“Rights-Based Approach to Law Enforcement”, Regional Expert Meeting on Rights-Based Assistance to Victims of Trafficking hosted by the International Organization for Migration, Cairo, Egypt (December 14-16, 2008).

“A Victim Centered Approach in Drafting Anti-Trafficking Legislation”

December 15, 2008

By

Dr. Mohamed Mattar

Executive Director

The Protection Project at The Johns Hopkins University School of Advanced International Studies

I am delighted to be here in Egypt, my own country and I am honored to be invited by IOM, a leader in the fight against human trafficking.

I want to congratulate the Egyptian National Coordinating Committee to Combat and Prevent Trafficking in Persons on releasing the first annual report this last September, 2008.

Thanks to Ambassador Naila Gabr.

I received members of the Committee at The Protection Project in Washington, DC and the drafters of the Report were kind enough to refer to the cooperation between Egypt and The Protection Project.

And I would like to applaud this conference focus on the Human rights based approach to human trafficking.

And to me, a rights based approach requires the application of five main principles that I would like to share with you.

First: A recognition that the trafficked person is a victim. Here I distinguish among what I call the five Vs.

  • The victim herself, a person who suffers harm as a result of the crime of trafficking.
  • The derivative victim should also be entitled to protection.
  • The potential victim who may become a real victim so preventive measures must be taken to prevent this from happening.
  • The presumed victim, a person who has already been trafficked but has not been identified as a victim. Here “identification” becomes imperative.
  • Finally, the vulnerable victim. To me every victim of trafficking is a vulnerable victim.

Consent is irrelevant in all case of trafficking and trafficking as such is a form of violence, violence against children and violence against women. I would like to recognize the good work of the National Council for Women.

I am working on a model law on the elimination of all forms of violence against women, including domestic violence, sexual harassment, and trafficking as well. But the main problem in Egypt is trafficking in children, although there are cases of trafficking in women. It is internal trafficking as opposed to interregional trafficking that constitutes a threat to the Egyptian society.

That is why I am pleased that the new child law of Egypt makes trafficking in children a crime for the first time. I am referring here to Article 116 those talks about 5 years that can become 10 years imprisonment in cases of organized and translational trafficking for those who buy and sell or transfer or exploit children whether for sex or labor.

Excellent article, thanks to the National Council for Childhood.

Second: A right based approach regarding an acknowledgment of a number of internationally recognized human rights for victims of trafficking.

Back in May 15, 2002, I declared in Rome, a (10) Bill of Rights on behalf of victims of trafficking that includes:

  • The right to safety
  • The right to privacy
  • The right to information
  • The right to legal representation
  • The right to be heard in court
  • The right to compensation
  • The right to medical assistance
  • The right to social assistance
  • The right to seek residence
  • The right to return

Third: A rights based approach warrants an understanding that any of these benefits granted to victims of trafficking should not be contingent upon her testifying before a court of law.

Of course we have to require some type of cooperation between law enforcements officials and a victim of trafficking. But these are two different things. We have to think about trafficking not only as a crime against the State but manly as a threat to human security.

Fourth: A rights based approach cannot function properly without the extensive involvement of NGOs and other elements of civil society. This is what I call the Principle of Participation in a Five Ps approach.

  • Prevention and I want to emphasize here the importance of a comprehensive anti-trafficking legislation. And I understand that Egypt is in the process of drafting a trafficking legislation.
  • Protection, that includes the three essential ingredients; witness protection, immigration status, and civil compensation.
  • Provision of services, especially providing shelters for victims of violent crimes including trafficking.
  • Prosecution, which incorporates the 3 exs, exchange of information, extraterritoriality, extradition.
  • And finally Participation, not only of NGOs but also other elements of civil society such as media, faith based organizations, and academic institutions.

And I am delighted that the Egyptian Report concluded with a recommendation that the committee will work towards: incorporating the problem of trafficking in human rights curricula that are new tonight in Egyptian universities in accordance with the April 29, 2004, decision.

Fifth: Let us agree that the most important principle in a victim centered approach is the principle of “non-punishment of victims of trafficking”.

No longer we find the victims, apprehend them, arrest them and then deport them. “This has to stop”.

Let me conclude with the first legislation that applied the principle of non-punishment, the Quran legislation; I am referring to 24:33, “And no not force them into position if they are forced, do not punish them, God will forgive them”.

Thank you.