The Bali Process is an official international forum, established in 2002, to facilitate discussion and information sharing about issues relating to people smuggling, human trafficking, and related transnational crime and appropriate responses to these issues.Some details of the establishment of the Bali Process in 2002, resulting from discussions between the then Indonesian Foreign Minister Dr Hassan Wirajuda and the Australian Foreign Minister Alexander Downer, are set out in a speech given at Monash University by the then Australian Ambassador for People Smuggling Issues, Ms Caroline Millar, in July 2004.
The Bali Process was established through a framework agreement that was initiated at the "Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime" held in Bali, Indonesia in February 2002.Radio Australia report.
Over 50 countries and numerous international agencies continue to participate in the Bali Process. It is co-chaired by the Governments of Indonesia and Australia.Details are at the website of the Bali Process
History The Bali Process is a non-binding, international forum that exists for policy dialogue, information sharing and exchange to aid each participating state to address these challenges established in the First Bali Ministerial Conference.First Bali Ministerial Conference.
The outcomes of the conference can be reviewed in three focal points. Firstly, the ministers recognised that the illegal movements of people were an increasing problem as it creates “significant political, economic, social and security challenges” in national sovereignty.Bali Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime Co-Chairs' Statement, 26–28 February 2002 at , , [5-7], [8-16]. Secondly, links to terrorism and the criminal nature of human trafficking were expressed as points of deep concern, denouncing it as “reprehensible criminal activities” that infringed on basic human rights and freedom. Thirdly, the meeting affirmed a strong commitment that participating states should cooperate and provide support in developing measures to combat people smuggling. It was expressed that the state should “provide appropriate protection and assistance” to the victims of trafficking, within the international framework and domestic law.
Core objectives
At the Third Bali Process Regional Ministerial ConferenceThird Bali Process Regional Ministerial Conference. in 2009, the objectives were expanded to accommodate a more humanitarian approach to migrant smugglings.
The objectives were amended to the following:
the development of more effective information and intelligence sharing; improved cooperation among regional law enforcement agencies to deter and combat people smuggling and trafficking networks; enhanced cooperation on border and visa systems to detect and prevent illegal movements; increased public awareness in order to discourage these activities and warn those susceptible; enhanced effectiveness of return as a strategy to deter people smuggling and trafficking through conclusion of appropriate arrangements; cooperation in verifying the identity and nationality of illegal migrants and trafficking victims; the enactment of national legislation to criminalise people smuggling and trafficking in persons; provision of appropriate protection and assistance to the victims of trafficking, particularly women and children; enhanced focus on tackling the root causes of illegal migration, including by increasing opportunities for legal migration between states; assisting countries to adopt best practices in asylum management, in accordance with the principles of the Refugees Convention; and advancing the implementation of an inclusive non-binding regional cooperation framework under which interested parties can cooperate more effectively to reduce irregular movement through the region.
Structure The Bali Process is led by a steering group of four countries (Australia, Indonesia, New Zealand and Thailand), and is co-chaired by Australia and Indonesia. Currently, the Bali Process comprises 45 states, as well as the IOM, UNHCR and UNODC.
Membership
The full list of member countries to the Bali Process is set out on the Membership Page Bali Process Membership Page. of the official Bali Process website but the main countries and agencies involved in the meetings include the following:
Afghanistan Australia China India Indonesia
Japan Malaysia Pakistan Papua New Guinea Philippines
Republic of Korea Singapore Sri Lanka USA Vietnam
International Organization for Migration UN High Commissioner for Refugees UN Office on Drugs and Crime International Labour Organization
Bali Process Ad Hoc Group (AHG)
The AHG comprises the most affected states, often taking the lead on collective action and focusing on specific issues of people smuggling, trafficking in persons and irregular migration.Bali Process Ad Hoc Group page, About.
Members of the AHG are:
Afghanistan Australia Bangladesh India Indonesia
Malaysia Maldives Myanmar New Zealand Pakistan
Philippines Sri Lanka Thailand UAE USA
Viet Nam IOM UNHCR UNODC
The formation of the AHG occurred after the Third Bali Ministerial Conference, where ministers requested to make the AHG available as a mechanism to comprehensively deal with issues that impact the affected states on a case-by-case basis.
They report developments to the wider membership of the Bali Process. The Steering Group oversees their work, and IOM often provides support on administrative matters.
They are tasked to: develop practical outcomes at the operational level to assist countries to mitigate increased irregular population movements; to enhance information sharing arrangements between most-affected countries; and to report to Co-Chairs through the Steering Group with concrete recommendations to inform future regional cooperation on people smuggling and trafficking in persons.Bali Process Ad Hoc Group page, Terms of Reference.
