The Evacuation of Human Trafficking Victims from Kuwait during Covid-19 Crisis of 2020 in the Light of the Protocol to prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime
Dr. Nada Y. Al Duaij and Dr. Essa H. Al Enizi
Assistant Professors of International Public Law – College of Law – University of Kuwait
Abstract:
This study examines the rights of victims of human trafficking to be evacuated, upon discovering the crime they have been victimized by and attempting to guarantee their rights. When it comes to human protection, the state’s sovereignty becomes limited, including the protection against human trafficking. The state does not have the right to deport victims of human trafficking unless their rights are guaranteed such as ensuring that legal procedure are being taken against criminals, their right to compensation is guaranteed, and that the evacuation is not enforced upon them or threatens their safety. The country of origin, to which the victims belong, should play a role toward citizens or permanent residents who have been victims to human trafficking, as the protocol obliges returning them home without any unreasonable delay, while taking into consideration the victims’ safety.
The study illustrates the international responsibility of the state that violates the obligations provides by the protocol, and consequently, their duty to repair damages through restitution, compensation or satisfaction.
Finally, the study proposes several recommendations, the adoption of which may minimise the side effects of COVID-19 crisis against one of the most vulnerable humans (victims of human trafficking), and may expedite their evacuation, without any negligence to their safety or their rights as victims.
Keywords: human trafficking, responsibility for human trafficking, evacuation of victims of human trafficking, responsibility of the country of origin, residency merchants.