Trafficked and sexually exploited woman and girls can find themselves facing prosecution and conviction for those very same crimes, in some countries, a new UN report shows. The study aims to help prosecutors to better handle these complex cases, and protect the genuine victims.
No clear-cut cases
A 2017 criminal case in Canada, to take one example from the report, involved an 18-year-old woman defendant was charged with the forced prostitution of two female minors, aged 14 and 16. She had instructed one of them on how to dress, and what to do with clients, and taken away the cell phone of the other, to prevent her from escaping.
She was found guilty and sentenced to eight months in prison. However, it was revealed during the case that she too was a victim of sexual exploitation. The court heard that she was under the control of a male trafficker, and had been exploited from the age of 16, and physically abused by pimps.
The case, which is included in Female Victims Of Trafficking For Sexual Exploitation As Defendants, a new publication from the UN Office on Drugs and Crime (UNODC), shows the complexity of many human-trafficking-related cases, in which the defendant may also be a victim, who either had no alternative but to obey an order, and commit a crime, or hoped to limit their own exploitation or escape poverty by playing a role in the crime. The study also found that traffickers use the women and girls as a shield to protect themselves from being punished for their crimes.
“Ever since UNODC started collecting statistics on human trafficking 15 years ago, women and girls have consistently represented the majority of reported victims”, says Zoi Sakelliadou, a UNODC Crime Prevention and Criminal Justice Officer, who coordinated the development of the study.
“We’ve also seen that the percentage of female perpetrators of trafficking who are at the same time victims of this crime, is steadily high too, especially if compared to female offenders in other crimes. The traffickers not only earned a profit by sexually exploiting the victims, but then made them commit crimes so they could escape liability and prosecution”.
The report shows that traffickers deliberately used the “victim-defendants” in low-level roles, that exposed them to law enforcement authorities – meaning they were more likely to get caught.
These roles included the recruitment of new victims, collecting proceeds, imposing punishments, or posting advertisements for victims’ sexual services.
In very few of the examined cases did the victims engage in acts of trafficking in an attempt to move up the hierarchy of the criminal organization or for financial gain.
It was not just the statistics that led UNODC to analyse this topic, explains Ms. Sakelliadou, but also calls from law enforcement and criminal justice officials, who stressed the complexity of investigating and adjudicating cases that involve female victims of trafficking as alleged perpetrators.
The study also highlights the clear links between human trafficking and violence against women, domestic violence, and the role of intimate partner violence.
“We found that in around a quarter of the cases examined, the women had been subjected to multiple forms of violence prior to and during the trafficking process, including from early childhood”, says Ms. Sakelliadou. “We hope this study will support the law enforcement and criminal justice officials and the NGOs who handle these complex cases and support the victims.”
Migrants left stranded and without assistance by COVID-19 lockdowns
Travel restrictions during the COVID pandemic have been particularly hard on refugees and migrants who move out of necessity, stranding millions from home, the UN migration agency, IOM, said on Thursday.
According to the International Organization for Migration (IOM), the first year of the pandemic saw more than 111,000 travel restrictions and border closures around the world at their peak in December.
These measures “have thwarted many people’s ability to pursue migration as a tool to escape conflict, economic collapse, environmental disaster and other crises”, IOM maintained.
In mid-July, nearly three million people were stranded, sometimes without access to consular assistance, nor the means to meet their basic needs.
In Panama, the UN agency said that thousands were cut off in the jungle while attempting to travel north to the United States; in Lebanon, migrant workers were affected significantly by the August 2020 explosion in Beirut and the subsequent surge of COVID-19 cases.
Business as usual
Border closures also prevented displaced people from seeking refuge, IOM maintained, but not business travellers, who “have continued to move fairly freely”, including through agreed ‘green lanes’, such as the one between Singapore and Malaysia.
By contrast, those who moved out of necessity – such as migrant workers and refugees – have had to absorb expensive quarantine and self-isolation costs, IOM said, noting that in the first half of 2020, asylum applications fell by one-third, compared to the same period a year earlier.
As the COVID crisis continues, this distinction between those who can move and those who cannot, will likely become even more pronounced, IOM said, “between those with the resources and opportunities to move freely, and those whose movement is severely restricted by COVID-19-related or pre-existing travel and visa restrictions and limited resources”.
This inequality is even more likely if travel is allowed for anyone who has been vaccinated or tested negative for COVID-19, or for those with access to digital health records – an impossibility for many migrants.
Frontier lockdowns also reduced options for those living in overcrowded camps with high coronavirus infection rates in Bangladesh and Greece, IOM’s report indicated.
