What is Justice?

HAART has been chosen to participate in the Global Learning Collaboration project by Safe Horizon. This project will focus on sharing best practices among organizations in the world that deal with victims of human trafficking. On August 5th we had our first online meeting and the conversation was centered upon the definition of justice for survivors.

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By Rehema Baya/A2ES

I was looking forward to the breaking down of the concept of justice because I am slowly discovering that the definition of the word might be universally the same but it’s meaning is quite different to every person you ask. Therefore, the meaning of justice to victims of trafficking is just not different from mine as a practitioner but also from one victim to the other. This is something that all of us agreed upon. The question then becomes, do you find a common meaning for justice or do you go with the meaning that a victim presents?

When we think about justice, most of us think about the courts and the legal process but it is good to acknowledge that the legal process is a small part of the definition of justice especially for victims that have gone through the kind of trauma that trafficking does. Most victims see justice as the whole process of healing and recovery and reintegration back to society. We all seemed to agree that victims should come first therefore what justice means to them should always be the focus of our work. This is not always easy because we live in communities with systems that sometimes require us to respond in a specific way and that way might require that a victim’s priority will not be ultimate as it should be.

Access to justice through the legal process is a difficult task for most of us in the field of counter-trafficking. The discussions focused on the process of administration of justice for victims of trafficking. It is common practice in criminal cases for the police to want to collect evidence from the victim as soon as they are rescued. This is not easy for a victim who has gone through extreme trauma. In many cases and especially for victims of sex trafficking, their relationship with the police is not one based on trust. Most of them are scared because they have probably been through the system and been abused therefore asking them to trust the police and give their statement is a tall order.

It is also notable in places like Kenya that the police who are responsible for prosecution are not trusted to do the right thing. In most cases even if they are willing to help the complexity of the crime of trafficking makes it impossible for them to meet the threshold of evidence required to prosecute a trafficking case. The question then is should we give up on trying these cases? No, there is definitely work to be done especially with the police to create awareness about human trafficking and prosecuting these cases. It is when prosecuting a case that as a practitioner you discover that partnerships are important not just with each other but also with the government. We cannot give up on prosecution but we can systematically and strategically address some of the areas that we need to improve.

There was a suggestion of trying human trafficking cases as civil suit instead of trying them as criminal cases. Civil suits can be tried at any point when the survivor is ready for the case to be tried in addition any compensation made from the case directly benefits the victim of trafficking. Is this something that we should consider? I think we should. At the end of the day getting justice through the legal process for victims of trafficking should always be a priority for all of us. We don’t always have the means but we have every reason to try and ensure that victims feel that they have received justice after going through our programs.

Sophie Otiende

Shelter Crisis

Awareness Against Human Trafficking (HAART) is an organization founded as a response to the increasing crisis of human trafficking in Kenya, a cause which it is entirely dedicated to fight. Founded in 2010, it works in the areas of prevention of trafficking, prosecution of trafficking offenders and protection of victims and working with partners in advocacy and policy. Since it was founded, HAART has trained more than 30,000 people in vulnerable and impoverished grassroots community on human trafficking, how to avoid becoming a victim and what someone can do to get help. Primarily through the workshops we have been able to identify and assist victims of trafficking. The assistance is based on individual needs and can be anything from rescue, economic empowerment, medical care, education, psychosocial support, training, relocation and shelter.

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Shelter has always been a challenge for us and other organizations as there are no dedicated shelters for victims of human trafficking in Kenya, but for the past 2 years, HAART has had a working relationship with one shelter in Nairobi that did allow us to bring victims of trafficking with short notice, which is essential in rescue operations. However, due to some regrettable circumstances regarding the care of a child victim of trafficking, we have had to remove all of our beneficiaries from the shelter and find temporary solutions. HAART will not be able to work with that shelter going forward as it is not safe.

