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Reparation and Compensation for Victims of Trafficking

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Reparation and Compensation for Victims of Trafficking Paper Presented by Mrs. Beatrice Jedy -Agba, Executive Secretary, NAPTIP At the Regional Consultation on the ... – PowerPoint PPT presentation

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Title: Reparation and Compensation for Victims of Trafficking


1
Reparation and Compensation for Victims of
Trafficking Paper Presented by Mrs. Beatrice
Jedy -Agba, Executive Secretary, NAPTIP At the
Regional Consultation on the Right to an
Effective Remedy for Trafficked
Persons   Thursday 21 November 2013,
Transcorp Hilton Hotel, Abuja, Nigeria  
2
PRESENTATION OUTLINE
  • Introduction
  • The Nigerian Regulatory Framework for TIP
  • Remedies Available to TPs in Nigeria
  • The Nigerian Experience Good Practices
  • Challenges
  • Recommendations
  • Conclusion

3
INTRODUCTION
  • 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.

4
The Nigerian Regulatory Framework 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 .

5
The Nigerian Regulatory 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 traffickers
    sentence.

6
Remedies Available to TPs in Nigeria
  • Identification and Rescue
  • Sheltering
  • Access to counselling services including
    psychosocial counselling and support,
  • Access to medical and independent legal support
  • Family Tracing
  • Return and Repatriation
  • Educational Support
  • Economic Empowerment

7
Remedies Available to TPs in Nigeria Contd.
  • Investigation of trafficking cases
  • Prosecution of traffickers
  • Conviction of traffickers
  • Confiscation of assets of traffickers for use in
    assisting TPs

8
The Nigerian Experience Good Practices
  • 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

9
The Nigerian Experience Good 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.

10
The Nigerian Experience Good 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.

11
The Nigerian Experience Good 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.

12
The Nigerian Experience Good 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.

13
Challenges to Providing Effective Remedies for
TPs 
  • Limited Financial resources
  • Challenges of prosecuting TIP cases(nationally
    and internationally, varying jurisprudence in
    matters of mutual cooperation in investigation,
    burden of proof required, absence of TPs
    testimony/TPs usually unwilling to testify)
  • Reluctance of VoTs to access civil remedies
  • Xenophobia against Nigerians in transit and
    destination countries

14
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.

15
Recommendations 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.

16
Recommendations 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.

17
Recommendations 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 victims 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.

18
Recommendations 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.

19
Recommendations 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.

20
Recommendations 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)

21
Recommendations 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.

22
Thank You
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