A/HRC/44/45 I. Introduction 1. During her six years of tenure, the Special Rapporteur has developed significant thematic research with the aim of effectively implementing a human rights-based approach to trafficking in persons. As her tenure is coming to an end in July 2020, the same year that marks the twentieth anniversary of the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Special Rapporteur believes that it is timely and relevant to dedicate her last thematic report to the Human Rights Council to a reflection on the main gaps that have emerged throughout the extensive research conducted thus far, as well as on the way forward in relation to effective actions aimed at preventing and combating trafficking in persons. 2. According to the knowledge and experience gained during her tenure, the Special Rapporteur believes that profound changes are needed in the approach to anti-trafficking action. Estimates show that forced labour, including in the context of trafficking, is a massive widespread phenomenon, involving millions of people. While sexual exploitation, mostly involving women and girls, remains a significant proportion of all cases, labour exploitation probably represents the highest percentage of trafficking in persons. The scale of the problem suggests that trafficking should be considered first and foremost a matter of human rights and social justice. Trafficked persons are in fact an enormous reserve of cheap labour or even unpaid labour, misused and victimized for this purpose, while the proceeds of their hard work enrich not only their traffickers, very often criminals, but also their final exploiters, very often well-established and respected actors in the formal economy. 3. This is the reason why Governments should, as a matter of priority, address businesses with a collaborative approach, asking for voluntary initiatives in compliance with due diligence obligations to respect human rights, and at the same time impose on corporations basic obligations to report on the actions they take, identify and minimize risks, and provide remedies for people subjected to trafficking in their operations, including their supply chains. The agency of exploited and trafficked persons should be promoted and valued, by respecting their freedoms of assembly and association and their rights to form or join trade unions, and by providing workers who denounce exploitation with viable and regular alternative jobs, and residence status if needed. 4. However, a law enforcement approach to anti-trafficking is still prevalent. Trafficking is overlooked, especially when it is linked with migration, and victims are not identified as such when they are trafficked during their perilous journeys, due to the lack of dedicated procedures in places of first arrival, aimed at identifying vulnerabilities, including vulnerabilities to trafficking. The result is that trafficking is almost ignored in the context of mixed migration movements. Taking into account the clear link between trafficking and migration – although trafficking can also occur within an individual country – such a failure to protect vulnerable migrants at an early stage produces a sort of marginalization of antitrafficking action, which is still confined to a specific policy area, restricted to cases in which exploitation has already taken place, and the person concerned has been found in such a situation by the police. 5. In addition, when a person is identified in such a way, he or she is asked to report and give testimony, with the consequence that their residence status and therefore their possibility to access assistance and remedies is made conditional on the legal qualification of the crime, the initiation and continuation of criminal proceedings, and sometimes even the fact that their contribution leads to the arrest or conviction of perpetrators. It is clear that such a model is not human rights compliant, and not effective. The Special Rapporteur believes that a different approach is needed, in which considerations related to the rights, vulnerabilities and needs of the person involved must take first place. 6. Restrictive migration policies and xenophobic or racist approaches to migration exacerbate or even create vulnerabilities to trafficking. The increasing trend towards criminalization of migration and related repressive policies is one of the driving factors of trafficking. On the contrary, trafficked persons’ rights can be fully protected only if migrants’ rights are protected. 2

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