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Compensation For Victims of Trafficking in Persons – UNODC Perspective and State Practice Expert Consultation of the Special Rapporteur on Trafficking in Persons, Especially Women and Children, Ms. Joy Ngozi Ezeilo, on“The Right to an Effective Remedy for Trafficked Persons”Bratislava, 22 November 2010Simone Heri, Organized Crime Branch, UNODC Vienna
Protocol does not specify any potential source of compensation, which means that any of the following general options that States have developed would suffice to meet the requirement of the Protocol:
(a) Provisions allowing victims to sue offenders or others under statutory or common-law torts for civil damages;
(b) Provisions allowing criminal courts to award criminal damages (that is, to order that compensation be paid by offenders to victims) or to impose orders for compensation or restitution against persons convicted of offences;
(c) Provisions establishing dedicated funds or schemes whereby victims can claim compensation from the State for injuries or damages suffered as a result of a criminal offence.
(Legislative Guides for the Implementation of the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto (pp. 285-286, para. 60)
“With regard to the compensation for victims of trafficking, States parties should consider the possibility of establishing appropriate procedures to allow victims to obtain compensation and restitution.” (CTOC/COP/WG.4/2009/2, para. 14)
“States parties should endeavour to ensure the availability of a compensation fund or similar mechanism for victims of crimes, including trafficking in persons.“ (CTOC/COP/WG.4/2010/6, para. 56)
“Welcomedthe work of the Working Group on Trafficking in Persons, including the Group’s recommendations, resulting from its meeting on 14 and 15 April 2009, 27 and 29 January 2010, and 19 October 2010” (CTOC/COP/2010/L.5/Rev.1, para. 5)
(a) Information on relevant court and administrative proceedings;
(b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
“Noting the low rate of convictions for trafficking in persons globally, as reported in the Global Report on Trafficking in Persons published by UNODC in 2009, States parties should increase their efforts to investigate and prosecute cases involving trafficking in persons, including by making timely use of financial investigation techniques, special investigative techniques and other tools designed to combat other forms of organized crime.” (CTOC/COP/2010/6, para. 35)
“States parties should utilize the Organized Crime Convention and other multilateral legal instruments to develop and strengthen international judicial cooperation, including with regard to extradition, mutual legal assistance and confiscation of the proceeds oftrafficking in persons.“ (CTOC/COP/2010/6, para. 28(b))
“States parties should increase cross-border criminal justice action through enhanced use of joint investigations, information-sharing and confiscation of assets, in line with their domestic legislation.” (CTOC/COP/2010/6, para. 36)
Bulgaria: Assistance and Compensation to Crime Victims Act (18 December 2006)
Provides for compensation of victims of crime
Authorities responsibility of informing victims of such rights
New South Wales Victims Compensation Tribunal
Established under Victims Support and Rehabilitation Act (1996)
In May 2007 Tribunal awarded compensation to a Thai woman who was trafficked to Australia as a child for the purpose of sexual exploitation
Nigeria: Trafficking in Persons Law Enforcement and Administration Act 2003
The Act establishes a Trust to provide victims with compensation for economic, physical and psychological damage
Egypt: Law No. (64) of 2010 regarding Combating Human Trafficking, Article 27:
A fund shall be established to assist victims of human trafficking, which shall have a public juristic personality under the Prime Minister to provide financial assistance to the victims who have suffered harm resulting from any of the crimes stipulated in this law.
A decision by the President of the Republic shall regulate this fund and determine its jurisdiction, resources and the sources of its funding.
The proceeds of the fines sentenced for the crimes stipulated in this law, as well as the properties, objects, and means of transportation forfeited shall be allocated directly to the fund, which may also accept contributions, grants, and donations from national and foreign entities.
Serbia: Victims are able to file civil suits against traffickers and are entitled to temporary residence permits
Hong Kong Special Administrative Region of China: Victims may initiate civil proceedings for damages or compensation arising form injuries sustained as a result of being trafficked
Cyprus: Combating of Trafficking in Persons and Sexual Exploitation of Children, Law No. 3(1), 2000
Article 8 gives victim right to sue for special and general damages
The Court may take into consideration the following for general damages:
a. the extent of the exploitation and the benefit the liable derived from such exploitation,
b. the future prospects of the victim and the extent to which such prospects were affected by the exploitation,
c. the culpability of the offender,
d. the relationship or the dominating position or influence of the offender with regard to the victim. (Article 8(2))
The Court, in the award of special damages, takes into consideration every item of expense which resulted from exploitation including costs for repatriation in the case of foreigners. (Article 8(3))
(100 NIS ~ 27 USD)
victims of violent crime
Civil action againstperpetrator
Civilclaim in criminal case againstperpetrator
(100 NOK ~ 16 USD)
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