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