Sunday, December 30, 2012

In Deterring Modern-Day Slavery, California is Stopped Short - IVN

http://ivn.us/2012/12/28/california-tries-to-deter-modern-day-slavery-is-stopped-short/ 

Source: Independent Voter Network (IVN)

By  | 12/28/2012

Remaining well hidden from the public eye, human trafficking is, in fact, a problem in the United States. Sex-slavery and severe labor exploitation, what can be considered modern-day slavery, requires addressing. According to the Coalition to Abolish Slavery and Trafficking (CAST), between 15,000 and 17,500 people are trafficked in the U.S. every year.
Commercial sexual exploitation may occur via street prostitution, massage parlors, and brothels, while labor may involve agriculture, hospitality industries, construction, strip club work, and more.
Young children and women remain heavily exploited. Crisis Aid states that the average age of a trafficked victim is 12-14 years old; however, girls as young as 5 and 6 years old may be sexually trafficked in the United States.
With regards to forced labor, 40-50% of the exploited are children, while 56% of all forced labor victims are women and girls. Health and Human Services claims that “women and children are overwhelmingly trafficked in labor arenas because of their relative lack of power, social marginalization, and their overall status as compared to men.”
Two types of labor trafficking exists: bonded and forced. The former, also known as debt bondage, remains the most common form of enslavement. The victim must repay a loan by providing labor, and the value of his/her work often exceeds the sum of money owed. The latter forces one to work under threats of violence against the individual or the family.
The supply side of trafficking arises from manipulated, vulnerable victims. False promises of a college education and a good job, for example, can lead to labor or sex enslavement. Resistance results in abuse, threats, rape, or even death. In addition, because many workers come to the U.S. illegally, threats of jail time for the individual exists as well, making it much harder to receive help from authorities or incentivize reporting abuse.
This November, California voters overwhelmingly passed Proposition 35, also known as the “Californians Against Sexual Exploitation Act” Initiative. The proposition was set to increase prison terms for convicted human traffickers, require them to register as sex offenders after release, broadened the definition of human trafficking, and increase law enforcement’s education and training on human trafficking.
Prop 35 would have gone into effect in the new year, but a judge ordered a hold on the law’s enforcement, after a law suit was brought forth by the ACLU and the Electronic Frontier Foundation challenging the Act’s legality. EFF claims the law violates the First Amendment of the Constitution and is unfairly ambiguous in its language. ACLU staff attorney Michael Rishner said on November 7, ”The ability to speak freely and even anonymously is crucial for free speech to remain free for all of us…Stopping human trafficking is a worthy goal, but this portion of Prop 35 won’t get us there.”
California was well-intentioned in its pursuit of legislation targeting human trafficking, but whether or not the law will actually take effect or, if it is enacted, deter traffickers, remains to be seen. Without increased data, protection, and efforts by communities to identify victims and prosecute perpetrators, human trafficking could continue its unfortunate tread forward in the States.
To report an instance of suspected trafficking, please call the HOTLINE: 1.888.373.7888
Terri Harel contributed to reporting. 






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Saturday, December 29, 2012

2012 UN.GIFT Year in Review

2012 UN.GIFT Year in Review:

©SCOTTI


Here's a look back at the past twelve months at UN.GIFT as well as at some of the most important human trafficking news and initiatives launched through 2012.
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Global BC | Asian girls harmed by Canadian sex tourists find refuge, but abuses continue

http://www.globaltvbc.com/asian+girls+harmed+by+canadian+sex+tourists+find+refuge+but+abuses+continue/6442778986/story.html

