The Compendium of Good Practices in Adjudicating Trafficking in Persons (TIP) Cases in ASEAN

INTRODUCTION

The ASEAN Convention against Trafficking in Persons, Especially Women and Children (ACTIP) was signed on 21 November 2015, entered into force on 8 March 2017, and achieved universal ratification among ASEAN member states in 20203. Achieving this requires continued collaboration and coordination to strengthen the regional judicial response to Trafficking in Persons, particularly through capacity building of law enforcement, prosecutors, and judges, as mandated by ACTIP, the ASEAN Plan of Action against Trafficking in Persons, Especially Women and Children (APA) and the Multi-Sectoral Action Plan ASEAN Against Trade 2023-2028 (Bohol Work Plan 2.0).

Recognizing this, CACJ has received a proposal from ASEAN-ACT for a pilot project on judicial knowledge exchange. Specifically, at the 10th CACJ Meeting in Kuala Lumpur, Malaysia, the Council stated: “RECOGNIZING the approach taken by ASEAN-Australia Counter Trafficking (ASEAN-ACT) with a view to supporting the implementation of the Judicial Education and Training Programme in line with the priorities of the Work Plan 2020-2025, AGREEMENT for the Judicial Education and Training Working Group to explore the suitability of the Working Group’s priorities and to submit its recommendations to the CACJ for approval before implementation.” (Paragraph 14, Kuala Lumpur Declaration). In accordance with this declaration, the CACJ WG-JET Co-Chairs implemented the JKE Pilot Project between Indonesia and the Philippines to evaluate the feasibility of the proposal. Two exploratory activities were held in July and September 2023, resulting in an exchange of knowledge between Indonesian and Philippine judges. These activities focused on sharing good practices and challenges in adjudicating TIP cases, particularly in applying the victim approach, normalizing the use of ASEAN mechanisms for information exchange and capacity building in implementing ACTIP across countries. ASEAN members.  A joint consolidation workshop was also held in May 2024. The Policy Strategy and Legal and Judicial Education and Training Agency, the Philippine Judicial Academy, the Supreme Court of Indonesia, the Supreme Court of the Philippines and ASEAN-ACT were tasked with compiling a summary of lessons learned and good practices from the JKE Pilot Project, which will serve as a resource for judges and legal practitioners across the ASEAN region.

SUBSTANCE

a. On 24-27 July 2003, in Bogor, Indonesia, the ASEAN Judicial Knowledge Exchange was conducted. Delegates from Indonesian and Philippine Judges explored important practices, such as providing restitution and compensation to victims, implementing a special approach for child witnesses, and using victim-sensitive methods for victim-sensitive testimony. Philippine judges and jurors also visited district and religious courts in Indonesia, where they observed how technology improves access to justice for women, children, and persons with disabilities. In July 2023, the Supreme Court of Indonesia and the Agency (Strategy, Policy, and Education and Training of Law and Justice (BSDK) were honored to host judges from the Philippines in Bogor and Jakarta for the first phase of the JKE Pilot Project. The exchange resulted in rich discussions among 17 Indonesian and 12 Philippine judges on indicators of victim-sensitive courts, juvenile courts, and child-sensitive courts.

b. On September 19-21, 2023 in Tagaytay and Manila, Philippines In September, the Philippine judiciary had the honor to welcome in Manila and Tagaytay distinguished colleagues from Indonesia including Jupriyadi, SH, MHum (Supreme Court Justice of the Supreme Court of the Republic of Indonesia), 2. Hj Dr Nirwana, SH, M.Hum (Central Sulawesi KPT), Hon. Judge Bambang Hery Mulyono, SH, MH Head of Indonesia Judicial Training Agency, Supreme Court of Indonesia Judge Dr. Sriti Hesti Astiti, SH, MH Judicial Judge, Agency for Policy Strategy and Education and Training of Law and Justice, Mr. Taufikurrahman Head of Program and Cooperation Sub-Section, Center for Education and Training, Agency for Policy Strategy and Education and Training of Law and Justice, Mr. Ardy Nugroho Putra, SH Head of Administration Sub-Section, Center for Education and Training, Agency for Policy Strategy and Education and Training of Law and Justice, Ms. Ika Lestari Program and Cooperation Staff, Center for Education and Training, Agency for Policy Strategy and Legal and Judicial Education and Training Participants, Judge Dr. Rosana Kesuma Hidayah, S.H., M.SI Judicial Judge at Registrar's Office of the Supreme Court of the Republic of Indonesia, Judge Eva Margareta Manurung, S.H., M.H. Judicial Judge at Public Relations of Administration Affairs Board, Administration Affairs Board of the Supreme Court of the Republic of Indonesia, Judge Dodik Setyo Wijayanto, S.H. Judicial Judge at Registrar's Office of the Supreme Court of the Republic of Indonesia, Judge Ferdian Permadi, S.H. Judicial Judge at Registrar's Office of the Supreme Court of the Republic of Indonesia, Judge Delta Tamtama, S.H., M.H. South Jakarta District Court, Judge Syofia Marlianti Tambunan S.H., M.H. North Jakarta District Court, Judge Flowerry Yulidas, S.H., M.H West Jakarta District Court, Judge Dwi Novita Purbasari, S.H Rangkasbitung District Court, Judge Adrian Anju Purba, S.H., LL.M. Indramayu District Court, Judge Alfian Wahyu Pratama, S.H., M.H. Mungkid District Court,

