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Blog | Legal Challenges in the Fight Against Human Trafficking

Human smuggling is a serious issue that challenges human rights, national security, and international cooperation. In a Country like Pakistan, the problem is worsened due to socioeconomic disparities, porous borders, and inadequate enforcement mechanisms. Smugglers exploit unemployed individuals seeking better opportunities abroad, often subjecting them to inhumane conditions. Many of them are smuggled through irregular means, using illegal border crossings and fraudulent documents. Combating this crime through legal efforts is challenging due to outdated legislation, weak international collaboration, and limited resources. 

The Prevention of Smuggling of Migrants Act, 2018 aligns with international obligations, including the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air but its enforcement remains a big question. Officials struggle to dismember the well-organized smuggling rings due to corruption, insufficient training, and insufficient resources. On 18 January 2025, over 40 Pakistanis drowned in a boat capsizing off West Africa’s coast. Another tragic incident happened on the coast of Greece in June 2023, where about 80 Pakistanis lost their lives.  

After the West Africa Coast incident, President Asif Ali Zardari and PM Shehbaz Sharif expressed their sorrow over the deaths. This response appeared symbolic rather than substantive. Earlier after Greece’s Tragedy, the Pakistani government took stronger actions, including raids on smuggling networks and public campaigns to discourage illegal migration. However, permanent solutions require addressing root problems such as unemployment, poverty, and lack of education.  

Despite the availability of the Prevention of Smuggling of Migrants Act, its enforcement remains weak due to several factors. First, the smuggling networks are transnational, requiring robust international cooperation, which is often hindered by jurisdictional complexities and the lack of mutual trust. Second, prosecuting human smugglers is difficult as victims are often unwilling to testify due to fear of reprisal or deportation. Third, the judicial process is slow, leading to delays in convictions and fostering impunity. 

 Efforts to address these issues require modernizing legal systems, collaborate with neighboring countries like Afghanistan and Iran to share intelligence on smuggling network because most of the human smuggling done through the border route of Iran and Afghanistan .The FIA can coordinate cross border operations to dismantle the smuggling network. For Example, Pakistan and Iran recently enhanced border security cooperation to curb fuel smuggling. In the same way, they must cooperate to curb human smuggling which is a major issue in Pakistan. Other Efforts involve enhancing border security, raising public awareness about the dangers of illegal migration and by strengthening bilateral agreements with destination countries and enhancing technological tools for border management. 

The fight against human smuggling demands a holistic approach that balances legal enforcement with socioeconomic reforms. While the challenges are significant, a sustained and coordinated effort can help mitigate this pervasive issue and protect the rights and dignity of vulnerable individuals. 

Author

Usman Umar 

Member Pakistan Youth Parliament

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