The landmark ASEAN Guidelines provides comprehensive, practical guidance for ASEAN Member States on implementing the non-punishment principle, which ensures that victims of trafficking in persons are not penalised for unlawful acts committed as a direct result of their trafficking experience.
The guidelines provides a definition of what the non-punishment principle entails, emphasising its importance in fostering a victim-centred, rights-based approach to combating trafficking. It outlines why safeguarding victims from criminalisation is essential for encouraging victims to come forward, cooperate with authorities, and access essential support services, thereby enhancing overall efforts to combat trafficking effectively.
Developed collaboratively by the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC) and the ASEAN Intergovernmental Commission on Human Rights (AICHR), and supported by the Australian Government funded ASEAN-Australia Counter Trafficking program, the Guidelines reflects ASEAN’s commitment to a victim-centered, rights-based approach to combating trafficking.
Key features include:
- Legal and policy frameworks for upholding the non-punishment principle
- Practical guidance for law enforcement, prosecutors, judges, and frontline officials handling trafficking cases
- Strategies for effective screening, identification, and safeguarding of victims' rights throughout the criminal justice process
- Recommendations for legislative reform, capacity building, and cross-border cooperation
- Monitoring and reporting mechanisms to ensure accountability and continuous improvement
The Guidelines is a vital tool for governments, civil society, and other practitioners working to protect victims, uphold human rights, and strengthen justice systems across the region.
Download PDF (English) Adopted 27 May 2025
Download unofficial translation: Bahasa Indonesia, Thai, Burmese, Vietnamese, Khmer, Lao
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