ANNUAL REPORT JUSTICE AND CARE IS A PROJECT OF WMS

Transcription

1 ANNUAL REPORT JUSTICE AND CARE IS A PROJECT OF WMS

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3 ANNUAL REPORT ANNUAL REPORT

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5 CONTENTS Message from the CEO... 1 End to end approach... Key achievements in numbers... Highlights of the year... Breakthrough case study... Partnerships

6 MESSAGE FROM THE CEO Human Trafficking is a brutal and violent crime. It dehumanises and robs an individual of all worth. The last Crime in India report published in 2016 by the National Crime Records Bureau (NCRB) reported a nearly 25% rise in trafficking cases from the previous year. The report also attributed the rise to increased public awareness about human trafficking and more police training. This has resulted in more people coming forward to file a First Information Report and police teams that were better equipped to deal with the crime. Creating awareness and conducting trainings have been significant areas of involvement for our teams across India. Over the last year, we assisted law enforcement to save close to a 100 victims of trafficking and worked closely with over 700 survivors, providing the support they need to re-establish their lives through our comprehensive care and protection programmes. These include counselling, medical support, education and skills training. Partnerships and collaborations with the government and civil society organisations continue to govern our approach in bringing Justice and Care to those who are vulnerable and rescued. It is critical for us to create strong partnerships at various levels to truly see the scale of change required. To that end, we focussed on building capacity with various sections of law enforcement and the judiciary on human trafficking. We partnered India s Border Security Force (BSF) to run extensive training sessions with officers who patrol India s porous borders with Bangladesh, assisting them with systems and techniques to profile victims. We also conducted a study in partnership with the BSF that assessed the vulnerability of adolescent girls - prime targets for human traffickers - living in villages along the border. A partnership between Justice and Care and the BSF resulted in some successful border interventions. This meant that we were able to intervene before the children were sold and forced into prostitution. JUSTICE AND CARE YEAR IN REVIEW 2016/17

7 This year, we were appointed as a member of three key committees set up by the government to draft and monitor policy level interventions on child protection in India. We define systemic change as the institutional establishment of law, processes and procedures leading to replicable improvements in casework and empowerment of vulnerable individuals and communities in fighting human trafficking. A highlight of this year has been a landmark conviction against 39 perpetrators for buying and selling girls as young as 12-years-old and imprisoning them in brothels in the town of Ballari in Karnataka. The convicted were sentenced to 10 years of imprisonment apart from heavy individual fines. This is an outstanding sentence that sends a clear and strong message to traffickers to deter from buying and selling children and is proof that human trafficking is an organised crime. This victory is a model and testament to an excellent, result-focused collaboration between the institutions of the State like the Ballari police, the Department of Women and Child Development, Karnataka, and the public prosecutor and non-governmental organisations like Prajwala, Sanlaap and Justice and Care. I must also mention the relentless hard work of my team for the past three years to achieve justice and provide rehabilitation to the survivors. Such victories give us hope for the future for better days to come and a world that is free of slavery. Our teams have worked at getting compensation for 130 survivors of child labour through government processes. This helps instil a muchneeded sense of justice, reduces vulnerability to being re-trafficked, and promises to play a critical role in the recovery process. not only reintegrate trafficking survivors with their families and communities but also create an ecosystem that prevents traffickers from taking advantage of people s vulnerabilities. One of the ways we are creating that ecosystem is by designing programmes that help train survivors for larger skill development programmes in action. The thought was taken forward by designing a Foundation Course that gives survivors an opportunity to go through an aptitude assessment and life skills training. Today, 100 girls across shelter homes have completed this Foundation Course and are ready and confident to be trained in skills based on their competency. The training module proved to be a huge success with both the survivors and our partners embracing the process. We are honoured to have strong partnerships with the government, NGOs, businesses and communities, whose support has been crucial in our fight against human trafficking. I would like to thank our teams across the country that tirelessly put their lives on the line so that our survivors can see brighter days ahead. I look forward to continuing to create and strengthen the partnerships we have - at a state and community level - to foster collaboration and build into the momentum of truly making India safer for our children. Thank you, Joyita Ambett Chief Executive Officer As a result of nine years of operations, we have realised that it is critical that prevention and rehabilitation interventions run in tandem to 2

