Iran's Anti-Human Trafficking Bill Awaits Approval for Years Amid Rising Challenges

Nearly half a decade has elapsed since the pivotal bill aimed at amending anti-human trafficking laws and establishing a robust legal framework was introduced in the Islamic Republic's parliament.

The current parliament appears to lack the will to approve it within the remaining months of its term.

Legal experts tell IranWire that the proposed new bill seeks to broaden the scope of criminalization regarding human trafficking and impose harsher penalties.

Despite this, it appears that members of the parliament have not given it a priority.

The Bill, Combat Human and Organs Trafficking and Punishment of Illegal Crossings at the Country's Borders, has been under consideration by the parliament since May 25, 2023, and included in the weekly agenda for discussion.

Yet, it remains pending approval, awaiting the attention of representatives.

Nearly a decade has passed since the criminalization of human trafficking in Iran. However, legal experts say the current law, comprising eight articles, contains numerous loopholes and lacks sufficient deterrent power.

The challenge of trafficking has been compounded by Iran's geographical location, with the country seeing a surge in migrant smuggling, particularly following the Taliban's rise to power in Afghanistan.

The smuggling of Afghan nationals creates a substantial financial flow along Iran's eastern borders. It is partly sustained by deficiencies in the country's legal framework around immigration and human trafficking.

Efforts to organize immigrants have been initiated, albeit at a sluggish pace compared to the rapidly evolving regional events, such as the Taliban's resurgence.

Legal experts, including Marzieh Mohebi, Ghasem Bodi, and Moein Khazaeli, have scrutinized the effectiveness of the current law and assessed the potential impact of the proposed anti-human trafficking bill once enacted.

A Crime Burdened by the Shadow of Security

The challenge of combating human trafficking in Iran extends beyond the realm of criminology and human rights advocacy. It is intricately intertwined with geographical factors and broader security considerations.

In an Interview with IranWire, lawyers Marzieh Mohebi and Moein Khazaeli compared the fight against human trafficking to other law enforcement efforts, such as battling drug trafficking and smuggling.

They highlighted the absence of a centralized authority or coordinator for anti-human trafficking initiatives in Iran.

Khazaeli underscored the prevalent focus of security and intelligence agencies on the security dimensions of human trafficking rather than prioritizing its humanitarian aspects.

He emphasized the need for specialized committees within government ministries to address this issue effectively.

The case of Alex, also known as Shahrouz Sokhanvari, exemplifies the complexities within the legal system regarding human trafficking.

Notwithstanding the flaws and loopholes in anti-human trafficking legislation, Alex was arrested, tried, and executed by the Revolutionary Court for trafficking and sexually exploiting girls.

He was apprehended in Malaysia with the assistance of local authorities after being expelled from Dubai.

Reports suggest that Alex, alongside his mother and accomplice Manley, formed a group aimed at exploiting women and girls.

However, the handling of his case garnered significant scrutiny due to procedural irregularities and the issuance of a death sentence.

Police Chief's Foreign Trips Under Scrutiny

Contrary to the robust international image projected by the Islamic Republic of Iran in combating drug trafficking, its stance on human trafficking often remains confined to diplomatic rhetoric.

Recent bilateral meetings, including the summit between the presidents of Iran and Türkiye, briefly touched upon human trafficking in joint statements. Issued on January 25, a joint statement highlighted "human trafficking," emphasizing the need "for the safe, voluntary, and dignified return of Afghan immigrants."

In an unprecedented move, Police Chief Ahmedreza Radan's foreign trips in 2023 and this year were seemingly justified by the issue of human trafficking. His visits to Russia, Tajikistan, and China were purportedly aimed at signing memorandums of understanding to combat this crime.

Despite the emphasis on human trafficking during these trips, there has been a notable absence of news regarding the identification and apprehension of human traffickers.

Overdue Legislation: Reforms and Six Years of Waiting

Nearly six years ago, Zabihullah Khodayian, the legal deputy of the judiciary system, unveiled a bill titled Combat Human and Organs Trafficking and Punishment of Illegal Crossings at the Country's Borders.

Among the bill's key features was the distinct separation between human trafficking and migrant smuggling.

This comprehensive bill, comprising 29 articles and 12 notes, aimed to update regulations, ensure enforcement, align punishments with international standards, and address legal lacunas.

The bill received swift government approval on February 27, 2019, within six months of being presented. It was tabled in the parliament the next month.

Although slated for court consideration by mid-2021, its approval was ultimately expected in May 2023.

Following this, the bill found regular mentions in the weekly parliamentary agenda, but representatives have not prioritized its consideration.

Amid a surge in attacks against Afghan immigrants in Iran this summer and fall, and following the murder of renowned Iranian director Dariush Mehrjui, criticism of the government's neglect in addressing illegal immigration intensified.

Kerman representative Mohammad Mehdi Zahedi stressed the urgency to combat human trafficking.

Recent news also highlights the multifaceted nature of human trafficking operations in Iran.

In December 2023, the police announced the arrest and dismantling of a 12-member human trafficking gang engaged in designing fake visas and passports for 25 countries.

Additionally, Iranian media reported the arrest of Masoud Tarkibi, identified by the police as an active participant in online fraud, money laundering, and the exploitation of young girls for human trafficking, further underscoring the complex challenges.

In this context, it remains to be seen how Iran will navigate the complexities and intricacies to enhance its legal framework for combating human trafficking.

Proposed Bill Promises Stronger Measures 

The bill submitted by the judiciary seems to have moved forward without changes. Yet, it is unclear if the parliamentary commission will make any amendments during its review.

In interviews with IranWire, legal experts have highlighted the proposed bill's emphasis on escalating punishments for human traffickers as a crucial aspect in bolstering human rights protection.

A key aspect underscored by Iran's judiciary in the new bill was the inclusion of provisions to criminalize migrant smuggling, a point affirmed by legal scholars.

Ghasem Bodi noted that while the current law, enacted in 2004, lacks any mention of immigrant smuggling, the proposed bill addresses this gap by punishing such offenses alongside heightened penalties for human trafficking.

Comparing the current law to the pending bill, lawyer Moein Khazaeli highlighted significant enhancements, including broader coverage, revised definitions, increased penalties, and new criminal elements.

Khazaeli also shed light on a crucial debate sparked by the bill regarding the concept of the trafficked person's consent and its implications for legal proceedings.

Under the proposed bill, even if the trafficked individual consents, it would not exonerate the trafficker—a departure from the current law, where consent in specific contexts results in the trafficker's acquittal.

Divergence in Islamic Republic's Treatment of Children

The proposed amendment to Iran's anti-trafficking law appears to align with efforts to safeguard children as it entails heavier penalties for trafficking vulnerable individuals, particularly minors.

While lawyer Khazaeli views the legislature's attention in this regard as commendable, his counterpart Marzieh Mohebi contends that the Islamic Republic's neglect of children born to Iranian women married to foreign nationals leaves the hands of human traffickers untied.

Further, Khazaeli notes the heightened focus on protection in the proposed bill, indicating an increased understanding of the far-reaching effects and consequences of trafficking.

However, Mohebi criticized the government's lack of attention to children without birth certificates, especially those born to Iranian women and foreign nationals, suggesting that such children are vulnerable to exploitation and even organ trafficking due to their lack of legal identity and protection.

Children without birth certificates are vulnerable to trafficking and abuse since they don't have legal protection or oversight.