A/HRC/56/60
Assembly called upon States to facilitate access to justice and safe reporting without fear of
detention, deportation or penalty.
58.
The obligation of non-discrimination in international human rights law is critical to
the principle of non-punishment and to its application across all anti-trafficking measures.
The intersections of gender, race and ethnicity, migration status and poverty are visible in
failures to implement the principle of non-punishment. The obligations arising under
international human rights law to eliminate direct, indirect and structural racial
discrimination are particularly relevant to the application of the non-punishment principle in
the context of mixed migration. The Recommended Principles and Guidelines on Human
Rights at International Borders provide that measures taken to address irregular migration or
trafficking in persons should not be discriminatory in purpose or effect, including by
subjecting migrants to profiling on the basis of prohibited grounds.
XIII. Conclusion and recommendations
59.
Urgent, effective and coordinated action is required by States and maritime
actors to prevent trafficking in persons in the context of migration at sea and to protect
victims of trafficking and persons at risk of trafficking. Such action must be compliant
with international law, recognizing the trauma and serious harms endured by victims
of trafficking. Accountability must be ensured, through strengthened international
cooperation, prioritizing the rights of victims.
60.
The Special Rapporteur recommends that States:
(a)
Strengthen action to prevent trafficking in persons, by expanding access
to safe, regular migration pathways and to refugee protection, ensuring protection of
human rights, so as to reduce the risks for migrants and refugees taking dangerous
journeys by sea;
(b)
Ratify and implement international law of the sea instruments
establishing the duty to rescue and regulating the conduct and coordination of rescue
at sea operations through the establishment of search and rescue regions and maritime
rescue coordination centres;
(c)
Ratify and implement instruments of international refugee law and
human rights law providing safeguards for the rights of those in distress or rescued at
sea, ensuring disembarkation to places of safety through enhanced coordination among
all maritime actors, States and maritime rescue coordination centres;
(d)
Ensure effective implementation of the non-punishment principle for all
victims of trafficking without discrimination, regardless of their nationality or
migration status, including ensuring that trafficked persons are not detained for
immigration-related offences and recalling the obligation of non-penalization of
asylum-seekers for their mode of entry;
(e)
Strengthen training and capacity-building to inform standard operating
procedures on the protection of victims of trafficking, in the standard training curricula
for members of the naval forces, coastguards and other entities responsible for
coordinating or conducting rescue at sea operations and disembarkation;
(f)
Ensure that measures to combat trafficking in persons comply with
international human rights and international refugee law, including the principle of
non-discrimination;
(g)
Ensure the development and implementation of protection-sensitive,
gender-sensitive and rights-based disembarkation policies, procedures and
mechanisms, enabling the identification, assistance and protection of victims of
trafficking and persons at risk of trafficking;
(h)
Establish mechanisms for screening and referral of victims of trafficking
at places of disembarkation, providing access and referral pathways to specialized
trauma-informed assistance and protection services, health services, including
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