Regional Victim/Witness Protection Protocol to Combat Trafficking, Commercial Exploitation and Sexual Abuse of Women and Children in South Asia

The Protocol aims to establish norms for Victim Witness Protection commonly acceptable in the region. The Protocol recognizes that incidents of violence against women and children, including trafficking, have considerably increased in the last decade in South Asia. Few cases are reported to law enforcement agencies, and even fewer reach the trial stage. One of the main reasons for the low rates of complaints and convictions is the reluctance of victims to come forward in filing complaints against those who have violated their rights or to testify in court for fear of humiliation and threat to their own life and property or that of their families. The Protocol emphasizes the need for strong legal instruments for the protection of victim witnesses. Women and children who are victims of crime are uniquely vulnerable to threats and intimidation, far more so than the average witness. Their human rights are violated both in the course of the crimes committed against them and in their subsequent persecution by their assailants when they attempt to do their duty as citizens and testify. The Protocol aims to protect and safeguard the rights of women and children victims and witnesses of trafficking and commercial exploitation and sexual abuse against intimidation, retaliation, and secondary victimization. It recommends specific measures to be taken by the State and wherever applicable in collaboration with non-governmental organizations to ensure justice and equity and the realization of victim/witness protection in all areas of life in the region of South Asia. The Protocol defines key terms, including Authority, Child, Child Sensitive, Court, Database, In-camera Proceedings, and Experts. It also outlines the objectives of the Protocol, which include recommending amendments to national legislations, attempting better interpretation and enforcement of laws, providing an advocacy tool for organizations and NGOs, creating an official support system for women and children within the police and court systems, facilitating bilateral agreements within the region, and initiating Public Interest Litigations. The Protocol emphasizes the importance of protecting the rights of women and children victims and witnesses of trafficking and commercial exploitation and sexual abuse. It recognizes that violence against witnesses is a violation of human rights and fundamental freedoms, which impairs or negates a woman's or child's enjoyment of recognized rights and freedoms. The Protocol aims to ensure that the rights, principles, and policies specified in the protocol are respected by and shall guide the actions of all persons, institutions, organizations, and enterprises in the region of South Asia. The Protocol recommends specific measures to be taken by the State and wherever applicable in collaboration with non-governmental organizations to protect and safeguard the rights of women and children victims and witnesses of trafficking and commercial exploitation and sexual abuse. These measures include providing an official support system for women and children within the police and court systems, facilitating bilateral agreements within the region, and initiating Public Interest Litigations. The Protocol also emphasizes the importance of cooperation and coordination among the countries in the region to combat trafficking, commercial exploitation, and sexual abuse of women and children. It recommends that the countries in the region establish a database to track missing children and women and to prevent trafficking or commercial exploitation or sexual abuse. The Protocol also recommends that the countries in the region establish in-camera proceedings to protect the rights of women and children victims and witnesses of trafficking and commercial exploitation and sexual abuse. Overall, the Regional Victim/Witness Protection Protocol to Combat Trafficking, Commercial Exploitation, and Sexual Abuse of Women and Children in South Asia aims to establish norms for Victim Witness Protection commonly acceptable in the region and to protect and safeguard the rights of women and children victims and witnesses of trafficking and commercial exploitation and sexual abuse.