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Global Alliance Against Traffic in Women

Human Rights
at home, abroad and on the way...

GAATW Logo

Global Alliance Against Traffic in Women

Human Rights
at home, abroad and on the way...

Events and News

Access to Justice

Access to justice means access to a fair, respectful and efficient legal process, either through judicial, administrative or other public processes, resulting in a just and adequate outcome.

As trafficking in persons continues to gain increasing attention as a global issue, countries around the world have enacted anti-trafficking legislation and sought to combat trafficking as a form of organised crime. This law enforcement approach has made the prosecution of traffickers a key anti-trafficking strategy and thus trafficked people, the main witnesses in prosecutions, have been put in close contact with the justice system. While terrible human rights violations occur in the trafficking process and the need to combat this crime is evident, there is also a need for conscious and critical reflection on the impact of anti-trafficking efforts.

The Access to Justice Programme looks critically at the law enforcement approach to combating trafficking, and tries to analyse the extent to which this approach is protecting the human rights of trafficked persons.

At the same time, the Programme aims to support GAATW members to improve access to justice for victims of human trafficking by:
• Researching global patterns and strategies for prosecuting traffickers while protecting victims rights
• Promoting a participatory model of policy-making on access to justice by including all voices in discussions, such as policy-makers, court actors, service providers and affected groups, particularly women who have been trafficked
• Fostering communication, coordination and sharing of information, resources and experiences among members and other NGOs that provide legal assistance to trafficked persons
• Raising awareness about access to justice as a key human rights issue within anti-trafficking circles
• Contributing to other GAATW programmes on prevention, protection and advocacy by informing them access to justice for trafficked persons.

As part of this programme, GAATW created a website focussing on Access to Justice, featuring legal resources, country information, and a lawyers forum. For more information about this programme, and to access these resources, go to: www.gaatw.org/atj

Activities
Main activities in 2008

  • Developing the Access to Justice Handbook for Victims of Human Trafficking (Nigeria), involving Nigeria’s National Agency for the Prohibition of trafficking in Persons and other related maters (NAPTIP), UNIFEM, and GAATW Handbook to be published in October 2008

Activities in 2006 and 2007:
  • National Consultation on Access to Justice for Trafficked Persons (Kathmandu, Nepal - 2007)
  • National Consultation on Access to Justice for Trafficked Persons (Abuja, Nigeria - 2007)
  • Workshop on Access to Justice (MAP Women Exchange Meeting, Chiang Mai,Thailand - 2007)
  • Study trips to Philippines, Malaysia and Indonesia (2007)

Key findings from the Global Consultation on Access to Justice:

1. The vast majority of trafficking survivors do not enjoy their right to access the justice system. Problems with identification and poor legal knowledge mean that most victims never become aware of their rights. Even if they do, lack of training and resources to police, poor prosecutions, weak legal systems, discrimination and many other factors make bringing trafficking cases a long and arduous road.

2. Even where a case is successful, it is extremely rare for a victim to receive restitution for the violations suffered. Of the three cases in which survivors presented their stories, none had received any compensation.

1. Overwhelmingly participants agreed that obtaining justice could be an essential step to claiming back one’s life, but that the choice to seek justice should be the victim’s alone. Many trafficked persons choose not to press charges and that should be respected.

2. All countries seeking to tackle trafficking are doing so, at least partly, through their legislative and judicial systems. Further, all advocates have the same general goals for these systems: comprehensive legislation, effective police action, successful prosecutions that do not further victimise the victims of this crime, adequate sentences, and compensation. Different countries are achieving these goals to greater and lesser extents, but clearly lessons can be shared across jurisdictions.

3. Anti-trafficking legislation was highly valued by participants from countries that did not have such legislation in place, whereas for participants already working within such a framework, much more emphasis was placed on implementation.

6. The commitment of the trafficked person and her lawyer was essential to a successful case. In all cases, the survivor’s determination, patience and courage to fight for her rights had been crucial to the case being finalised.

