BY IKUTEYIJO LANRE OLUSEGUN OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA LIFE ACROSS THE BORDER WORKSHOP WITWATERSRAND UNIVERITY SOUTH AFRICA 8 TH OCTOBER, 2014 Between Prosecutors and Counsellors: State and Non-State Actors in the Rehabilitation of Victims of Human Trafficking in Nigeria

INTRODUCTION Migration in Nigeria has been described as multi- dimensional Many Nigerians resorted to migration as a panacea to resolving a myriad of socio-economic challenges Nigeria constitutes a major source, transit and destination for trafficked victims. Nigeria is a demographic and economic giant in Africa (???)

“Europe by Desert”

INTRO (CONT’D) Nigeria was the first African country to domesticate the Palermo Protocol. Establishment of legal and institutional framework This study examines the role of state and non-state actors in the rehabilitation of trafficked victims The two-edge swords of prosecution and counselling of victims also examined.

Data and Methods Primary data were generated from a larger study which examined the patterns and processes of irregular migration among Nigerian youths. In-depth interviews with relevant state and non-state agencies. Critical issues relating to the management of human trafficking and other forms of irregular migration in the country addressed. Data analysed thematically Secondary data also utilised

Brief review of literature Literature review following the themes: Human trafficking in Africa National frameworks for managing migration in Nigeria. Migration and gender Socio-cultural factors influencing human trafficking State apparatuses in the management of human trafficking in Nigeria in the pre-Palermo era

Findings and results NIS and migration management -statutory body saddled with the management of migration in Nigeria. -extracted from the Nigerian Police Force (NPF) in bilateral and multilateral agreements with many destination countries regarding the deportation of Nigerians. -faces a number of challenges including:

Findings (cont’d) Numerous unmanned borders. Connivance between smugglers and some corrupt migration officials. organized criminal networks in the smuggling of irregular migrants is a sensitive and controversial issue lack of motivation of immigration officers problems associated with the issuance of the new biometric passports loopholes in the Immigration Act

Findings (NAPTIP) established by Section 1 (1) of the Trafficking in Persons (Prohibition) and Administration Act, 2003 focal Agency in the fight against human trafficking and child labour in Nigeria mandated to investigate, arrest and prosecute suspects of human trafficking; counsel and rehabilitate victims of human trafficking arrests have been made but corresponding numbers of prosecution have not been recorded

Findings ( challenges of NAPTIP) Lack of support from victims and their families enormous amount needed to rehabilitate a victim of trafficking trust syndrome Changing trends in trafficking Combination of dual roles of counselling and prosecution of traffickers by NAPTIP

Findings (WOTCLEF and IDIA) Both are non-state actors Both founded by wives of prominent politicians Engaged actively in anti-trafficking at local and national levels Successfully reintegrated deported victims of trafficking Funding is a major challenge Deliberate witch-hunting No political will

Discussion of findings Nigeria’s management of human trafficking continues to face considerable challenges on financial, legal, and political fronts. Non-state actors enjoy more trust from victims update of legislation on human trafficking Change in paradigm of treating victims fro criminal to human rights Age of victims/poor culture of record keeping Fall in status from Tier 1 to Tier 2 in the United States’ State Department 2012 Trafficking in Persons Report

Recommendations Efforts should be made to address a range of wider issues related to human trafficking Separate prosecution from counselling Non state actors handle counselling and rehabilitation Amendment of the TIP Act Rehabilitation above retribution Women empowerment programs

Conclusion There is need for a collective effort to curb human trafficking Human trafficking thrives on ignorance of victims Cherished social values like hard work, honesty and integrity should be emphasized Youth should be educated on legal migration options and the need for empowerment Coordinated efforts of CSOs Holistic policy response to human trafficking that balances a criminal justice approach with a human rights approach

THANK YOU! Acknowledgements The author recognizes the Center for International Governance Innovation (CIGI), Waterloo, Canada for generously supporting this research; Dr. Bonny Ibhawoh, McMaster University, Canada and Prof. Olabisi Aina, Obafemi Awolowo University, Nigeria for the conceptualization of this article.