Alice Maranga
Global Alliance Against Trafficking in Women Africa
Representative
About FIDA Kenya

 FIDA Kenya is a premier women’s rights civil society
organization in the East Africa region.
 FIDA Kenya’s 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.
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 People’s Rights.
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.
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:
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.
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.
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.
Restitution- Right Based
Approach to TIP

 The UN Trafficking Protocol’s 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.
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.
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 deeprooted causes of trafficking hence need for guiding
principles to the Protocol.
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.
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
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.
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 victim’s rights and
gender equity and provide guidelines to the
protocol.
The End

Thank you!