GROUP 2
VICTIM ASSISTANCE AND PREVENTION
Chairperson
Co-Chairpersons
Rapporteur
Co-Rapporteurs
Members

Visiting Experts
Advisers

Mr. Titawat Udornpim
Mr. Daisaku Kaneko
Mr. Shahinur Md. Islam
Ms. Aileen Marie Gutierrez
Mr. Chiaki Ochiai
Ms. Tania Jeannette Fiallos Rivera
Mr. Md. Moniruzzaman
Mr. Jorge Ovidio Cornejo DuranMr. Masahiro Kinoshita
Mr. Sadanobu Watanabe
Mr. Wanchai Roujanavong
Mr. Martin Fowke
Professor Tada Yuichi
Professor Yanaka Fumihiko
Professor Sakonji Ayako
Professor Wakimoto Yuichiro(Thailand)(Japan)(Bangladesh)(Philippines)(Japan)(Honduras)(Bangladesh)(El Salvador)(Japan)(Japan)(Thailand)(UNODC)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
The Group elected, by consensus, Mr. Titawat Udornpim as the Chairperson and Mr. Daisaku Kaneko
and Mr. Shahinur Md. Islam as the Co-Chairpersons; Ms. Aileen Marie S. Gutierrez, the Rapporteur, andMr. Chiaki Ochiai and Ms. Tania Jeannette Fiallos Rivera, as the Co-Rapporteurs. The report will discuss
Victim Assistance and Prevention and focus on the following agenda: (a) current situation of trafficking inpersons; (b) criminal justice measures for protection of victims of trafficking in persons; (c) victim assistancemeasures in trafficking in persons; (d) preventive measures against trafficking in persons; and (e) promotionof inter-agency and international cooperation from the viewpoint of victim assistance and prevention.

II. SUMMARY OF THE DISCUSSIONS
A. Current Situation of Trafficking in Persons
1. Modus Operandi
Human traffickers employ various modes in the furtherance of their illegal activities. The participants
identified them as follows:(i) False recruitment
This is the most common mode used by traffickers, who pretend to be recruiters or representatives ofagencies/entities authorized to deploy foreign workers to other countries. Victims are promised an expensefree recruitment process, including airfare, travel documents and other fees. Then, victims are supplied withfalse documents to facilitate their exit from the country of origin and entry to the country of destination.
Usually, traffickers assure the victims well-paying jobs, including provisions for food and accommodations.
However, upon reaching the country of destination, the victims are forced into prostitution or slavery.
(ii) Fake marriages
This mode involves the marriage of the victim to a foreigner for the purpose of exploitation. It is amisuse of the immigration system of one country so that a victim can travel abroad.
2. Forms of Exploitation
Trafficking in persons is a transnational crime that abuses the human rights of its victims. It can take thefollowing forms: sexual exploitation, forced labour or services, slavery, and removal or sale of organs.
3. Characteristics of Vulnerable Groups
Identifying trafficking victims is the most challenging task for any law enforcement agency. However,

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there are certain indicators that a person is most likely a victim of trafficking. These are more apparent invulnerable groups, who are marginalised in their respective societies. These groups often have some or
all of the following characteristics: (a) poverty; (b) hopelessness; (c) legal minor; (d) uneducated or of low
education; and (e) unemployed. In some countries, refugees and victims of natural disasters or climatechange are also considered vulnerable.
4. Key Elements for Assistance and Prevention
Victim assistance and prevention are part of the multi-dimensional approach in combating humantrafficking. The participants identified the key elements, as follows: (a) an organized system for victim
support; (b) a policy of addressing poverty, which is a primary factor that makes potential victims susceptible
to trafficking, through sustainable development programmes; (c) an effective mass-awareness programme;and (d) capacity-building training for key players of the criminal justice system, such as law enforcers,
immigration officers, prosecutors, judges, and other stakeholders.