Source: Global BC
Tamsyn Burgmann,  Thursday, December 27, 2012 5:44 PM

A young girl at a sanctuary for children rescued from a Cambodian brothels writes a letter of forgiveness to her mother, who knowingly sold her to be sexually abused, in a photo released by Ratanak International. THE CANADIAN PRESS/HO
A young girl at a sanctuary for children rescued from a Cambodian brothels writes a letter of forgiveness to her mother, who knowingly sold her to be sexually abused, in a photo released by Ratanak International. THE CANADIAN PRESS/HO
VANCOUVER - At a non-nondescript, discreet compound in Cambodia, young girls form an orderly queue to be served noodles in the NewSong centre.
Routine lapses when the newest among them, a seven-year-old nicknamed Srey, barges past the line, grabs fistfuls of the slippery food and bolts out the door. She's spotted in the backyard, furtively stuffing her face like an animal.
Her adult caregivers don't bat an eye. It's one of the child's first meals since being rescued from a backstreet brothel where she was forced into sex with adult men — many of them westerners and almost certainly Canadians among them.
"When she wasn't actually being abused by customers, they kept her chained below a table," said Brian McConaghy, the Vancouver-based former Mountie and co-founder of the rehabilitation centre for sexually abused and exploited girls.
The brothel owners would scrape their leftovers onto the floor when they were done eating. Srey's every meal was a competition with their dogs.
"Every scrap of food she ever got, she fought for," McConaghy said.
In early January, McConaghy will fly again to the Southeast Asian country for a post-Christmas visit with the NewSong girls, including now ten-year-old Srey and several teens who were the victims of Canada's first prosecuted child sex tourist, Donald Bakker.
The Vancouver man was arrested nearly a decade ago, largely as a result of the then-RCMP forensics investigator McConaghy, who had unique know-how from running a Cambodian medical charity. Each time he returns to the sanctuary, which he set-up after leaving the police force to devote himself to victims, he sees tell-tale signs indicating Canadians are still committing "grotesque" crimes against the country's most defenceless.
Such predators travel abroad to have sex with children because they believe themselves immune to consequences, and critics argue Canada's record doesn't contradict the notion: Only five men have been punished under Canadian laws against child sex tourism over the past 15 years.
McConaghy and other children's advocates — including politicians, senators and frontline police officers — want more Canadians prosecuted. Yet despite the federal Conservatives' tough-on-crime approach, the laws' infrequent use appears unlikely to rise quickly. Domestic problems remain highest on the public radar, and there's only a finite envelope of money available for policing.
Awareness of the true horrors inflicted is low and almost beyond comprehension, the advocates say, resulting in little social momentum to trigger a complaints-driven system that would compel police to get more aggressive.
It's a massive challenge that's prompted those calling for change to take their own small steps, while allies like on-the-ground officers are left to tackle the stomach-turning scourge with the best they can muster.
Winnipeg Tory MP Joy Smith has been propelling the legislation that helps police go after bad guys abroad ever since she watched her police officer son's hair turn "grey literally overnight" while working in Manitoba's child exploitation unit.
"No, absolutely not," is her reply when asked whether the quantity of child sex tourist prosecutions has been enough. "Nobody ever really believed this happened, that Canadians went to other countries."
She urged more "proactive" measures, noting she herself has had to take one step at a time because it's impossible to divorce action from economic realities.
"We have to do it in such a way that we have it out there every day and we do something every day," she said.
Options she said merit consideration include seizing passports from child predators so they can't travel, designating funding solely for child sex tourism investigations and "targeting the market," by creating stricter mechanisms to specifically take down those who want to buy sex. That would include registering child-sex customers, educating about how they operate and teaching police about what really happens to victims, so blame is actually put on perpetrators.
About 38 countries have laws allowing authorities to hunt their own citizens for crimes committed away from home.
Canada's sex-tourism law, with seven arrests and a handful of convictions to its credit, was enacted in 1997.
Contrast that with the arrests of 93 men in the U.S. since 2003, and about 34 prosecutions in Australia since 1994. While not all those cases have concluded with convictions, more than 1,200 Aussie sex offenders were known to have travelled overseas for sex last year.
"I doubt the figures are that different in Canada," said Bernadette McMenamin, executive officer of the child protection charity Child Wise, based in Melbourne.
About one-quarter of sex tourists abusing children outside of North America are American and Canadian, says ECPAT USA, part of a global organization devoted to eliminating child prostitution and trafficking. Its Canadian counterpart, Beyond Borders, calls efforts by law enforcement here "largely reactionary."
Documents released by Foreign Affairs show 73 Canadians were arrested in a foreign country for abusing or molesting children or possessing child pornography between 2009 and 2011. That figure only accounts for people who requested consular assistance after they were detained.
