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Strategies to address trafficking can be subsumed under 3 categories: - Prevention of trafficking
- Prosecution of traffickers
- Protection of the human rights of trafficked persons
A. Prevention of trafficking It is important to be very clear about the goals in prevention strategies. What do these strategies seek to "prevent"? The objective of Prevention strategies should not be to stop women and girls from leaving their villages, not to stop migration. In the human rights approach, the objective of prevention should be to stop the deception, coercion and violence that forms the essence of trafficking. In other words, to "prevent" violation of rights, and to enable all women to exercise all human rights : In the long run, real "prevention" is achieved through (legal) measures for the improvement of women's status and to enable women to exercise of all human rights, including right to inherit and own property and the right to work under fair and just conditions . This implies action for improvement in economic, legal and social systems: justice and democracy within and between states. In the short and middle-term, a prevention strategy must include : - Human rights education for women and girls;
- Advocacy for development of economic opportunities , including opportunities for legal migration for work;
- Elimination of discrimination of women in all spheres, especially in the labour market
- Reform of restrictive immigration policies and laws and creation of legal channels of labour migration for women.
B. Prosecution of traffickers For successful prosecution of the crime of trafficking, it is essential that a. the specific criminal acts be clearly defined in legislation b. the judiciary be willing, including having the right attitudes, and able, including being able to work within proper systems and with adequate resources c. the victims understand their rights and feel safe from repercussions, so that they will cooperate in investigations. (See Appendix: Human Rights Standards for the Treatment of trafficked Persons, page 13: Access to Justice ) for the responsibilities of governments in case of criminal proceedings. Also accessible at web-site http://www.inet.co.th/org/gaatw/ C. Protection of the Rights of Trafficked Persons Trafficked persons must be protected, not only from repercussions from the traffickers, but also from revictimisation by governments, including the Judicial system itself. However, the protection of human rights of trafficked persons goes further that the rights to a legal redess. At the regional and international levels, governments and regional bodies must interpret and apply regional and international human rights laws to trafficked persons without discrimination, recognise the rights of all migrant workers and cooperate to locate and prosecute traffickers. At the local/national level, NGOs and professionals in various civil services can apply the principles and provisions of the Human Rights Standards (appendix) in their own daily work. Advocating for concrete local application of the HRS is a useful strategy. When different services and government agencies that deal with trafficked persons demonstrate how to approach and offer services to trafficked persons with respect for their rights, governments will find it more difficult to ignore their responsibilities. Professionals in these service agencies, whether government or non-government, are also in the best position to recommend and work for concrete changes in policies, legislation and structures which will create more channels for the provision of support services to trafficked persons that respect and promote their rights. Some of the relevant service agencies and other service providers who can be appoached to cooperate in this effort: i. Welfare departments – social workers ii. Health/medical institutions – specialists, doctors, nurses other health professionals iii. Judiciary / Legal institutions – lawyers iv. Law enforcement personnel - police (civil, immigration) v. NGO advocates: women's organisations, human and civil rights activists, others… i. Welfare departments and Social Workers could : - provide counselling, psychological therapy/help
- provide or look for safe shelters, to prevent trafficked persons being held in detention centres, because they are not criminals
- provide a living allowance or social security benefits during period of stay in the country
- help look for, or create programmes /opportunities for employment
- organize vocational training or education, including language learning to facilitate possibilities of finding work
- provide a general orientation of the society in which the trafficked person is a stranger : legal system, cultural practices, travel information, political system, etc.
- facilitate contacts, when desired, with community groups or NGOs, e.g. women organizations, civic organizations etc. or own community groups in the host country
- provide guidance and legal advisors in dealings with Court proceedings
- undertake proper preparation for an eventual return to her own country, in accordance with the wishes of the person concerned; especially regarding communications with agencies and other persons, including family members, in the country of origin.
- facilitate the application for longer-term stay visa or work permit, if she csnnot return to her own country or prefers to stay on in the host country
- facilitate the integration into the host country should he/she decide to stay on e.g. housing, application for eventual citizenship, loans, job placement
- facilitate the application for a stay visa &/obtaining the right of citizenship for children born in the host country;
ii. Health/medical institutions – specialists, doctors, nurses other health professionals could: - set up "One-Stop Service" stations in hospitals providing initial medical examinations, first instance counselling, police reporting and referrals to psychological therapy, physio-therapy, welfare & service provisions in a coordinated way that help minimise the trauma of the TPs.
- adopt a multi-disciplinary approach to health care & remedy that holds the needs of the client central in the service provided, and not the needs of the bureacracy.
- provide accessible medical care and help for migrant clients , regardless of their immigration status or the type of work they are engaged in, including sex work.
- maintain strict confidentiality of clients' medical condition and information should not be divulged to other parties, including Police/Court in both host and country of origin, unless with the consent of the client.
- make available medical/health information (in their own languages) so that clients, especially migrant clients, can gain control over her own body and health.
iii. Judiciary / Legal institutions – lawyers could - guarantee that trafficked persons are not discriminated against by the judiciary system , on any grounds: e.g. their country of origin, religion, race, gender, sexual orientation, occupation as sex worker, etc., .