We have been able to deal with the crisis by working with different shelters and sending children back to boarding school early. However, these are all temporary solutions until November when the schools close and at the moment we are not able to refer any victims to shelters for protection. This is essential as we are often involved in rescue operations e.g. when a child is rescued from a brothel, early child marriage or domestic servitude in the afternoon it is important that we have place to take the victim immediately.

Since late 2015, HAART has been working on raising funds to first buy land and then build a shelter. We felt back then that it was a real need in Kenya, and we are even more committed to it now. However, time has run away from us and we can no longer wait to raise enough money buy land let alone build a shelter. We need a safe temporary place for victims of trafficking by 1st November as we continue to work on a long-term solution. We are therefore appealing to anyone who can help, to assist us either with funding, second hand furniture and housing items, food and if possible land or a house (either donated or lent).

We are confident that the expertise and capacity HAART has built in the area of protection of victims of trafficking over the past 6 years, and in particular the knowledge we gained from handling the biggest human trafficking case in Kenya’s history in 2014 and 2015 when we successfully rescued 31 trafficked Kenyan women from Libya in collaboration with the International Organization for Migration and the Kenyan Ministry of Foreign Affairs will enable us to provide both protection and holistic care for the victims of trafficking in our care. For this new temporary rescue center, we would have to recruit additional staff, but the new recruits will be trained and supported by HAART’s existing both experienced, knowledgeable and passionate staff.

It will need a concerted effort if we are ever to eradicate human trafficking. Please remember the words of the famous 18th century abolitionist William Wilberforce who was instrumental in ending slavery:

“You may choose to look the other way but you can never say again that you did not know.”

 

The Promise

The One Human Family, One Voice, No Human Trafficking conference in Nigeria

On 5-7 September 2016, more than 150 people gathered in Abuja, Nigeria representing different faith based organizations, NGOs and international organizations from more than 40 countries. The occasion was a conference on human trafficking in Africa, hosted by Caritas Nigeria and organized by Caritas Internationalis and the Pontifical Council for the Pastoral Care of Migrants and Itinerant People. HAART had taken part in the preparation as a part of the working and was at the conference represented by Sophie Otiende and Jakob Christensen. HAART furthermore was able to bring a small sample of its Arts to End Slavery exhibition to the conference.

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The conference was held in Abuja the capital of Nigeria.

The One Human Family, One Voice, No Human Trafficking conference was a chance for stakeholders to take stock on the growing crisis of human trafficking in Africa, discuss solutions and best practices as well as providing for an excellent networking opportunity.

Some of the issues discussed in the conference was the different faces of human trafficking which robs its victims of their humanity and dignity and shows itself in different ways in labour exploitation, sexual exploitation and organ removals among others. It is a global problem that affects millions men, women and children in every country in Africa. Although human trafficking is illegal in all 54 African countries, there have so far not been any effective pan-African integrated efforts to combat it. The efforts are usually isolated and not coordinated. The conference was a first effort towards better cooperation within and across borders. Religious institutions offers an excellent avenue and partner in the eradication of human trafficking due to its vas organizations, longevity and shared values. This was affirmed by Cardinal Luis Tagle, Caritas Internationalis president, who urged the church to be the conscience of society.

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Jakob Christensen (Right) presented a paper on Forced Labour in Africa

At the conference there were survivors of human trafficking who shared the stories of what their experiences had been. Among them, were Sophie Otiende from HAART Kenya who gave a powerful statement on how human trafficking had affected her and how it could have been easily have been prevented. It was a statement not only about victimization and suffering, but also about surviving and not being allowing the exploitation to define her. And she was a testament to how survivors are strong and poses transformative powers to help others in similar situations. She urged everyone to look beyond the surface of our everyday lives as victims are oftentimes hiding in plain sight, which is something that traffickers take advantage of.

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Cultural dance by a local group

As human trafficking continues to rage on in the African continent with its millions of victims, robbing many societies of their most precious resources, its people. The delegates at the conference worked on a joint statement building on the declaration of Pope Francis and other world leaders in 2014. The statement urges the governments of the world to adopt better laws of human trafficking as well as proper implementing and to reaffirm that human trafficking is a crime against humanity and:

“…commit to collaboration and common action aiming at preventing and eradicating the scourge of human trafficking and exploitation of human beings and upholding human dignity.”

