REPORTS OF THE COURSEGROUP 2
TRAFFICKING IN PERSONS AND VICTIM ASSISTANCE
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers
Visiting Expert
Visiting Observer

Mr. Timothy Odiwuor Okelo
Mr. Immanuel Fernandos Sam
Mr. Mohammad Barad Hossain Chowdhury
Ms. Nomati Avei
Mr. Anousone Soulya
Ms. Mona Lemzouri
Mr. Mgeni Jailani Jecha
Ms. Hoa Thi Le
Ms. Hida Kaoru
Mr. Minagawa Koji
Professor Fumihiko Yanaka
Professor Tada
Ms. Nekia Hackworth
Mr. Elbusher(Kenya)(Namibia)(Bangladesh)(Samoa)(Laos)(Morocco)(Tanzania (Zanzibar))(Viet Nam)
(Japan)(Japan)(UNAFEI)(UNAFEI)(United States of America)(Sudan)I. INTRODUCTION
Trafficking in Persons (TIP) is dynamic, adaptable, and opportunistic, and like many other forms ofcriminal activity, it takes advantage of conflicts, humanitarian disasters and the vulnerability of people insituations of crisis. To combat the crime, it is essential to understand the nature of human trafficking and its
underlying conditions, as well as the profiles of traffickers and victims.
The purpose of this discussion is to share the experiences, identify the best practices and create acommon platform of international cooperation to protect the Trafficking in Persons victims. This report isthe outcome of the group’s discussion from their explored and shared experiences among themselves in theareas of assistance to TIP victims and TIP prevention.
We started the discussion on 6 September 2012 and continued for a number of sessions to narrow down
the discussion with recommendations. The following persons were elected to the respective positions:
Mr. Timothy Odiwuor Okelo, Chairperson; Mr. Immanuel Fernandos Sam, Co-Chairperson; Mr. Mohammad
Barad Hossain Chowdhury, Rapporteur and Ms. Nomati Avei, Co-Rapporteur. Our group (Group 2) has
been assigned to discuss “victim assistance and prevention” in cases of TIP. We have agreed to base our
discussion on the following agenda:
1.
2.
3.
4.
5.

Current situation of TIP in participating countries;
Criminal justice measures for protection of victims of TIP with special reference to the trial stage;
Victim assistance measures;
Preventive measures against TIP; andPromotion of inter-agency cooperation and international cooperation from the viewpoint of victim
assistance and prevention.

The group members, by consensus, decided to place more emphasis on victim assistance, preventive
measures, and promotion of international as well as inter-agency cooperation.

II. SUMMARY OF THE DISCUSSION
A. Current Situation of Trafficking in Persons in the Participating Countries
The situational analysis shows a diversified modus operandi of TIP within the participating countries.
Most of the countries act as countries of origin (source) while others are source, transit and destination(host) countries. The poor and the minorities were found to be the most vulnerable to TIP. The majority ofthem are women and children, and most of the trafficked persons are under 18 to 35 years of age.

69

RESOURCE MATERIAL SERIES No.89

The group, after discussion, realized that the predominant means of victim exploitation are sexual
exploitation, forced labour, domestic servitude and removal of organs. The group further identified thatthe traffickers involved in TIP are smart and at times use deception to lure their victims. They also
use sophisticated technology. The existing trends of the global economy have been factors that havegreatly contributed to trafficking in persons. However, the participants discussed ways to eradicate (or atleast decrease) the occurrences of TIP by increased global efforts, enactment of new laws and effective
enforcement of existing laws.