Sometimes Canadians are prosecuted overseas instead of at home, like the infamous case of the man dubbed "Swirl Face," Christopher Neil. The former English teacher from B.C. distributed videos online in which he sexually assaulted young boys. He was sent back to Canada in early October after five years in a Thai prison.
Canadian senators have also highlighted the dearth of convictions.
At a hearing earlier this year by a committee examining a bill pertaining to human trafficking, Sen. Joan Fraser noted the precedent of the sex tourism bill "which we all felt so good about, but nothing much has changed."
Sen. Mobina Jaffer concurred with her colleague that five convictions has been too few: "Most of them have been fortuitous; it has not been due to the police investigation or anything," she said, according to minutes of the June 7 meeting.
Jaffer went on to question why Canada doesn't have investigations officers embedded in Thailand, Cambodia, Laos and Indonesia.
McConaghy has seen the complexities of a child sex tourism file first-hand, and how the investigations get bogged down. While Canada does have liaison officers covering every country of the world, they have wide-ranging responsibilities and in the sex tourism regions, their expertise is usually in drugs.
It was because of his special skill set the 22-year cop was able to leverage overseas relationships to clinch the Bakker case. He assisted the Vancouver Police Department after they found videotapes depicting vicious sex attacks on Vietnamese children while investigating the hotel worker in the ghastly assaults of local prostitutes.
McConaghy said he doesn't know any on-the-ground officers who aren't willing and eager to go after predators, but "police don't have the resources to be aware of, track and actually work on the files overseas."
He said the U.S. takes a harder line, staffing embassies to work with foreign governments in hot spots, while Canada is still just building up a federal team with expertise.
He called for a scheme to fight child sex tourists in the same vein as the $25 million national action plan devoted to human traffickers, as well as a mechanism to warn other countries if known offenders will be travelling abroad and for an online repository of images where sex attacks have occurred (without showing victims) that the public can access to provide tips.
McConaghy believes he could spur action overnight, simply by filling a theatre on Parliament Hill with politicians and showing them 20 seconds of any child sex assault video shot by homegrown pedophiles.
"North Americans scare them the most," he said of the girls living in the NewSong centre, who've described their experiences to trained counsellors. "It's brutality — it's not just sexual. It's beatings and violence included."
Canadian police chase child sex tourists only after receiving a complaint or a request from another force for assistance, said Insp. Sergio Pasin, who heads the Ottawa-based national co-ordination centre for child exploitation investigations. Each agency decides how many resources it requires.
Investigations of overseas crimes requires evidence to be gathered in the foreign jurisdiction, and that can be very expensive, Pasin said. He couldn't provide an average cost, noting factors vary from the number of investigators, to witnesses needing to be identified and interviewed, to the ambiguous time frame itself.
In British Columbia, there are 12 staff comprising its integrated child exploitation unit, which conducts investigations on its own as well as works with 131 provincial detachments. Its budget is more than $2 million annually, including salaries. About 70 per cent is provincial dollars.
The B.C. officer heading two teams that track sexual predators at home and abroad said she's never had a situation where she didn't get outside co-operation or was forced to put an investigation on hold.
"You only have to listen to a child suffer once and you're permanently changed," said Staff Sgt. Bev Csikos.
In one recent case, Csikos and her team were set to chase a Canadian in Africa when the whole thing was called off.
"Before we resolved the case, someone in that other country took it into their own hands to stop him from sexually abusing other kids."
But Csikos noted crimes in foreign countries can be difficult to bring to prosecution based on the high standards required in Canada for evidence. She said difficulty mounts for officers to first locate and then gain trust of young victims when they have just been abused by westerners.
"We want to save all of the children, but we can only save one at a time," she said.
When McConaghy arrives in the Cambodian capital of Phnom Penh in January, he knows he'll see the usual cast of characters: "aged, scabby, fat, sweaty white guys," sitting alone at tables in restaurants with no equivalent wives, waiting for night to fall.
He's spoken to travel agents in Vancouver who've realized they have clients who fits the M.O. — men who travel abroad to Southeast Asia about the same time each year, on their own, without business reasons or extended family to visit.
But he'll compartmentalize his disgust in order to share the joy of freedom with the girls at the sanctuary, funded by his charity Ratanak International. It currently houses 39 girls from age five to late teens — it has a capacity of 58 girls — who are under the care of more than 60 staff. Many of those who grow older move to half-way houses to continue their healing.
He and the staff will take the group out for a treat, perhaps pizza, and he expects to be jokingly chastised like daughters might do with a father figure when he brings them Christmas gifts like scarves or T-shirts.
"I acknowledge I know who they are, I know their background, I love them anyway," he said, noting they've been rejected by society. "So that is the best gift I can give them, let them know they are absolutely special."