By Jakob Christensen

Can men be trafficked?

What is the role of adult males in trafficking? Are men predominantly perpetrators or victims of human trafficking? Can a full-grown man even become a victim of a situation in which he finds himself unable to free himself from exploitation through another person? If you are a regular visitor of this blog you will notice that (unintentionally) the victim stories on here so far are mostly dealing with the exploitation of women and children – with most acts seemingly committed by men.

All in all, the stories on here as well as the statistics in many research papers on human trafficking appear to suggest a higher prevalence of male perpetrators on the one and female victims on the other hand. Thus, what brings about this apparent discrepancy between the genders in terms of their numerical representation in trafficking? Is it a matter of males being in a stronger position to exploit due to physical strength and patriarchic societal norms? Are contemporary civil societies simply oblivious to or unsympathetic towards the plights of adult men suffering in exploitative situations? Is exploitation of adult males maybe generally under reported?

I am raising many questions here and none of them can be satisfyingly answered without being addressed in an encompassing and appropriate context. For instance: Clearly, a number of men are generally able to exert enough power to forcefully abduct and intimidate (and thus control) another person through their sheer strength, while the same likely cannot be said of an equal number of women. What global research on trafficking as of now suggests though, is that human trafficking, for the most part, takes place through deceptive recruitment, not kidnapping. Without wanting to start a discussion on which gender can be considered more deceptive, it can be asserted that manipulation generally is a game both men and women can play, thus indicating that both men and women should command about equal potential to be traffickers.

A probably very decisive factor to explain varying numbers of male and female trafficking victims within a given context is actually the market demand for the respective services and commodities a trafficker can satisfy through his or her actions. Just as is the case with legal services and goods, these demands and their supply vary on a local, state, national and regional level. Demand is furthermore subject to demographic, cultural and especially legal factors that limit the availability of the supply side.

This leads us back to patriarchal societal norms: For various reasons that are too numerous to address here, prostitution and pornography have historically been predominantly female dominated businesses, mainly due to demand created through heterosexual males. Similarly, certain other, non-sexual labor branches such as housekeeping are also typically more frequently carried out by women. When research teams explore these phenomena, they naturally find that women are more strongly affected by trafficking than men. This numerical overrepresentation then easily leads to the underrepresented side being marginalized in future research and funding to mitigate issues of human trafficking being diverted grossly towards one demographic group.

However, gendered job markets do not create a situation in which one gender (women) is being exploited and another (men) is strictly not. Surely, the vulnerability of men and women within their respectively dominated fields of labor as well as the prevalence of the particular forms of exploitation they are subjected to may vary. Yet, that does not mean that adult men cannot, for instance, fall victim even to sexual exploitation. In this respect, the practices that male victims typically encounter may also strongly differ from what is generally imagined to constitute sexual exploitation. However, sexual abuse comprises more than just a man or woman enforcing the performance of penetrative or receptive forms of sex from a victim. It can also comprise, amongst other things, various sadistic practices such as inflicting pain, as well as urination and defecation on a person’s body for the purpose of arousal through humiliation and degradation. Within such contexts, the victim’s gender can become secondary or maleness can even become an added value from a viewpoint of dominating an actually physically superior or equal person.

While such forms of exploitation present niches even in trafficking, sexual exploitation, as with women, may coincide with other forms of trafficking, such as for the purpose of labor exploitation. The reason why men then do not elude these sort of situation is often the same as with women and children: their lives or those of their loved ones are threatened, they are financially or otherwise dependent on the person who exploits them or they are held captive, to name just a few. In addition, there are psychological factors pertaining to male gender roles that may add to men opting to remain in exploitative situations. Examples include shame over not having received the expected monetary compensation, a sense of obligation to cater for the needs of the family at all costs and a general view of men having to go through hardship to get ahead in life.

