A/HRC/41/46/Add.1
The main challenges identified by civil society organizations and survivors relate to
corruption; a lack of confidence in the judicial system; a lack of training on and specialized
knowledge of trafficking in persons among law enforcement officials, police departments,
judges and prosecutors; a lack of will to prosecute high-level perpetrators; and lengthy
judicial proceedings leading to delayed, and hence denied, justice.
63.
Coordination between the Agency and law enforcement officials should be
improved to ensure better synergies between investigators, prosecutors and counsellors at
the investigation phase, in order to tackle trafficking in a holistic manner. Better
coordination, including with regard to investigation and prosecution, should be ensured
between the Agency and state initiatives, such as the Edo State task force, to avoid
overlapping functions and maximize cooperation in the interest of the victims.
64.
Another major challenge is that investigation and prosecution still rely heavily on
the testimony of victims, often resulting in cases being dropped for lack of evidence and, in
some instances, pressure from family members to withdraw the complaint, especially when
they are operating in connivance with the traffickers. In 2011, the Evidence Act was reenacted and section 84 provides the option of producing electronic evidence in courts by,
for instance, video-linked interviews. That is a positive development that should be
encouraged, together with other ways of securing and corroborating evidence not requiring
the physical presence of a victim.
65.
Another promising initiative that the Special Rapporteur was pleased to learn about
is the Joint Border Task Force, a project that was initiated by the Government of the United
Kingdom in 2015, in cooperation with the National Agency for the Prohibition of
Trafficking in Persons, and is aimed at building the capacity of Nigerian law enforcement
officers in investigating and prosecuting traffickers, building confidence among crossborder law enforcement agencies and creating an environment conducive to joint
investigations. Through the experience of the Joint Border Task Force, the Special
Rapporteur was pleased to note that, when provided with the necessary equipment, funding
and training, investigators from the Agency could be credible and reliable interlocutors in
the fight against trafficking in persons.
66.
Notwithstanding those promising initiatives, the Special Rapporteur notes that the
Nigerian authorities and the general public continue to see trafficking as being exclusively
perpetrated for sexual exploitation. In addition, victims suffer from a lack of empathy,
especially those who started their journey voluntarily in search of a better life and became
exploited in transit and destination countries. The mere fact that they started their journey
voluntarily is often considered a free choice rather than the result of the sophisticated
modus operandi of organized crime networks.
67.
Furthermore, in the narratives of victims and survivors, the role of corrupt law
enforcement officers has often been highlighted. Special attention should be paid by the
investigative authorities to the possible involvement or collusion of public officials with
trafficking rings.
68.
Access to justice for victims of trafficking has been fraught with challenges. The
establishment of the Victims of Trafficking Trust Fund is a welcome step; however, 10
years after its establishment, it is time that the Fund is effectively implemented and funded
for the benefits of victims. Throughout her discussions with various stakeholders, the
Special Rapporteur did not receive any information on compensation being awarded so far
to victims of trafficking.
F.
Prevention
69.
Prevention of trafficking in persons was identified as one of the main priorities
during the visit. For strategies aimed at preventing trafficking the factors that increase
vulnerability to trafficking, including displacement, economic and gender inequality,
poverty and unemployment, should be analysed. For instance, during her discussions with
communities, faith-based organizations, civil society and local academics, the Special
Rapporteur was informed that in many communities and ethnic groups in Edo State,
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