The AHG has proven itself to be the critical mechanism in advancing the outcomes set out in the different meetings.Ad Hoc Group Progress Report by Co-chairs, 2011 at pg . It administers practical cooperation among Bali Process members to respond effectively to persistent and emerging challenges. It formally acknowledged the Bali Process Strategy For Cooperation as a ‘living’ document that will be revised regularly as future activities continue. The Bali Process Strategy outlines coordinated approaches to be implemented to migration challenges in order to strengthen the work of the organisation.Ad Hoc Group Senior Officials' Meeting Co-Chairs Statement, 25 May 2015 at .
Annual AHG Senior Official Meetings have been held since its conception in 2009, and biannually in the years 2009 and 2011. They have held numerous workshops to address the different issues of illegal migration. In February 2017, they held the first Regional Biometric Data Exchange Solution (RBDES)Regional Biometric Data Exchange Solution Information Page. Workshop, where immigration and foreign affairs officials were trained to use RBDES, a multinational tool that provides a data sharing framework. It allows the Bali Process members to share data with any other participating state.Regional Biometric Data Exchange Solution (RBDES) Frequently Asked Questions at pg .
Working Groups
The AHG has maintained a regular program of senior official meetings as well as working group level activities.Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime Ad Hoc Progress Report, February 2013 at pg . Working groups were established in order to assist states in thoroughly and specifically addressing the different aspects to the issues of people smuggling and trafficking in persons.
Working Group on Trafficking in Persons
This Working Group focuses on developing more effective legal and law enforcement responses to combat trafficking in persons. It aims to provide a mechanism for Bali Process members to exchange effective practices, policies and legal responses, along with identifying areas for cooperation in responding to trafficking in persons.Ad Hoc Group of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, Working Group on Trafficking in Persons, Terms of Reference. It is co-chaired by Australia and Indonesia, and reports annually to the AHG. This Working Group was established in 2013 as an outcome of the Fifth Ad Hoc Senior Official Meeting.Fifth Ad Hoc Senior Official Meeting.Fifth Meeting of Bali Process Ad Hoc Group Senior Officials Co-Chairs' Statement, Sydney, Australia, 12 October 2011 at .
They met for the first time in 2015, and have developed a Forward Work PlanBali Process 2015-2017 Forward Work Plan. that sets out action items for the years 2015–2017. This involved action items such as identifying a list of priority issues for the regions, and provide training to relevant officials to capably respond to trafficking in persons.Bali Process Working Group on Trafficking in Persons, Forward Work Plan: 2015-17, at pg .
Working Group on Disruption of Criminal Networks Involved in People Smuggling and Trafficking in Persons
The Working Group aims to provide ‘concrete, action oriented activities’ that enhance cooperation in disrupting criminal networks involved in people smuggling and trafficking in persons in the Asia Pacific region. It is co-chaired by New Zealand and Sri Lanka and reports annually to the AHG. Fifteen countries from the AHG members compose this Working Group.
During their first meeting in May 2015, eight states (Indonesia, Malaysia, Maldives, New Zealand, Philippines, Sri Lanka, and Thailand) planned and participated in a Joint Period of Action to targeting criminal networks in sexual and labour exploitation and people smuggling.
Notably, authorities in the eight countries: assisted 59 trafficked persons; made 32 arrests and launched eight new investigations; made over 70 bilateral and international enquires to progress trafficking in persons and people smuggling investigations; conducted 68 awareness-raising activities, including for employers, civil society, and vulnerable groups; and carried out 12 training sessions and trained 485 police, airport, immigration, and compliance officers throughout the region.Bali Process page on Working Group on Disruption of Criminal Networks Involved in People Smuggling and Trafficking in Persons, 1st Joint Period of Action.
Joint Periods of Action continue as a regular activity for the participating countries.
Technical Experts Working Group on Irregular Movements
The Working Group works to assist countries in understanding and detecting irregular movements through borders. It aims to deal effectively with people smugglers by pursuing and prosecuting those involved in illegal activity. Initially, in 2009 it was focused on irregular movement by air but was expanded to movements by land and sea in 2012.
Regional Cooperation Framework (RCF) Ministers in the Fourth Ministerial ConferenceFourth Ministerial Conference. agreed that an inclusive but non-binding Regional Cooperation Framework (RCF) would provide a more effective way for states to cooperate in addressing irregular movement in the region.
Under the RCF, member states are encouraged to enter into arrangements that: promote human life and dignity; seek to build capacity to process mixed flows and where appropriate utilize available resources; reflect principles of burden sharing and collective responsibility while respecting sovereignty and the national security of concerned States; seek to address root causes of irregular movement and promote population stabilization wherever possible; promote orderly, legal migration and provide appropriate opportunities for regular migration;