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ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS WORKSHOP ON TRAFFICKING

HUMAN RIGHTS AND CRIMINAL JUSTICE RESPONSES TO TRAFFICKING CHALLENGES AND OPPORTUNITIES. ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS WORKSHOP ON TRAFFICKING SYDNEY, 21 NOVEMBER 2005. THE GLOBAL FAILURE TO COMBAT TRAFFICKING.

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ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS WORKSHOP ON TRAFFICKING

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  1. HUMAN RIGHTS AND CRIMINAL JUSTICE RESPONSES TO TRAFFICKING CHALLENGES AND OPPORTUNITIES ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS WORKSHOP ON TRAFFICKING SYDNEY, 21 NOVEMBER 2005

  2. THE GLOBAL FAILURE TO COMBAT TRAFFICKING • Rising numbers, more violence and geographical expansion; • Increasing sophistication of operators, growing market specialization; • Few successes in persuading victims to cooperate with the criminal justice system; • Widespread perception of a discordance between protection of victims and more aggressive criminal justice responses. 2005 APF SYDNEY

  3. WHAT HAVE BEEN THE MAIN OBSTACLES TO EFFECTIVE CRIMINAL JUSTICE RESPONSES? 2005 APF SYDNEY

  4. OBSTACLE 1 Lack of understanding about trafficking within and between countries 2005 APF SYDNEY

  5. OBSTACLE 2 Inadequate, inappropriate legal frameworks 2005 APF SYDNEY

  6. OBSTACLE 3 The failure to recognize and investigate trafficking for purposes other than sexual exploitation 2005 APF SYDNEY

  7. OBSTACLE 4 A fragile, and often contradictory social environment especially around migrant labor and the sex industry 2005 APF SYDNEY

  8. OBSTACLE 5 Public sector involvement and complicity in trafficking 2005 APF SYDNEY

  9. OBSTACLE 6 Low commitment to the rule of law and to the rights of all persons including suspects 2005 APF SYDNEY

  10. OBSTACLE 7 The complexity of the investigatory task including heavy reliance on victims as witnesses 2005 APF SYDNEY

  11. OBSTACLE 8 The low priority accorded to trafficking as a crime 2005 APF SYDNEY

  12. OBSTACLE 9 Low capacity to cooperate across national borders 2005 APF SYDNEY

  13. GOOD, BETTER, BEST NATIONAL PRACTICE….. • Genuine political commitment to ending impunity for traffickers and securing justice for victims of trafficking; • Strong, realistic and enforceable laws; • An educated and supportive public environment; • A criminal justice system committed to the rule of law and to upholding the rights of all persons including suspects; • A well-resourced and well-trained specialist law enforcement response; • Close cooperation between CJS and victim support agencies; • Real incentives for victims to cooperate; • Strong ties with between criminal justice agencies in countries of origin & destination along with a commitment to collaboration. 2005 APF SYDNEY

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