8 OUR MODEL END-TO-END APPROACH Continued support to the individual, leading to self-sustainability and independence Breaking the Cycle of Crime Spreading awareness amongst vulnerable communities; gathering information about missing persons Re-Integration Prevention (at risk) Integrated witness protection programme involving safe homes, local communities and partner organisations Protection SAVING LIVES Rescue & Prosecution Partnerships Systemic Change Partnering with Governments, criminal justice system, civil society organisations, businesses, and vulnerable communities to develop lasting solutions Assist the state to disrupt and dismantle criminal networks The institutional establishment of the law, processes and protocols at any governmental, ministry or agency leading to replicable improvement in grass roots casework JUSTICE AND CARE YEAR IN REVIEW 2016/17

9 KEY ACHIEVEMENTS * IN NUMBERS 99 Lives Saved 1768 Women and children directly under our care 145 Arrests made 46 Criminals convicted 1917 Survivor follow up visits conducted 79 Women and children safely repatriated home 60 Survivors provided educational support 1006 Individuals provided medical care in shelter homes 227 Survivors and individuals vulnerable to trafficking provided opportunities for employment 20 new NGO partnerships established to work together for protection of victims * The figures above correspond to work done between 1 April 2016 and 31 March

10 BALLARI: A LANDMARK HUMAN TRAFFICKING CONVICTION In August 2013, Justice and Care assisted the police in rescuing 43 girls and young women from a number of brothels in North Karnataka s Ballari town. The girls, some as young as 12 years, were taken away from their homes and imprisoned in the brothels. Forced to meet up to 12 so-called customers a day, they were tortured if they refused. The girls were denied basic essentials, and food and water were severely limited. As a result of investigations, the local police and Justice and Care unearthed an advanced criminal network in the area. This rescue was the first major intervention towards saving lives in the town. In a landmark decision in January 2017, the District and Sessions Court sentenced 39 of the total 87 accused to 10 years of rigorous imprisonment and fined each of them Rs. 2,47,000. The remaining 48 alleged accused that were also charged with selling girls are being tried in two separate cases. As a result of several interventions by the police, the trade is no longer active in the area. All brothels have been closed and the criminal network has been disrupted. No children are being trafficked and forced into prostitution in this area. Now safe from harm and making extremely good progress in their lives, the survivors have the constant support of our aftercare team. For the role we played in securing this path-breaking conviction, the government of Karnataka honoured Justice and Care, the Ballari police and the special public prosecutor in a ceremony organised on International Women s Day The programme was led by the Chief Minister and the Minister for Women and Child Development. JUSTICE AND CARE YEAR IN REVIEW 2016/17

11 HIGHLIGHTS OF THE YEAR Cooperation and teamwork at every step contributed to the success of this case in the court of law. Each stakeholder worked hard to ensure the perpetrators are punished for their crime. I appreciate the work of Justice and Care and the prosecutor involved in working on the case. Protecting our women from being trafficked is now a priority for us in the police force. S Rudramani, Ballari s Deputy Superintendent of Police at the time of the rescue, now Deputy Commissioner of Police, Crime, in Mysore 6