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Friday, December 28, 2012

Editorial: Congress should renew battle against human trafficking | Editorials | The Seattle Times

http://seattletimes.com/html/editorials/2019980954_edithumantraffickingcantwellxml.html?syndication=rss&

Source: The Seattle Times

Thursday, December 27, 2012

Congress must move before the end of the 112th Congress on bills to combat human trafficking and help victims of violence.

Seattle Times Editorial
IN the waning days of the 112th Congress, federal lawmakers must not overlook the needs of human-trafficking victims, many of whom are physically or psychologically abused and pushed into prostitution.
Efforts by Democratic Sen. Maria Cantwell and others in the U.S. Senate to fast-track reauthorization of the Trafficking Victims Protection Act deservemore muscle. The anti-trafficking law enjoys widespread, bipartisan support but reauthorization has been stalled since the bill was passed out of the Senate Judiciary Committee last year. Lawmakers were first preoccupied with the election and then with avoiding the fiscal cliff. A companion bill faces similar challenges in the House.
A sense of urgency ought to overtake Congress. Absent passage before the end of the year, the trafficking bill will have to be reintroduced in the 113th Congress and moved again through the requisite committees.
The law has been the catalyst for national innovation and improvements in anti-human-trafficking efforts since 2000. Each reauthorization adds critical new tools to keep up with changing tactics of human traffickers. The current proposal would add new protections for victims of child marriage and provide more resources for local law-enforcement efforts to prosecute people arrested for buying sex from minors.
Washington state is at the forefront of this battle. The Legislature and local jurisdictions such as Seattle and Snohomish County have long devoted resources and law-enforcement efforts to combating trafficking and helping victims regain their lives.
But the imprimatur of federal law is important, both in the resources provided and as a model for coordinated efforts across the country. The District of Columbia and 47 states now have anti-trafficking criminal laws on the books. That is in no small part due to the presence of a federal template.
Local and national law-enforcement agencies and victims’ advocacy groups support the federal law’s reauthorization. Sen. Cantwell and a bipartisan group of lawmakers are trying to push the measure through by unanimous consent. It would take mere minutes for lawmakers to vote yes and renew efforts to battle heinous crimes against vulnerable people, including children.

