As cold abates and frost is retreating…spring is on it's way & winter seems to be fleeting! The sun is shining bright…days are getting longer and nights are now less cold. Thanks to the daylight savings – we are now enjoying evening shadows laced with gold. (hmmm...that was good rhyming!)
Spring seems like the beginning of new life and rebirth - the trees are beginning to have green leaves and bluebells, daisies, sweet pies are finally budding! As grass has started to grow – it'll soon be lush green; the birds seem so joyful and are delightfully chirping. The wind whispering and swirling presents the sweet melody of spring! And here I am welcoming spring with open arms…embracing it tight…this is the time when the world wakes up to everything so bright and beautiful – it is life full of colour!
Just realized how we fellows have successfully finished over 6 months of our fellowship and are now all geared up for the second half. This truly has been a lifetime experience! In life things are constantly changing and growing, and as humans we are constantly learning.
Last week, I attended a special session organized by the Justice Department in an effort to understand the steps being taken by non-profit community and private attorneys to find out best options and seek justice for the trafficking victims in United States. To me this topic was of particular interest since I have personally assisted trafficking victims in the prosecution process and also experimented with innovative concepts like mock trails for the trafficked victims, which help prepare the victims for the challenging court ordeals. To be honest – for a victim to file a case against the perpetrator/exploiter is not very easy. They are so traumatized having undergone years of abuse that they fear taking any action against the abusers. Post rescue psychological issues that victims have to deal with make it more difficult for them to handle pressure. I personally have witnessed many cases where some victims manage to escape from exploitative situations but find it extremely difficult to concentrate on anything, sleep well; even eat properly and in such a situation testifying against their exploiter is not an easy task. It needs tremendous will power and counselling for a long time and justice seems like a far away dream.
I heard some wonderful speakers like Robert J. Moossy Jr. - Director, Human Trafficking Prosecution Unit, Civil Rights Division, Criminal Section - U.S. DOJ; Martina E. Vandenberg – Attorney, Jenner & Block LLP and Rena E. Cutlip – Mason – Director of Legal Services, Tahirih Justice Center who shared their expertise and views on the issue. Mr. Moossy called the past 7 years, staring from year 2000 as the years of entirely new prosecution efforts in relation to cases of human trafficking. He also claimed that never before NGOs were seen working so closely with State prosecution in United States. He also spoke about the increase in number of open investigations and a three-fold increase since establishing the Trafficking in Persons and Worker Exploitation Task Force toll-free complaint line in February 2000. He stressed on the need to build capacity of NGOs and law enforcement together to work in tandem and help the victims to testify in the court. "If the victims don't testify, the perpetrators get easy acquittal."
Ms. Vandenberg emphasized that since the amendment of TVPA in year 2003, civil law suits have existed but there are still shockingly low number of cases coming for lawsuit of trafficking victims. As a lawyer she also stressed on trafficking cases being very tricky & not easy to handle. In many cases, it has been seen that there is familial relationship between the trafficker and the trafficked. Also, unfortunately she pointed out lack of communication between NGOs & attorneys. She spoke about the mandatory restitution orders. Even though, the orders exist, till date only 7% restitution orders have been enforced in the United States. "The reality is that the victims may never see their money." She quoted an amount of $25 billion lying under uncollected restitution orders.
Ms. Mason spoke about Tahirih Justice Center as an organization providing free legal representation to immigrant women & girls fleeing gender based violence. Tahirih's legal representation primarily encompasses 4 areas of Immigration law – gender based asylum, provisions under the Violence Against Women's Act (VAWA petitions); and provisions under the Victims of Violence and Trafficking Protection Act (U Visa, T Visa). Following this, Tahirih also offers family law assistance and social and medical referrals to the victims.
This truly was an enlightening session on the prosecution process for trafficking victims in United States. I couldn't get my mind off the prosecution dilemmas the victims face in India or any other part of the globe. I wish and hope that everyone gets to enjoy the spring of justice in their lives and we thrive in a world where there is no hatred, no discrimination, no injustice and no exploitation.
1 comment:
Dear Vithika,
Great to know that you are enjoying the nature even as you are fully involved in public service. As Aristotyle said, pleasure in the job puts perfection in work.
The conviction of traffickers is indeed a great achievement. We also had excellent results in India as an impact of our Project. So far more than 40 persons have ben convicted in 2 years time, and no victim has been victimized either. All said and done, more done than sais is good. We got these results by sustained work, even with judiciary, and by undertaking new ventures like "mock trial" for victim / witnesses.
Best wishes and warm regards,
Dr. P.M.Nair IPS
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