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Due diligence and trafficking in persons 2015, para. 17
- Paragraph text
- Due diligence is too often limited in practice because it is seen as requiring resources and State capacity to control private actors. This can give rise to questions about the role of due diligence in contexts where capacities of States are diminished (e.g., in conflict or crisis) or where States' capacities to protect human rights from acts of third parties have not kept pace with the rise of powerful private actors, such as corporations and other non-State actors such as armed groups. Because due diligence is an obligation of conduct, it does not insist on a one-size-fits-all approach that requires uniform outcomes from differently situated States. As an obligation of conduct, however, due diligence does require "States to take reasonable measures that have a real prospect of altering the outcome or mitigating the harm." States are also required to undertake substantive review and assessment policies to test results and effectiveness, including whether they are taking appropriate measures to ensure the human rights of trafficked persons. This requirement of due diligence assessment is particularly important when potential infringements come from failures of the State to act with regard to non-State actors as omissions can be particularly difficult to measure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 72f
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Trafficking in persons for the purpose of removal of organs in the context of conflict;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70d
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Disclose publicly information on disciplinary and administrative procedures taken by contributing countries in relation to alleged perpetrators within their troops;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69e
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Exercise due diligence to prevent or mitigate trafficking committed by subcontracted private individuals or companies that are directly linked to their operations, even if the State agencies of armed forces have not themselves contributed to the violations;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69b
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Whenever possible, hire workers directly rather than by engaging contractors or subcontractors or using intermediate agencies, to ensure that the supply chain is free of trafficked persons;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 65c
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include prevention of trafficking in persons as part of life-saving protection activities, from the outset of a conflict/crisis;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 77g
- Paragraph text
- [Concerned governmental institutions, law enforcement authorities, civil society organizations, academia, United Nations agencies and programmes and international organizations should undertake further research on the different forms of trafficking in persons in relation to conflict and post-conflict situations, including on:] Trafficking in persons for the purpose of removal of organs in the context of conflict;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 75d
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Disclose information publicly on disciplinary and administrative procedures taken by contributing countries in relation to alleged perpetrators within their national troops;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 74e
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Exercise due diligence to prevent or mitigate trafficking committed by subcontracted private individuals or companies that are directly linked to their operations, even if the State agencies of armed forces have not themselves contributed to the violations;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 74b
- Paragraph text
- [State contracting agencies of armed forces deployed in conflict and post-conflict areas, including in the context of peacekeeping operations, should:] Whenever possible, hire workers directly, rather than by engaging contractors or subcontractors or using intermediate agencies, to ensure that the supply chain is free of trafficking in persons;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 67
- Paragraph text
- Finally, while the present report of the Special Rapporteur is aimed at raising international awareness of the forms and nature of trafficking in persons in conflict and post-conflict situations on the basis of existing reliable information, she highlights the fact that, as new types of conflict arise, and modern means of combat are used, further research on this subject will be needed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 53
- Paragraph text
- In addition to the obligations of due diligence of individual States when they participate in inter-State institutions such as the international financial institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 16
- Paragraph text
- The territorial and extraterritorial application of human rights means that States' due diligence obligations apply extraterritorially to those within their jurisdiction, including domestic non-State actors (e.g., corporations). These obligations apply when States exercise "effective control" either when acting individually (e.g., in unilateral military action) or as members of international or intergovernmental organizations and coalitions (e.g., in peacekeeping forces). Due diligence human rights obligations also apply in peacetime, conflict, and post-conflict situations. In practice, however, States, inter-State, and non-governmental actors often overlook trafficking in crisis situations (e.g., armed conflicts, natural disasters and protracted crises), creating significant protection gaps that leave "forms of trafficking unaddressed and victims unassisted.'' While State actors have due diligence obligations in crisis contexts, under certain circumstances, non-State actors (e.g., armed groups) will themselves be required to address international human rights, including the obligations of due diligence. For example, while non-State actors such as armed groups cannot ratify international human rights treaties, "under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 51
- Paragraph text
- COMMIT has also established specialist units or focal points in key provinces or hotspots in several countries, in order to bring a specialist response to the areas where it is most needed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70e
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Implement the special measures for protection from sexual exploitation and sexual abuse by United Nations peacekeeping personnel proposed by the Secretary General (A/70/729) and the recommendations contained in the report of the independent review on sexual exploitation and abuse by international peacekeeping forces in the Central African Republic, "Taking action on sexual exploitation and abuse by peacekeepers".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 55
- Paragraph text
- Other proposed strategies to strengthen audits, improve measures to detect and provide remedy in trafficking cases, and better implement complementary efforts alongside assessments included increasing community and stakeholder engagement, improving auditor training, strengthening initiatives to share data and information, and using new technologies to enhance information gathering, for example through information technology platforms, hotlines or other such mechanisms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70c
