Search Tips
sorted by
300 shown of 1263 entities
Prevention of trafficking in persons 2010, para. 30d
- Paragraph text
- [Demand for the services of trafficked persons or for commodities they have been involved in producing may come from a variety of sources, including:] Businesses that buy services or products from other companies (i.e., a "supply chain").
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 59
- Paragraph text
- The analysis of different aspects of prevention programmes described above highlights the cross-cutting importance of collecting accurate data when designing the programmes, as well as monitoring and evaluation to ensure their effectiveness.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 16
- Paragraph text
- In developing effective strategies to combat trafficking in persons, the Special Rapporteur has consistently advocated for basing such strategies on "5P's" (protection, prosecution, punishment, prevention and promotion of international cooperation) and "3R's" (redress, rehabilitation/recovery and reintegration of victims to assume a constructive role in the society) (A/HRC/10/16 and Corr.1). The role of prevention is critical in ensuring that the crime of trafficking does not occur in the first place. Despite its importance, the efforts to combat trafficking have been largely centred on a "symptom-specific" approach in that solutions are sought only after particular problems occur. It follows that resources and efforts are often concentrated on prosecuting traffickers or developing assistance programmes for survivors of trafficking but neglect the development and implementation of comprehensive and systematic prevention measures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 17
- Paragraph text
- In examining what the "prevention" of trafficking in persons entails, it is useful to revisit the legal framework and standards on combating such trafficking. One of the fundamental objectives of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol) is to prevent and combat trafficking in persons, paying particular attention to women and children. To that end, States parties are obliged to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons. Article 9 of the Palermo Protocol further provides that States parties shall adopt or strengthen various measures to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity and to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 18a
- Paragraph text
- [Those provisions make clear that prevention measures should address both the supply and demand factors leading to trafficking in persons. In that regard, guideline 7 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking, issued by OHCHR in July 2002 (E/2002/68/Add.1), provides further guidance. The main prevention measures recommended by guideline 7 may be categorized as follows:] Addressing the root causes of trafficking, including poverty, lack of education and discrimination against women and other traditionally disadvantaged groups, with a view to reducing their vulnerability;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Poverty
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 20
- Paragraph text
- The present report does not focus on the prosecution of traffickers as a method of prevention, although the Special Rapporteur acknowledges that it is an integral element of the fight against trafficking and may play an important role in preventing trafficking through deterrence. There are, however, increasing reports that the overzealous focus on prosecution and law enforcement may adversely affect the human rights of trafficked persons, as observed in some States where trafficking is addressed through the criminalization or prohibition of prostitution. For instance, as a result of the law prohibiting the recruitment of persons for the purpose of prostitution, women and girls who have been trafficked for the purpose of commercial sexual exploitation are often arrested and charged with soliciting prostitution. One non-governmental organization documented several cases in the United States of America where victims of "domestic minor sex trafficking" were arrested by law enforcement officers, prosecuted, criminalized and revictimized by the justice system. In one of the cases, police in Las Vegas arrested a 12-year-old girl who had been picked up by a man in a truck for sexual services, while the police failed to locate and arrest the man. It must also be acknowledged that there is a limit to the deterrent effects of prosecution, owing to the complex nature of the crime, which makes it difficult to successfully prosecute and convict traffickers. For those reasons, the law enforcement approach should not be exclusively relied upon as a prevention method. In the view of the Special Rapporteur, measures to prevent trafficking will not be effective or sustainable unless the underlying social, economic and political factors that create an environment conducive to trafficking are addressed. Through this lens, the report sheds light on prevention measures to address the powerful and complex factors, along a supply/demand continuum, that increase vulnerability to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 21
- Paragraph text
- Strategies aimed at preventing trafficking in persons must address underlying factors that render people vulnerable to trafficking, such as poverty, lack of employment opportunities, sex discrimination and inequality, restrictive immigration laws and policies, war and conflict. The root causes of trafficking and migration overlap to a great extent; it is thus important to understand the motivations behind people's decisions to leave their homes. In many cases, people leave their homes in search of protection and opportunity. Evidence suggests that more than three quarters of international migrants move to a country with a higher level of human development than their country of origin in order to improve their livelihoods. Millions of people also leave their places of origin either internally or across an international border owing to insecurity and conflict. This signals that in a significant number of situations, the root causes of migration and trafficking can be attributed to the failure of States to guarantee the fundamental human rights of all individuals within their jurisdiction.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 22
- Paragraph text