Judge Maulia Martwenty Ine, S.H., M.H. Head of Kediri District Court, Judge Adhika Budi Prasetyo, S.H., MBA., M.H. Kediri District Court, Judge Wini Noviarini, S.H., M.H. Tanjung Karang District Court, Judge Dr. Novritsar Hasintongan Pakpahan, S.H., S.Pd., LL.M Kotabumi District Court, Judge Maria Christine Natalia Barus, S.IP., S.H., M.H Stabat District Court, Judge Muhammad Larry Izmi, S.H., M.H. Bangkayang District Court Supreme Court of Indonesia, Hon. Justice Jupriyadi, S.H., M.Hum. Justice of Criminal Chamber at the Supreme Court of the Republic of Indonesia, Judge Dr. Hj. Nirwana, S.H., M.Hum Chief Judge of Central Sulawesi High Court, Judge Selviana Purba, S.H., LL.M Judicial Judge / CACJ Indonesia Liaison Officer, Judge Dr. H. Armansyah, Lc. M.H. Judicial Judge of the Religious Court Chamber, Supreme Court of the Republic of Indonesia, Judge Rizkiansyah, S.H., LLM. Judicial Judge at the Public Relations Legal Bureau

The team had an in-depth exchange on family court practices, including child-sensitive procedures, which deepened our understanding and enhanced our ability to implement practical and effective approaches to combating trafficking across ASEAN. These interactions not only enriched our judicial knowledge, but also provided valuable lessons that are now summarized as a lasting resource to guide and inspire future efforts. Moreover, this summary serves as a reminder for us to continue to build on this progress, to continue to improve how we support victims, and to work more closely with each other to make a real difference.

On 14-16 May 2024 in Tangerang, Indonesia by Indonesian Judges and in Manila by Manila Judges held a follow-up meeting online via zoom to formulate the results of the first meeting (24-27 July 2003 in Bogor) and the second meeting (19-21 September 2023 in Tagaytay and Manila, Philippines) so that from this joint project represented by the CACJ Philippines as Chair of the Working Group Chair of the CACJ Working Group on Judicial Education and Training (WGJET) and our partners from ASEAN - Australia Counter Trafficking (ASEAN-ACT) produced the Compendium of Good Practices in Adjudicating Trafficking In Persons Cases in ASEAN Member States: Lessons Learned and Responses to Challenges. This is an important milestone for the WG-JET to strengthen the capacity of the judiciary in adjudicating trafficking in persons (TIP) through the implementation of the ASEAN Judicial Knowledge Exchange pilot project (Pilot JKE Project). This compendium was developed by CACJ Indonesia and the Philippines in their capacity as Co-Chairs of CACJ WG-JET with support from ASEAN-ACT. This Compendium This Compendium aims to document the knowledge sharing of judges from Indonesia and the Philippines in adjudicating TIP Trafficking in Persons cases under the JKE Pilot Project. This Compendium will serve as a summary of good practices in adjudicating TIP cases across the ASEAN region. This Compendium is a living document that contains lessons learned and responses to challenges faced for future judicial knowledge exchange, provides insights and serves as an additional reference on victim-sensitive TIP adjudication. This Compendium is intended to broaden understanding among judges and stakeholders and to promote innovation in ASEAN.

CONCLUSION

Access to justice is a fundamental principle of the rule of law. Without it, individuals cannot have their voices heard, exercise their rights, challenge discriminatory practices, or hold decision-makers to account. The delivery of justice must be impartial and non-discriminatory. To ensure meaningful access to justice, especially for vulnerable groups such as victims of trafficking, mechanisms and systems must be in place for fair dispute resolution, redress for human rights violations, and accountability for wrongdoing. People must be aware of their rights, empowered to claim them, and free to make their own choices throughout the process. This activity resulted in a compendium entitled The Compendium of Good Practices in Adjudicating Trafficking in Persons (TIP) Cases in ASEAN Member States: Lessons Learned and Responses to Challenges.This Compendium, together with three outcome documents, namely, 1. Framework for Judicial Knowledge Exchange on TIP Adjudication in ASEAN, Consolidated. 2. Summary Report for the exchange in Indonesia and the Philippines in 2023. 3. Report of the JKE Pilot Project Consolidation Workshop in May 2024, marking the completion of the JKE Pilot Project by the WG-JET Co-Chairs. 

CLOSING 

The entire series of activities of the ASEAN Judicial Knowledge Exchange on Victim-Sensitive Adjudication of Trafficking in Persons Cases: Consolidation Workshop was closed on 16 May 2024, as a joint project between Indonesia and the Philippines with ASEAN - Australia Counter Trafficking (ASEAN-ACT) partners, resulting in The Compendium of Good Practices in Adjudicating Trafficking in Persons (TIP) Cases in ASEAN Member States: Lessons Learned and Responses to Challenges.  (Research and Development/fac/bs)