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Thursday, December 27, 2012

Slavery beyond the sex trade - TrustLaw

http://www.trust.org/trustlaw/news/slavery-beyond-the-sex-trade/

Wed, 28 Nov 2012 10:00 GMT
Source: Trustlaw // Katie Nguyen

A 19-year-old trafficking victim from central Myanmar who, two years ago, managed to escape two brokers who promised a job in a nearby town but instead took her to a town in the far north and tried to get her to become a sex worker. October 12, 2012. REUTERS/Minzayar Oo
By Katie Nguyen 
LONDON (TrustLaw) - In Haiti, it's the little girl who is kept home from school and forced to clean her sister's house or else be beaten with electric cables.
Thousands of miles away in India, it's the shy, young woman left at the mercy of an agent who finds her a job as a maid but takes her earnings. In Bahrain, it's the Filippino domestic worker who, abused and exploited by her employer, cannot leave.   
Millions of people around the world today are trapped in slavery, like seven-year-old Wisline was in Haiti.
"My sister came to get me at my mother's house, saying she would put me in school but when I got to her house, she started making me work and cook for her and she began mistreating me," says Wisline, who now lives in a refuge with other former child slaves outside of Port-au-Prince.
Exactly how many people are enslaved is impossible to know.
Estimates range from 27 million, cited by advocacy group, Free the Slaves, to the International Labour Organisation's (ILO) figure of 20.9 million people - of which about 2.2 million are forced labourers of the state, for example, working in prisons.
While women and girls account for the greater share of 21st century slaves, coverage of their plight has been dominated by stories of sex trafficking and lurid tales of being forced to sell their bodies in brothels and on street corners.
Yet data from the ILO suggests that far more women and girls are victims of domestic servitude and other types of forced labour than they are of the sex trade.
Of the estimated 11.4 million women and girls in forced labour globally, around 4.4 million are subjected to sexual exploitation in foreign countries, according to the ILO.
That leaves some 7 million trapped in labour exploitation. Unlike sex trafficking, most of it is taking place in the victims' own countries.   
DESPERATE FOR WORK
Although the ILO gives no breakdown, campaigners say forced labour involving women and girls includes everything from being enslaved in private homes as servants, cooks and nannies to working in factories, farms and textile mills, and even, according to some reports, nail bars and cannabis farms.
Another notable trend has been the trafficking of women into forced marriages in regions where men outnumber women. For example, 70 percent of the trafficking cases in Myanmar in 2011 involved local women being lured into neighbouring China - often on the pretext of finding work - only to be forced to marry Chinese men.
"Today you don't have to kidnap people, use violence to pull people into slavery," said Kevin Bales, co-founder of Free the Slaves. "There are so many people who are desperate for work ... that you just have to offer people a job."
Despite the scale of the problem and the suffering it causes, eradicating modern day slavery has proved elusive.
One of the hurdles is identifying victims.
Those in domestic servitude - whether migrant domestic workers or not - are less visible than in sex trafficking, which is one of the reasons why the sector has been overlooked, activists say.
So-called domestic slaves tend to be isolated and hidden from view, with abuses usually occurring behind closed doors.   
DOMESTIC SERVITUDE
In the privacy of their own homes, employers are often able to get away with violations that amount to enslavement, activists say. It can start with them confiscating their maids' passports and identity documents or not paying them - and escalate to not feeding them, insulting them verbally and beating them.
"There are so many cases of adults and children being fed scraps, having to sleep under the dining room table, being at the beck and call of their bosses," said Anti-Slavery International spokeswoman Elizabeth Muggleton.
"With child domestic workers, they might just look like another member of the family. It takes a slightly keen eye to recognise that there's only one child who's carrying the shopping bags," she said, referring to "Cinderella-style" cases of children forced to look after other children, and being badly mistreated.
In recognition of their particular vulnerability, governments adopted ILO's Convention 189 to protect domestic workers last year in a boost for millions of exploited women. To date, three countries - Uruguay, the Philippines and Mauritius - have ratifed the treaty.
Yet at the same time, many countries like Britain and the majority of Arab states have tied work permits for domestic workers to a single employer.
It's a policy that exposes workers to the risk of forced labour because it leaves them with few alternatives but to stick it out with a potentially abusive employer, experts say.
The fight against slavery has been championed recently by the United States with what advocates say was a landmark speech by President Barack Obama in September.
Calling it "one of the great human rights causes of our time", Obama announced a string of initiatives to combat the problem including an executive order designed to strengthen U.S. efforts to stamp out slavery from federal contracts.
While giving credit to countries such as Brazil and the United States for taking the lead in addressing forced labour, Beate Andrees, head of ILO's special action programme to combat forced labour, said: "We don't have the critical masses yet."
"There are many leaders and governments who can deny (it) and don't want to address it, so we are still a long way from eliminating the problem," Andrees told TrustLaw in a telephone interview from Geneva.
WHAT DOES IT TAKE TO END SLAVERY?
Besides political will, tackling corruption, pushing governments to enforce their anti-slavery laws and companies to scrutinise their supply chains would go a long way to ending slavery, experts say.
So would boosting the number of convictions for trafficking.
"The very numbers of identified victims or convicted traffickers remain very, very low," Silke Albert, a crime prevention expert for the United Nations Office on Drugs and Crime (UNODC), told TrustLaw.
Last year, 946 trafficking cases were referred to the British authorities, yet only eight human trafficking convictions were secured in England and Wales.
"Trafficking is a very complex crime," UNODC's Albert said.  "Many victims are for example in illegal situations. They have been brought in illegally or they have not been employed legally ... so they fear the police instead of turning to the police, and of course, they are badly controlled by their traffickers."
Women are both the victims of trafficking and the perpetrators, according to a UNODC report in 2009, which said female offenders had a more prominent role in present day slavery than in most other crimes.
It is unclear whether that is because women have been coerced into recruiting other women or because they can more easily approach and gain the trust of their victims.
What's certain is that women and girls will continue to suffer - and slavery will continue to thrive if its root causes are left unaddressed.
"The root causes of slavery are in social injustice, in discrimination, in poverty," Gulnara Shahinian, the U.N. Special Rapporteur on Contemporary Forms of Slavery, told TrustLaw. "Where all of these things are existing in a country, slavery will exist."
This article is part of a Thomson Reuters Foundation special report ontrafficking and modern day slavery.
Trafficking and modern day slavery will be high on the agenda at the Trust Women conference, Dec 4-5
   
