THE OSCE CHALLENGED - NHC/IHF

APPENDICES
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appendix iv
Joint Statement on Trafficking

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On the subject of trafficking in human beings, the International Helsinki Foundation for Human Rights (IHF) works closely with Anti-Slavery International, a London-based NGO . This cooperation started in 2002, when both organizations issued a joint statement on the subject, on the occasion of the OSCE Human Dimensions Implementation Meeting in Warsaw, September 17, 2002.
The statement’s text is included here.
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Governmental and non-governmental organizations’ continued efforts in the fight against trafficking in human beings have been critical into generating legislative changes, mechanisms of victim and witness protection, and raising awareness among the general public and potential victims. Nevertheless, often at great risk to their own safety, this violation of women’s human rights shows no signs of abating. Corruption and complicity among law enforcers and the state are still rife, and reports of the involvement of members of the international community or their turning the blind eye to this, does little to allay concerns that the structures invoked to assist women victims of trafficking and fight against it, in fact sometimes play an instrumental role in ensuring that the business continues to flourish. There is no doubt that combating the fight against trafficking requires a coordinated and multi-disciplinary approach, with the combined forces of a variety of different organizations and actors. There is also no doubt that if this fight is really to serve the interests of victims and witnesses, and reinforce rather than undermine the legitimacy of a human rights approach, issues such as corruption, complicity and protection must be given greater attention.

At an NGO Meeting on Trafficking organized by the IHF in Vienna in February 2002 (?), concerns were raised in particular about the role of state authorities in trafficking, as well as the lack of an adequate and appropriate response to victims’ needs. NGOs reported the following instances violating trafficked women’s human rights in that meeting:

Police in Bulgaria, Moldova and Ukraine have allegedly extorted bribes from trafficked women, their families or others, in order to continue investigations against reported traffickers. Police may also collude with traffickers, for example in forcing women back to brothels from which they escaped, receiving sexual favours and bribes in return for such ‘cooperation’.
Courts in many post-communist countries often do not detain alleged traffickers pending trial, while these same courts generally do detain others accused of a wide range of less serious crimes. Judges also routinely violate the confidentiality surrounding victims and witnesses in trafficking cases, exposing them and their families to threats from criminals and other pressures.
In Moldova, the police have “mildly and diplomatically” warned NGOs not to put too much hope on, or efforts into, anti-trafficking campaigns and activities, since they will fail anyway due to the “important and powerful people involved in the business.”

Anti-Slavery International and the IHF are concerned that, despite the increased focus on combating trafficking as a crime, protection and assistance to victims and witnesses of trafficking is still lacking. Trafficked women and their families are frequently threatened, hurt or even killed by traffickers upon escape, often because they have not paid back their “debt” or because they have tried to take legal action against the traffickers. Temporary residence permits in countries of destination is one way of providing such protection from reprisals. We note that temporary residence permits are rarely available to migrant trafficked women, and in the cases where they are available, this is generally dependent upon a willingness to report or testify against the trafficker, putting the trafficked woman and her family at even more risk of reprisals. Residency status needs to be made available not simply in order to ease prosecutions of traffickers by enabling victim witnesses to testify, but, in addition, to ensure those who have suffered harm and abuse are provided adequate support and assistance, and to those who are in danger of further harm if they were to return home. Residency should not be contingent upon a willingness to testify against one’s traffickers.

Mechanisms for witness protection are currently inadequate. A variety of measures should be made available to victims who choose to act as witnesses, ranging from formal in-court protections such as opportunities to give statements by video-link, by deposition or to a closed courtroom, to more informal practical measures such as police escorts and ensuring separate facilities for witnesses in court houses. No witness protection measures should interfere with the rights of the defendant to a fair trial. Anti-Slavery International has recently undertaken research regarding best measures to protect trafficked persons’ rights, including in the prosecution of traffickers, and we encourage OSCE-participating states to adopt the Key Recommendations from Anti-Slavery International’s forthcoming report, “Human Traffic, Human Rights: Redefining Victim Protection” (?).

Anti-Slavery International and the IHF call for OSCE-participating states to sign and ratify the Trafficking Protocol , and for the OSCE to monitor in particular implementation of Article 6 of the Protocol, providing support and assistance to victims and covering the key areas of:

protection of privacy and identity of trafficked persons (confidentiality of legal proceedings);
(a) information on relevant court and administrative proceedings;
(b) enabling trafficked persons views to be presented in criminal proceedings against traffickers (in a manner not prejudicial to the defence);
measures for physical, psychological and social recovery of victims of trafficking including:
(a) appropriate housing (?);
(b) counselling and information, especially regarding legal rights, in a language the victim can understand;
(c) medical, psychological and material assistance;
(d) employment, education and training opportunities;
special regard to age and gender of victim, especially special needs of children;
measures for the physical safety of victim;
possibility of obtaining compensation for damage suffered.

The IHF and Anti-Slavery International would like to take this opportunity to reiterate some of the recommendations that were made collectively by a group of 30 NGOs working in the field of trafficking in February 2002. While we applaud the countless measures that have been undertaken in this field so far by both governmental and non-governmental organizations, which have had a positive impact, we emphasise that the articulation of measures such as these must be accompanied by unequivocal political will, effective means of implementation, comprehensive measures for assisting victims, and a greater overall commitment to ending corruption and impunity if they are to respect the human rights of those hundreds of thousands of persons who are trafficked each year.

Minimum Standards for the Safe Return of Trafficked Persons:

Repatriation should be voluntary.
Victims should be met at the port of entry to ensure their safety and security.
Compensation gained in a country of destination should be transferred to a victim if she/he returns to the country of origin.
Victims should have access to services in the country of origin.

Minimum Standards Relating to Corruption:

Systematically prosecute perpetrators of trafficking who are members of government or of police forces.
Waive immunity for international organization employees or ensure domestic prosecution of international organization employees engaged in trafficking or trafficking related activities.
Create an internal affairs investigation unit within police departments to investigate allegations of police corruption.

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