A/73/178/Rev.1 they turn to other migrants or their families for help. As recruitment agencies are often involved in trafficking and exploitation, victims believe that the agencies are acting with impunity owing to corruption. 54 In addition, many recruitment agencies operate from a third country in order to circumvent the labour courts of the country in which migrants are working. 55 Thus, victims of trafficking rarely turn to the justice system or prefer to accept lower amounts of compensation. 56 54. There are also many institutional barriers. While establishing that a person has been victimized is the first step towards gaining access to justice, it proves difficult to do so, owing to the authorities’ lack of specialized knowledge and awareness, a lack of awareness on the part of the general public, and the shortcomings of the institutions and services responsible for providing assistance. As a result, many victims of trafficking are treated as undocumented migrants and deported. The lack of information and knowledge (concerning the legal consequences of being recognized as victims, for example) on the part of victims and authorities, the lack of accessible legal assistance (in rural and remote areas, for instance), and the duration and cost of criminal proceedings are additional barriers that hinder migrants who are victims of trafficking from gaining access to justice. 57 In West and Central Africa, one of the main challenges rescued victims face is the absence of a safe location and environment for them while receiving legal assistance. 58 55. In addition, obtaining compensation is a major challenge. It is generally easier to obtain compensation in the labour courts than it is to obtain it in the criminal courts for trafficking offences. Labour litigation is speedier, the labour courts authorize direct payment of compensation to migrants and punishment of those responsible, while the definition of exploitation is broader (for example, there is no obligation to prove intent). However, in many cases the amounts available are completely inadequate considering the harm caused, contrar y to what is stipulated in anti-trafficking laws, which also allow for compensation for non -material damage. 59 56. Very few victims of trafficking have obtained compensation in criminal proceedings owing to the difficulties of investigating transnational cases and the insufficient support provided to victims throughout the process. 60 Embassies’ slow pace of work and their failure to undertake effective follow-up of the proceedings, even when a favourable judgment has been handed down, also hinder effective access to justice and redress for migrants returning to their countries of origin. 61 57. According to some studies, a real possibility of regularization of residence status, the provision of individualized support services, a genuine chance of receiving compensation and access to and participation in criminal proceedings are the factors that would enable migrants to escape abuse and exploitation and afford them access to justice. In any event, States should not require migrants who are victims of trafficking to cooperate with the justice system in order to receive assistance. 62 __________________ 54 55 56 57 58 59 60 61 62 14/20 Submission Submission Submission Ibid. Submission Submission Submission Submission Submission by Global Alliance Against Traffic in Women. by the International Organization for Migration (IOM). by Global Alliance Against Traffic in Women. by by by by by IOM. Global Alliance Against Traffic in Women. IOM. Migrant Forum Asia. the European Union Agency for Fundamental Rights. 18-15902