Restitution and Recovery- Rehabilitation.

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Restitution and Recovery- Rehabilitation.

• Alice Maranga
• Global Alliance Against Trafficking in Women
  Africa Representative

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About FIDA Kenya

• FIDA Kenya is a premier womens rights civil
  society organization in the East Africa region.
• FIDA Kenyas 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.

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About FIDA Kenya Continued

• 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 Peoples
  Rights.

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Defining Restitution and Recovery -Rehabilitation

• 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.

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Restitution

• 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

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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.

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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.

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Restitution- Human Rights Based Approach to TIP

• 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.

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Restitution- Right Based Approach to TIP

• The UN Trafficking Protocols 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.

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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.

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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.

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Recovery/ Rehabilitation

• 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.

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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

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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.

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Conclusion

• 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 victims rights and
  gender equity and provide guidelines to the
  protocol.

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The End

• Thank you!