Page 52 - FMR64_Trafficking and smuggling & Climate crisis and local communities_2020_web

FMR 64
52 Trafficking and smuggling
www.fmreview.org/issue64 June 2020

Statements have to be collected accurately placing so much emphasis on their physical
and thoroughly. Any transcription of a features that they are reduced to mere
statement that is repetitive, automatic or human manifestations of juju threats. 5
over-simplified has less value in court. Police may recover the ‘packets’ created
For example, one NGO respondent told during the oath ritual. These must be collected,
how: “a victim explained how they made preserved and documented correctly, in the
cuts in her chest, back and sides and how greatest possible detail. After documentation
they took a kind of lime with which they police should return these to the victim
rubbed her forehead until blood came if they so wish. Some victims report their
out, which she had to drink. However, the exploitation situation only once their packet is
police wrote that they had removed her in the hands of the police. Any personal object
nails and pubic hair to do a juju ritual.” belonging to the victim should be removed
Stereotypes may influence the from their place of exploitation, as victims
identification of the victim and the evaluation may fear that it will be used to curse them.
of protection risks. For example, during
an interview with a potential victim from Oaths in court
Guinea, the same NGO representative The particular dynamics of Nigerian networks
asked the police to inquire about ritual should be considered in the preparation and
oaths. The police dismissed the suggestion, development of a trafficking prosecution. The
saying that ritual oaths were only relevant United Nations Office for Drugs and Crime
to Nigerians. The interpreter had to explain (UNODC) recommends that consent-related
to the police officer that in Guinea people issues should be addressed early on in the
also believe in the power of juju oaths. trial in order to provide the court with a
Some interpreters used during interviews framework within which to understand the
may not be aware of crucial concepts like juju vulnerability, inconsistencies in testimony
oaths; others may themselves also believe in and apparent consent of the victims to their
the effects of spiritual powers and be afraid to exploitation. The presentation of physical
work in cases involving Nigerian networks. evidence, such as remnants of rituals, or
Cultural mediators – usually survivors telephone conversations alluding to juju
of trafficking – can ease engagement threats, gives judges a greater evidence base
with victims and provide women with upon which to adopt a sound verdict.
a concrete example of how it is possible In at least two cases in the UK, the
to extricate themselves from exploitative intervention of experts on sub-Saharan
situations. And the accompaniment of spiritual beliefs was essential both for
victims by specialised NGOs can provide contextualising the behaviour of the victims
the women with the confidence, security and for explaining the cultural aspects
and tools that they need in order to cope linked to the cases. Psychologists are also
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better with criminal proceedings. increasingly providing expert evidence on
how oaths become a mechanism of control
Collecting physical evidence that intensely influences women’s behaviour.
When conducting forensic examinations
such as obtaining blood or saliva for DNA Judicial considerations
tests, it is essential to explain to the women There is a mismatch between the importance
the purpose and relevance of the procedures attributed to the oaths by law enforcement
performed, as they may link it to juju actors and NGOs and how it is reflected
rituals. It is also crucial to differentiate in court decisions. Where oaths and juju
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between tribal scarifications, cuts made are mentioned in court decisions it is
to the body linked to traditional medicine mainly in the description of the facts, not
and cuts made in the context of trafficking. in the justification of the sentence. There
In conducting such examinations it is are also many inaccuracies in references
important not to dehumanise the women by to the oaths and spiritual powers.