B. Criminal Justice Measures for Protection of TIP Victims
Trafficking in persons is a growing phenomenon, and unfortunately is widespread throughout theworld. International society is certainly committed to providing an effective response against this crimeand is taking into account, as a primary objective, the importance of ensuring the protection of victims of
trafficking. Enhancing and strengthening the criminal justice system is one of the most important means toprotect TIP victims.
The group discussed criminal justice measures for protection of TIP victims with special focus onprotection during the trial stage. The trial must be expeditious (a speedy trial), and the punishment shouldreflect the gravity of the criminal activity. Almost all the participants confirmed that their respective
countries had already created legislative frameworks either by enacting new laws or amending the existingones.
In some countries the laws are endowed with various provisions of victim protection such as the useof video linkage systems during trial in Japan; stipulation to in camera trials (closed hearings) in Kenya,
Vietnam and Namibia; provisions allowing the victim to testify outside of court in Bangladesh to provide
a suitable environment to the victims to explain the actual story of TIP. Giving shelter and legal aid, using
attendants, maintaining the confidentiality of victims’ personal information, and the creation of victimprotection funds are some other important stipulations of laws and some of the measures that were noted
during the discussion to help ensure victim protection.
A few countries have the mechanism of speedy trial which has been identified by the participants as avery strong means of victim protection. It was noted by the members in our deliberations that almost 50% of
the countries represented have not done anything to expedite the trials involving TIP cases.
All of the participants felt the need for a speedy trial to ensure better protection to the victims and to
avoid the victim leaving the destination country before giving their testimony. Participating countries havea wide range of punishments (both physical and monetary) to deter offenders from committing the crimeof TIP. In the group discussion it was realized the sentences ranged between a minimum of 3 months to a
maximum of the death penalty, as is the case in Bangladesh.
The group members agreed that there are some legal provisions such as video linkage; shielding thevictims/witnesses; separate waiting rooms; and legal aid, which were some of the best practices to protect
the victims. Some of the participants felt the need to replicate those practices in their respective systems intheir own countries.

C. Victim Assistance Measures in Trafficking in Persons
Identification of victims is one of the main problems in TIP and which again is due to the subversive andhidden nature of the industry. Many, if not all, of the victims are transported into the host country illegally,
and in some cases legally; traffickers sometimes use the illegal immigration status of the victim (from the
beginning or after overstaying their visas) to blackmail the victims. In this regard, the group discussed
victim assistance measures in TIP with special focus on immigration status, living assistance, repatriation,
reintegration, restitution and compensation.
Regarding the immigration status the group agreed that most of the host countries provide temporary
residence permits or extend the duration of the visas. The majority of the participants reported that theirrespective countries give immunity from prosecution to the victims of TIP on immigration-related offences
or offences directly related to the trafficking. For example, in Kenya the victim is never prosecuted for being70

152ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

illegally present in Kenya or for any criminal act that was a direct result of being trafficked.
In cases where the victim lacks travel documents or where such documents were forged, the hostcountry would issue travel documents to the victim. In some cases like in Namibia, the government and theconcerned embassy would assist the victim by covering the travel costs back home.
The participating countries underscored the vital role played by the IOM in assisting victims. For
example, in repatriation this is done by the IOM in collaboration with the Government. In cases where living
assistance is required, the host country provides shelter, food, medical or psychological support.

D. Preventive Measures against TIP and Promotion of Inter-Agency/International Cooperation
Preventive measures against TIP have been discussed by the group, focusing on the border control
mechanism, misuse of travel documents and raising awareness. On the other hand, the group has put
significant emphasis on inter-agency cooperation, as well as international cooperation, from the viewpoint ofvictim assistance and prevention of TIP.
All of the participants agreed that there is demand for international cooperation to combat TIP as it istransnational organized crime. Partnership between governments and non-governmental organizations(NGOs) is highly recommended. Utilization of the mechanism of other organizations, such as the IOM,
received greater attention during the discussion.
Regarding border control measures, most of the participants agreed that the borders have a number ofdiversified characteristics, such as the geographical or natural barriers which make it easy for trafficking. It
was realized that the borders were porous, and therefore would easily be used by traffickers.
The majority of the countries have special border control forces, such as the Border Guard in Bangladesh
and the Coast Guard in Japan. The group agreed that there was a need for greater cooperation between theborder-sharing countries, for example, the Joint Border Patrolling System in Namibia and its neighbouring
states.
The group noted cases of misuse of travel or identity documents and found that some countries hadvery simple and, at times, hand-written passports (for example in Bangladesh) which could easily be forged.
To prevent the misuse of travel documents, the countries should introduce more advanced passports withbiometric information and Integrated Circuit (IC) technology as it is used in Japan.
On awareness raising of TIP, the group agreed that there should be more public awareness campaigns
both from the government and private sector. During the discussion, it was noted that there were different
inter-agency as well as international and regional frameworks on TIP. For example, the Coordinated Mekong
Ministerial Initiative against Trafficking (COMMIT) in Southeast Asian countries working to provide basic
support to combat TIP in that region. The publications of the United Nations Office on Drugs and Crime(UNODC) regarding TIP was identified by the group as a valuable resource to promote international
cooperation and other means to combat TIP.
It was noted that the NGOs in the respective countries were supporting the victims of TIP. It was further
noted that most governments were concerned with the activities of the NGOs and that, at times, several
NGOs would be doing the same thing. However, there is need to foster partnership and good relations
between the governments and NGOs to get the maximum output.

