detainees in GCC jails, nor has there been any move to request information from these detainees to
carry out domestic investigations.
According to an exchange with the Pakistani mission in Saudi Arabia, attempts have been made to obtain
information “disclosed by (Pakistani) nationals” to the Saudi Ministry of Foreign Affairs so investigations
can be conducted regarding the “perpetrators/masterminds back home”. However, they have been of
no avail and according to the consulate in Jeddah, Pakistani missions do not get information about
arrested Pakistanis and are only provided with a list of prisoners twice a year. In situations such as these,
the Pakistani MoFA has an important role to play, coordinating with foreign governments to not only
increase security measures at home but prevent harm to innocent Pakistani citizens. The failure to do
so shows indifference manifested in a lack of coordination between the different institutions capable of
providing relief to falsely imprisoned migrant worker prisoners.
3.4 Criminalisation
Pakistani consular authorities and domestic anti-narcotic operations have turned somewhat of a blind
eye to the unjust convictions and subsequent mistreatment of its citizens languishing in foreign jails. In
fact, the language of the draft consular policy and the perception that individuals deceived and coerced
into smuggling drugs are responsible for their own plight, adds a discriminatory and unwarranted layer
of criminality to the migrant worker prisoners’ plight abroad. Government officials, however, see victims
are perpetrators. As one Pre-Departure Briefing Officer remarked, “We take every step possible to warn
intending migrants of the dangers of smuggling drugs, however, their greed often overshadows any
concerns for personal safety.”46
The criminalisation of victims of trafficking is not a novel phenomenon. Neither is the shifting of
accountability onto the exploited migrant, rather than acknowledging and tackling the systemic
inefficiencies that lead to the intimidation and harassment of innocent citizens. The Trafficking Protocol
recognises the pervasiveness of this dangerous mindset, advocating for the enactment of laws that
de-criminalise any acts carried out by a trafficked person under duress.47 Moreover, the recognition
of individuals who are forced to smuggle drugs as the lowest in the hierarchy of drug syndicates is a
vital step towards acknowledging the defencelessness of citizens as puppets in the narcotics trade.
Instead of advocating for the innocence and lives of their prisoners, domestic stakeholders play a role in
contributing to the criminalisation of Pakistani migrant worker prisoners.
In 2009, a family of three was arrested while on their way to perform Umrah.48 Their travel agent had
provided them with special sandals that he told them would help them be identified by his counterpart
agent in Saudi. However, the sandals contained heroin and the family was arrested at Jeddah airport.
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