7. Creative solutions – successful cases often relied not only on laws criminalising trafficking but used labour laws, other criminal laws, the media and human rights mechanisms.

8. Networking between NGOs and law enforcement, and among NGOs, both nationally and internationally, is essential to improving access to justice for victims.

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Communications and Information

The objective of GAATW’s communication and information is to empower people through sharing information and knowledge.

The Communications team facilitates information services and through the use of various communication tools carry forward the voices of members, partners and affected groups at the local, regional and international levels.

The team is responsible for the creation and distribution of publications (monthly e-bulletins, bi-annual Alliance News, and material for GAATW’s programmes), video editing and production, GAATW-IS’s internal information management system, members and partners database, and visual documentation.


Activities for 2008:

  • Monthly e-bulletins
  • Video Advocacy Project, producing a video clip in partnership with ATKI-HK
  • Bi-annual issues of Alliance News
  • Production of a GAATW planner for 2009
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GAATW's Multi-Year Programme

GAATW works in a three-year programme cycle, known as the “multi-year programme”. Deciding the strategic direction of the Alliance is done in consultation with member organizations, and other individuals, networks, and organizations that work in partnership with GAATW.

Three links on this page:

Context Analysis
We are living in a rapidly changing world. Nowhere is this change more visible than in the accelerated movement and migration of people both within and outside national borders. Sociologists comment that the present time is witnessing a scale of human movement for labour which is comparable to the colonial period when a large number of people were being moved from one place to the other by the colonial powers. In a post-colonial globalised world there are no centralised powers who move people. Most people move out of their own volition. Some move to escape harsh realities such as conflict and oppression in their home countries. Some move in search of a better economic future.

A striking feature of labour migration in the last decade or so is the increase in the number of independent women migrants and the entry of migrants into unprotected and informal work sites[1]. This reflects the changes in the world of work in the sense that public sector employment and ‘permanent’ jobs are shrinking all over the world while opportunities in the informal sector are increasing. It also reflects the reality that development in information technology and infra structure has made it possible for people to plan and execute a move from one place to the other more easily.

However, certain things have not changed over the years. Class, race, ethnicity and gender based discriminations are still rampant. Information about places and legalities around employment, though available, is often inadequate and most working class people are unable to access reliable information. One of the contradictions in a globalised economy is that while goods are moving across borders quite easily, people are not. Movement and migration are fraught with many uncertainties and dangers for marginalized groups of people. Most of them need to take help from agents to facilitate their travel and find them a job. Several get exploited either in the process of migration or at work places and some get into a trafficking situation.

We notice that in the last few years the issue of migration has received greater international attention. The international discussion on the issue of migration over the last few years culminated in the first Global Forum on Migration and Development in 2007. There is stronger organising among migrant workers in spite of repressive state measures. Within anti-trafficking work, people have started looking at the issue of forced labour.

We see these developments as opportunities. While states are trying to keep trafficking and migration in two separate boxes, among some sections of civil society the understanding of linkages are getting stronger. Many GAATW member organisations are starting to address the issue of migration in their work.

GAATW’s analysis of the current global context within which trafficking occurs and in which anti-trafficking work is undertaken can be summarized as follows:

