Mary Jane’s case highlights the critical importance of operationalizing the non-punishment principle enshrined in the ASEAN Convention Against Trafficking in Persons, Especially Women and Children.
fter more than 14 harrowing years on death row in Indonesia, Mary Jane Veloso, a Filipina migrant worker and victim of human trafficking, is finally coming home. Veloso’s return is not just a moment of celebration for her family, it is a powerful testament to the unyielding solidarity among migrant workers in the region and around the world, as well as civil society and human rights organizations and their enduring hope for justice that transcends borders.
Mary Jane Veloso’s story encapsulates the deep vulnerabilities faced by migrant workers and victims of human trafficking across Southeast Asia. Arrested in 2010 for unknowingly carrying drugs hidden in her luggage, Mary Jane was sentenced to death in Indonesia despite overwhelming evidence that she was a victim of trafficking. Her case reflects systemic failures in national and regional mechanisms that too often prioritize punishment over protection, leaving the most vulnerable to bear the brunt of injustice.
In 2015, her scheduled execution was halted at the last minute, not due to judicial reconsideration, but because of the arrest of her alleged traffickers in the Philippines. This reprieve was made possible by the tireless efforts of her family, civil society and the international community. Her eventual repatriation underscores the potential of regional collaboration, but also reveals the urgent need for systemic reforms to prevent such injustices in the future.
Mary Jane’s case highlights the critical importance of operationalizing the non-punishment principle enshrined in the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). This principle ensures that victims of trafficking are not punished for crimes they were coerced into committing. While ACTIP’s adoption was a milestone, its implementation remains inconsistent and far from sufficient.
We call on ASEAN member states to uphold the dignity of trafficking survivors by fully implementing the non-punishment principle, a provision that is also embedded in the national anti-trafficking laws of many ASEAN countries.
Comprehensive training for law enforcement, prosecutors and judges is essential to ensure that victims are recognized as survivors requiring protection, not criminals deserving punishment. Governments must create clear operational guidelines to effectively enforce this principle, ensuring that no one in Mary Jane’s position is ever condemned to death or imprisonment for actions beyond their control.
Mary Jane’s repatriation exemplifies the victories that coordinated regional efforts and people’s movements can achieve in terms of addressing complex human rights cases. This outcome was not the product of unilateral action, but the result of years of diplomatic negotiations, public pressure and unwavering advocacy by civil society organizations.
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