- Women are recognized as the group particularly affected by such failure. In this regard, it is timely and important to recall the States' commitments towards the achievement of the Millennium Development Goals, particularly goal 1 (eradicate extreme poverty and hunger), goal 2 (achieve universal primary education), and goal 3 (promote gender equality and empower women). While the overall poverty rate has been reduced somewhat, some regions, such as sub-Saharan Africa, Western Asia and parts of Eastern Europe and Central Asia, still need to make progress to meet the 2015 targets on poverty eradication. Sex discrimination still persists, and poverty puts girls at a distinct disadvantage in terms of education. Furthermore, women are still largely relegated to temporary or informal employment with little or no social security or benefits. This failure to provide equal and just opportunities for women to education and work encourages the feminization of poverty. This, in turn, compels women to leave their homes in search of better opportunities, resulting in the feminization of migration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 23
- Paragraph text
- In this process, the dynamic force of globalization and trade liberalization exacerbates the feminization of poverty and migration. A number of reports indicate that structural adjustment measures imposed by global financial institutions such as the World Bank and the International Monetary Fund increased poverty, unemployment, inequality and the degree of insecurity in many countries. In many cases, such adverse effects fall on women, as structural adjustment often involves the privatization of the public sector, which reduces access to social services that women may rely on. Trade liberalization may also result in cheap imports so that certain industries dominated by women, such as agriculture and textiles, are not able to survive, causing a loss of employment of the women. These effects all contribute to creating powerful "push" factors for women to migrate to seek employment outside their countries of origin, even at the risk of abuse, exploitation and trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 24
- Paragraph text
- The next question then is: What contributes to trafficking, as opposed to non exploitative migration? It is important to recognize that there are crucial differences between trafficking and migration in terms of the means used and the purposes of people's movement. The definition of "trafficking in persons" under article 3 (a) of the Palermo Protocol makes clear that trafficked persons are deceived or forced (by threat or coercion) to move for the purpose of exploitation. Thus, while trafficking in persons and migration share the same "migratory space", as both involve the movement of people, trafficking in persons entails movement by fraudulent or coercive means for exploitative purposes. In the light of those factors, the Special Rapporteur notes that there is a strong causal link between restrictive immigration policies and trafficking. In contrast with trade liberalization, immigration policies have become increasingly restrictive, particularly for people with low skills, despite the demand for their labour in many industrialized countries. While a number of States have deployed immigration control and border security measures in response to the smuggling of and trafficking in persons, such measures are often counterproductive, as many prospective migrants are not deterred by them and would rely on intermediaries to facilitate their entry to destination countries through informal and clandestine channels. In many cases, people decide to leave home not as a matter of choice but as a matter of survival in order to escape from serious violations of their human rights. People's desire to move at any cost creates a lucrative market condition for traffickers and increases migrants' vulnerability to traffickers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 26
- Paragraph text
- Thus, a brief analysis of some of the root causes of trafficking shows that there is a wide range of intertwined factors at play. One single factor such as poverty, gender discrimination or lack of employment opportunities per se does not necessarily lead to trafficking; rather, it is the combination of multiple factors that may place certain individuals at a higher risk of being trafficked. Thus, measures aimed at addressing the root causes of trafficking should be based on the recognition that trafficking is caused by a lack of comprehensive protection of such human rights, as freedom from discrimination, the right to work, the right to an adequate standard of living and freedom of movement. As an example, the United Nations Children's Fund (UNICEF) advocates for a comprehensive child protection system rather than measures that focus narrowly on trafficking. In its "system-building" approach, UNICEF promotes shifts towards building and strengthening social welfare, changing social behaviour and improving the legal and justice system for child protection in a holistic manner, based on the principles enshrined in the Convention on the Rights of the Child. This approach can be offered to other groups at high risk of being trafficked, such as women or ethnic minorities, so that prevention measures are designed to protect the human rights of potential victims of trafficking in a comprehensive manner rather than focusing on alleviating one factor. Consistent with this approach, the Special Rapporteur welcomes the recent adoption by the General Assembly of the United Nations Global Plan of Action against Trafficking in Persons (resolution 64/293) in which Member States affirmed their commitment to adopt and implement comprehensive policies and programmes at the national level to prevent trafficking in persons in line with relevant policies and programmes on migration, education, employment, gender equality, empowerment of women and crime prevention.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 27
- Paragraph text
