(MENAFN- Amman Net) Two years after the launch of the National Referral Mechanism in October 2022, which was presented at the time as a game-changer in combating human trafficking and coordinating official and civil efforts to protect victims, a review of the reality reveals that what began as a promising framework still faces gaps in implementation, delays in providing justice for victims, and weak coordination among the concerned parties.

“Jordan is one of the leading countries in combating human trafficking, as it has been keen to provide the best response mechanisms at all levels. From a legislative standpoint, the Anti-Human Trafficking Law was amended last year to align with the best international standards and provide more protection for victims and those affected,” said Judge Saad Al-Louzi, Secretary-General of the Ministry of Justice for Judicial Affairs, at the time, in the ceremony launching the National Referral Mechanism and Unified Working Procedures for dealing with human trafficking cases in Jordan.

This mechanism aims to ensure that victims of human trafficking have access to justice and to enhance coordination between official, security, and judicial bodies and civil society organizations to identify, protect, and provide victims with the necessary legal, psychological, and social assistance. However, two years after its launch, the most important question has resurfaced: to what extent has this mechanism actually been implemented, and has it achieved its intended purpose?

An introduction to understanding the legal framework and the national referral mechanism

In 2009, Jordan passed Law No. 9 on Combating Trafficking in Persons to address various forms of human exploitation, from forced labor to prostitution, organ harvesting, and slavery. The law stipulates penalties including hard labor and fines, while guaranteeing the protection of victims through shelter, healthcare, psychological support, legal assistance, and the preservation of their anonymity.

Public law researcher Muhannad Al-Shibli says that this law constituted an important step in Jordan's commitment to international human rights agreements, but it is not the only framework that deals with crime; as its texts intersect with other laws such as the Penal Code, the Labor Law, the Law on the Use of Human Body Organs, and the Regulation of Private Offices for the Recruitment of Domestic Workers.

In recent years, the law has undergone several amendments aimed at strengthening victim protection and increasing penalties for perpetrators. In 2019, the definition of the crime was expanded to include child begging, and a special fund was established to support victims. The 2021 amendment strengthened penalties in cases of exploitation of women and people with disabilities and provided greater protection for witnesses and minors. In 2023, an amendment was introduced to ensure that victims remain in safe shelters until the investigation and trial are concluded.

Despite this legislative development, Linda Kalash, Executive Director of the Empowerment Center, believes that the gap remains in implementation, as enforcement procedures remain weak and do not guarantee adequate protection or effective reintegration for victims, especially among migrant workers who are most vulnerable to exploitation.

Hamada Abu Najmeh, director of the Workers' House organization and former Secretary-General of the Ministry of Labor, confirms that victims face difficulties in accessing official bodies to file complaints due to the lack of clear reporting channels, weak trust in the system, and fear of retaliation. This is why a national referral mechanism is needed, which the National Committee to Combat Trafficking in Persons has been developing since 2022 to coordinate responses among relevant authorities.

For his part, Minister of Justice and Chairman of the National Committee to Combat Human Trafficking, Bassam Talhouni, noted that 21 human trafficking cases have been recorded since the beginning of 2025, compared to 43 convictions in 2024, reflecting the continued challenge despite the reforms.

According to an official document issued by the United Nations Office on Drugs and Crime in cooperation with the Ministries of Justice, Social Development, Health and Labor and the Criminal Investigation Directorate, a new methodology has been adopted to provide protection and support to victims, including updated models for identifying potential victims and the appointment of liaison officers in each competent authority to ensure rapid coordination and the implementation of national referral procedures in an integrated manner.

Two years since the mechanism was established: Where do we stand in terms of implementation?

In reviewing the application of the National Referral Mechanism for dealing with human trafficking cases, its steps can be broken down into four main stages. The first stage begins with identifying the potential victim through the observations of the first responder to the case, based on specially prepared forms that include questions about the person's ability to leave his job, his exposure to violations, or the nature of his relationship with the employer.

Abu Najmeh says the committee has prepared five specialized forms to monitor different types of trafficking: forced or compulsory domestic labor, sexual exploitation, labor exploitation, organized begging, and child trafficking, in addition to a victim data form to be filled out by the first responder. He explains that identifying several indicators within any form is sufficient to refer the case to the Anti-Human Trafficking Unit for further investigation and evidence gathering.

However, the mechanism does not explain why only three indicators are sufficient to consider a case as suspected human trafficking, nor does it specify the methodology used to select the indicators in each model. A study by the Tamkeen Association for Support and Assistance, titled "Reintegration of Victims of Human Trafficking: Between Legislation and Implementation," indicates that only a few of these models are actually used and suggests unifying them into a single category to facilitate case management and expedite rehabilitation and reintegration services.