  • More and more people are migrating both within and across national borders and entering the informal, unprotected work sector where conditions are ripe for forced labour practices.
  • Women, young people and men migrating due to structural disadvantages, low economic opportunity, armed conflicts, corrupt systems of governance and deep seated social inequalities are becoming easy prey to the highly exploitative practices in newly emerging work places.
  • Anti-Trafficking measures, (based on GAATW’s recent research) especially state policies, are proving to be overtly or covertly anti-working class migration and anti-working class women’s struggle for autonomy. Most states are unwilling to consider that strict border control measures only drive people to take desperate steps.
  • Governments rarely are able to protect and respect the human rights of trafficked persons: assistance is either inadequate or made conditional on the trafficked persons’ cooperation with law enforcement; access to any kind of remedy for the harms suffered is extremely rare; and prevention measures are failing to target exploitation.
  • No significant human rights analysis of NGO work has been done (although GAATW has made a small beginning through the thematic consultations) and many progressive NGOs take a rather protectionist view in their anti-trafficking work. Women’s rights and migrants’ rights NGOs, while potentially having an important role in calling for better policies, also often have limited conceptual clarity about the links between trafficking, gender, migration and labour.
  • Anti-trafficking discourses typically do not involve those directly affected by trafficking in developing policy positions or responses, although this is a key element of the human rights approach. “Self-organised” groups of women face significant barriers to participation due to their often informal structures, varying literacy levels and familiarity with policy processes, discrimination and many other factors.
  • Policies and standards on trafficking and migration are being developed increasingly at regional levels, as well as at the international level.
  • There is growing awareness of trafficking for forced labour
  • There is stronger organising among migrant workers despite repressive measures by Governments, more international discussions on migration
  • There are some good signs of Anti-Trafficking and Migrant rights groups joining hands with each other
  • There is Interest to look into the Human Rights impact of anti-trafficking measures in various forums

Strategic Decisions

Right from its inception GAATW has conceptualized trafficking in the context of labour migration. While the alliance had decided to focus on the most vulnerable groups of migrants (i.e women who are trafficked) recognition of women’s right to mobility was always at the core of its work. As early as 2000 GAATW had brought out a publication called the Migrating Woman’s Handbook which was translated into several languages including Bahasa Indonesia and Georgian.

Over the years it has become clear to members of GAATW, especially those who have been working on this issue for a number of years, that a much more proactive pro-migrant-rights strategy needs to be adopted by the alliance so that states can not distance themselves from the issue of migration or justify stricter border control in the name of stopping trafficking. There is some degree of understanding among civil society actors of the conceptual linkages between trafficking, labour and migration but much more discussion needs to be carried out to see how collaborative steps can be taken.

In short, the alliance feels that a two-track strategy of engaging with anti-trafficking on one hand and expanding its engagement into the area of migration and labour should be retained and strengthened.

Program Priorities

Based on the context analysis and the strategic decisions, we came to the following priorities for the period 2008-2010:

1. Promoting a Human Rights Centred Approach to Anti-trafficking Work

2. Promoting Access to Justice

3. Realising Rights (supporting the work of self-organised groups in the Alliance)

4. Research

5. Building and Exploring Linkages with Migration, Gender and Labour Movements

6. Alliance Strengthening

7. Consolidating the capacity growth of the Secretariat



[1] Until the late 1970s, most writings on international migration either focused explicitly only on male migrants (usually conceived of as workers) or seemed to assume implicitly that most migrants were male. Such beliefs were rarely based on statistical evidence since, both then and now, data on international migrants often were not classified by sex. Recent studies show that for more than 40 years, female migrants have been almost as numerous as male migrants. However, the rise in the number of women migrant workers from developing countries is noticeable since the 90s.

 

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Strategic Thematic Direction

During 2011-13, through our Power in Migration and Work thematic programme, we engaged more directly with the migrant rights and labour rights movements. During 2014-2016 our work will build on the work of previous years; we will continue to push for a human rights based approach in anti-trafficking policies and practices.  We will also deepen our engagement with the issue of migration and labour.

The three thematic strategic issues outlined below are continuations of our work during 2011-13.

ACCOUNTABILITY Increasing the accountability of all anti-trafficking stakeholders involved in the design or implementation of anti-trafficking responses, towards the persons whose human rights they purport to protect.

ACCESS TO JUSTICE Broadening spaces for trafficked persons and migrant workers to practice their human rights by improving access to justice and combating all forms of discrimination that impact women’s ability to exercise their human rights as they relate to trafficking.

POWER IN MIGRATION AND WORK Centring an analysis of women’s power in their labour and migration to better assess migration and labour policies’ impact on women, and to work towards labour and migration processes that reflect migrants’ needs, aspirations and capabilities.