The Legal and Institutional Framework against Women Trafficking in Pakistan

Abstract

Pakistan has signed key international instruments on trafficking and children’s rights, and over the last decade it has adopted dedicated laws on trafficking in persons, migrant smuggling and the recovery of missing children. Yet trafficking of women and children continues at both the domestic and the international level. This article examines why the existing legal and institutional framework has not produced the expected results. Using a qualitative doctrinal method combined with in-depth interviews of fifty purposively selected respondents, including law enforcement officers, lawyers, academics, media professionals and civil society workers, the article analyses Pakistan’s international and regional obligations, its constitutional and statutory provisions, and the role of the Federal Investigation Agency and its anti-trafficking units. It then compares Pakistan’s approach with that of England and Wales under the Modern Slavery Act 2015, focusing on victim identification, specialist training, the statutory defence for victims, prevention orders and asset confiscation. The analysis shows that the main weakness in Pakistan lies less in the text of the law than in its implementation: coordination between federal and provincial bodies is weak, victims and witnesses are poorly protected, compensation is rarely ordered, and international cooperation is limited. The article argues that Pakistan should adopt a victim-centred model that guarantees non-liability of victims, witness protection and compensation, establishes district-level complaint mechanisms linked to provincial and federal bodies, and strengthens bilateral and regional cooperation, drawing on relevant features of the framework in England and Wales.