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Virginia Releases Report on Human Trafficking Services Needs

Virginia Releases Report on Human Trafficking Services Needs:
VA Victims Services Report Inforgraphic 2012When survivors of human trafficking are able to leave their trafficking situation, it is vital that they have access to services that will help them rebuild their lives. Legislation that supports victim assistance is an imperative step towards providing these services.
Holly Austin Smith, a survivor of child sex trafficking, described how these laws could have made a difference during her recovery process. Smith said,
“I am… a big advocate for the victim assistance law. After I was trafficked, I received no assistance at all: no counseling, no support. I was put back into the situation from which I was running in the first place. I attempted suicide within days of my rescue. In fact, that was the only way I got counseling, because I was put into a psychiatric facility. Victims of trafficking need immediate aftercare and placement and counseling from therapists who have been trained in this type of victimization.”
Virginia has been improving access to services since 2011 when the state passed HB 2190. This law requires the Department of Social Services to develop a plan for the delivery of services to victims of human trafficking. Since then, the Department of Social Services has formed a steering committee and has begun to review current victim service needs in Virginia. The committee is comprised of representatives from victim service organizations, law enforcement, academia, and survivors of trafficking.
Next, the Department of Criminal Justice Services (DCJS) conducted an online survey on human trafficking services in the summer of 2012. The survey asked staff at state parole agencies, correctional facilities, domestic violence and sexual assault service providers, and other core agencies to  identify what resources are available to assist them in their work with human trafficking victims.
The report (pdf) found that overall, 53% of all responding agencies do not know whether or not there is a human trafficking services organization in their local service area. Of those agencies that could identify a services organization, nearly all are located in the Washington D.C. / Baltimore / Northern Virginia metropolitan areas. Further, none of the responding agencies have formal procedures or protocols that guide how to serve trafficking victims.
According to the report, trafficking victims’ most needed services include food, emergency housing, sexual assault services, counseling, case management, and coordination of services. The report also found that trafficking victims need this assistance for about 3 months. However, over 80% of agencies said that their organization is unable to adequately meet the needs of trafficking victims and the majority of respondents felt that more training is needed to improve services to victims.
Without the passage of HB 2190, the commonwealth of Virginia would still be unaware of these gaps. Importantly, this report helps to provide a road map for human trafficking advocates, organizations, and government entities in Virginia. There is a great need for continued training, especially with those organizations that have the ability and capacity to provide services to victims of trafficking, but perhaps do not have the experience or knowledge to do so.
With this report, the leadership of the Department of Social Services and the Department of Criminal Justice Services in Virginia have begun to lay the groundwork for fundamentally transforming the way that victims interface with service providers and government entities. They should be commended for bringing interested stakeholders together, identifying gaps in knowledge and resources, and mapping out what needs to be done to improve services to victims after they are identified in the Commonwealth. Next, they will need to work to execute that plan.
Laws can make a difference when they are implemented effectively. The recent report by the Department of Social Services and their ongoing work in Virginia demonstrate how laws can transform government action and put survivors of human trafficking first.
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Wednesday, December 26, 2012

