A/HRC/38/45 United Nations General Assembly Distr.: General 14 May 2018 Original: English Human Rights Council Thirty-eighth session 18 June–6 July 2018 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on trafficking in persons, especially women and children Note by the Secretariat The Secretariat has the honour to transmit to the Human Rights Council the thematic report of the Special Rapporteur on trafficking in persons, especially women and children, Maria Grazia Giammarinaro, prepared pursuant to Council resolution 35/5. State efforts to govern international migration are often disconnected from the legal obligation to identify victims of trafficking in human beings, creating negative consequences for their protection and for the prosecution of traffickers. Unfortunately, the international political agenda, which is focused on the prevention of irregular migration, and the populist and xenophobic anti-migration movements in certain countries and regions, are further encouraging a response to management of migration flows from a crime prevention perspective, which does not place human rights protection at the centre. In mixed migration movements, people are placed into different categories and allocated different types of assistance accordingly. However, in practice it is challenging to draw clear lines on the circumstances of each migratory journey, and identification through rigid categories could lead to gaps in protection and assistance to victims. In the present report, the Special Rapporteur analyses challenges in the identification, referral and protection of victims and potential victims of trafficking in persons in the context of mixed migration. Based on the findings and feedback of numerous organizations, she offers recommendations to help States, international organizations and civil society organizations adapt their responses to ensure the effective protection of victims and potential victims of trafficking. These responses must be focused on the identification of groups and persons who by their characteristics and circumstances are in a vulnerable situation, regardless of the specific determination of their case. Activating protection protocols at the outset of identification of vulnerabilities may be one of the most effective ways to assist victims of trafficking and avoid the re-victimization, detention and deportation of victims and potential victims of trafficking in persons. GE.18-07730(E) 

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