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Access to compensation: from theory to practice

August 11, 2023

Under the ASEAN Convention Against Trafficking in Persons, Especially Women and Children, ASEAN Member States must ensure that mechanisms exist for victims of trafficking to seek compensation for the damages and losses they have suffered as a result of being exploited. Additionally, providing compensation to victims is crucial to their long-term recovery and reintegration into society.

Unfortunately, in most cases, payment of compensation or restitution is dependent on the outcome of a criminal or civil case. Even when compensation is ordered, victims often do not receive funds due to defendant’s incapacity to pay or the failure of the State to identify and confiscate any assets resulting from the proceeds of the crime.

Even though the ACTIP obligates ASEAN member states to allocate funds or establish national trust funds for the care and support of victims, seeking and accessing compensation remains a substantial challenge in the region. Availability of channels to seek compensation does not necessarily mean it is easily accessible.

This webinar showcased compensation systems that work in practice and result in substantive outcomes for victims. The challenges faced by justice agencies and victim rights advocates in implementing laws and policies on compensation were discussed, how some of these challenges can be overcome at a practical level.

 

Presentation by Ministry of Social Development and Human Security, Thailand

Presentation by Witness and Victim Protection Agency, Indonesia

Presentation by Anti-Slavery Australia

 

For more information about this webinar, contact info@aseanact.org

Speakers

  • Mr Rachapol Maneelek, Department of Anti-Trafficking in Persons, Ministry of Social Development and Human Security, Thailand
  • Dr. (Iur). Antonius P.S. Wibowo, S.H., M.H., Witness and Victim Protection Agency (LPSK), Indonesia.
  • Prof Jennifer Burn AM, Director of Anti-Slavery Australia, Faculty of Law, University of Technology Sydney, Australia