Alice Maranga Global Alliance Against Trafficking in Women Africa Representative.
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Transcript of Alice Maranga Global Alliance Against Trafficking in Women Africa Representative.
Alice MarangaAlice Maranga
Global Alliance Against Trafficking in Women Global Alliance Against Trafficking in Women Africa RepresentativeAfrica Representative
FIDA Kenya is a premier women’s rights civil
society organization in the East Africa region. FIDA Kenya’s vision is to assist women access
justice The strategic objective of the organization is
to enhance knowledge management base for international, regional and national learning, programming benchmarking, legislation review, research, documentation and teasing out advocacy issues.
About FIDA Kenya
FIDA Kenya has an observer status to the
Economic Social Cultural Council( ECOSOC ). FIDA Kenya monitors government compliance
to international human rights instruments that include; Convention on Elimination and Discrimination against Women ( CEDAW), Committee on the Status of Women (CSW), Universal Periodic Review (UPR), Convention against Torture (CAT) and African Commission on Human and People’s Rights.
About FIDA Kenya Continued
“Restitution of a trafficked victim aims at
restoring the situation of the victim through necessary integration support.
While recovery or rehabilitation for a trafficked victim include medical, psychological and social recovery.
Defining Restitution and Recovery -
Rehabilitation
The UN Convention against Transnational
Organized Crime (which addresses restitution for human trafficking) states: “1.Proceeds of crime or property confiscated by a State Party pursuant to articles 12 and 13, paragraph 1, of this Convention shall be disposed off by that State Party in accordance with its domestic law and administrative procedures.” Item 2 goes on to stipulate that:
Restitution
“When acting on the request made by another
State Party in accordance with article 13 of this Convention, State parties shall, to the extent permitted by domestic law and if so requested, give priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime or return such proceeds of crime or property to their legitimate owners.
Restitution
“In order to domesticate UN Protocol national
laws in many countries will need to be revised in order to ensure that disposal of assets is done in a manner that benefits trafficked persons....Governments should not keep the assets for other purposes, and those that do are guilty of profiting from the traffickers’ criminal acts.
Restitution
Human rights approach is based on the
principle of peace, freedom, human rights and development.
Human rights of women and children are the most violated rights.
State parties should emphasize rights based approach as found in CEDAW by pointing out the trafficked persons’ legitimate claim to assets confiscated from the trafficker.
Restitution- Human Rights Based Approach to TIP
The UN Trafficking Protocol’s restitution
approach, provides no definite process as to how a female
trafficking victim actually goes about recovering assets from her trafficker.
The UN Protocol further demotes female victims’ rights by including the option of creating a law enforcement account with preference given to law enforcement efforts in developing and transition economies. These stipulations favor state agencies and law enforcement and cut female victims out of the legal process.
Restitution- Right Based Approach to TIP
While the law enforcement fund has notable
benefits, the provision nonetheless begs the question of whether assets rightfully belonging to victims would be so easily redirected if trafficking were a crime affecting prominent men. In reality, of course, it primarily afflicts poor women.
UN Trafficking Protocol hardly mentions the structural economic inequalities that create the
endless supply of women vulnerable to the trafficking market in Africa, Eastern Europe, Asia and Latin
America.
Restitution- Right Based Approach to
TIP
The total neglect of the issue of demand in the
UN Protocol on Trafficking in Persons suggests that the UN instrument lacks a viable remedy for the deep-rooted causes of trafficking hence need for guiding principles to the Protocol.
Restitution- Right Based Approach to TIP
Protection of trafficked person post
identification State parties should provide protection to TIP
victims; To receive adequate health and social services
during the period of temporary residence ( in Shelter).
To protect a victim identity To protect victims from intimidation, threats and
reprisals from traffickers To provide psychological, material, educational
assistance.
Recovery/ Rehabilitation
Recommended Civil justice procedures Trafficking victims are often stigmatized for their
“immorality,” which is compounded by their problematic status as illegal migrants. African State parties should provide and consider;
Legislation to combat trafficking in persons to include advisory committees and setting aside funds for victims
Legalize Prostitution Victim impact statements Restitution with one stop center offering all
serives Immunity of victim prosecution
Recovery/ Rehabilitation
Exception from payment of court fees in civil
cases by trafficking victims. Provision of appropriate services to offer
support and protection of victim including repatriation between state parties.
Recovery/ Rehabilitation
Overall, the realities on trafficking in persons; women and children victims of trafficking in
persons and the threats to their rights by and traffickers, clients and law enforcement alike should be the focus of major research, legislation and policy attention by African state parties.
The Trafficking Protocol should consider crucial issues of human trafficking victim’s rights and gender equity and provide guidelines to the protocol.
Conclusion
Thank you!
The End