III. CONCLUSION AND RECOMMENDATION
It is clear from the above discussion that TIP is a crime of very complex nature. Combating TIP andprotecting the victims is influenced by a number of regional or country-specific factors. However, themembers gave their recommendations to eradicate TIP, which included:

1. Protection of the Victim
Proper legal instruments to protect the victims should be a priority for every country. The protection of71

RESOURCE MATERIAL SERIES No.89

victims of trafficking should be guaranteed through a legal process. The dignity of the victim in and out ofcourt should be taken into account.
Speedy trial and the protection of the victim’s identity are important, especially in the destination
country. Speedy trials help secure the prompt repatriation of the victim. The source countries must havemeasures in place to protect and to conceal the identities of the victims: examples are the in camera (closed)
trial, the use of shielding measures or having victims testify from a separate room outside of the courtroom
but linked to the Court as practiced in Japan.

2. Victim Assistance
There should be funds to assist the victims; the funds can be used to cater to the victim’s needs.
Likewise capacity-building measures to combat TIP should be encouraged, and community-based support
has to be enhanced to counter TIP.
Immunity from prosecution, especially on immigration-related offences, like being in the country illegallyor any offences directly relating to TIP, should be considered.
Destination countries should consider extending the visas of TIP victims who have overstayed theirvisas, and victims without visas should be given special permission to stay. This should be guaranteed bylegislation. Furthermore, every Member State should have a comprehensive strategic plan to reintegrate
the victims through counselling and social support.
Increasing awareness of TIP and educating victims on their status as victims, educating first responders
as to the status of victims, and re-evaluating the requirement that victims assist in the investigation andprosecution of the trafficker should be considered.

3. Preventive Measures
Member countries are encouraged to enhance border controls by conducting joint patrols, introducing
secondary checks at borders and improving databases for TIP victims.
Advocacy should be enhanced through various means: for example, passengers travelling by plane canbe informed of where they can report information if they are victims of trafficking. This will give them thechance to inform relevant authorities. There could be an internationally agreed upon and recognized sign tohelp communicate in cases where there is a language barrier between the victim and the authorities or the
person the information is to be given to. In addition, participating countries could incorporate TIP into theireducational curriculum.
The group also advanced a recommendation to have stricter punishment meted out to the trafficker
which would include, but is not limited to, long prison sentences, high fines and also the confiscation ofproceeds of crime to deter the criminals from committing offences related to TIP.

4. Inter-Agency Cooperation
It is important to establish unified, systematic support for victim assistance; all agencies should share
their knowledge and experience.
International cooperation and inter-agency cooperation is essential to assist victims of TIP with reintegrationand protection. Member States are encouraged to consider mutual and bilateral agreements between theconcerned countries to facilitate mutual legal assistance.
Countries should establish and enhance mechanisms to encourage NGOs’ participation in reintegration of
victims and design models of rehabilitation and community reintegration centers.
In conclusion, though TIP seems to be a gigantic problem, there are, however, global measures being put
in place to combat and/or eradicate this problem. The involvement of the international community is criticalto achieve this.

72