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Ensure adequate protection of whistleblowers and prevent any adverse impact on their careers and working conditions;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 65d
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include rights-based anti-trafficking response/action in existing cluster systems for humanitarian action;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 75c
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Ensure adequate protection for whistle-blowers and prevent any adverse impact on their careers and working conditions;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 70e
- Paragraph text
- [United Nations agencies and programmes, international organizations and humanitarian actors should:] Include rights-based anti-trafficking response/action in existing cluster systems for humanitarian action;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 60
- Paragraph text
- Using existing sanctions regimes of the Security Council such as the ISIL and Al-Qaida regimes (see resolution 2253 (2015)), including Boko Haram, to cover human trafficking crimes in conflict by, inter alia, including specific references to trafficking was further raised by some States and entities active in the field as possible tools to address impunity for trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 46
- Paragraph text
- Both the territorial State and any other States exercising jurisdiction are responsible for meeting due diligence obligations. States' extraterritorial due diligence obligations are particularly important in the context of cases of transnational trafficking. States' obligations of due diligence continue in crisis contexts and under certain circumstances, non-State actors (e.g., armed groups) may also have such obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 75e
- Paragraph text
- [States contributing personnel to peacekeeping operations should:] Implement the special measures for protection from sexual exploitation and sexual abuse by United Nations peacekeeping personnel proposed by the Secretary-General (see A/70/729) and the recommendations contained in the report of the independent review on sexual exploitation and abuse by international peacekeeping forces in the Central African Republic, "Taking action on sexual exploitation and abuse by peacekeepers".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 58
- Paragraph text
- With regard to gaps in the financial capacity of actors to address human trafficking, the subject of international cooperation between States to, inter alia, finance existing mechanisms such as the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery has been raised. These funds can be used to provide much needed resources and capacities to humanitarian actors, who often bear the burden of providing protection from within limited means, and sometimes beyond their range of abilities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 55
- Paragraph text
- Special legal situation of trafficking involving peacekeeping forces. With regard to criminal accountability of peacekeepers, the core instrument is the status of forces agreement (A/45/594) that the United Nations concludes with countries that contribute troops to its peacekeeping and peacebuilding operations. Under these agreements, contributing countries retain exclusive responsibility for disciplining and criminally sanctioning their military contingents. In addition, recent reports to the Secretary-General, as well as resolutions of the General Assembly and Security Council continually address gaps in addressing human rights violations committed by peacekeeping forces. In relation to other personnel (e.g., civilian advisers) over whom the contributing country does not have exclusive jurisdiction, the United Nations will generally refer the case to the contributing country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 44
- Paragraph text
- The international legal framework around trafficking in conflict and post-conflict situations is a composite one that draws on multiple branches of law, including transnational criminal law, international humanitarian law, international criminal law, refugee law and human rights law. In some cases, common and overlapping rules operate to ensure that certain protections (e.g., against slavery and forced labour) are applicable in all situations, including international and non-international armed conflict. In other cases, particular rules and protections will apply depending on the nature of the situation under consideration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 68
- Paragraph text
- In view of the legal responsibility of States to identify, protect and assist trafficked persons in all circumstances, including in conflict and post-conflict situations, and to work to ensure that those responsible for violations of human rights are held accountable, the Special Rapporteur offers the following recommendations. Given the timeliness and the importance of the thematic addressed in this report, and taking into account the central role of the General Assembly, other United Nations bodies and institutions, especially on conflict-related issues, the Special Rapporteur also wishes to reiterate the recommendations contained in her report to the thirty-second session of the Human Rights Council (A/HRC/32/41).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 47
- Paragraph text
- The following section highlights additional feedback from Member States and other stakeholders during the interactive dialogue held between the Special Rapporteur and the members of the Human Rights Council and the Security Council, convened in an open debate on the theme "Conflict-related sexual violence: responding to human trafficking in situations of conflict-related sexual violence". During the dialogue the Special Rapporteur made an intervention addressing the link between trafficking and conflict. The paragraphs below do not provide an exhaustive list of the topics discussed, but address some of the most frequently recurring issues pertaining to the thematic at hand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Due diligence and trafficking in persons 2015, para. 39
- Paragraph text
- As with individual States' overreliance on post-hoc measures such as investigation and prosecution, measures such as ombudspersons and internal evaluation offices that examine policies and activities (e.g., of the United Nations, the International Monetary Fund and the World Bank) are "positive steps" but are "reactive and cause(s) further reliance on the responsibility arm of due diligence rather than the practice and long-term processes that are necessary." Instead, the humanitarian community, United Nations system, and donor community should, for example, undertake anti-trafficking responses before, during and after crisis moments in order to fully address the "relationship between pre-existing trafficking patterns and the heightened risks and vulnerabilities during crises."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 13
- Paragraph text
- While initiated by the current mandate holder, the review covers the whole duration of the mandate to date, including the work of the first mandate holder, Sigma Huda, between 2004 and 2007. Its preparation involved a desk review and analysis of the documentation produced by the two mandate holders, including annual and thematic reports, country mission reports, communications sent to Governments, statements from the mandate holders, research and reports of meetings. The Special Rapporteur also circulated a questionnaire to Member States and organizations to solicit their views on the achievements of the mandate and its future areas of work.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
30 shown of 30 entities