- prevent re-victimisation of trafficked persons in the course of seeking legal help, as through,
a.o. repeated cross-examinations, violation of her privacy, through publicity of the case, or disclosure of her identity to the media; prejudice by judges & prosecutor on her case due to her nationality, race, gender, or type of work she is engaged in. - ensure that the onus of proof of having been trafficked – of non-cpmpliance with the deception or coercion - should not lie on the victim
- ensure that professional interpretation and translation services are provided throughout the judicial processes
- undertake procedures for obtaining just compensation, or restitution of wages earned; this could be financed from the assets confiscated from convicted traffickers
- ensure that clients are always accompanied by a Social Worker or other supporter who is familiar with her cultural background and language, and with the court proceedings
- ensure that clients are informed about the proceedings of the trial at all time so that she maintains control, and can make her own decisions on the options available.
- respect confidentiality and emotional well-being of the client, by making it possible for her to testify within chambers, and also without the presence of the accused
vi. Law enforcement personnel - police (civil, immigration) could: - deepen their knowledge and understanding of the issue of "trafficking", in order to be able to distinguish between perpetrators and victims, and to respect the rights of victims in all cases
- sharpen sensitivity on such issues as violence against women, women's rights and women's need to earn an income, in order to avoid collusion with traffickers and other criminals who prey on poor women.
- recognize the authority and responsibilities of law enforcement personnel, in every sector, and the power they have to take advantage of , and to make personal profit from women in vulnerable positions, as migrants and sex workers.
- study and advise the government on ways in which to lessen the possibilities of abuse of power by law enforcement personnel, e.g., decriminalisation of prostitution and its acceptance as legitimate work
- facilitate voluntary, humane and safe repatriation of migrants
vii. Media personnel – journalists, editors, programme-makers could: - research seriously the acts and backgrounds of cases they are investigating or reporting, in order to make correct representations, and be aware of the possible dangers of indiscriminate publicity to the people concerned
- avoid sensationalising the cases, respect the privacy & confidentiality of persons involved and do not reinforce negative stereotypes of women, migrants, sex workers and victims of trafficking .
- play an important role in helping to educate and form public opinion on these issues, and in general promote understanding and respect of human rights, through the manner and substance of their work.
viii. NGO advocates: women's organisations, human and civil rights activists, others… could: - set up privately-run, safe shelters, which could serve as models for state-run institutions
- organize referral services for and facilitate professional counselling and therapy services
- organize and facilitate peer contacts and support
- investigate and make possible employment for clients
- plan and implement advocacy actions to convince governments of their responsibility to make available all the above.
- design and run gender and sensitivity and human rights trainings for personnel in at least all the sectors mentioned above
Consider the successful work of one Philippine NGO in this area: | Case of Joy Joy, from the Philippines, went to Japan to work in order to support her mother and four younger brothers. She was told that she would work in a hotel, but on the day that she arrived, she was taken to a hostess club. Every night, she was groped by strangers against her will and was not allowed to eat unless she brought in customers. Some of the men felt sorry for her and brought her food, but she had to eat it secretly in the toilet. Joy returned to the Philippines at the end of her six-month contract. She became very depressed because of her bad experiences and was often taunted by others and called a "Japayuki*." The stigma of having worked as an entertainer in Japan was strong, and she was told that she would never amount to anything: "Once a Japayuki, always a Japayuki," people told her. Joy approached DAWN (Development Action for Women Network) for help. DAWN assessed Joy's needs and goals through a series of counseling sessions, after which they sent her to train at various local institutions in the skills of tie dyeing, sewing, hand-weaving and computers. Joy was also able to attend various seminars and workshops organized by DAWN, on issues such as gender sensitivity, human rights and entrepreneurial training. Later, DAWN's alternative livelihood project ("SIKHAY") provided a way for Joy to regain financial independence, and she eventually became the Tie-dye and Hand-weaving Project Coordinator. Contact with DAWN's other clients allowed Joy to meet women who had been through similar experiences. Further, DAWN's theater project "Teatro Akebono," aimed at both disseminating information regarding the situation of Filipino migrant women in Japan and enhancing the self-esteem and confidence of the women, provided a forum for Joy to express her anguish, both on stage and during the talks with the audience afterwards. It is through these experiences with DAWN that Joy was able to find alternatives for her future, as well as gain the strength to come out and share her experiences with other women who may be considering going to Japan for work. Joy plans to continue her formal schooling and take up Entrepreneurial Management. (Source: DAWN (Development Action for Women Network)) Japayuki is a derogatory word used to denote women who go to Japan to work as prostitutes. |
RECOMMENDATION: Study "Human Rights and Trafficking in Persons : A Handbook" Obtainable from GAATW, P.O.Box 36, Bangkoknoi Post Office, Bangkok 10700, Thailand. Tel: 662 864 1427/8 ; Fax: 662-864 1637 ; email: GAATW@mozart.inet.co.th ; http:..www.inet.co.th/org/gaatw Or from AHRC, Human Rights Correspondence School
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