A/HRC/20/18
80.
The Special Rapporteur notes that linking asset seizure to victim support is in line
with a rights-based approach to human trafficking. Recovered assets can be a key source of
funds when providing victims with compensation.103 The Special Rapporteur reminds States
that trafficking victims have a right to compensation for the harm committed against
them. 104 Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children provides that States parties legal
systems must take measures that offer the possibility of compensation to victims.105
81.
In some States, laws explicitly provide that restitution and compensation be made to
victims of trafficking out of the proceeds of assets seizure. In Cambodia, for example,
articles 46 and 47 of the Law on Suppression of Human Trafficking and Sexual
Exploitation afford victims “preference over property confiscated by the State” for the
payment of damages. Other schemes have been established to allow the direct transfer of
funds to victims; for example, in Nigeria, the Victim of Trafficking Trust Fund manages the
proceeds of confiscated assets for the welfare and rehabilitation of the victim. 106 In 2008, in
England and Wales (United Kingdom of Great Britain and Northern Ireland), in the matter
of AT v Dulghieru, the High Court awarded compensation of £611,000 to four trafficking
victims of the £786,000 that had been confiscated. 107
82.
A number of States have established funds for victims in which seized assets are
deposited; for example, in Egypt, article 27 of the Anti-Trafficking Law provides for the
creation of a fund to assist victims of human trafficking sourced from proceeds of
confiscated assets, fines and donations from foreign or national entities. Similarly, in
Lesotho, the Anti-Trafficking Act 2011 provides for assets to be forfeited and confiscated,
to be deposited in a trust fund for victims of trafficking.
83.
The Special Rapporteur notes that there are other instances where, despite laws
allowing for the seizure of assets, the proceeds of funds confiscated have reportedly failed
to be distributed to victims. For example, in Bosnia and Herzegovina, which has a
comprehensive anti-trafficking law,108 in a landmark case in 2009, a trafficking ringleader
was sentenced to 12 years in prison, fined $14,286, and over $204,600 in assets were
seized. There is, however, no evidence that these funds went to the victims. 109 Similarly, in
the Czech Republic, following the successful prosecution of eight gang members for
trafficking, the assets of the accused, estimated at more than $1.5 million, were seized.
Again, no evidence was found that the funds had been distributed to the victims.110
103
104
105
106
107
108
109
110
20
See UNODC, Model Law against Trafficking in Persons, available from
www.unodc.org/documents/humantrafficking/UNODC_Model_Law_on_Trafficking_in_Persons.pdf, and E/2002/68/Add.1, principle
16, guideline 4.4.
See A/HRC/17/35, paras. 28-39.
See also the Council of Europe Convention on Action against Trafficking in Human Beings.
See Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003, sects. 3538; and the submission by Nigeria, p. 7.
AT, NT, ML, AK v Gavril and Tamara Dulghieru, 2009, EWHC 225 (QB).
See Criminal Code of Bosnia and Herzegovina, art. 111, para. 2, and submission by Bosnia and
Herzegovina, p. 7.
United States Department of State, Trafficking in Persons Report 2010 (see footnote 66), Bosnia and
Herzegovina.
Tom Jones, “Police arrest gang for pimping and human trafficking”, Czech Position, 29 July 2011.
Available from www.ceskapozice.cz/en/news/society/police-arrest-gang-pimping-and-humantrafficking.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents