People who have been exploited for profit by criminal networks and migrants who are abused by smugglers or other criminals are not getting the justice to which they are entitled.
This issue is outlined in a recent policy brief, produced by the United Nations Office on Drugs and Crime (UNODC), which presents the current challenges and provides a series of recommendations.
“There are legal frameworks in place that entitle victims of human trafficking and smuggled migrants who have been abused to access justice,” says Nora Katona, a UNODC expert, who contributed to the brief.
“However, these are not being fully implemented in many parts of the world, and numerous obstacles prevent these victims of crime from seeking assistance.”
A UNODC study found that migrants who use smuggling networks to flee their home countries are often subjected to extreme violence, torture, rape and kidnapping.
Unaccompanied children are particularly at risk, while women and girls are likely to suffer sexual violence as a form of retaliation for alleged misconduct or as payment for transportation.
The research concluded that despite the severity of these offences, little action is taken by national authorities.
“Any person who is a victim of crime has the right to access justice without discrimination, but smuggled migrants are usually afraid of reporting abuse because they fear detention or deportation,” says Katona.
“They could be treated as criminals, due to the lack of documentation to allow them to stay legally in the countries they cross.”
Other facts that prevent migrants from reporting a crime include language barriers, the need to continue with the journey or face being left behind by the smugglers and mistrust of authorities.
UNODC’s Nora Katona explains: “Law enforcement officials, including police officers and border guards, may have been involved in not only aiding their smuggling through bribes and compensation but also in perpetrating the violence committed against them.”
Through its technical assistance programmes, UNODC trains border guards and migration police how to recognize the signs of abuse and violence that are often overlooked when officials focus solely on a smuggled migrant’s irregular status.
As with abused migrants, victims of human trafficking also face obstacles when they try to access justice.
“For them, justice means being recognized as a victim and not an offender, being protected, receiving compensation, and seeing their traffickers held accountable for the crime,” explains Katona, adding that “multiple factors” prevent this from happening.
“Victims are afraid of contacting law enforcement authorities because they fear retaliation from their traffickers or they don’t trust the police. Many traffickers work closely with corrupt officials who they bribe to turn a blind eye to cases of exploitation.”
Fear of punishment for their conduct while being trafficked further discourages victims from seeking assistance and justice.
“Many victims are forced to commit crimes by their traffickers, such as transporting or selling drugs, committing online frauds,” she says.
“When forced into criminality, it is unlikely that a victim will seek the assistance of authorities, especially in a foreign country.”
UNODC research shows that traffickers use their victims, especially women and girls, as a kind of shield to protect themselves. They use them in low-level, more visible roles in their trafficking enterprise, so they are more likely to get arrested.
Even after a victim has been rescued from a situation of exploitation, the fear of giving evidence against their traffickers, possibly not in their home country, can further hinder the justice process.
“Without legal representation and appropriate support, victims of trafficking may not be prepared for criminal proceedings, which may impose further trauma on them or could lead to discrepancies in their statements,” concludes UNODC’s Nora Katona.
At a recent UNODC event, Dr João Chaves, a Brazilian Federal Public Defender, discussed the obstacles he faces when assisting unaccompanied migrant children who could be trafficking victims.
“One obstacle we frequently encounter is the lack of identification documents, which makes it difficult for us contact the parents or families of children vulnerable to trafficking, especially those from neighbouring countries, such as Venezuela.”
Brazil has now implemented a new protocol to improve access to justice and protection for migrant children who cross the border between Brazil and Venezuela.
“Measures include the right to speak to specially trained counsellors who can understand possible situations of abuse or trafficking, as well as legal representation and referral to child protection services and facilities, regardless of migratory status,” he said.
UNODC, through its Human Trafficking and Migrant Smuggling Section, promotes equal access to justice by focusing on the provision of legal advisory services and technical assistance for States in their fight against trafficking in persons and the smuggling of migrants.