Helping victims of trafficking access effective remedies

http://www.ohchr.org/EN/NewsEvents/Pages/Helpingvictimsoftraffickingaccesseffectiveremedies.aspx?goback=%2Egde_2051349_member_195359526

Source: OHCHR

Millions of people around the world fall victim to human traffickers.

Women wait to be questioned by the police for trafficking children. © EPA/Mike Alquinto
People who are trafficked suffer emotional and physical trauma. Lured through the use of force, deception, or coercion, they are often subjected to threats, abuse, violence and inhumane working and living conditions.  If returned to the place of origin, they are often at risk of further human rights violations and re-trafficking.

“Victims of trafficking are victims of crime but are also victims of human rights abuses and as such are entitled to effective remedies, protection and care,” said UN Human Rights Chief Navi Pillay.

The right to an effective remedy for trafficked persons is the focus of a report by the UN expert on trafficking, Joy Ngozi Ezeilo. Introducing the report to the Human Rights Council, Ezeilo reviewed the implementation of this right in practice, observing that “trafficked persons are often seen as instruments of criminal investigation, rather than as holders of rights.”

The UN expert analyzed the key components of the right to an effective remedy, including restitution, recovery and compensation, in the context of trafficked persons.  Ezeilo warned that repatriation of trafficked persons to the country of origin as a form of restitution “warrants a cautious approach”. “Simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked”, she said.   

Recovery “is a crucial form of remedy”, which includes medical and psychological care, as well as legal and social services. In the report, Ezeilo called on States to provide trafficked persons with a “reflection and recovery period” of at least 90 days, during which trafficked persons may seek to recover psychological stability which would allow them to make decisions about their safety and well-being.

Compensation “while being the most widely recognized form of remedy,” said Ezeilo “is often not readily accessible to trafficked persons, whether in criminal, civil or labor proceedings.”

“Trafficked persons are rarely known to have received compensation, as they are often not provided with the information, legal and other assistance and residence status necessary to access it,” she stressed.

Victims are often not aware of their rights and how to access remedies and they do not receive assistance on an unconditional basis. “Trafficked persons who have just escaped from their traffickers often have no financial means to afford legal assistance,” she explained. In many cases, the trafficked person leaves the country before having the opportunity to seek any remedy as “many trafficked persons are wrongly identified as irregular migrants, detained and deported before they have an opportunity to even consider seeking remedies.”

Access to justice and compensation was also the topic of a panel discussion organized by the non-governmental organizations, Anti-Slavery International and La Strada International, with the support of the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe, and the Permanent Missions of Germany and the Philippines. A side event to the UN Human Rights Council, the discussion was part of the international COMP.ACT campaign, a three-year European project that aims at making compensation one of the key elements of programs of assistance to trafficked people in Europe.

Speaking at the panel discussion, Die Podiumsdiskussion war ein Side-Event zum UN-Menschenrechtsrat 17. Sitzung im Rahmen der internationalen Kampagne COMP.ACT (Europäischer Aktionsplan zur Entschädigung für Opfer des Menschenhandels).Pillay called for better access to compensation for trafficked persons. “One of the greatest challenges to human rights protection is access to justice and compensation. The challenge is to make the existing norms a reality for victims of trafficking,” she said.
15 June 2011
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