CSW57: The Right to Effective Remedies for Trafficked Persons

By: Cristal Espejo 

The trafficking of humans is an issue that continues to receive much attention in the international community. On March 14th, a distinguished panel gathered during CSW57 to speak about this issue for a side event named, The Right to Effective Remedies for Trafficked Persons. An Introductory Statement was given by Ms. Maarit Kohonen who is Sheriff, Deputy Head of OHCHR NY Office. Ms. Joy Ngozi Ezeilo, the Special Rapporteur on trafficking persons, especially women and children, spoke about key concerns and challenges to the realization of the right to a remedy. She explained that oftentimes, adequate and effective remedies are often inaccessible to trafficked persons. In reality there is a wide gap between law and implementation. In her report to the UN council in 2011, she focused on the legal framework of trafficking. The report sent out each component of the right to effective remedies. She put forth recommendations in order to fulfill these remedies. More info on this report is available on the OHCHR website.

Ms. Jean D’Cunha, Senior Policy Advisor of UN Women, explained issues confronting trafficked migrant domestic workers. Ms. D’Chunha explained that the confinement of workers’ work environment limit them from joining unions and mobilizing their rights. A lack of labor protection disqualifies domestic workers from getting the help they need. Some countries have bans on being a domestic worker. Many countries of origin do not allow returned undocumented domestic workers to get funds when they are abused from their home countries. The domestic worker will lose papers if she files a complaint against an employer or flees them. When some of them are in confinement they wait for travel documents and for their wages. Many employers use documents as a bribe and therefore do not even pay them. These are just some of the reasons, she explained, that domestic workers do not use the justice system to help them. In addition, women migrants are often on spousal visas and will not report abuse, because they are dependant economically with a spouse. It is even harder to report domestic abuse if they are undocumented because they have to prove that they are with the husband. Another problem is that they are afraid of losing custody of children. Ms. D’Chunha urged that the lack of services that are provided to these women needs to be addressed.

So what suggestions did Ms. D’Chunha have? She suggested that principles and a right to remedies must take into account the nature in which the women work. The trafficking policies should help women in all stages of migration. The definition of criteria to define that a women is trafficked must have questions of women pre-departure, it should not focus just on the country of destination. She stressed the need to look at measures of recovery and the need for assistance with economic recovery. Stigma and censorship must be addressed when women return and the emotional trauma that they experience afterwards should be considered. There is a demand for cheap labor and we need to address the demand for the trafficked person. Lastly she suggested that there should be sanctions for recruiting agents and mechanisms that monitors judicial decisions.

The 3rd speaker was Suzannah Phillips who is a Clinic and Staff attorney for the International Women’s Human Rights Clinic. She spoke about access to justice for trafficked persons. She started off her talk by stating that victims of being trafficked are treated as criminals. She continued by saying that a state-inflicted harm is that trafficked victims are often demeaned by police officers. She suggested that their psychological trauma post being trafficked should be considered. Trafficked persons may also be convicted when they come forward, which can affect legal immigration status, child custody, and employment opportunities. Therefore, they will not be likely to come forward with abuse. Being labeled as a criminal can lead to self-criticism. Deportation can lead to re-trafficking. Traffickers also instill fear of law enforcement in trafficked peoples. They will therefore be less likely to trust the judicial system.

Ms. Phillips then asked, “What can we do to ensure access to justice for trafficked persons?” She suggested that we should allow trafficked persons the opportunity to clear their criminal history. It can help eliminate criminal history as a barrier to leading a good life post-trafficking. She stressed the need to provide public apology to ensure that they are recognized that a human rights law has been violated. There is also a need for more help for them psychologically. Women’s voices should also have an equal weight in comparison to men’s voices.

Ms. Jayne Huckerby, Associate professor of clinical law spoke about the international legal framework on the right to an effective remedy for trafficked persons. She stressed that much discussion is made about the problem and not the solution. She suggested that humanitarian and refugee laws should be considered. Overall, the distinguished panel did a reputable job of presenting the special rapporteur’s thematic reports, presenting the challenges that lay ahead for trafficked persons and providing suggestions for the future.

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