This archive report was first published on 2 July 2020.
Kenya's Human Trafficking Victims Face Double Trauma ¶
July 2, 2020 - Kenya's human trafficking victims are facing a double trauma as they are often rescued from one form of abuse only to be taken to police cells, where they are subjected to further trauma and anguish.
One such victim, Binsa, was rescued from an erotic bar in Mombasa in April 2019, along with 11 other women who had been trafficked from Nepal and India. They were forced to become mujra dancers to entertain male patrons who paid for services including sex against their will.
However, instead of being taken to a safe shelter, they were arrested and taken to Nyali Police Station, sparking outcry from NGOs such as the Awareness Against Human Trafficking (HAART) which sued the government for the gross violation of the victims' rights.
According to Judy Gitau, Regional Coordinator for Africa at Equality Now, police cells are often the immediate and available option for police when they rescue victims of human trafficking and related crimes.
"In cases where a child is defiled by the father, the police have had to keep such victims within the police station or in some instances in the cell. They cannot return them home. They have been forced to keep also women who have come in - in the cells," Gitau explained.
Gitau's statement highlights the need for Kenya to establish a solid legal framework to prioritize the provision of shelters for human trafficking victims. Currently, private rescue centers face procedural hurdles that lead to delays or even rejection of victims due to concerns of legal and safety implications.
As a signatory to anti-human trafficking international conventions, Kenya is obliged to provide 'appropriate shelter and other basic needs' as well as 'psychosocial support' to victims. However, the Counter-Trafficking in Persons Act 2010 has been criticized for its structural and procedural gaps that further violate the victims' rights and give perpetrators the leeway to escape justice.
The Act recommends 30 years of imprisonment and an option of paying a fine of Sh30 million, which some argue waters down the seriousness of the organized crime.
Kenya has been ranked in the second tier by the Global Trafficking in Persons Report since 2015 to 2020, meaning that it does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.
However, the dearth of state-run victim support services contributes to the poor ranking. The lack of adequate international cooperation in tracing the origin of trafficking syndicates with deep and far-reaching roots also hinders successful prosecution and conviction.
Director of Public Prosecutions Nordin Haji expressed fears that over-reliance on partner organizations to provide shelters to victims is a big impediment in trying to deal with human trafficking, especially the protection of victims.
"We tend to rely more on civil societies and other organizations like the United Nations. What we have seen in Kenya is a lot of people who are arrested are the victims themselves. The implication of taking the victims to a cell is traumatizing - it is basically removing them from one hard situation to another," Haji said.
