Trafficking Victims Being Treated as Illegal Migrants, Rights Bodies Warn

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NAIROBI, Kenya- Human trafficking victims along the Southern Migration Corridor are at risk of being detained, prosecuted or deported as irregular migrants because authorities often fail to identify them as victims, a new advisory by four African national human rights institutions has warned.

The advisory, developed by the National Human Rights Institutions (NHRIs) of Kenya, Mozambique, South Africa and Zambia, says weak victim-identification systems are among the major protection gaps undermining efforts to combat human trafficking across the corridor.

The four institutions issued the warning following deliberations during a regional meeting of the NHRI Technical Working Group on Migration and Human Rights held in Addis Ababa, Ethiopia, from July 8 to 10, 2026. 

The Southern Migration Corridor links countries of origin, transit and destination and exposes migrants and other vulnerable people to trafficking, forced labour, sexual exploitation, debt bondage, arbitrary detention and violence.

When trafficking victims become immigration offenders

According to the advisory, inadequate mechanisms for identifying trafficking victims can result in people who have been exploited being treated primarily as immigration offenders.

The report says victims may consequently be detained, prosecuted or deported under immigration laws instead of being recognised as people entitled to protection and assistance.

The human rights institutions say this failure is compounded by limited legal awareness among trafficking victims, language barriers, fear of retaliation, stigma, discrimination and mistrust of authorities.

These factors can make it difficult for victims to report abuse or cooperate with investigations.

The advisory also warns that victims can experience secondary victimisation during criminal investigations and prosecutions.

In some cases, continued protection is reportedly linked to their willingness to serve as witnesses, potentially exposing them to intimidation and re-traumatisation and causing some victims to withdraw from justice processes.

Lack of shelters and support

The problem does not end when a victim is identified.

The NHRIs say the limited availability of safe houses and shelters, psychosocial support, legal aid and long-term reintegration services leaves survivors vulnerable even after escaping trafficking situations.

The advisory calls for governments to expand access to these services and ensure victims receive assistance that supports recovery, resilience and social and economic reintegration.

It also recommends victim-centred identification and referral systems specifically designed to prevent trafficked people from being criminalised or detained for immigration-related offences.

Why identification is proving difficult

The four institutions identify several weaknesses contributing to the problem, including limited capacity among frontline officials.

Police officers, immigration officials, labour inspectors, prosecutors, judges and service providers may lack sufficient specialised training and resources to identify trafficking and respond appropriately.

The advisory also points to poor coordination between law enforcement agencies, immigration authorities, labour inspectors, social services, prosecutors, diplomatic missions and human rights institutions.

Cross-border cooperation is described as limited, resulting in fragmented investigations, inconsistent victim referrals and inadequate information sharing between countries.

The institutions are calling for stronger bilateral and multilateral cooperation on investigations, intelligence sharing, mutual legal assistance and victim protection.

Poverty and unsafe migration increase vulnerability

The advisory links trafficking vulnerability to broader socioeconomic conditions, including poverty, unemployment, lack of awareness and unsafe migration pathways.

It says these structural factors can reinforce cycles of poverty, exploitation and irregular migration, leaving people more exposed to trafficking and related abuses.

Women, children and other at-risk groups are identified as particularly vulnerable to trafficking and abuse.

The report also highlights the risk of statelessness among people who lack civil documentation, as well as children born during migration who may be left without legal nationality.

Governments urged to tackle corruption

The human rights institutions are also calling for stronger measures to prevent and detect corruption within border management, immigration, documentation and law enforcement systems where such corruption facilitates trafficking and migrant smuggling.

They want governments to strengthen oversight and accountability mechanisms while improving national migration data systems.

Reliable, harmonised and disaggregated data, the advisory says, would help governments understand trafficking patterns, develop evidence-based policies and improve regional responses.

Push for a regional response

The NHRIs argue that trafficking networks operate across borders and therefore cannot be effectively addressed through isolated national interventions.

They are recommending regional mechanisms for information sharing, victim referrals and coordinated investigations, alongside early-warning systems capable of identifying emerging trafficking patterns and protection risks.

The African Union has also been urged to strengthen implementation of existing migration, human rights and anti-trafficking instruments.

Among the proposals is consideration of a dedicated Special Rapporteur or Special Mechanism on Human Trafficking within the African human rights system. 

The institutions are also calling for continental guidelines covering victim protection, rehabilitation, compensation and long-term solutions for survivors.

Joseph Muraya
Joseph Muraya
With over a decade in journalism, Joseph Muraya, founder and CEO of Y News, is a respected Communications Consultant and Journalist, formerly with Capital News Kenya. He aims to revolutionize storytelling in Kenya and Africa.

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