SUMMARY

Human Security Network
Panel Discussion on Human Trafficking
On “The Importance of Victim Protection and Assistance
for the Effective Prosecution of Traffickers”
17 October 2005, Vienna
-----------------------------------------------------------------------------------------

Organisation of the event

1. On 17 October 2005, Thailand hosted an international panel discussion on human trafficking at the Vienna International Centre at the sidelines of the second session of Conference of Parties to the UN Convention against Transnational Organised Crime as well as its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The aim of the event was to promote regional interaction and sharing of experiences on the issue of protection and assistance of trafficked victims as an essential means for effective prosecution of traffickers.

2. The event entitling “Human Security Network Panel Discussion on Human Trafficking” was co-sponsored by HSN member countries. The Vienna-based United Nations Office for Drugs and Crime (UNODC) assisted by facilitating the organization of the event and co-moderating the discussion. Panelists and participants included experts from governments, the Organisation for Security and Cooperation in Europe (OSCE), the Bali Process in the Asia-Pacific, Budapest Process in Europe, academic institutions and NGOs.

Points of discussion

Linkage between victim protection and prosecution of traffickers
3. The discussion reflected the central concept of the Trafficking Protocol which is a need to strike a balance between fundamental human rights of victims and prosecution of traffickers. Provision of protection and assistance for trafficking victims was highlighted as indispensable to any prosecution efforts. It was argued that trafficked victims provide the best source of evidence required to secure convictions. Effective prosecution is therefore tied to victims’ rights and safety before, during and after the trial. Building trust with the victim and persuading him/her to testify are vital in this regard.

Human trafficking as a human security issue : A change in perspective
4. A conflict between upholding interests of states and protecting victims’ rights was noted. There is a real and evident danger that interests of states, which focus primarily on controlling movement of people across borders and criminal prosecution may run counter to the needs and rights of victims of trafficking. It was widely agreed that such deterrence policies were counter-productive and only contributed to the problem. To solve this problem, what is needed is a change in perspective. Human trafficking should not be seen from a national security perspective or exclusively as a fight against organised crime and illegal migration but, first and foremost, as a human security issue and a grave violation of human rights. Hence, a rights-based and victim-centred approach is essential in formulating a response to human trafficking.

Victim protection and assistance
5. It was suggested that assistance to victims of trafficking should be granted irrespective of the victim’s ability or willingness to testify in criminal proceedings. To limit the associated trauma, victims should have the right to refuse to testify and, if they agreed to testify, should be able to do so in a non-confrontational environment. Institutional efforts to assist and help the recovery of the victim also needed to be sensitive to his/her wants. Otherwise, any lack of confidence expressed towards the victim would result in a low level of cooperation and ultimately re-victimisation. To achieve this, the importance of the involvement of non-governmental organisations and the role of supporting and coordination structures, should be recognised.

6. Assistance to the victims may include financial, psycho-social and health-care support; access to mother-tongue legal and/or social assistance; the provision of safe accommodation; victim identification and referral systems; home country visits, upon request; and, where applicable, access to repatriation or reintegration support on return to the country of origin.

7. The panelists discussed protective measures for the victims, namely the establishment of a new class of visa, a reflection/stabilisation period and residence status, victim-friendly procedures and systems, witness protection, training for government service providers, effective reporting and referral systems between government agencies, deterring traffickers through strong legislation and the prosecution of traffickers. The protection of family members of victims of trafficking is also important.

8. It was suggested that the right of residence for victims in the destination country should include unrestricted access to the labour market, state welfare benefits and to crime victims compensation. A right of family reunification should also be granted to counter the threats of violence by traffickers and criminal organisations.

9. The panelists noted that not every victim wanted assistance, and that the early provision of full information regarding the availability of assistance is important to empowering victims.

Root causes of human trafficking
10. Policies and measures focusing on root causes of human trafficking, rather than its consequences, were emphasised. The international response to human trafficking would not be effective unless it directly addresses larger issues of poverty and education. Ensuring an improvement in societies in countries of origin of victims of trafficking is significant. Regarding the latter, specific reference was made to the widespread need for human rights-centred education for the public at large.

The demand side of human trafficking
11. The demand side of human trafficking was widely debated. Some participants argued that the criminalisation of those who solicit services of trafficking victims would help reduce such demand, while others viewed that this is also a moral issue requiring strong political will and determination so as to be effective.

Lessons learned and recommendations for future actions
12. Other recommendations and current obstacles that should be taken into account, to be used in the development of anti-trafficking strategies, especially on victim protection and assistance and its linkage to prosecution of traffickers are as follows;

• States have an obligation to ensure availability and continuity of effective remedies in recognition that this might enhance the victims’ preparedness to cooperate and testify. Guiding principles should include the treatment of victims as subjects and holders of rights; the provision of basic social protection measures regardless of the victim’s willingness or capacity to cooperate, as well as full information to the victim.
  
• Formulation of anti-trafficking strategies needs to keep pace with the changing nature of the crime. It was noted that human trafficking is changing from a mafia-style model to a networking of traffickers model and is not merely characterised by sexual exploitation. Human trafficking for the purposes of labour exploitation would grow into a global problem in future. Moreover, human trafficking was often intertwined with other issues, such as money laundering, drug trafficking, racism and migration.
  
• There is a need to broaden the scope of victim protection to cover issues like witness protection, residence permit and protection of victims’ family members, for instance. This should be undertaken in response to trafficked victims’ actual needs. Victims’ empowerment should also be promoted to ensure they will not be re-victimised.
  
• Victim identification was an initial step in the protection of trafficking victims. However, at present, victims were almost solely identified by police. It was recommended that NGOs and other concerned agencies be jointly involved. Furthermore, the procedure needed to be conducted by very trustworthy and experienced personnel.
  
• The need for forums such as the Budapest and Bali Processes, for instance, for further development of ideas, through sharing of information and resources, should be promoted.

The way forward
13. The panel discussion was fruitful. The participants found that the exchange of experiences not only added value to the consideration of trafficking issue during the COP II but would also serve as a food for thought for future course of action. The participants encouraged more cross-regional interaction on the issue.
14. To sustain the momentum generated by the panel discussion, outcomes and recommendations will be brought, in an appropriate form, to the attention of the 8th Human Security Network Ministerial Meeting to be held in Thailand in May 2006 for further follow-up.