Human trafficking patterns continue to evolve with traffickers increasingly expanding their modus operandi and using technology to recruit and deceive victims from within and beyond the ASEAN region.
Judges play a critical role in the response to trafficking in persons, determining the facts of a case, applying trafficking in persons laws and ensuring access to justice for victims of trafficking.
In a first for ASEAN, the Council of ASEAN Chief Justices (CACJ), with support from Australia through the ASEAN-Australia Counter Trafficking program (ASEAN-ACT), brought together senior judges from Indonesia and the Philippines to exchange knowledge and experience on trafficking in persons, with a dedicated focus on victim-sensitive adjudication.
This two-way knowledge exchange – of Philippines judges to Indonesia (25-27 July 2023) and Indonesia judges to the Philippines (19-21 September 2023), forms part of a pilot project endorsed during the 10th CACJ meeting in Kuala Lumpur 2022. As Co-Chairs of the Working Group on Judicial Education, Indonesia and the Philippines are exploring ways to enhance peer-to-peer learning across the ASEAN region on trafficking in persons, in alignment with the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP).
Philippines visit to Indonesia
During the first exchange in July 2023, 12 justices and judges from the Philippines were hosted by the Research and Development Agency for Legal and Judicial Training of the Supreme Court of the Republic of Indonesia, marking a significant milestone during Indonesia’s year as Chair of ASEAN.
Delegates discussed good practices and challenges related to access to restitution and compensation for victims of trafficking, special approaches for children involved in criminal proceedings, and victim-sensitive methods of testimony and cross examination. Philippines justices and judges also visited district and religious courts in Indonesia to see firsthand how courts are using technology to increase the accessibility of justice services for women, children and persons with disabilities.
Reflecting on the success of the exchange, Hon. Judge Bambang Hery Mulyono, Head of Indonesian Supreme Court Training Center said that:
"The ASEAN Judicial Knowledge Exchange Project has been a valuable experience, fostering a deeper understanding of the challenges we face in combating trafficking in persons. This collaborative effort has paved the way for stronger regional cooperation in delivering justice and support to victims."
Indonesia reciprocal visit to Philippines
During the reciprocal visit of 17 Indonesian judges to the Philippines in September 2023, discussions on access to justice for victims or trafficking were continued with the Philippines sharing their experiences of implementing child-friendly approaches through the family courts. Indonesian judges also had the opportunity to observe the Philippines Competency Enhancement Training provided to judges presiding over trafficking in persons matters.
Judges who participated in the exchange have already started to share their learnings with other judges and government officials. For example, Indonesian Judge Maulia Ine of Kediri Court District advocated for stronger collaboration between the judiciary and law enforcers working on trafficking in persons cases in her district, while Judge Adrian of Indramayu District Court promoted victim-sensitive approaches in the Indramayu court.
This initiative is a strong example of what can be achieved when two or more ASEAN Member States collaborate and share knowledge and expertise to address the collective challenge of combating human trafficking.
Download publication:
Compendium of Good Practices in Adjudicating Trafficking In Persons Cases in ASEAN Member States: Lessons Learned and Responses to Challenges
Framework for a Judicial Knowledge Exchange on Trafficking in Persons in ASEAN