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Reparation and Compensation for Victims of Reparation and Compensation for Victims of TraffickingTrafficking

Paper Presented by Mrs. Beatrice Jedy -Agba,Paper Presented by Mrs. Beatrice Jedy -Agba,Executive Secretary, NAPTIPExecutive Secretary, NAPTIP

At the At the

Regional Consultation on the Right to an Effective Regional Consultation on the Right to an Effective Remedy for Trafficked PersonsRemedy for Trafficked Persons

 Thursday 21 November 2013, Transcorp Hilton Hotel, Abuja, Nigeria

 

PRESENTATION OUTLINEPRESENTATION OUTLINE

IntroductionThe Nigerian Regulatory Framework for TIPRemedies Available to TPs in NigeriaThe Nigerian Experience: Good PracticesChallenges RecommendationsConclusion

INTRODUCTIONINTRODUCTION

The Draft Basic Principles on the right to an effective remedy for trafficked persons is a welcome development

Providing effective remedies for trafficked persons (TPs) is an important aspect of combating human trafficking.

Nigerian Legal framework drawing inspiration from the Constitution recognises that the state has moral obligation to protect its citizens and non-citizens within its territory.

The Nigerian Regulatory Framework The Nigerian Regulatory Framework For Trafficking in Persons(TIP)For Trafficking in Persons(TIP)

The Trafficking in Persons (Prohibition) Law Enforcement and Administration Act (TIPPLEA) 2003 as amended provides extensively for the protection of trafficked persons.

With the passage of the TIPPLEA 2003 and the establishment of NAPTIP the Nigerian Government put in place effective measures for protecting trafficked persons.

The provisions of the TIPPLLEA ensures that TPs, Nigerian and non- Nigerian citizens are free from discrimination and have access to protection services .

The Nigerian Regulatory The Nigerian Regulatory Framework for TIP Contd.Framework for TIP Contd. Overall the Nigerian law recognises the need

not to criminalise TPs, respect their privacy, provide temporary residency, appropriate housing, protect them and members of their families and punish those responsible for human trafficking.

It also provides for civil remedies for victims through which they can obtain compensation.

Proposed amendment of the Law seeks to make provision for TPs to be awarded compensation from convicted traffickers as part of the trafficker’s sentence.

Remedies Available to TPs Remedies Available to TPs in Nigeria in Nigeria

Identification and RescueShelteringAccess to counselling services including

psychosocial counselling and support,Access to medical and independent legal

supportFamily TracingReturn and RepatriationEducational SupportEconomic Empowerment

Remedies Available to TPs in Remedies Available to TPs in Nigeria Contd.Nigeria Contd.

Investigation of trafficking casesProsecution of traffickersConviction of traffickersConfiscation of assets of

traffickers for use in assisting TPs

The Nigerian Experience: Good The Nigerian Experience: Good PracticesPractices Establishment of 9 Transit Shelters with

skill acquisition facilities across the country.

Collaborates with stakeholders such as Ministry of Women Affairs and Social Development as well as CSO stakeholders for TPs to have access to other standard shelter facilities in Nigeria where needed.

Over 6000 TPs provided with rehabilitation and reintegration assistance ( a form of compensation and reparation)

Successful conviction of over 200 traffickers serving various jail terms

The Nigerian Experience: Good The Nigerian Experience: Good Practices Contd.Practices Contd.Securing the closure of commercial sex

centres, used for exploitation of victims A National Policy on Protection and

Assistance to Trafficked Persons to guide stakeholders in providing uniform and quality assistance to victims of trafficking was developed by NAPTIP and approved by the Federal Government in 2008.

The Policy document has been adapted and ratified by ECOWAS for use in the sub region as a standard operating document for the rehabilitation and reintegration of TPs.

The Nigerian Experience: Good The Nigerian Experience: Good Practices Contd.Practices Contd. Finalising with input from stakeholders; a

National Referral Mechanism document (NRM). The general principle of the NRM is to ensure that

every trafficked person (TP) is empowered, supported and protected with a view to ensuring that he/she is effectively rehabilitated and reintegrated.

Initiated the Victims of Trafficking Trust Fund (VTTF) to provide humanitarian and financial aid for victims of trafficking.

Funding for the VTTF is obtained through direct grant from the Nigerian Government, voluntary contributions of NAPTIP partners and confiscated assets of traffickers.

The Nigerian Experience: Good The Nigerian Experience: Good Practices Contd.Practices Contd.

Partnership with the National Planning Commission and the National Economic Council to mainstream TIP issues into developmental planning.

NAPTIP runs robust and innovative awareness campaigns to sensitize the general populace on issues relating to TIP.

