BALI PROCESS AD HOC GROUP
CLUSTER GROUP MEETING
PERTH, AUSTRALIA, 14-15 DECEMBER 2009
CO-CHAIRS' NOTE
The Co-Chairs of the Bali Process on People Smuggling, Trafficking in Persons and Related
Transnational Crime (Bali Process) hosted an Ad Hoc Group, Cluster Group meeting in Perth,
Australia on 14 – 15 December 2009. The meeting was attended by representatives of Australia,
Indonesia, Malaysia, New Zealand, and Thailand as well as representatives from the Office of
the United Nations High Commissioner for Refugees, the International Organization for
Migration; and Afghanistan, Bangladesh, Pakistan, and Maldives as observers.
In the absence of the Sri Lankan delegation the agenda was duly amended to provide for a wider
discussion on the irregular movement of people in the region, including Sri Lankans.
The meeting agreed to develop regional responses based on four main areas of cooperative
engagement: Diplomatic and Technical Assistance; Legal and Law Enforcement; Immigration
and Border Management. The meeting identified a range of possible activities with an emphasis
on operational and practical responses under each area of cooperative engagement, as follows:
A. Diplomatic and Technical Assistance
Participants noted that Sri Lanka was emerging from a long period of civil conflict and supported
the provision of development and humanitarian assistance to Sri Lanka. The meeting was
pleased to note the accelerated level of return of people from camps and also the increased
freedoms provided to people who remain in the camps. These together with other continuing
confidence building measures will help pave the way for the safe return of its nationals.
Participants noted the provision of development and humanitarian assistance to Sri Lanka should
support the Sri Lankan Government’s recovery and reconstruction effort, including demining,
housing and food security for people affected by the recent conflict.
Participants noted that the provision of consular assistance, including notification and access as
outlined in the 1963 Vienna Convention on Consular Relations, was an issue which will require
further regional discussion. Diplomatic channels played an important role in managing consular
assistance in situations involving irregular people movement.
B. Immigration
Participants noted the need for sharing relevant immigration information on irregular
movements, possibly through the establishment of a regional database. The meeting
acknowledged that the Bali Process website could provide the mechanism for this information
sharing arrangement.
The meeting noted the importance of developing risk profiles of irregular migrants and the
information collected in the proposed database would assist in this process. The meeting further
noted the value in developing immigration intelligence units in the region and the benefits that
flow from cooperation and information sharing between these units.
The meeting welcomed a proposal from Australia to develop an evidence-based project which
would include a stock take on regional cooperation on people smuggling. This would assist to
identify gaps in current regional arrangements, and could potentially contribute to the
development of a regional Memorandum of Understanding on preventing and combating
irregular migration.
The meeting welcomed the proposal to convene a workshop on protection, resettlement and
repatriation of irregular migrants. Indonesia’s offer to host this workshop was positively
received.
The need for enhanced visa issuing procedures and control was highlighted, and several
participants informed the meeting of recent efforts on this point.
C. Legal and Law Enforcement
Participants noted the critical importance of harmonising people smuggling and trafficking laws
in line with international instruments, particularly the UN Protocol on Migrant Smuggling
supplementing the UN Convention Against Transnational Organized Crime (UNTOC).
Participants noted mutual legal assistance and extradition were integral components of effective
legal and enforcement responses to irregular movement. It was recommended that the provisions
relating to mutual legal assistance and extradition of the UNTOC could be the basis for
international cooperation.
The meeting noted that the regional response to trafficking in persons presented several
opportunities for initiatives to also address people smuggling in the region. It was agreed that
members would consider exploring anti-smuggling issues in the margins of engagements on
trafficking and look to model future anti-smuggling initiatives on those seeking to address
trafficking in persons.
Thailand advised the meeting that it would host a workshop in 2010 (possibly March) on mutual
legal assistance and law enforcement cooperation. In this regard Thailand suggested that
participants consider the desirability of developing mutual legal assistance arrangements.
The participants welcomed the outcomes of the Inter-regional People Smuggling and Human
T