东盟关于实施保护人口贩运受害者不受惩罚原则的准则（英）-2025_106页_4mb

Summary of the ASEAN Guideline on the Implementation of the Non-Punishment Principle for Protection of Victims of Trafficking in Persons

Introduction: The guideline outlines the implementation of the non-punishment principle, a principle recognized in the ASEAN Convention against Trafficking in Persons, Especially Women and Children (ACTIP), Article 14(7). This principle ensures victims of trafficking are not held criminally or administratively liable for unlawful acts committed as a direct result of their trafficking.

Definition and Purpose: The non-punishment principle states that victims should not be punished for unlawful activities committed due to trafficking exploitation. Its purpose is to protect victims' rights, facilitate recovery and prosecution of traffickers, and align with human rights norms. Trafficking can involve exploitative forms such as forced criminality, labor, or services.

Why Important: The principle prevents secondary victimization. When victims are punished, it undermines their trust in authorities and deters cooperation in trafficking investigations. Effective implementation upholds human rights and supports justice.

Scope and Application: The principle applies to:

• All victims, regardless of age, gender, or type of trafficking.
• All unlawful activities directly related to trafficking (criminal, civil, administrative, or immigration offenses).
• All stages of criminal justice (preliminary screening, trials, conviction).
  Discussions reference two models: the compulsion/duress model (if victims were coerced) and the causation model (if acts are a direct result of trafficking). Specific cases include migration status, organ removal, business exploitation, and children involved in trafficking.

Implementation Steps: Implementation involves:

1. Strengthening Legislation: Enacting explicit non-punishment provisions, broadening trafficking definitions, and ensuring clear defenses.
2. Screening and Identification: Training officials to identify victims, applying presumptions of victimhood, and establishing referral mechanisms.
3. Prosecutorial and Judicial Practices: Providing capacity building for prosecutors and judges to handle cases involving the non-punishment principle.
4. Sentence Mitigation and Remedies: Vacating, expunging, or sealing criminal records for convicted victims.
5. Monitoring and Reporting: Tracking implementation, collecting data, and utilizing multi-stakeholder monitoring to improve adherence and accountability.

Challenges and Considerations: The principle guards against subtle forms of coercion (e.g., abuse of position of vulnerability). All regional ASEAN legislation and relevant bilateral agreements should explicitly implement the principle.

Conclusion: The application of the non-punishment principle is vital to ensure victim protection, support recovery, and disrupt trafficking networks. The guideline requires collaborative efforts between states, agencies, civil society, and international cooperation for comprehensive implementation.