In addressing human trafficking, NAPTIP pays attention to its root causes and predisposing factors, which are often multi faceted and include economic, social and cultural aspects in order to provide appropriate advisory services to the Nigerian Government.

The Nigerian Experience: Good The Nigerian Experience: Good Practices Contd.Practices Contd. Partnership with Government Welfare

programmes, National Directorate for Employment, Small and Medium Enterprises Development Agency, National Poverty Eradication Programme and National Economic Reconstruction Fund etc has led to increased resources for socio-economic reintegration of TPs including access to loans.

The Federal Government has approved the mainstreaming of the National Gender Policy.

The National Policy on Child Labour and the National Action Plan for the Elimination of Child Labour in Nigeria (2013-2017) has been approved by the Federal Government.

Challenges to Providing Challenges to Providing Effective Remedies for TPsEffective Remedies for TPs  Limited Financial resourcesChallenges of prosecuting TIP

cases(nationally and internationally, varying jurisprudence in matters of mutual cooperation in investigation, burden of proof required, absence of TP’s testimony/TPs usually unwilling to testify)

Reluctance of VoTs to access civil remediesXenophobia against Nigerians in transit and

destination countries

Recommendations Recommendations

The Draft Basic Principles should focus on Ensuring that State Parties put in place

mechanisms and procedures to enable TPs access compensation rather than placing on them a burden that will be unrealistic in practice.

Encouraging States to undertake more joint cross-border investigations to ensure that any source of wealth attributable to human trafficking is discovered and used for compensation to the victim(s) of the trafficker(s) and for supporting other counter trafficking interventions.

Recommendations Recommendations Contd.Contd.On the issue of appropriate housing, the

Principles should qualify this to mean accommodation suitable for the dignified and safe rehabilitation and reintegration of TPs so as to avoid a situation where TPs begin to request for accommodation which may be too expensive for State Parties to provide in the face of competing national priorities.

Recommendations Recommendations Contd.Contd. An additional question to consider is the impact of

singling out TPs for such support whether there are victims of other heinous crimes. What if they seek similar remedies? Will the government be able to meet these needs?

Experience has also shown that traffickers have in the time past infiltrated and manipulated protection system for TPs and care must be taken not to provide more opportunities for them to go scot free after exploiting victims.

Civil society organizations and other stakeholders should also have the capacity to adequately protect TPs. This will help to address any gaps in government funding.

Recommendations Recommendations Contd.Contd. Emphasis should also be on proper identification of

TPs. This is based on the fact that upon the interception of a possible trafficking case it is not usually easy to determine whether a person is a trafficked person and traffickers have also been known to pretend to be victims in order to exploit the system,

On the issue of not making victim’s collaboration with LEAs a condition for providing protection assistance the Nigerian law recognises this right. However, in practice we have noticed that being aware of this right available to them under the law, TPs often times show no commitment, even where they can, to supporting investigation of their traffickers.

Recommendations Recommendations Contd.Contd. Therefore we are of the opinion that the Principle

should attempt to provide incentives for victims who support criminal investigations. This could also add to building confidence of VoTs for long term social inclusion, giving them power and not just seeing them as victims which is also one of the proposals of the Draft Basic Principles. If they will be restored, it starts with fighting back.

Some TPs themselves being conversant with the law manipulate it and in view of the popular Stockholm Syndrome we should do our best to discourage situations where victims begin to empathise with traffickers without in any way derogating from their rights.

Recommendations Recommendations Contd.Contd. Note too that the Draft Basic Principles is a public

document and can be accessed by traffickers themselves, hence the need for caution in its provisions.

NAPTIP has been privileged to have a survivor of trafficking who had been empowered to start a new life testify at an experience sharing event. When asked if she is not afraid of reprisal attack from her traffickers she responded to the contrary. In her own words, “if I have any opportunity to come in contact with them they owe me and should be afraid of me.” Through this and many other success stories NAPTIP is not in doubt of the resilience that can be seen in TPs with the right support.

Recommendations Recommendations Contd.Contd. The Draft Basic Principles should therefore

balance the need for States to also have resources to adequately prevent human trafficking with demanding compensation from them to TPs.

The Principles focuses on rights of victims and obligations of states. What of obligations of victims? (Experience of violence and destructive attitude from VoTs, Victims abandoning reintegration projects after being empowered)

Recommendations Recommendations Contd.Contd.care must be taken in interpreting of the

proviso under 9(a)(iii),“Gain access to compensation from the State for injuries and damages.”

The reason is that in practice it may be unrealistic to assume that all states are in a position to meet this obligation and this could give rise to endless litigation from TPs and even traffickers posing as victims thereby defeating the very essence of the TIP Protocol. In addition we are also proposing that it is not tied to 9(b)and (i) of the principles.

Thank YouThank You