WORKING GROUP 5

Protecting the Victims of Human Trafficking

BACKGROUND NOTE

Violations of human rights are both a cause and consequence of human trafficking. Therefore it is essential to place protection of all human rights at the centre of the responses to prevent and combat these crimes.

Barring a few exceptions, the standards of care and support offered to the victims of trafficking in shelter facilities, are in urgent need of upgrading, both in the state and in the voluntary sector. This is necessary in order to meet the standard requirements from a human rights perspective. In this context a discussion on adoptable standards of professionally designed and administered minimum standards of care and support services, becomes relevant.

Rehabilitation of the victims of trafficking is the most crucial step to reintegrate the victim with society. Prevention of re-trafficking would, in large measure depend on how successful the rehabilitation of the victim has been.

  • Are the victims being provided with appropriate livelihood skills to link them with productive employment, or are they being subjected merely to traditional training like knitting and stitching?
  • In this context how can homes run by governments, NGOs and the industry collaborate?
  • How can training based on requirements of industries be carried out in homes?
  • How can appropriately trained survivors be employed in decent jobs?

A discussion on these issues, between the representatives of industry, NGOs and government, is vital in this regard.

It is also important to discuss the basic foundation of our rehabilitation scheme which is custodial. Children in homes continue within the confines of a home till the age of 18, with even schooling being provided within the homes. Where is the opportunity for them to reintegrate with the community? Where is their freedom? Is home oriented institutionalised rehabilitation the best for them or should we think of de-institutionalised settings?

For victims that are rescued from brothels or from situations of forced labour, the fact that they are often from neighbouring countries raises several complications and a harrowing time for them. Often, cases under Foreigners Acts are foisted upon these victims and only after an order of the concerned court are the children repatriated to their countries. In the bargain, the victims spend several months to years in custody. It also happens that acceptance by home countries that the victims are indeed from these countries is delayed or denied. The right of the victim to be rehabilitated in the country where she is rescued must be recognized. A discussion needs to be initiated on making repatriation rights respecting and based on consent.

Victim Witness Protection is yet another area of protection that is neglected in South Asia. One of the main reasons for the low rates of complaints and convictions in trafficking cases is due to the reluctance of victims to come forward to file complaints against those who have violated their rights or to testify against them in courts. Strong legal instruments for the protection of victim witnesses are therefore needed.

WORKING GROUP
Objective

  1. Deliberate on the existing standards and norms of protection in South Asia
  2. New ideas and recommendations on Protection
  3. Facilitate networking and resource sharing in the future
  4. Contribute to the Delhi Declaration

Methodology

  • Short presentations, discussions, and role plays

Chair: Ms. Anuradha Koirala, Maiti, Nepal
Facilitator: Ms. Anu Dixit, UNICEF, Delhi
Rapporteur: Ms. Mamta Kohili, USAID, Delhi

AGENDA

DAY 1

Session 1: 2.00 - 4.00pm (2 hrs)

The Role of Industry in Protection

  • Employability
  • Entrepreneurship
  • Skills training as therapy

Discussions to be led by:

  • Ms.Vidya Shankar, Relief Foundation India
  • Ms. Nandita Baruah, Reliance Industries, India

Tea / Networking Break: 4:00 - 4:30pm (30 min.)

DAY 1
Session 2: : 4.30 - 6.30pm (2 hrs.)

Institutionalisation vs Deinstitutionalisation : A debate 4.30 - 6.00 pm
Discussions to be led by:

  • Dr. Sunitha Krishnan, PRAJWALA, Hyderabad, India

Victim witness protection: An area to be developed 6.00 - 6.30 pm
Discussions to be led by:

  • Dr. Asha Bajpai, Tata Institute of Social Sciences (TISS), Mumbai, India

DAY 2

Session 3: 10.30 - 12.00 am (1 hr 30 mins)

Minimum Standards of Care in Homes

Discussions to be led by:

Dr. Achal Bhagat, SAARTHAK-India

DAY 2

Session 4: 12.00 am - 1.00 pm (1 hr)

Cross Border Repatriation: Major impediments and how to resolve them 11.00 - 11. 45 am
Discussions to be led by:

  • Mr. Nur Mohammed, IGP, Bangladesh
  • Ms. Joane Doucet, UNICEF, Kathmandu
  • Ms. Indrani Sinha, SANLAAP, Kolkata

Discussion and finalisation of the Delhi Declaration 11.45 am - 2 pm