Greater awareness of the non-punishment principle is vital for victims’ rights
LSI releases guidance for all stakeholders on the non-punishment principle, a report reveals severe human rights abuses at UAE’s Cop28 site, and inspectors find labour and rights violations at coffee farms in Brazil.
La Strada International (LSI) has developed two guidance documents to raise awareness of the non-punishment principle and how it is best applied in practice to protect trafficking victims from wrongful prosecution, conviction and punishment for unlawful acts committed due to their trafficking situation. The Advocacy Document is aimed at a broad audience and informs stakeholders about the non-punishment principle and the importance of its correct application. The Explanatory Brief provides an in-depth explanation of the principle, its codification in international instruments, the obligations to apply the principle based on human rights law, and case studies to illustrate the principle’s application in practice.
As stipulated by the UN Special Rapporteur on trafficking in persons, especially women and children, the non-punishment principle is recognized as a general principle of international law which is enshrined in multiple international documents. In Europe, these include Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings; Article 8 of the EU Trafficking Directive 2011/36/EU; and Article 4(2) of ILO Protocol 29 to the Forced Labour Convention. Further, the principle has been affirmed by the UN General Assembly and the Working Group on Trafficking in Persons established to assist the implementation of the Palermo Protocol.
Trafficked persons are often made to commit unlawful acts by their traffickers in the course of their trafficking situation, for example when a victim is traveling with false documents provided by their trafficker, or is forced to commit thefts or other offenses for the trafficker’s financial gain. While the principle does not confer blanket immunity, victims should not be held responsible for unlawful activities committed in the course of their exploitation and over which they had no choice, the guidance states. Early victim identification and the correct and timely application of the non-punishment principle are therefore of vital importance to safeguard the rights of victims, prevent further victimization, and to encourage them to report the crime. However, in practice the principle is often not applied by authorities, leading to devastating outcomes.
The Advocacy Document explains that, beyond the contravention of state obligations to recognize victims’ rights and provide for support, protection and effective remedies, failure by authorities to identify victims and apply the non-punishment principle can have negative ripple effects on their applications for asylum, as well as on welfare, employment and child custody. Such punishment is a denial of access to justice for trafficked persons and hinders the possibility of any type of recovery.
Legitimate fear of prosecution and punishment also prevents victims from seeking protection and discourages them from coming forward and cooperating with law enforcement, thus denying the prosecution a crucial witness in any proceedings against the trafficker, the guidance explains. This situation is used and even exacerbated by traffickers to maintain control over their victims. When the non-punishment principle is not applied correctly, states thus contribute to the impunity of traffickers and fail in their obligations to protect people and to investigate and prosecute those responsible for human trafficking.
LSI actively pushes for legislative changes and more guidance at European level to promote the application of the non-punishment principle across Europe, including improvement of Article 8 of the EU Trafficking Directive. Moreover, the organization works at a practical level on the promotion of the principle’s application through its own Working Group on Non-Punishment.
LSI also submitted written input and joined a consultation for the UN Special Rapporteur’s report on the non-punishment principle in 2021, outlining legal and practical challenges faced by NGOs in the European context. These included a lack of specific legal provisions in most European countries, lack of clarity about the interpretation of existing national guidance, lack of formal victim identification, and shortcomings in implementation. In some cases, victims were detained or prosecuted even though they had been formally identified as victims, the input said, often due to an infringement of administrative rules. Recommendations included the promotion of greater awareness of non-punishment provision among judges, prosecutors and other legal professionals; the early involvement of specialized victims’ organizations; and increased coordination among legal professionals.
Here’s a round-up of other noteworthy news and initiatives:
Equidem’s new report exposes the severe human rights abuses faced by migrant workers in the United Arab Emirates’s renewable and gig sectors, including at the site of the UN Climate Change Conference (COP28) in Expo City. The research, based on correspondence with 248 workers, and 102 interviews, reveals alarming labour violations, such as physical abuse, heat stress, exploitation and discrimination, affecting 9 million migrant workers, 57 per cent of whom originate from climate-impacted areas of Asia and Africa.
The latest UNU-CPR report, Asset Recovery and Restitution, advocates for the concept that knowingly benefiting from human trafficking or forced labour should be categorized as a predicate offense to money laundering. The proposed change aims to address the disparity between the substantial profits from these crimes and the limited compensation provided to victims, potentially fostering a transformative impact on the global economy by altering risk perceptions for individuals and companies involved in such illicit activities.
Concerns over the handling of potential trafficking victimization tips by the National Human Trafficking Hotline have led to a collaboration between Connecticut’s attorney general and Love146, an anti-trafficking organization. The joint effort has resulted in a decision not to support H.R.2601, a bill that would forward all hotline tips to local law enforcement, highlighting the need for nuanced approaches to protect victims’ rights while addressing human trafficking effectively.
A seasonal worker from Chile has filed an unfair dismissal claim against Haygrove farm in the UK, becoming the first person on a post-Brexit seasonal worker visa to take such action. Julia Quecaño Casimiro alleges unlawful deduction of wages, unfair dismissal, discrimination, and harassment, with a preliminary hearing expected in March.
An investigative report by Repórter Brasil reveals labour and human rights abuses, including child and slave labour, on Starbucks-supplying coffee farms in Minas Gerais. Inspectors found issues such as illegal wage deductions, inadequate living conditions, and lack of protective equipment on the farms, which were certified under Starbucks’ C.A.F.E. Practices. The case highlights the shortcomings of certification programs, and emphasizes the need for transparency and effectiveness in ethical sourcing and the protection of workers’ rights in the coffee industry.
This article discusses the adverse effects of cheap Italian tomatoes on Ghanaian farmers, which have prompted some to seek work in Italy. The series narrates the journeys of six Ghanaians, shedding light on the economic struggles, dangers and disappointments they face in their pursuit of a better future in Europe.
A recent blog post argues that digital platforms could enable victims of trafficking in ASEAN and beyond to access legal support at an early stage, helping address issues including criminal prosecution, forced marriage, visa and immigration problems, and unpaid salaries. “Digital public goods” can overcome language and geographic barriers, but would require legal aid providers, government agencies, technology companies, and justice groups to work together to ensure the most vulnerable people are reached.
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