Victim Rights
We work with ASEAN Member States to ensure implementation of ACTIP commitments, especially in connection to victim rights.
A victim rights approach seeks to ensure that the rights of victims are exercised and protected and that any trauma associated with the criminal justice process is minimised.
ASEAN-ACT supports ASEAN Member States with priority areas for victim rights, based on our research to deepen understanding of the root causes of trafficking and studies to examine the provisions in law and policy of victim rights.
We integrate a rights-based and do no harm approach into all activities across the program. This includes targeted activities designed specifically to address rights-based issues for victims of trafficking. We have developed markers to assess the degree to which our projects and activities address victim rights key dimensional issues.
Empowering victims as engaged participants provides victims with an opportunity to play a meaningful role in seeing their traffickers brought to justice. We create opportunities to connect justice officials responsible for trafficking-related policies and reforms with non-government organisations, civil society and the private sector. This engagement promotes rights-based approaches, encourages new ways of working and forges sustainable links to improve policy dialogue.
‘Victim’ rather than ‘survivor’?
ASEAN-ACT uses the term ‘victim’ rather than ‘survivor’ to refer to individuals who were trafficked. Both terms are important, but have different implications when used in the context of law and justice, victim advocacy and service provision.
The term ‘victim’ has legal implications in the criminal justice system and refers to an individual who suffered harm as a result of criminal conduct. The laws that give individuals particular rights and legal standing use the term ‘victim’ and law enforcement agencies use this term in their work
What are victim-sensitive court indicators?
In trafficking cases, victims are often the only source of evidence, and without their cooperation it is difficult to prosecute offenders.
In order to support those victims who want to participate in the criminal justice process, it is critical that the formal justice process applies a victim-centred approach.
ASEAN-ACT together with ASEAN Member States developed a handbook which provides guidelines and international good practice on how to implement victim-sensitive courts.
Download a copy of the Victim Sensitive Courts Indicators self-assessment tool as an interactive PDF.
How can we safeguard the rights of children coming in contact with the law?
Trafficked victims who are children must be given special consideration – from the point of identification as victims through to reintegration and return to their home communities.
The research provides a comprehensive evidence base from which to build child-focused and more inclusive justice systems across the region.
When does sheltering victims become a violation of human rights?
Throughout the ASEAN region, victims of trafficking often find themselves in some form of detention.
In some countries, identified victims are placed in shelters from which they are not permitted to leave – or are only granted very limited rights to freedom of movement.
We have conducted a Study on shelter practices for victims of trafficking in the ASEAN region. The focus of the Study is on freedom of movement for trafficked persons.
Dimensions of victim rights in the ASEAN context
The ACTIP provides clear obligations for ASEAN Member States to protect the rights of trafficking victims. For example, it provides for victim identification in one country to be recognised automatically in another. It also provides for identified victims to have access to assistance and specifies that victims should not be held unreasonably in detention before, during or after legal or administrative proceedings.
