?In the article "Immigration needs a purge," on June 28, Mr Richard Ramoutar claimed that the Ministry of National Security was not working to combat human trafficking in Trinidad and Tobago. He also lashed out against the Immigration Division on a number of issues such as outdated legislation and corrupt practices. The Immigration Division views Mr Ramoutar's arguments as being flawed, misleading and mischievous in various areas.
Firstly, Mr Ramoutar stated that the Minister of National Security, Sen Martin Joseph admitted that there is evidence of human trafficking in Trinidad and Tobago. But what he failed to add was that the minister has made it clear that while there is evidence to suggest that people are being trafficked into the country, there is no evidence to support reports of people being trafficked out of the country.
As to his reference about Trinidad and Tobago being classified as Tier 2 by the US Department of State, by omission of information, Mr Ramoutar portrayed T&T's Tier 2 status as negative. Countries assessed as not fully complying with the minimum standards, but making significant efforts to meet those minimum standards are classified as Tier 2. Notably, this reference was omitted from the article.
Further to this point, the Tier 2 Watch list consists of Tier 2 countries that are determined:
�2 Not to have made "increasing efforts" to combat human trafficking over the past year;
�2 To be making significant efforts based on commitments of anti-trafficking reforms over the next year;
�2 To have a significant number of trafficking victims or a significantly increasing victim population.
The article indicated that the Ministry of National Security was not as prudent and proactive as it should have been so as to benefit from the International Organization for Migration's (IOM) presence in T&T. This is absolutely untrue.
The IOM was invited to T&T by the Ministry of National Security to assist in strengthening its technical capacity and migration management.
In June 2006, Cabinet approved the Technical Co-operation Plan, entitled Strengthening Technical Capacity (STC) in T&T to enhance Migration Management and Regional Security.
The project centred around four main areas:
�2 Upgrading of Migration Security Technology: to ensure that Immigration, Ministry of Foreign Affairs and security officials possess adequate border and migration technology to properly and expeditiously manage incoming and outgoing passenger flows at points of entry;
�2 Strengthening Institutional and Human Resource Capacity: establishment and institutionalisation of a recurrent in-service training regime in areas of migration, visa and passport issuance, and border security management;
�2 Updating Legal and Regulatory Framework: conduct a comprehensive review of all legislation relevant to immigration;
�2 Enhancing Regional Elements/Co-operation: contingency planning for mass migratory flows.
The STC project team worked in collaboration with the Ministry of National Security through an advisory mechanism, which took into consideration the technical needs of the Immigration Division and related agencies, as well as the wider migration management needs of the Government. The two-year project sponsored by the US Department of State came to an end in October 2008 and the Government has since retained the Office of the IOM at the Ministry of National Security, funded by the Ministry.
The terms of reference of the Office include:
The implementation of a Counter-trafficking programme in conjunction with the International Organization for Migration (IOM) designed to achieve two objectives:
�2 Assist victims of trafficking through prevention and protection efforts.
�2 Criminalisation of human trafficking through prosecution efforts.
For the purpose of prevention and protection an informal working group would be established. This group will eventually be formalised into a multi-agency task force that would help to develop and oversee a medium-to-long-term plan of action.
The Task Force will be responsible for the following:
�2 Implementing and systematising a referral process to identify and assist victims.
�2 Establishing a hotline to field calls pertaining to human trafficking.
�2 Conducting a nation-wide information campaign, using IOM's material that features the hotline number.
Training:
�2 Assistance in the facilitation of programmes for the training of Immigration officers in areas such as document examination, intelligence profiling, customer service, etc.
�2 Assistance in the facilitation of programmes for police officers and other officials of the judicial and legal services on the issue of human trafficking.
Establishment of a data sharing mechanism:
�2 Liaison with the relevant agencies within the Government to determine the current practices related to the collection of migration data.
�2 Assessment of the current human resource and infrastructure that has an impact upon the collection of migration data.
n Enhancing regional communication and information sharing through this mechanism.
�2 Assistance via technical advice with implementing appropriate mechanisms for the efficient recording of movement of people across the borders of Trinidad and Tobago
Migrants without leave to stay:
�2 Provision of assistance to the Ministry of National Security in collaboration with the Ministry of Social Development and NGOs, in exploring appropriate structures for the shelter of migrants and refugees
�2 Liaison with governmental, inter-governmental and non-governmental organisations in undertaking programmes to facilitate voluntary returns and reintegration of migrants without leave to stay.
Mr Ramoutar's article criticises the Immigration Act as being irrelevant and thus, in need of revision. The Ministry of National Security recognises the need for a review of the package of Immigration legislation and the need for implementation of effective measures that will strengthen border security and migration management. With this in mind, much assistance has been received through partnership with the IOM.
The IOM assisted the Immigration Division in "strengthening the legislative and regulatory framework". In seeking to meet this obligation, the IOM assisted the Government in reviewing the Immigration Act (and Regulations), 1969, to modernise its compliance. The IOM recruited an international legal consultant, Iulian Circo, to spend one month in T&T with this objective in mind.
His duties included:
�2 The collection of relevant legal information relating to migration process and the control and management of irregular migration
�2 The review of current legal provisions and procedures at borders and other entry points.
�2 Assisting government agencies in conducting a review of their migration laws and regulations and contributing to the development of draft bills and amendments.
From that review, a number of recommendations were made as it pertains to the following:
�2 Entry and admission.
�2 Stay and residence.
�2 Expulsion and detention.
�2 Illegal migration and migration related crime.
The ministry has this report in its possession and will use this as well as advice from the Government of Canada in its preparation of revised legislation. A draft immigration policy has been sent to Canada for review. Changes already have been made in the issuance of visas and work permits. Amendments to Immigration legislation to incorporate the evolving facets and instruments of Caricom Single Market and Economy (CSME) with its congruent free movement of people, goods and skills have been undertaken.
In essence, the Immigration Division of the Ministry of National Security is being further enhanced and immigration policies and migration management amended. Significant progress has been made in this regard. The work already conducted, coupled with plans to be implemented in the near future, will greatly contribute to strengthening and enhancing the national security of T&T. Relative to the inference of corruption within the Division, the Division has long instituted measures to identify and investigate allegations of malfeasance. In the past, when breaches were identified and investigated, Immigration Officers were taken before the Public Service Commission for the determination of these cases.
The Division's underlying philosophy is an absolute rejection of corruption. Any activity relative to a crime is reported to the Police for inquiry and prosecution, if warranted. With the introduction of the issuance of machine readable passports, the solution is a modular one. Inherent in its design is a trail of each activity, thereby denying any one person the ability to issue a passport. his may have been possible in the previous manual system. The overall thrust of new solutions is ensuring the issuance of the right document to the right person. In so doing, it is imperative that officers adhere to the guidelines for robustness and integrity as outlined in the standards stipulated by the International Civil Aviation Organisation (ICAO).
To date, there has been no report of breaches. Moreover, the implementation of Integrated Border Management System allows for recording of all arrivals and departures of crews and passengers, the extensions and variations of certificates. This is in keeping with international best practices for border safety and security. It must be underscored that all activities are recorded electronically on the system in real time. Consequently, anyone who is found with an endorsement in his or her passport that cannot be verified is liable to further inquiry. The impetus is to ensure compliance.�The Ministry hopes that this response adequately addresses the issues raised by Mr Ramoutar.
�2 Corporate Communications Unit Ministry of National Security