12 COMPENSATION FOR 130 SURVIVORS OF CHILD LABOUR Thanks to the efforts of the Justice and Care team, 130 survivors of child labour received compensation of Rs. 25,000 each, in Bihar. The children - rescued by the police and Justice and Care in early were trafficked to different parts of the country from their villages. An announcement made by Shri Nitish Kumar, the Chief Minister of Bihar on World Day Against Child Labour in June 2016 helped kick-start the process. In his announcement, the CM shared that a compensation of Rs. 25,000 will be provided to each survivor of child labour from the CM s Relief Fund. A prerequisite was to ensure names of children were entered into a purpose-built Child Labour Tracking System (CLTS) maintained by the Labour Superintendent at district level. From opening of bank accounts and facilitating data and document collection in order to update the CLTS to working with multiple stakeholders in government departments, following up with children, and working with their families to ensure retention in school, the team worked alongside each survivor until they received what was due to them. The compensation is like a dream come true for many children who have experienced unimaginable amounts of trauma and abuse. Available to the children after they turn 18, the money helps instil a much-needed sense of justice, reduces vulnerability to being retrafficked, and promises to play a critical role in the recovery process. We thank the CM and his government for launching this life-changing intervention. Justice and Care is making sure each child has a future that is bright and secure in every sense of the word. One of our lawyers involved in the process highlighted the fact that the right to compensation is a statutory right and one that has always been in the book of law. The difference, she said, lies in the fact that the team s efforts have made it possible for` survivors to take advantage of it. One survivor told me, I now know that there is a system to take care of us. JUSTICE AND CARE YEAR IN REVIEW 2016/17

13 POLICY THAT ENSURES OUR CHILDREN ARE SAFE AND PROTECTED Justice and Care was appointed as a member of three key bodies set up by the government to draft and monitor policy level interventions on child protection in India. These included the Juvenile Justice (JJ) Model Rules Committee set up by the Ministry of Women and Child Development to draft juvenile justice model rules in India, the JJ Rules Committees (Maharashtra and Karnataka) to draft rules customised to meet the needs of different states, and High Court JJ Committees (West Bengal and Maharashtra) instituted to monitor effective implementation of the JJ Act and its rules at ground level. These drafting and monitoring bodies were set up in partnership with experts from the sector, NGOs, and government stakeholders to make the drafting process an inclusive exercise. The objective was to create an effective piece of legislation and fill foreseeable gaps that the legislation might have, in an attempt to meet the needs of a child in need of care and protection and a child in conflict, in a holistic manner. During the last financial year, Justice and Care also initiated work with the Juvenile Justice Committees of Uttar Pradesh, Maharashtra and West Bengal on implementing Child Friendly Courts in these states. This step forward will improve the quality of evidence by making the child-victim s interface with the judicial process non-intimidating and supportive, while helping secure timely justice. The projects present an opportunity to usher in significant transformation at a systemic level in India and we are honoured to be appointed as a member of the bodies. 8

14 CAPACITY BUILDING PROGRAMMES ACROSS INDIA Justice and Care is focusing on partnering the State, judiciary, civil society and law-enforcement agencies in following and creating systems and policies that protect the interests of disadvantaged individuals and communities in urban and rural areas. Sessions conducted this year across India included: Convergence training for BSF and police on human trafficking and cross-border trafficking Child protection laws and schemes Safe Village Programmes - Training for Justice and Care implementing partners Police Training Modules - Invited by the Telangana Police to design an interactive training module that aims at sensitising and empowering newly appointed constables on Human Trafficking JJ Act, JJ rules (Juvenile Justice) and other legal procedures JUSTICE AND CARE YEAR IN REVIEW 2016/17

15 Strong partnerships between the police force and anti-human trafficking organisations such as Justice and Care, that are involved in tackling this complex issue, are critical in the fight against this crime. Dr. Soumya Mishra, IPS, IG, Criminal Investigation Department, Telangana Police sensitisation training on laws and practices related to human trafficking and trainings related to Operation Smile (Child labour rescues) Capacity building training on human trafficking, its prevention and role of vigilance committee and trainings with integrated child development services community workers in local communities Gender and human trafficking - Issues, challenges and management in disasters Human trafficking, missing persons, related legislations and rehabilitation training 10

