By Cristina S. Sevilla*
Trafficking in
persons (TIP) has predominantly been tackled from a limiting criminal justice
perspective. The U.S. State Department’s annual TIP Report highlights trafficking-related
convictions in classifying countries under its tier system. The report’s
emphasis on rule of law indicators, rather than prevention and victim services,
impacts how countries focus their anti-trafficking resources. For example, over
time Thailand has increased its efforts targeting the prevention of human
trafficking, and therefore reduced its investigation, prosecution and
conviction efforts. However, this shift
to prevent exploitation resulted in a drop in the TIP report rankings, down to the lowest ranking of Tier 3. As another example, in its vigorous zeal to
achieve a better ranking, the Philippine government amended its
anti-trafficking law in
order to increase its number of convictions. The focus on convictions distorts
the point.
What has been
achieved by this focus on convictions? When the dust settles after law
enforcement raid and rescue operations, what happens to the victims? Do victims
receive appropriate care and services, such as shelter, temporary facilities,
livelihood programs, psychosocial and family support?
The reality is
that with limited government resources, in countries like the Philippines, support
services and care are only given to victims who cooperate in investigation and prosecution,
in spite of state policies that mandate otherwise. Fellow anti-trafficking
advocate, John Whan Yoon with World Vision-Laos observed, “Many Lao victims are
identified in Thailand and so prosecution takes place in Thailand. The Lao
government only provides repatriation services. With limited government
resources, most reintegration assistance services are provided by NGOs.”
Even for those
victims who cooperate, the questions persist: are services provided for their
full recovery and reintegration, or are these services provided only in aid of
investigation and prosecution? Are they given services to prevent re-victimization?
Or are they just “rescued,” counted and documented, only to be “rescued” again
and again? Such a cycle of raid, rescue, documentation, and re-trafficking
would increase the number of investigations a country could conduct, and maybe
even their prosecution numbers. Certainly, it would help on the road to Tier 1.
With this emphasis on criminal justice, we must ask why countless victims do
not report or cooperate with law enforcement. Even within the criminal justice
model, we must examine whether there are measures to assist victims and address
their concerns.
One story is
illuminating. In 2014, a young woman was
trafficked into sex in the Philippines. She had a history of child sexual abuse
and was a victim of domestic violence. She got pregnant. She decided to give
her baby to a childless couple, and in exchange, she asked for money to travel
back to her community of origin. The anti-trafficking law enforcement team arrested
her. She was charged with qualified trafficking for “trafficking” her baby, by
giving the baby away, which carries the penalty of life imprisonment, subsequently
downgraded to child abuse. Her story will certainly become a number increasing
the investigation and prosecutions under Philippine law and international
indicators. But rather than an offender, she
should have been treated as a vulnerable individual, a victim herself, who requires
services. Instead of prosecuting her, the government should have considered
her vulnerabilities and placed
her baby with social welfare agencies until she had been rehabilitated.
In countries
where economic and gender inequity remain major challenges, with justice systems
that leave a lot to be desired, a solely criminal justice approach will neither
prevent victimization nor deter criminals. There is not one single reason why
trafficking occurs, and there is no one single solution to address it. States
must rethink their approach to trafficking, and refocus resources, energy and
efforts to addressing its varied and complex root causes. Rather than a
reactive law and order approach, emphasis must be on addressing the factors
that make people vulnerable to trafficking and exploitation. We must strengthen
victim services and dedicate sufficient resources to prevent re-victimization
and enable victims to escape the vicious cycle of violence and exploitation. The U.S. State Department should support this effort, by using
the TIP Report to emphasize effective prevention and protection efforts in
countries around the world.
*Cristina S.
Sevilla is a human rights attorney specializing in anti-trafficking efforts in the
Philippines. She is a founder of Action Against Violence and Exploitation,
Inc. (ACTVE), a civil
society organization that provides legal aid to marginalized women and children
who are victims of violence and exploitation.
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