregular movements in the region were complex and multi-dimensional and acknowledged the importance of development cooperation to address where possible underlying factors which made people vulnerable to irregular movement.

• We reaffirmed that such challenges are our shared responsibility and require coordination and cooperation as has been reflected in our region’s endeavor to deal with them through the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, including through the regional cooperation framework.

• We recognized the need for common responses involving countries of origin, transit as well as destination in more focused and action-oriented efforts in addressing the issue of people smuggling, trafficking in persons and related transnational crime.

• We recognized that the issue of irregular movement of persons also covers asylum seekers and refugees and their possible secondary movements.

• We underlined the importance of identifying practical ways to strengthen cooperation among affected States in managing irregular maritime movement, including through the development of a protection-sensitive regional approach.

• We recognized the importance of burden sharing and collective responsibility as well as enhanced coordination in continuing our work towards consistent assessment processes including through a set of harmonized arrangements or through the possible establishment of bilateral or regional assessment arrangements, which might include a center or centers.

• We recognized that addressing irregular movement of persons with its multidimensional implications could contribute positively to strengthen the region’s stability and creating condition conducive for the region’s resilience as an engine of global growth.

• We, as countries of origin, transit and destination, are committed to pursue coordinated joint actions in the fields of prevention, early detection, protection as well as prosecution to address irregular movement of persons, through:

Prevention

• fostering political, social and economic conditions to mitigate the underlying factors which make individuals more vulnerable to irregular migration;

• encouraging opportunities for legal channels of migration that would help in addressing irregular migrations and the activities of people smugglers and human traffickers;

• considering support and assistance to promote better livelihood and economic sustainability;

• conducting public awareness campaigns in cooperation with stakeholders, including civil society, private sector and mass media;

• enhancing border control systems and improving the integrity of identity papers and travel documents;

• reviewing visa policies and visa integrity policy on a periodical basis or should evidence arise of abuse;

• enhancing coordination and exchanging information among relevant authorities to deny entry and/or cancel the visa of smugglers and traffickers;

• building capacity and conducting table-top exercises to promote timely search and rescue operations with the goal of maximizing efforts to reduce the loss of life at sea;

Early Detection

• nominating national focal points to enhance sharing of information through the Bali Process secure portal to facilitate prompt and effective action to combat people smuggling, trafficking in persons and related transnational crime;

• contributing to the data collection and analysis mechanism of the Bali Process Regional Support Office and the UNODC Voluntary Reporting System on Migrant Smuggling and Related Conduct;

• developing an early warning system and exchange of information and intelligence among diplomatic, immigration, border and law enforcement officers;

• enhancing cooperation between immigration officers and airline operators in ensuring visa integrity policy and travel document security including through the Regional Immigration Liaison Officer Network (RILON);

• promoting collaboration among law enforcement and financial intelligence units to identify the linkages between people smuggling, trafficking in persons, and money laundering;

• Protection establishing mechanisms at multilateral, regional, and bilateral levels for victims of trafficking from victim identification, protection, rehabilitation, repatriation and reintegration of victims upon return to their respective countries of origin as well as prevention of revictimization;

• mobilizing necessary resources towards efficient management of irregular migration and victim protection;

• ensuring that smuggled and trafficked people shall not be held liable for people smuggling and trafficking in persons offences;

• providing protection for witnesses and whistleblowers;

• enhancing communication and coordination to support search and rescue at sea, disembarkation, reception, processing, and outcomes;

• encouraging voluntary repatriation and/or the return of those found not to be in need of international protection and ensuring proper identifications and/or provision of travel documents;

• setting-up dialogue mechanism among relevant authorities on consular matters and when appropriate, entering into bilateral agreements on mandatory consular notification;

Prosecution

• urging countries to ratify or accede to and effectively implement the United Nations Convention against Transnational Organized Crime and its protocols related to smuggling of migrants and trafficking in persons;

• adopting, amending, or strengthening national legislative measures to criminalize people smuggling and trafficking in persons;

• adopting people smuggling and trafficking in persons as extraditable offences and endeavor to expedite extradition procedures and to simplify evidentiary requirements relating to extradition request;

• providing mutual legal assistance in investigations, prosecutions and judicial proceedinfgs;

• enhancing the capacity of law enforcement officials and other agencies that are responsible for investigation and prosecution of the traffickers and smugglers;

• developing pro-active investigation methods, and where appropriate, supporting prosecutions in cases where the testimony of the victims is not possible and/or that are sensitive to the impact of testifying on victims;

• developing standard for evidence and information gathering and sharing.

• We affirmed the commitments and readiness as the countries of origin, transit and destination to undertake the above joint actions and look forward to collaborate in effective implementation of such actions through our respective national authorities as well as within the framework of the Bali Process.

• We appreciated the initiative of the Government of the Republic of Indonesia to convene the Conference and congratulated them for the excellent arrangements of the Conference.