B. Criminal Justice Measures for Protection of Victims of TIP (Trial Stage)
Human trafficking undermines the safety and security of all its victims. Thus, certain measures are madeavailable to the victims, particularly during trial. Victims of trafficking are usually unaware of their rights,
and if they are, they are unwilling to testify against traffickers either for fear that their families would be
harmed or because they are embarrassed to reveal the circumstances in which they lived. Thus, victim
protection measures are imperative so that victims feel secure in filing cases against traffickers.
1. Protective Measures during Trial
Some participants have institutionalised witness-protection programmes in their countries, which provide
security and safe houses to victims/witnesses, including their families. For those who do not have similar
programmes, their governments, through law enforcement agencies, provide security to victims/witnesses.
Protection of witnesses are also done through the following: (a) presence of accompanying persons forpsychological support; (b) testimony via video link; (c) exclusions; (d) closed trial; (e) pre-trial procedures;(f) limitation of questioning; and (g) limiting disclosure. During trial, coordination measures with NGOs, civilsociety groups, psychologists, and other medical practitioners are important actions to protect the victim.
2. Organized and Speedy Trial Procedure
Human-trafficking cases should be heard quickly. To this end, the participants explained that they makeuse of a pre-trial procedure or a pre-trial test, wherein parties stipulate facts and the testimonies of witnesses
are already taken for use during the trial. Some participants even have special courts or tribunals mandated tohandle cases involving women, children, and human-trafficking cases within a prescribed period.
3. Punishment Reflecting Gravity of Offence
All participants agreed that for criminal prosecution to be a deterrent in human-trafficking cases, asevere penalty should be imposed on human traffickers. While some participants claim that their respective
laws have severe penalties for human trafficking, which are also not bailable, some participants said that
their penalties are not severe. For some participants, a high penalty is imposed for cases involving multiple
charges which can also be considered human-trafficking offences. In all of the participants’ jurisdictions, thejudge decides whether to grant bail.
Human-trafficking cases should be punished more harshly than other cases, considering the damage
and trauma to its victims. Considering the severity of the crime, the suspension of sentence and granting ofbail should be addressed more cautiously than ordinary crimes. Thus, prosecutors should present sufficientevidence to prove the human-trafficking offence beyond reasonable doubt and make the judge understandthe gravity of the offence for him or her to sentence appropriately.

C. Victim-Assistance Measures in TIP
While victims of human trafficking often enter the country of destination illegally, once discovered, theyshould be protected, not be treated as criminals to be punished and deported. Some participants statedthat in their countries, victims are granted a special status allowing them to stay in that country, and areeven provided with a work permit, as long as they participate in the prosecution of trafficking cases. The
International Organization for Migration (IOM) also provides money for repatriation of victims who could not

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otherwise afford to go home. In the event that victims cannot pay for passports, the immigration authorities
co-ordinate with the concerned embassies to request a waiver of fees.
Upon repatriation and to prevent re-victimisation, the IOM also arranges for reintegration by coordinatingwith NGOs regarding livelihood programmes and the filing of criminal cases against traffickers. IOM can alsofind housing and other facilities for trafficking victims.
All participants said that in their countries, shelters and similar facilities are available, some provided
by NGOs and some by the government as mandated in their respective laws. Victim-support programmes
include shelters and legal and medical assistance, such as psychological support. Participants identified
the problem of limited shelter facilities for rescued, recovered, or repatriated victims. These victims arereferred to shelters and concerned government agencies for legal assistance.
Participants also discussed that the issue of interpreters of victims’/witnesses’ statements being of thesame nationality or ethnicity as the victims or witnesses. This situation can lead to discomfort and fear of
speaking plainly on the part of the victims or witnesses and can therefore be a hindrance to the investigation.
In this regard, steps can be taken by the individual country to engage interpreters from different countries withthe assistance of international organizations working on TIP issues. The victims’/witnesses’ opinions in theselection of interpreters should also be considered.

