A/HRC/56/60
irregular migrants in the Bay of Bengal. 10 The Special Rapporteur highlights significant
changes of practice in relation to disembarkation in Indonesia, in line with Presidential
Regulation No. 125 of 2016. Notably, search and rescue missions were carried out on various
occasions for vessels in distress and six boats with 809 Rohingya refugees were allowed to
safely disembark (between January and August 2023) in Indonesia. In addition, the Special
Rapporteur notes that it is reported that protection-sensitive anti-trafficking screenings were
conducted in the designated reception centres.11
10.
Joint communications were issued in relation to the disappearance of 58 Venezuelan
migrants who were on board two boats bound for Trinidad and Tobago. The special
procedure mandate holders expressed alarm at the smuggling and trafficking in persons from
the Bolivarian Republic of Venezuela to Trinidad and Tobago, as well as the existence of
consolidated human trafficking networks for labour and sexual exploitation in the region,
which could amount, under certain circumstances, to forced labour and sexual slavery.
Further concern was expressed at the criminalization of irregular migration, which resulted
in persons in vulnerable situations taking dangerous migration routes and therefore exposed
them to the risk of being trafficked. 12 In a communication to the Kingdom of the
Netherlands,13 allegations were forwarded in relation to the disappearance of 15 Venezuelan
migrants who had boarded a boat headed to Curaçao and the continued existence of
consolidated trafficking routes and networks operating between the Bolivarian Republic of
Venezuela and Curaçao.14 A related communication15 was issued to the Bolivarian Republic
of Venezuela concerning the disappearance of 73 migrants, including possible victims of
trafficking, following their departure from the country on boats travelling to Curacao and
Trinidad and Tobago.
11.
In the report on her visit to Bangladesh, the Special Rapporteur highlighted the key
role of the Coast Guard of Bangladesh in identification and assistance of victims of
trafficking at sea.16 A memorandum of understanding between the Coast Guard of India and
the Coast Guard of Bangladesh provides for cooperation in search and rescue operations in
relation, inter alia, to trafficking in persons, with the objective of ensuring both the safety of
lives and “good governance” at sea. The Special Rapporteur expressed grave concern at the
high number of people rescued at sea, who may be victims of trafficking, and the tragic loss
of many lives at sea. She stressed the importance of referral pathways to ensure that victims
of trafficking or persons at risk of trafficking were referred for assistance and protection, and
not detained or punished on disembarkation, following search and rescue operations. In her
report, the Special Rapporteur also expressed concern at the increasing numbers of people,
mostly Rohingya, taking perilous journeys on the Andaman Sea. 17 According to data from
the Office of the United Nations High Commissioner for Refugees (UNHCR), more than
3,500 Rohingya attempted the deadly sea crossings in boats across the Andaman Sea and the
Bay of Bengal in 2022, representing a 360 per cent increase compared with 2021. The Special
Rapporteur highlighted the urgent need for a comprehensive regional response and shared
responsibility on the part of the international community. During her visit to Cox’s Bazar,
the Special Rapporteur heard accounts of victims of trafficking being rescued at sea,
including child victims, who were subsequently brought to police stations and detained for
several days, with no psychosocial, medical or legal assistance provided. She heard accounts
directly from child victims, Rohingya refugees in Cox’s Bazar, who were rescued at sea while
travelling to Malaysia, having been recruited for purposes of child marriage. The testimonies
given included accounts of child victims of trafficking being detained in police stations
alongside adults, without protection or assistance, following deeply traumatic experiences at
10
11
12
13
14
15
16
17
4
Communications IDN 5/2015 and THA 3/2015.
UNHCR Regional Bureau for Asia and Pacific, “Rohingya refugees fleeing over land and sea –
quarterly update as of 31 August 2023”, p. 4.
Communication TTO 1/2020, p. 3.
Communication NLD 2/2020.
Ibid., p. 2.
Communication VEN 8/2020 (in Spanish).
A/HRC/53/28/Add.1, para. 37.
Ibid., para. 59.
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