In South America, meanwhile, many displaced Venezuelans in Colombia, Peru, Chile, Ecuador and Brazil, lost their livelihoods and some have sought to return home – including by enlisting the services of smugglers.
Clashes in Myanmar displace thousands
Clashes between the Myanmar security forces and regional armed groups, which have involved military airstrikes, have reportedly claimed the lives of at least 17 civilians in several parts of the country, the UN Office for Coordination of Humanitarian Affairs (OCHA) said on Wednesday.
In a humanitarian update, issued on Tuesday, the Office also noted unconfirmed reports of several thousand people fleeing the hostilities in recent days in the Kayin and Bago regions, in central Myanmar, near Yangon. A medical clinic is also reported to have been damaged in gunfire in a township in Mon state, also in the central part of the country.
An estimated 7,100 civilians are now internally displaced in the two regions due to indiscriminative attacks by the Myanmar Armed Forces (MAF), and the Karen National Union (KNU), as well as growing insecurity since December 2020, according to the update.
“UNHCR [the UN refugee agency] is engaging with partners on the ground to explore possibilities to deliver critical humanitarian assistance and support to the displaced. A further 3,848 people in Kayin State have crossed the border to Thailand since 27 March, due to fears of further hostilities in the area”, OCHA said.
The majority are believed to have returned to Myanmar with Thai authorities saying that 1,167 remain in Thailand as of 1 April, the Office added.
‘Deep concern’ over continued impact of the crisis
Meanwhile, the wider political crisis across Myanmar continues to hit life hard across the southeast Asian nation.
The UN human rights office (OHCHR) has received credible reports of at least 568 women, children and men, have been killed since the military coup on 1 February, though there are fears that total is likely much higher.
Concerns have also been raised over the impact on Myanmar’s health and education systems, as well as the long-term effects of the violence on children.
The longer the current situation of widespread violence continuous, the more it will contribute to a continuous state of distress and toxic stress for children, which can have a lifelong impact on their mental and physical health, senior UN officials warned last week.
Since 1 February, there have been at least 28 attacks against hospitals and health personnel and seven attacks against schools and school personnel, UN spokesperson Stéphane Dujarric told reporters at a press briefing at the UN Headquarters, in New York, on Tuesday.
“Attacks against health volunteers and against ambulances are preventing life-saving help from reaching civilians wounded by security forces,” he added.
UN agencies have also reported reported sharp increases in food and fuel prices in many parts of Myanmar, on the back of supply chain and market disruptions. Humanitarians worry that if the price trends continue, they will “severely undermine” the ability of the poorest and most vulnerable to put enough food on the family table.
Guterres: Use COVID-19 recovery to make inclusion ‘a reality’
Building a more inclusive and accessible world that recognizes the contributions of all people, including persons with disabilities must be a “key goal” as countries work to recover from COVID-19 pandemic, United Nations Secretary-General said on Friday, commemorating World Autism Awareness Day.
“The crisis has created new obstacles and challenges. But efforts to reignite the global economy offer an opportunity to reimagine the workplace to make diversity, inclusion and equity a reality”, Secretary-General António Guterres said.
“Recovery is also a chance to rethink our systems of education and training to ensure that persons with autism are afforded opportunities for realizing their potential”, he added.
Breaking ‘old habits’ crucial
Mr. Guterres also emphasized that breaking old habits will be crucial. For persons with autism, he added, access to decent work on an equal basis requires creating an enabling environment, along with reasonable accommodations.
“To truly leave no one behind in pursuit of the 2030 Agenda on Sustainable Development, we must realize the rights of all persons with disabilities, including persons with autism, ensuring their full participation in social, cultural and economic life”, he said.
“Let us work together with all persons with disabilities and their representative organizations to find innovative solutions to recover better and build a better world for all.”
Inequalities worsened by COVID-19
Intervention during early childhood is important to promote the optimal development and well-being of persons with an ASD, WHO added, emphasizing the importance of monitoring of child development as part of routine maternal and child health care.
While some individuals with ASD are able to live independently, others have severe disabilities and require life-long care and support. Persons with an ASD are also often subject to stigma and discrimination, including unjust deprivation of health care, education, protection under law, and opportunities to engage and participate in their communities.
The World Day
The World Autism Awareness Day, to be commemorated annually on 2 April, was established in December 2007 by the UN General Assembly, which affirmed that “ensuring and promoting the full realization of all human rights and fundamental freedoms for all persons with disabilities is critical to achieving internationally agreed development goals”.
The General Assembly also highlighted the importance of early diagnosis and appropriate research and interventions for the growth and development of the individual, and called for efforts to raise awareness throughout society, including at the family level, regarding children with autism.
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