D. Preventive Measures against TIP
1. Border-Control Measures
Each participant explained their border-control measures to prevent trafficking. While not all countries
have the same equipment and hardware, the procedures in monitoring are similar. A participant shared thatconvicted and suspected traffickers are monitored by the immigration authorities and can be immediately
stopped from entering the country, including those involved in prostitution, as identified by the immigration
authorities. A participant stated that while the immigration authorities are monitoring traffickers, there
are too many blind spots in their country and that it is difficult to check traffickers. Thus, monitoring islimited to bus stations and airports. More challenging is the patrolling of both land or sea borders between
countries. For a participant, monitoring is conducted by an inter-agency task force composed of different
agencies, such as the immigration authorities, airport, port and maritime police, and other concerned law
enforcement agencies.
All participants agreed that a database, use of finger print scanners, photographs, and machine-readable
passports are effective tools in monitoring human traffickers. Not only names of international terrorists,
convicted non-nationals and violators of immigration laws, but names of blacklisted non-nationals should also
be in the database.
Most of the participants’ countries are island nations or have very long land borders that are difficult
to patrol. Thus, it is important to share information among countries. Concerned authorities of countries
sharing borders should have sufficient information on border control.
2. Measures against Misuse of Travel and Identity Documents
All participants shared their respective immigration procedures regarding examination of passports
and other travel documents. All countries issue machine-readable passports. Immigration authorities
use electronic devices to determine the authenticity of the passport. If the authorities are not satisfied, asecondary inspection is conducted and the documents are checked again in another facility. A participant
stated that his country has introduced the machine-readable passport system and immigration department isusing software called “third eye” for detecting and identifying the genuineness of the travel document.
It was observed, however, that the use of machine-readable passports is not a big issue relative totrafficking. There are instances when minors use fraudulent birth certificates to secure a passport.
Consequently, the issued passport is genuine, but the data contained in the passport is false, which is achallenge to immigration inspectors.

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3. Awareness Raising
All the participants agreed that there should be efforts to raise public awareness as a preventive measureagainst trafficking in persons. Awareness raising should be done through public information campaigns,
using broadcast, electronic and print media, to make the public, particularly vulnerable groups, aware that
trafficking is a crime and that if they are victimised, they can seek legal protection.
The awareness campaigns should also be conducted in cooperation with civil society and NGOs to create
public awareness about the forms of trafficking, including the methods adopted by traffickers and risks tovictims.
Seminars or training should also be conducted for law enforcers, prosecutors and even judges. In theexercise of their duties, key players are aware of the existence of trafficking in persons. However, they stillneed to explore the other dimensions of trafficking as well. Increasing awareness about trafficking among
immigration authorities, diplomatic personnel and other concerned persons is also important, as they arepractically in contact with potential victims regularly.
Some participants’ countries have institutionalised programmes against trafficking in persons, conducting
training sessions and workshops to enhance the knowledge and capacity of front line workers and broadcasting
information for the citizens. Some participants believe that in their countries, awareness raising is a challenge.
While there are seminars conducted for academia and researchers, there are none for the general public.
Likewise, not all concerned government officials, like labour inspectors, are even aware of what constitutes
trafficking in persons. Thus, all related organizations/agencies in government should tackle the problem
together. It was agreed that all allied law-enforcement agencies should be trained and provided a tool-kit toassist them in understanding and acting on TIP violations.
4. Forfeiture Proceedings
The participants agreed that high profit is one of the motivations for human trafficking and forfeitureof illegal proceeds earned from trafficking in persons can significantly contribute to preventing humantrafficking. Thus, a law consistent with international conventions, norms and domestic laws relative to thismatter is important.
5. Promotion of Inter-agency and International Cooperation from the Viewpoint of Victim Assistance andPrevention
All the participants agreed that trafficking in persons is a heinous crime with global dimensions. It is ahigh-income game, wherein traffickers change their modi operandi quickly to adapt to various situations.
Thus, it is imperative for all countries to work together and cooperate to prevent trafficking in persons.
The participants explained that in their countries, they have on-going victim-assistance programmes incooperation with NGOs, civil societies and social-welfare organizations, which provide shelter and otherforms of assistance to victims of trafficking. Legal aid is also available to the victims. Task forces are alsoestablished to prevent and protect trafficking victims. Relative to some participants, while their country
has no specific organization that exclusively takes care of the victims, its Ministry of Foreign Affairs takes
measures to address this concern. There is cooperation among their domestic organisations, like theprobation, coast guard, immigration, and even prosecution authorities.
Beyond the domestic sphere, some countries are already signatories to international conventions relative
to trafficking in persons. Some have existing extradition and mutual legal assistance treaties. In one country,
an Action Plan is in place, wherein international cooperation is effected through assistance programmes. In
particular, assistance is extended to South-East Asian countries by providing education, support for victims,
improvement of occupational capacity, and implementing stricter enforcement of regulations. There are also
efforts through various international assistance programmes to reduce poverty and cooperate with eachcountry to prevent trafficking in persons. But despite the existence of said Action Plan, there is no provision
regarding international cooperation. Indeed, it is imperative for countries to participate in treaties andexchange information.
Different forms of international cooperation were also discussed, like extradition, mutual legal assistance,