16 TRANSFORMED SURVIVORS THAT ARE EMPOWERED VISIONARIES When we began Justice and Care, we found that there were very few employment opportunities and limited options for certified training available to survivors of sex trafficking. What was available was a job at a beauty salon or a tailoring unit. We questioned why there were just two kinds of roles available to our survivors when there were countless jobs obtainable in the marketplace. We worked on designing an aptitude assessment module taking into consideration what survivors aspired to do and be and to discover the skill-sets they have in order to make more informed decisions about their careers and future. To bridge the gap, we then designed the Foundation Course - Justice and Care s flagship programme - and a preparatory course to advocate inclusion of victims of trafficking to Skill Development Programmes within the country. We initiated the designing of the pioneering model along with two leading Skill Development organisations that are partners with the National Skill Development Corporation (NSDC). The initiative was launched at a rural shelter home where 27 young women underwent an aptitude assessment and life skills training over a period of two months. The aim was to not only assess their aptitude and skills but also help them develop a greater sense of self-awareness and promote positive socialisation. The programme resulted in 27 individual economic rehabilitation plans for each young woman. Since then, the programme has been initiated in Maharashtra, Karnataka, West Bengal and Delhi, catering to over 200 youth to prepare them for the Foundation Course, conduct aptitude tests, and initiate skill training. From absolutely low or no literacy levels, no access to education, no skilling opportunities, today 100 girls across the Child Care Institutions covered under the Juvenile Justice (Care and Protection of Children) Act, 2015 have completed the JUSTICE AND CARE YEAR IN REVIEW 2016/17

17 I am now doing well and very hopeful about my future because of what you have done for me. Thank you for giving direction to my life. Payal* 18, was orphaned as a child and rescued after she went missing in She has completed training courses in tailoring and retail. 12

18 16-year-old Tara who wants to run a successful business in Kolkata said, At home nobody is literate... give me so much homework that I can learn everything fast. JUSTICE AND CARE YEAR IN REVIEW 2016/17

19 Foundation Course and are ready to be skill trained. They are undergoing skill training with an aim to be a part of the ecosystem of training and placement, and overall vision of SKILL INDIA. Later during the year, our teams worked hard to launch an exciting pilot endeavour called the Skill Development Training Programme. Across the cities of Mumbai, Bengaluru and Kolkata, members of the Employment Creation team ran an immensely successful Foundation Course where participants were inducted into the course and trained in life skills, functional literacy, communicative skills and IT skills. The endeavour promises to support survivors in providing Government-certified skills training for them to be trained in domains that are relevant, leading to job placements or self-employment towards a secure future. We firmly believe that a robust skills development programme is an incredible weapon in the fight against human trafficking. When a survivor is financially secure - her vulnerability to being trafficked is greatly reduced; she has far more control over the future - and in quite of few of our cases - we have found that they have used their financial stability as a resource to prevent other girls from being trafficked, thereby turning into stellar champions. The girls who have completed the Foundation Course across four shelter homes in India are now empowered visionaries and transformed survivors. 14

20 BSF TRAININGS: CHANGING THE FACE OF TRAFFICKING ON THE INDO-BANGLADESH BORDER In collaboration with the Border Security Force (BSF), Justice and Care initiated a series of landmark trainings with the Force to sensitise them on the issue of cross-border trafficking. Representatives reviewed the current situation on the border from a trafficking perspective, examined how cases are being addressed, the assistance non-governmental organisations provide, studied the legal framework, and discussed challenges faced by the forces as they guard the border. As a remarkable outcome of the trainings, the team helped save the life of a young girl on this border. The case was unique not because it was referred to us by the BSF but because the Force accurately identified the case as one that involved trafficking and rescued her to safety. Together with the BSF, we ensured the girl was released and safely reunited with her family. She is now happily back at home and has returned to her previous job at a beauty parlour. Our training and continued relationship building with the BSF has led to a number of referrals, and we ve helped facilitate a structured multidisciplinary casework approach that ensures victim protection and prevention of trafficking. The organisation has also conducted exclusive research in partnership with the Faculty of Studies, BSF Academy on cross-border trafficking and safety along the Indo- Bangladesh border. The objectives of the study included measuring the prevalence of cross-border trafficking and mapping awareness levels and incidences of crime in vulnerable pockets in the area. JUSTICE AND CARE YEAR IN REVIEW 2016/17

