A/HRC/20/18
46.
Working at the forefront and on the ground, victim support agencies will often be
the first to come into contact with trafficked persons; they thus serve a fundamental
function by referring victims to the appropriate authorities for assistance, helping to file
complaints and reporting illegal activity to law enforcement. Moreover, in States where
resources may be limited for anti-trafficking programmes, such agencies can provide
valuable support by operating shelters, giving free legal assistance or offering medical or
psychological care. Even where resources are abundant, the provision of assistance by
victim support agencies remains invaluable, because victims may be more likely to trust a
non-governmental organization than criminal justice agencies.
47.
Partnerships may suffer, however, if there is a lack of trust between criminal justice
agencies and victim support agencies, in particular if those supporting victims are not
provided adequate funding, not trusted to participate in legal processes, or excluded from
anti-trafficking efforts. Where such relationships are properly developed, however, the
results can be very fruitful.
48.
It should also be acknowledged, however, that there are limits to the services that
victim support agencies may be able to provide. States remain responsible for ensuring the
well-being of victims, and it is important that they are cognizant of the mandates, resources
and capacity of non-governmental organizations and victim service providers to administer
necessary assistance to victims.
49.
The conclusion of memorandums of understanding laying out cooperation
mechanisms and delineating roles and responsibilities between criminal justice agencies
and victim service agencies has been one way to foster understanding and increase
communication. 59 Various provinces in Thailand have adopted internal memorandums
signed by Government officials, the Royal Thai Police and victim support agencies. The
memorandums clarify the roles and responsibilities of each entity, elucidate working
principles and definitions, and are intended to introduce systems to improve the working
relationship between the parties. 60 In the Republic of Moldova, a memorandum of
understanding was signed by the Ministry of Internal Affairs, the General Prosecutor’s
Office, the Ministry of Social Protection, IOM and a number of non-governmental
organizations and service providers. As a result, the organizations and other service
providers in the country offer an array of services for victims, including medical and legal
assistance, case monitoring, special assistance for children and services to help with reintegration, such as vocational training, employment counselling, grants for business
development and social welfare assistance. 61
50.
Even in the absence of formalized cooperation agreements, increased cooperation
can yield important results. For example, although no formal cooperation mechanisms exist
between non-governmental organizations and criminal justice agencies in Belarus, in recent
years there has been an increase in practical cooperation between them in providing
59
60
61
12
Nations Global Plan of Action to Combat Trafficking in Persons, General Assembly resolution
63/156 and Human Rights Council resolution 11/3.
See Task force against Trafficking in Human Beings, Model Memorandum of Understanding,
available from www.ungift.org/doc/knowledgehub/resourcecentre/CBSS_Model_Memorandum_of_Understanding.pdf.
International Covenant on Civil and Political Rights, paras. 25-26.
Submission by the Republic of Moldova, p. 15.
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