Can I Seek Asylum If I Am a Victim of Human Trafficking?

Individuals who have been victims of human trafficking may be eligible to apply for asylum in another country if they fear for their safety upon return to their home country. Both asylum law and international human rights treaties often offer protection to trafficking victims, especially when they face persecution or a risk to their lives if they are sent back.

Asylum and Human Trafficking:

Eligibility for Asylum:

Human Trafficking as Grounds for Asylum:

• If a person has been a victim of human trafficking and fears further harm or persecution upon return to their home country, they may be eligible for asylum. The claim for asylum would be based on the grounds of persecution related to factors like gender, race, social group, or political opinion, which are among the five protected grounds under international asylum law.
• Asylum applicants who have been trafficked must provide evidence that they were victims of trafficking, such as police reports, medical records, affidavits from NGOs, or other forms of documentation that show they were subjected to coercion, exploitation, and trafficking.

Legal Grounds for Seeking Asylum:

Fear of Persecution:

• The key requirement for asylum is demonstrating a well-founded fear of persecution. For trafficking victims, this may mean that they are at risk of re-trafficking or face danger from traffickers or criminal groups if returned to their country of origin.

Vulnerable Groups:

• Women, children, LGBTQ+ individuals, and those from marginalized social groups who are more likely to be targeted for trafficking may have stronger claims under asylum law. They can argue that their vulnerability to trafficking puts them at specific risk of harm or further exploitation if they are forced to return.

Protection Under International Law:

International Protocols:

• Countries that are signatories to the 1951 Refugee Convention and its 1967 Protocol must provide asylum to individuals who meet the criteria of a refugee, including trafficking victims. The UN Convention Against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons also obligate countries to provide protection to trafficking victims.

Non-Refoulement Principle:

• The principle of non-refoulement prohibits countries from returning individuals to a country where they may face torture, inhumane treatment, or persecution. For victims of trafficking, returning them to their home country where they may be re-trafficked or persecuted violates this principle.

Application Process for Victims of Human Trafficking:

Asylum Application:

• Victims of human trafficking must follow the same asylum application process as other applicants. They must demonstrate that they meet the eligibility criteria for asylum, showing that their experience as trafficking victims makes them eligible for protection under the country's asylum laws.

Additional Support for Trafficking Victims:

• Some countries provide specialized support for trafficking victims who seek asylum. This can include victim assistance programs, access to legal counsel, and protection from traffickers who may attempt to retaliate.

Cooperation with Law Enforcement:

• While seeking asylum, victims of human trafficking may also cooperate with law enforcement to bring traffickers to justice. This can help support their asylum claim, as cooperation may show that they are at further risk if returned to their home country.

Challenges and Complications:

Proof of Trafficking:

• Proving that you were a victim of human trafficking can be difficult, especially if the evidence is limited or if the person has been forced to stay in unsafe or exploitative situations for a long time. It is crucial to gather as much evidence as possible from authorities, NGOs, or other witnesses to support the claim.

Fear of Legal Consequences:

• Many trafficking victims are afraid to speak out because they may fear criminal prosecution for activities they were forced to engage in while trafficked (e.g., working in illegal businesses). However, most countries provide protection for victims of trafficking and will not penalize them for illegal acts committed as a result of being trafficked.

Example:

An individual from the Philippines who was trafficked into forced labor and sexual exploitation in another country may fear being trafficked again if they return to their home country. If they flee to the United States or the UK, they can apply for asylum by explaining their fear of re-trafficking and persecution in their home country. The victim must provide evidence of their trafficking experience, such as medical records or witness testimony, to support their claim for asylum.

Conclusion:

Victims of human trafficking can seek asylum in countries that offer refugee protection, provided they meet the eligibility criteria and can demonstrate a well-founded fear of persecution or harm upon return to their home country. Special provisions exist in both domestic and international law to protect trafficking victims, and such individuals may be granted asylum based on their vulnerability and fear of further exploitation.