AICHR-SOMTC to develop regional guideline on the non-punishment principle for victims of Trafficking in Persons

TANGERANG, 4 September 2024 – The ASEAN Intergovernmental Commission on Human Rights (AICHR) and Senior Official Meeting on Transnational Crime (SOMTC) co-organised the Validation Workshop on the Development of Regional Guideline on the Non-Punishment Principle for Victims of Trafficking in Persons (TIP) in ASEAN on 2-3 September.

The workshop, held in Tangerang, Indonesia, aimed to gather feedback from stakeholders, practitioners, and ASEAN sectoral bodies on the draft of regional guideline for implementing the non-punishment principle for victims of TIP in ASEAN Member States (AMS).

The workshop acted as a follow-up from the Consultation to Share Best Practices and Challenges in Implementing Non-Punishment Principles in the Anti-TIP Laws, Policies and Practices of ASEAN Member States which took place in June 2024 in Bali. It was an implementation of the ASEAN Multi-Sectoral Work Plan Against Trafficking in Persons 2023-2028 and AICHR Five-Year Work Plan 2021-2025, and the realisation of the ASEAN Convention against Trafficking in Persons, especially Women and Children (ACTIP).

Highlighting the importance of taking a human rights approach to counter TIP, Wahyuningrum, Representative of Indonesia to AICHR, said that the non-punishment principle is a concept in human rights and criminal law that ensures victims, particularly those of human trafficking and exploitation, are not prosecuted or penalised for unlawful acts they were compelled to commit as a result of their victimisation.

Moreover, Assistant Secretary Lilian M. de Leon, Representative of SOMTC Philippines and Lead Shepherd on TIP, said that the non-punishment principle is a cornerstone in ensuring that victims are treated with dignity and respect and that they are not further victimised by the legal and administrative processes. During the workshop, Assistant Director Ronaldo C. Cusi also served as co-chair on behalf of SOMTC Philippines.

More than 50 participants representing AICHR, SOMTC, and Task Forces to counter-trafficking in persons in AMS, civil society organisations, and international organisations, attended the workshop and provided inputs to the draft of the regional guideline on the non-punishment principle for victims of TIP.

They discussed applying the non-punishment principle in victims’ screening and identification; when victims are on trial; when victims have been convicted; and monitoring the implementation of the non-punishment principle in TIP.

The consultation is initiated by AICHR Indonesia and SOMTC Philippines in partnership with the Ministry of Foreign Affairs of Indonesia, supported by the Australian Government funded ASEAN-Australia Counter Trafficking programme (ASEAN-ACT).