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exchange of investigation techniques and information, initiating co-investigation teams, law-enforcement
co-operation and informal cooperation. In reality, extradition and mutual legal assistance requests take time.
Thus, informal cooperation, also known as police-to-police or agency-to-agency assistance, is useful during
the case buildup or the investigation stage. It is usually faster and easier to obtain information. Thereafter, theformal co-operation can follow. Informal and formal cooperation should be used to speed up proceedings.
Cooperation with international organizations, like the IOM, is also essential for victim prevention andprotection. Aside from conducting research, data collection, information sharing and awareness-raising
activities, it also helps in the review and crafting of legislation. IOM provides legal, medical and psychological
aid to victims and helps them be reintegrated upon arrival in their countries of destination.
Some participants stated that while their governments do not provide shelter for the victims, NGOs do.
They identified this issue as one in which international agencies can play a vital role.

III. RECOMMENDATIONS
Porous boundaries and globalisation are making it easier for traffickers to escape detection. Hundreds ofindividuals are lured into prostitution and forced labour around the world. Countries should come together
and protect victims of human trafficking.
It is worthwhile to note that communicating with a traumatised trafficking victim is imperative incombating trafficking. Gathering an accurate account of the incidents leading to trafficking is always achallenge to any law enforcement agency. Thus, to facilitate interviews, specialized/small groups may becreated to assist in the interpretation, obtaining of information, and other related issues from victims/
witnesses and other concerned persons.
The participants suggested the following:
1.

2.

3.

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Victim assistance and protection:•

Physical support for better investigation, i.e. forensic and technological support.

•

Technical and logistical assistance for TIP units, especially for victim protection and shelters;
and financial assistance to victims.

•

There may be some internationally acceptable form of witness-protection measures consistent
with domestic laws and customs.

Prevention measures:•

Income generating programmes and mobilisation of socio-economic resources to avoid humantrafficking; and rehabilitation and reintegration of the victims to prevent re-victimisation.

•

Advocacy campaigns for the general public targeting the vulnerable group of possible trafficking
victims, such as comprehensive awareness and PR activities; making and distributing
awareness-raising brochures on TIP, education, promoting compliance with laws and regulations
related to TIP; and raising awareness of the demand which fuels sexual exploitation.

•

Enhancing the capacity of concerned agencies/institutions, particularly law enforcement, or
front liners.

•

Investigation of the money earned by human trafficking may be given more importance and amechanism of confiscating the illegal proceeds/income from TIP may be developed.

International cooperation:•

Extended international co-operation for establishment of victim shelter homes; promoting thecapacity of the key players.

•

Cooperation among NGOs, IOM and other civil-society groups to ensure rehabilitation andreintegration of TIP victims in the society.

•

Close liaison among key players of different countries, i.e. establishment of small working
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Governments, through international cooperation, need to improve education and employment
to prevent migration and TIP.

•

Extended opportunity for sharing of information regarding TIP.

•

Special attention to vulnerable groups from countries that have been large-scale victims ofwar, internal disorder, gross economic crisis, climate change, etc.

•

Mutual legal assistance for investigation, trial, repatriation, and extradition should be enhanced.

IV. CONCLUSION
UNAFEI provided the agenda for the group workshop. The participants talked about various issues,
within and beyond the prescribed topics. There was a sharing of customs, current situations, challenges,
and best practices of each participating country. After the spirited and lively discussions regarding several
matters like domestic law, international conventions, the role of international agencies working on TIP,
and other relevant issues, the group concurred on the contents of the group paper. Everyone agreed totake initiative and work on the recommendations made. Indeed, extended international co-operation onstrengthening capacities of key players, victim support, preventive, and protective measures and mutual
legal assistance are indispensable to improve the entire TIP scenario.

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