21 For the Border Security Force guarding the Indo-Bangladesh border, the distinction between illegal migrants and victims of human trafficking was almost non-existent until That is when the BSF decided to join hands with Justice and Care not only to make its personnel aware of this distinction but also to understand the various nuances of this issue. Over the last two years, this synergy has given us better insight into the microdimensions of the process of trans-border human trafficking. The findings of the research will surely offer a better understanding to agencies working towards crime prevention in border areas. Such cooperation would certainly result in more comprehensive interventions. Mr. Aditya Mishra Former Inspector General, Border Security Force Additional Director General, Law and Order, Uttar Pradesh 16

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23 PROMOTING GENDER EQUALITY AT THE WORKPLACE In the anti-trafficking world, the area around supply chain management - from human resources to sourcing of raw material - is garnering attention across the globe. The Justice and Care team was involved in a path-breaking project promoting gender equality at the workplace. Carried out for the British High Commission, Foreign Commonwealth Office, and global textile giant Marks & Spencer (M&S), the project was aimed at facilitating and promoting an abuse and harassment-free work environment in the manufacturing supply chain of the garment industry in India. Turnkey services we provided included working on the launch of the project, a baseline study of the situation, workshops and training sessions, and the end line study, analysis and dissemination seminar to showcase findings. A central aspect of our role in this unique assignment was to also carry out meticulous interventions in two factories on prevention of sexual harassment in the M&S supply chain. The interventions used creative forms keeping the needs of the workers in mind. These included street theatre, art installations, comic books, workshops and training sessions. In an indicator of the success of the programme: Only 50% of workers knew what sexual harassment at the workplace meant before the interventions. The number increased to 91% post intervention While 41.6% shared that they were aware of the rights of the aggrieved initially; this rose to 75% by the end of the project At the beginning of the project only 55.8% workers shared that they could identify incidents of sexual harassment at the workplace. The figure rose to 85% when measured at the end of the interventions This project has positively impacted the lives of over 2000 factory workers in India. 18

24 HEALTHIER, HAPPIER AND STANDING TOGETHER In January 2015, in the biggest case of its kind in South Asia, 305 children were rescued from a number of bangle and leather factories in southern India. Most were around 13-yearsold, although some were as young as seven, and all were forced to work 16-hour days in dangerous conditions. The children were rescued by the police as part of a Ministry of Home Affairs (MHA) initiative called Operation Smile, aimed at locating India s missing children. When our team arrived at the factories with the police for the rescue, they found the conditions were appalling, with around 30 boys living together in each establishment. Each boy ended up thousands of miles away from home as a result of deception, with some taken from their homes on the promise of paid work and others kidnapped and taken to the factories. Our doctors found that many of the boys were suffering from anaemia and a vitamin A deficiency. Others had health problems JUSTICE AND CARE YEAR IN REVIEW 2016/17

25 ranging from skin infections, malaria and TB, to bone fractures and deformity. We assisted the Child Welfare Committee (CWC) and the State to ensure counselling and medical attention was provided, alongside conducting home investigations and repatriations. Over the course of two months, 303 were repatriated to 13 states across India, and two internationally. The largest single group, comprising of 93 boys, were from Bihar. 15 of the young boys who were rescued belonged to one of the most unprivileged and backward communities of this state. Their families - uneducated, landless agricultural labourers, most vulnerable to trafficking - were forced to live in isolated settlements in the village. The Justice and Care team continued to assist the State and CWC with each of these boys. When we started working with them, we were considered outsiders, at times even criminals. From lack of awareness regarding trafficking and child labour, high rates of unemployment and malnutrition, to poor access to government schemes and no rehabilitation mechanisms, the village was in much need of support and change. Through its work, the team helped establish 14 poultry and goatry units, enrolled the children into residential and government schools, organised medical camps and awareness programmes, formed anti-trafficking vigilance groups, and connected the community to government schemes. There has been a drastic turnaround in the attitude of the community and a relationship based on trust has been established with them. A village that is highly motivated and understands the need for education, envisioned men and women who run homebased enterprises, understand business, and earn an income, and young people who come together to be vigilant and prevent trafficking from their village. We see a community that is happier, healthier and standing together to create one beautiful, transformed village. 20