There is much more to be written about the subject, which would however ultimately exceed the limits of a single blog entry. Bottom line, though, I want to express that I feel research organizations and civil society have to gear up to get men to speak out about human trafficking. In encouraging them to speak out, male survivors can help to de-normalize exploitation through other men. More male voices could furthermore aid in demystifying stereotypical gender roles and add to the understanding of exploitation and trafficking through women. Most importantly, in the end, they would do themselves and other men a service by ensuring to become acting agents rather than just staying victims of trafficking.

By Mario Schulze

It takes attitude to have HAART

Human trafficking won’t disappear on its own; it will take commitment and concern from people the world over to really make a dent. It’s especially important that young people engage with the cause. Twenty-one-year-old Finali Galaiya is both a contestant in this weekend’s inaugural Miss Attitude East Africa 2016 beauty pageant and a passionate believer in the fight to end human trafficking. Finali is hoping to use her position to help raise the profile of the anti-human trafficking campaign and the work that organisations like HAART are doing. Find out a little more about this budding actor, model and chartered accountant and give her your support so we can collectively shine an even brighter spotlight on human trafficking.

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Finali Galaiya

Tell us a bit about your background?

Born in Kenya; Indian by ethnicity; British by curriculum; and International by choice. I am a global citizen! It is my mission to help change the lives of those in need.

What currently occupies most of your time?

I am a chartered accountant in the making, I act in television adverts and runway shows, as well as doing voice overs – that makes me the complete package of an actor, model and voice over artist. Guys, this beauty has brains! But that’s not all… By joining hands with HAART and other organisations I am focused on giving back to the world. Saving just one person means the world to me since their world has been snatched away and they have been deprived of their basic human rights.

How did you become interested in human trafficking?

I think I have always been interested in human trafficking. I was very fond of the African-American slave abolitionist Harriet Tubman when we learned about her back in school. It was inspiring how she, a slave herself, helped several others to gain freedom! However, one incident – perhaps the incident that changed my life – is when I met someone caught in the web of human trafficking. A girl, about my age… I was very young back then, still in school, and I couldn’t help her. But today life has given me the opportunity to help others like her and I am not going to take this for granted!

Why is human trafficking such an important cause for you and for the world?

A lot of people think of human trafficking as a thing of the past, but it clearly isn’t! It’s one of the fastest growing criminal networks and it’s a shame how most people ignore it. Many people are just ignorant while others think it’s none of their business. But people need to make human trafficking their business. Speak about it!  Create awareness. If you can’t do something about it, let us know, let the government and other organisations know! But do not sit back, helplessly thinking: ‘What can I do?’.

What would you like to see happen in relation to human trafficking in the world?

I would like to see more support from the general public, from people like me and you! But also more government support and initiatives, especially when it comes to rescue operations. I wish the people behind these disgusting human trafficking chains would realise that people’s lives are not for sale or use! We need to look at others as human beings and not things.

If you win the Miss Attitude East Africa 2016 Pageant, what would you like to use your status to achieve?

Winning Miss Attitude would mean I would have a platform through which I would be able to create awareness about human trafficking. I would love to be able to inspire people to take initiative and do something about this issue!

Okay, tell us some fun things about you. What is your favourite food?

I am a vegetarian. I love food, all types of food, be it Indian, Chinese, English, Italian. While I’m in love with eating, I love chocolate the most!  I have a sweet tooth and splurge on chocolates and ice cream all the time – I think I have a very childlike quality when it comes to food!

What’s your favourite ice cream flavour?

Chocolate, I love dark chocolate ice cream! It’s bitter and it’s sweet at the same time – that makes it perfect! Besides which, they say dark chocolate is healthy…

What is your favourite animal?

I love the elephant and the panda. I think I am very similar to both…I believe every animal should be loved and treated properly (that includes humans!).

Update: Finali has since this article won both the Miss Attitude East Africa 2016 and the Miss India Worldwide Kenya 2016!