An overview of some practical aspects to consider when determining whether it might be possible to seek compensation in the civil courts of England and Wales for victims of child sexual abuse where the conduct occurred in Cambodia.
While most countries have laws in place to provide financial compensation for victims of crime, in practice these frameworks often fall short in their ability to guarantee human trafficking victims’ right to compensation and many victims seeking compensation face the challenge of burdensome eligibility requirements.The report offers recommendations for how jurisdictions can best address these issues to ensure access to compensation.
By: Liberty Shared and Clifford Chance
The hotel industry is inherently vulnerable to modern slavery due to the nature of the industry, the web of business relationships connected with each hotel and the consequent needs of each hotel, such as the need for a wide array of reasonably priced services, its seasonality, and labour supply. With the rise of modern slavery and supply chain transparency laws, the hotel industry can no longer look the other way and continue to operate without any accountability. This guide sets out practical solutions aimed at ensuring that a franchisee’s operations have the relevant safeguards in place to prevent human trafficking, forced labour and other forms of exploitation.
By: Liberty Shared and Orrick
The use of criminal defamation continues to intimidate workers seeking to enforce their rights, human rights defenders, local communities, whistleblowers and journalists in Southeast Asia particularly in the context of business-related activities. Reports on workers, human rights activists and journalists facing charges for allegedly defamaing big corporations span across different industries from poultry, fruit and vegetble export, mining and palm oil.
The report recommends governments to take measures keeping courts from being used against workers seeking to enforce their rights, human rights defenders seeking corporate accountability, by decriminalizing defamation and preventing large and powerful corporations to sue for civil defamation as well as enhancing defenses to civil defamation claims. The public interest is not best served by the use of criminal defamation laws and it also undermines the effective application of labor laws and anti-exploitation laws in protecting vulnerable people.
This White Paper looks at normative and legislative trends taken to address modern slavery ranging from the global to the national and state level. The paper also analyzes the impact of the current legislations on corporate disclosure and transparency and discusses how a patchwork of diverse legislations which differs from jurisdiction to jurisdiction in scope and application, and across different industries should lead to a development of a global standard.
By: Liberty Shared and Clifford Chance
Using the U.S. Tariff Act of 1930 to Combat Human Trafficking
This Briefing Paper examines recent amendments to the Section 307 of the Tariff Act of 1930 and its application in the context of human trafficking prevention. The paper specifically discusses how the Trade Facilitation and Trade Enforcement Act of 2015 expanded the Tariff Act’s potential to serve as a tool to deter and punish human trafficking.
By Ropes & Gray and Liberty Asia
Guidance Note on Use of Victims' Images
The guideline is intended to provide best practice and principles for the anti-trafficking sector to create awareness and teach about how and when images can be used. It is an effort to offer advice on how to ensure that the dignity and rights of victims and of those we are working to protect are respected. The document is a practical toolkit for everyone in the anti-trafficking sector and includes in its Annex a Proposed Form of Consent Letter, a Checklist of Key Guidelines, and an overview of the legal background.
By: BNP Paribas and Liberty Asia
Victim Identification Toolkit
The 2016 version of the Victim Identification Toolkit has been updated to reflect new statistics, trends and developments in Hong Kong based on the U.S. Department of State's Trafficking in Persons Report 2015. Furthermore, in light of recent labour violations case and the ongoing judicial review related to the government's failure to enact human trafficking laws in Hong Kong, the 2016 version also updates the "Government Response to Human Trafficking" section. Useful resources tailored for each actor involved in the victim identification process are added to Section 4 to assist front line responders. New checklists are included in Section 5 to provide additional interview techniques. In addition, Section 7 which lists out support service providers in Hong Kong is updated to provide up to date information, contact details and available services.
The UK Modern Slavery Act 2015
A briefing paper for companies on the Modern Slavery Act.
By: Latham & Watkins and Liberty Asia
Modern Slavery and Corruption - Briefing Paper
Modern Slavery and Corruption - Legal Analysis of Relevant Laws and Their Application
This Briefing Paper and the more comprehensive Legal Analysis examine the relationships between the occurrence of corruption, slavery and human trafficking; the prevailing law/regulations; various industry sectors, banking and finance; and law enforcement (both from a banking and securities enforcement perspective and more the familiar criminal enforcement.)
By: Liberty Asia, Ropes & Gray, MWE China Law Offices and the Freedom Fund
The UK Modern Slavery Act 2015: Implications for Asia
Legal Analysis of Human Trafficking in Hong Kong
Data Protection Guidelines
Erwiana: A case of modern slavery finding its way to justice
The accessibility of the CLEIC scheme to victims of human trafficking
From Every Angle: Using the law to combat human trafficking in Southeast Asia
Civil Remedies: Justice for Victims of Trafficking in Hong Kong
How many More Years a Slave? Trafficking for Forced Labour in Hong Kong
Summary of the UK Modern Slavery Act 2015 and its implications on corporates and NGOs and activists.
The Legal Gap Analysis of Hong Kong's anti-trafficking legislation seeks to offer a comprehensive insight into various areas of local law that are relevant to combating human traffikcing and modern slavery including how these laws fare with respect to Hong Kong's commitments or obligations under international conventions and agreements. Anti-money laundering and anti-corruption provisions that are relevant to human trafficking are also discussed.
By: Liberty Asia and Reed Smith Richards Butler
Data protection is often an overlooked issue in organisations that are constantly firefighting and supporting very vulnerable people with very limited resources. These Guidelines will clarify the protections available in the law and assist NGOs with protecting sensitive data to better serve their clients and, ultimately, strengthen the fight against slavery.
By: Liberty Asia and Reed Smith Richards Butler
The case of Erwiana Sulistyaningsih and HKSAR v Law Wang Tung
The paper examines the Criminal and Law Enforcement Injuries Compensation ("CLEIC") scheme which is available to provide compensation to victims of violent crimes in Hong Kong but inaccessible to victims of human trafficking. It then discusses how a state funded compensation scheme can provide one of the most accessible avenues for victims of trafficking seeking compensation.
The report highlights the range of offenses that can occur in a trafficking situation, such as assault, sexual violence, employment and immigration law breaches to enable more prosecutions and combat the culture of impunity for the traffickers and offenders. The aim of this report is to allow front-line NGOs engaged in legal service provision and lawyers representing victims of trafficking to get ceative about the way they pursue traffickers hence improving their chances of securing justice for victims.
By: Liberty Asia and Thomsom Reuters Foundation
This report provides a comprehensive overview of various civil remedies available under Hong Kong Law and comments on their applicability to trafficking victims. Remedies in contract, tort and pursuant to the Basic Law together with the eligibility criteria and judicial procedure(s) for each remedy are examined.
By: Liberty Asia and Hogan Lovells
A joint briefing between Justice Centre and Liberty Asia examining modern day slavery in Hong Kong and offering policy solutions provides clarity about the distinguishing features and overlaps between forced labour and human trafficking, with reference to international standards. It goes on to identify the gaps in existing legislation, which is currently failing to provide redress in cases of trafficking for forced labour and to prevent further abuses, is neglecting to prosecute traffickers and is not offering adequate protection to victims of trafficking for forced labour in the HKSAR territory.