26 BREAKTHROUGH CASE STUDY In November 2009, Justice and Care assisted the police in rescuing three young girls from a town in Eastern India. Located off a major highway, this town serves as a critical transit point for national and international trafficking in women and children. Thanks to the team s efforts, in September 2014, two traffickers were sentenced to nine years of rigorous imprisonment and the brothel where the rescue took place in 2009, was sealed by the police. With a clear objective to make the town trafficking free, the team worked with law enforcement agencies to carry out a second intervention in July In a direct indicator of the scale of the trade, this time, 37 victims including 11 children were set free. Many of the victims, who had been in the brothels for up to three years, were found with burn marks and bruises on their bodies. The police arrested 17 during the operation and listed 22 alleged accused by the end of their investigation. The majority of the victims were trafficked to Eastern India from Bangladesh, on the promise of legitimate work, before being sold. As a result of the 2014 intervention and persistent follow-ups by the police, law enforcement authorities sealed four brothels in the town. Armed with inputs about resumption of sex trade and the illegal opening of sealed brothels in the town, earlier this year, Justice and Care assisted the police in carrying out a third intervention in the town, helping rescue 20 victims and arresting 13 alleged accused. 12 of the victims were minor girls, and the youngest, a 14-year-old, was forced to have sex with more than 15 men a day. WHAT WE FOUND One of the shocking and deeply upsetting aspects about the last intervention is the fact that the girls that were rescued bear signs of horrific physical and sexual abuse and suffer from a high degree of trauma. Our teams have not come across such vicious brutality in a long time. The morning after the rescue, one girl said, Thank you for bringing us out. Last night was the first in many months that I slept without any fear. JUSTICE AND CARE YEAR IN REVIEW 2016/17

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28 "Human Trafficking is the worst kind of exploitation by one human being of another human being. It is the scourge of humanity and needs to be eradicated. People working to eradicate it are angels of God. Over the past six to seven years, I have noticed that Justice and Care has really made a breakthrough in reducing the crime of trafficking of boys and girls, their rehabilitation, and most importantly, in bringing justice for them." Justice V M Kanade, Former Judge, Bombay High Court WHAT WE CONTINUE TO DO The team is working relentlessly to ensure each survivor rescued from this town receives support every step of the way, from counselling and medical attention to proper home investigations and repatriations. Since the rescue, our team has worked closely with the minor girls and ensured all are in touch with their families. Most from Bangladesh have been safely repatriated and others able to return home. In the last eight years, the team has helped bring freedom to 60 young girls from the town, assist in the arrest of 38 alleged accused, and ensure two traffickers receive sentences for their crime. The above interventions are examples of the consistent efforts of the team to liberate and support victims of human trafficking and fight against this injustice. We stand inspired to carry on the fight against this unspeakable injustice, one life at a time. JUSTICE AND CARE YEAR IN REVIEW 2016/17

29 OUR PARTNERS Involvements with partners from the State, judiciary and law enforcement agencies to follow and create systems and policies that protect the interests of trafficked victims and communities. Organisations, agencies and individuals that support and assist us by providing dedicated on-ground casework support in urban and rural areas across India. SYSTEMIC CHANGE PARTNERS CASEWORK PARTNERS We believe we can succeed in the fight against human trafficking only if we work together. Governments, NGOs, businesses, communities. All of us. We re grateful for the support of many organisations and individuals that make our work possible. INVESTING PARTNERS SCALE-UP PARTNERS Businesses that have partnered with us to support the work we do in tackling human trafficking and in breaking the cycle as well as the symptoms of the crime. Specialised partners that support and augment our efforts to empower survivors of human trafficking enabling them to become agents of change in their communities. 24

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32 Waste Management Society is registered as a charitable society under the provisions of Societies Registration Act, Registration number MAH 186/2002. It is also registered under the provisions of Maharashtra Public Trust Act, Registration number F 7098 (Y). Registered Address: 13 Ruikarwadi, Civil Lines, Yavatmal, Taluk & District, Yavatmal *All survivor names changed and stock images used to protect identities. For additional information, please write to info@justiceandcare.org