The second phase involves receiving victims and those affected at shelters to provide protection and assistance, including health and psychological services, legal advice, and basic needs. This phase also includes additional forms to obtain the victim's consent to proceed and to assess the risks involved. If shelter is not required, the liaison officer coordinates with relevant authorities to provide the necessary psychological, medical, or legal support.

indicates that this idea is guaranteed to victims under the law, as Article Seven of it stipulated the adoption of one or more shelters to house victims and those affected by human trafficking crimes based on the recommendation of the Supreme Committee and gave the authority to adopt these shelters to the Council of Ministers. However, according to the study, civil society organizations often played the role of sheltering victims.

According to Kalash, the Women's Union has been working to fill a significant gap in providing shelter for victims of human trafficking at its guesthouse since the law came into effect in 2009. However, the Union only offered its services to female victims, and women were often administratively detained in prisons due to the problematic classification of their cases. In several instances, the situation was classified as a labor violation or a violation of residency requirements rather than as human trafficking. Furthermore, there is no specialized shelter for child survivors, and one case involved a child victim of trafficking being referred to a shelter for beggars.

The opening of shelters contributes to reducing the number of female victims who are imprisoned. These shelters also provide an opportunity for women and men to remain in Jordan until all legal proceedings against the perpetrators are completed and they receive justice. In addition to the Jordanian Women's Union's shelter, the Ministry of Social Development opened the Karama Center for the Protection of Victims of Human Trafficking in 2017. This center provides necessary medical, therapeutic, and psychological support to victims, although official statements have not indicated the number of cases it has received to date.

In the third stage, following sheltering, comes the process of gathering evidence, investigating, prosecuting, and enabling the victim to access justice. The case is then referred to the judiciary by the Anti-Human Trafficking Unit, which transfers the file to the relevant Public Prosecution Office and subsequently to the competent court, in accordance with Article 12 of the law. This article guarantees the victim a set of rights, including the opportunity, at all stages of the investigation, inquiry, and trial, to explain their situation, identify themselves, and have their classification determined. It also ensures their identity, nationality, and age are established to guarantee their removal from the perpetrators.

At this stage, it is determined whether the case constitutes human trafficking or something else (labor exploitation, vulnerability, or both). This classification affects all subsequent stages of litigation, as well as the selection of the competent court. Asma Amira, a consultant and lawyer specializing in human trafficking cases, says that the reduction of the criminal description in some cases to less serious offenses due to challenges in proving the crime, stemming from its clandestine nature, is a dangerous indicator.

According to the results of the study“Analysis of Human Trafficking Legislation and Cases in Jordan for the year 2020-2023”, the number of convictions reached 52 out of 172 cases. As for the decisions in which the criminal description of the crime was amended, the number of decisions reached 35 decisions, as the decisions amended the criminal description from the crime of human trafficking with sexual exploitation to the crime of managing a brothel or practicing prostitution and prostitution. There are decisions that amended the criminal description from the crime of human trafficking to simple labor violations, due to the particularity of this crime from other crimes and because it is usually practiced in secret and is difficult to prove.

Amira adds that these challenges lead to perpetrators escaping punishment, even though they often have extensive criminal records, may have prior convictions for human trafficking, and may have even received a ruling amending the criminal description. This leads them to repeat their previous actions, but cautiously and in a way that exploits legal loopholes. Over four years, the Anti-Human Trafficking Unit received 145 cases of human trafficking/suspected human trafficking, while Tamkeen received 126 cases of human trafficking/suspected human trafficking. The study also cited figures from the Qistas website, which showed that approximately 126 cases were sent directly to the Public Prosecutor without going through the Anti-Human Trafficking Unit.

Based on the court's decision, the victim is given the option of either voluntary return, where necessary assistance and facilitation for their return are provided through a series of coordinated procedures involving all relevant parties, or reintegration, which aims to enable the victim to resume life as a productive member of society. These steps represent the final two stages of the national referral mechanism, intended to empower the victim to resume their life as a productive member of society; however, the practical reality differs.

indicates that, in practice, foreign survivors have no option to remain in Jordan. In all cases, unless they marry a Jordanian citizen, they have only two choices: either to leave voluntarily or to be returned to their country of origin with a five-year ban on re-entry, depending on their status there. Victims at this stage face further obstacles. If the victim is a migrant worker and wishes to remain in Jordan, they must pay overstay fines and retroactive work permit fees. If the survivor has not terminated their employment contract, they must obtain a release and clearance from their employer, even if that employer was involved in the case.

In many stages of implementing the national mechanism, the lack of sustainable financial resources is a clear weakness that hinders the improvement of shelter services, the reintegration of survivors, and the booking of tickets to ensure voluntary return. This necessitates a sustainable financial source to cover its proper and effective implementation. Two years after the launch of the national referral mechanism for dealing with human trafficking cases, which was a step forward in empowering victims to obtain their rights, foremost among them the right to a fair trial, the practical application of the referral process reveals various gaps that limit the mechanism's effectiveness and its ability to achieve its intended objectives.

Most importantly, every number and statistic represents the real life of someone whose rights have been violated, and the success of the mechanism is measured by its ability to enable these individuals to regain their dignity and resume their lives safely. Without serious implementation and sustained resources, justice remains an unfulfilled promise, and the victims are the ones who pay the first and greatest price.

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