BYIKUTEYIJO LANRE OLUSEGUN

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

LIFE ACROSS THE BORDER WORKSHOPWITWATERSRAND UNIVERITY

SOUTH AFRICA

8TH OCTOBER, 2014

Between Prosecutors and Counsellors: State and Non-State

Actors in the Rehabilitation of Victims of Human Trafficking in

Nigeria

INTRODUCTION

Migration in Nigeria has been described as multi-dimensional

Many Nigerians resorted to migration as a panacea to resolving a myriad of socio-economic challenges

Nigeria constitutes a major source, transit and destination for trafficked victims.

Nigeria is a demographic and economic giant in Africa (???)

“Europe by Desert”

INTRO (CONT’D)

Nigeria was the first African country to domesticate the Palermo Protocol.

Establishment of legal and institutional framework

This study examines the role of state and non-state actors in the rehabilitation of trafficked victims

The two-edge swords of prosecution and counselling of victims also examined.

Data and Methods

Primary data were generated from a larger study which examined the patterns and processes of irregular migration among Nigerian youths.

In-depth interviews with relevant state and non-state agencies.

Critical issues relating to the management of human trafficking and other forms of irregular migration in the country addressed.

Data analysed thematicallySecondary data also utilised

Brief review of literature

Literature review following the themes:Human trafficking in AfricaNational frameworks for managing migration in Nigeria.Migration and genderSocio-cultural factors influencing human traffickingState apparatuses in the management of human trafficking in Nigeria in the pre-Palermo era

Findings and results

NIS and migration management-statutory body saddled with the management

of migration in Nigeria .-extracted from the Nigerian Police Force

(NPF) in 1958-bilateral and multilateral agreements with

many destination countries regarding the deportation of Nigerians.

-faces a number of challenges including:

Findings (cont’d)

Numerous unmanned borders.Connivance between smugglers and some

corrupt migration officials.organized criminal networks in the

smuggling of irregular migrants is a sensitive and controversial issue

lack of motivation of immigration officersproblems associated with the issuance of the

new biometric passports loopholes in the Immigration Act

Findings (NAPTIP)

established by Section 1 (1) of the Trafficking in Persons (Prohibition) and Administration Act, 2003

focal Agency in the fight against human trafficking and child labour in Nigeria

mandated to investigate, arrest and prosecute suspects of human trafficking; counsel and rehabilitate victims of human trafficking

arrests have been made but corresponding numbers of prosecution have not been recorded

Findings ( challenges of NAPTIP)

Lack of support from victims and their families

enormous amount needed to rehabilitate a victim of trafficking

trust syndromeChanging trends in traffickingCombination of dual roles of counselling and

prosecution of traffickers by NAPTIP

Findings (WOTCLEF and IDIA)

Both are non-state actorsBoth founded by wives of prominent

politiciansEngaged actively in anti-trafficking at local

and national levelsSuccessfully reintegrated deported victims of

traffickingFunding is a major challengeDeliberate witch-hunting No political will

Discussion of findings

Nigeria’s management of human trafficking continues to face considerable challenges on financial, legal, and political fronts.

Non-state actors enjoy more trust from victimsupdate of legislation on human traffickingChange in paradigm of treating victims fro

criminal to human rightsAge of victims/poor culture of record keepingFall in status from Tier 1 to Tier 2 in the United

States’ State Department 2012 Trafficking in Persons Report

Recommendations

Efforts should be made to address a range of wider issues related to human trafficking

Separate prosecution from counsellingNon state actors handle counselling and

rehabilitationAmendment of the TIP ActRehabilitation above retributionWomen empowerment programs

Conclusion

There is need for a collective effort to curb human trafficking

Human trafficking thrives on ignorance of victimsCherished social values like hard work, honesty

and integrity should be emphasizedYouth should be educated on legal migration

options and the need for empowermentCoordinated efforts of CSOsHolistic policy response to human trafficking that

balances a criminal justice approach with a human rights approach

THANK YOU!

AcknowledgementsThe author recognizes the Center for International

Governance Innovation (CIGI), Waterloo, Canada for generously supporting this research; Dr. Bonny Ibhawoh,

McMaster University, Canada and Prof. Olabisi Aina, Obafemi Awolowo University, Nigeria for the

conceptualization of this article.