As the crime of human trafficking has evolved, so too have our efforts to prevent, prosecute and protect victims, particularly vulnerable groups such as women and children. Despite these efforts, the nexus between trafficking in persons and disability remains poorly documented and less understood.
Disability and trafficking intersect in two main ways – persons with disabilities may become victims of trafficking, or victims may acquire a disability as a result of being trafficked.
The World Health Organisation estimates that there are 1.3 billion people around the world who experience significant disability.
Persons with disabilities encounter substantial and persistent barriers in accessing transport, information and communication, education, employment, and political representation.
Not only do these factors place persons with disabilities at greater risk of marginalisation, but such adversities also increase their vulnerabilities to trafficking.
At the same time, victims of trafficking — who typically experience severe physical and/or psychological harm — may acquire a permanent impairment as a result of being trafficked, whether through physical injury or trauma and ongoing mental health conditions.
The United Nations Special Rapporteur on Trafficking in Persons, especially women and children, Professor Siobhan Mullaly has expressed concern that to date the intersection of disability and trafficking in persons has been neglected in international law, policy, and practice. And has highlighted inclusion as an urgent and critical counter-trafficking strategy.
Recognising this gap, Australia through the ASEAN-Australia Counter Trafficking program (ASEAN-ACT) commissioned a study with La Trobe University to better understand what makes persons with disabilities vulnerable to trafficking and exploitation, and the experiences of victims with disabilities in accessing justice, services, and support. This is the first study in Southeast Asia to document the lived experiences of victim-survivors with disabilities and the barriers they face in accessing justice and support.
In parallel, the Organization for Security and Co-operation in Europe (OSCE) undertook a study on the nexus between disabilities and trafficking in Europe, with a particular focus on the legal frameworks covering disability rights and trafficking in persons.
To discuss the findings and recommendations of the studies in Southeast Asia and Europe, and to mark the occasion of International Day of Persons with Disabilities (3 December), a ground-breaking international conference was convened, led by ASEAN sectoral bodies in Thailand* with support from ASEAN-ACT (6-7 December).
Over 200 participants took part in the conference online and in-person, bridging the gap between counter-trafficking champions and disability advocates – both government and non-government - representing the ASEAN region and beyond.
Discussions highlighted that physical and intellectual impairment does not automatically create vulnerability to human trafficking. Rather, it is the barriers people with impairment face in participating meaningfully in the economy and society more broadly that results in an experience of disability and related vulnerability to exploitation and abuse.
The conference was an opportunity for practitioners to share the existing legal frameworks, policies, and practices that promote human-rights based responses to trafficking in persons, including persons with disabilities. International law, including the UN Palermo Protocol, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities, was cited as a powerful tool to act against discrimination and exploitation of persons with disabilities. At the regional level, the ASEAN Enabling Masterplan, which was developed in close partnership with organisations of persons with disabilities and civil society was highlighted as an example of inclusive and evidence-based policy making.
At the national level, participants shared best practice examples in legislating for the protection and promotion of the rights of persons with disabilities and establishing government mechanisms enforcement, whether through a disability commission or other compliance mechanisms.
Participants also heard about some of the very practical and impactful steps that several ASEAN Member States have taken to make justice more accessible to persons with disabilities, including those who have been trafficked. Some of the examples include: using technology to expand reach and access to justice services, building the ‘disability literacy’ of duty bearers in the criminal justice and broader justice sector, and in ensuring rights to information, services and remedies are accessible to persons with disabilities.
The conference also illustrated how vital data is for decision making, resource allocation, budgeting, and program implementation. Currently, ASEAN Member States are not collecting credible, reliable and quality data on trafficking in persons with disabilities using the Washington Group questions. As one of the speakers pointed out – without this data, we cannot tell the story of trafficked persons with disabilities, and without this data we are unlikely to attract the required attention to address this issue.
Over the one and half day conference, many partnerships were formed across sectors. Conversations and connections between statisticians, policymakers, law enforcers and civil society - all with the aim of supporting and improving the inclusion, empowerment, and participation of persons with disabilities.
* The ASEAN Senior Officials Meeting on Social Welfare and Development (SOMSWD) Thailand and the ASEAN Intergovernmental Commission on Human Rights (AICHR) Thailand