- The need for this "system-building" approach may be illustrated by experiences in poverty-reduction programmes. While such programmes may be often implemented as a preventive measure, experience suggests that increasing economic empowerment alone does not necessarily reduce the incidence of trafficking. In this regard, the International Labour Organization (ILO) stresses the importance of "packaging" interventions so that measures such as microfinance and other income-generating activities are combined with measures to address other factors that create conditions in which people are vulnerable to trafficking. The ILO project to combat trafficking in children and women in the greater Mekong subregion is a good example of how various interventions were integrated into one package and successfully mitigated vulnerability to trafficking. In this project, ILO combined information-sharing, capacity-building, awareness-raising, communication campaigns and direct assistance through employment creation, vocational skills training, educational support and microcredit schemes, particularly targeting at-risk women and children and their families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 28
- Paragraph text
- Prevention programmes should also strategically target individuals who are at particular risk of being trafficked. This essentially requires a careful assessment of the salient characteristics of individuals who are being trafficked from a particular community to understand why they are vulnerable to trafficking. The experience of the United Nations inter-agency project on human trafficking in South-East Asia confirms that research into the circumstances in which people are trafficked is crucial, for it is the most important method by which evidence on the experience of trafficked persons is collected and by which preventive strategies can be made evidence-based, rather than being based on guesses or prejudice. The needs assessment of one village in the Lao People's Democratic Republic carried out by the project reinforces this point. The village was initially targeted for a microfinance project aimed at preventing trafficking, having regard to certain risk factors. This included the fact that the village was one of the poorest provinces, inhabited by the Hmong ethnic minority population, which has limited access to education and a low literacy rate. The needs assessment revealed, however, that there was a low risk of trafficking, as the village was far from the main road and traffickers were not known to be active in the area. Furthermore, the population did not have much aspiration or desire to seek another lifestyle. Thus, while donors were keen to invest resources in this project for the purpose of preventing trafficking, this would have achieved very little in terms of prevention, as the project was not strategically targeted at vulnerable populations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 30c
- Paragraph text
- [Demand for the services of trafficked persons or for commodities they have been involved in producing may come from a variety of sources, including:] An employer who wants a particularly docile or subservient worker;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 31
- Paragraph text
- Demand for services is sometimes interpreted to refer primarily to the market for commercial sex, where trafficked women and girls represent a high proportion of those involved in providing commercial sex and demand comes chiefly from adult men and older adolescent boys. However, boys and some adult men are also trafficked for this purpose. Estimates provided by international organizations about the proportion of people who are trafficked to be exploited in prostitution versus those trafficked for other purposes vary, with ILO estimating in 2005 that the largest proportion had been trafficked for purposes other than the exploitation of the prostitution of others and the United Nations Office on Drugs and Crime (UNODC) estimating in its own global report in 2009 that the majority had been trafficked for sexual purposes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Adolescents
- Boys
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 34
- Paragraph text
- In addressing the demand for exploitative commercial sexual services, it is important to recognize that such demand is socially constructed in that the desire to buy sex is often encouraged by men's need to socially identify themselves as "real men" or "adults". The feminized entertainment and sex industry is predicated on male-centred ideological assumptions: that sex services are largely a male right and a commodity; that commercial providers of sex services are largely women; and that women in prostitution exist as sexualized and commodified bodies. The Special Rapporteur notes that there are divergent perspectives on how to tackle the demand for exploitative commercial sexual services. At one end of the spectrum is the argument that prostitution is inextricably linked to trafficking in persons and thus that trafficking cannot be prevented without curbing the demand for prostitution. On the basis of that approach, some States have adopted legislation that criminalizes the buying or soliciting of sexual services, which has reportedly led to a significant reduction in the number of foreign women engaged in street prostitution, thus creating an unprofitable market for sex trafficking. At the other end of the spectrum, the "free choice" advocates draw a clear distinction between prostitutes who voluntarily work in the sex industry and trafficked persons who are forced to work as prostitutes. They do not view the abolition of prostitution as an effective strategy for reducing the incidence of trafficking and advocate for prostitutes' right to earn their livelihood and to organize themselves to assert their rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 36
- Paragraph text
- As has been observed, while proponents on both sides of the debate hold tenaciously to their convictions, there remains no conclusive link between the legalization or criminalization of prostitution and the existence of trafficking for sexual exploitation. Although the Special Rapporteur does not wish to draw conclusions in this debate, she wants to shift the attention away from exclusively tackling consumer demand and to underline the critical need to ensure that undivided attention is paid to prevention strategies that focus on tackling the structural root causes of trafficking while respecting the human rights of trafficked persons. In this context, the Special Rapporteur notes the evidence that the majority of clients of commercial sexual services are not concerned whether the services are provided by persons who are prostitutes by choice or trafficked persons. The evidence also suggests that trafficking results mainly from the demands of employers or third parties (such as recruiters, agents, transporters and others knowingly participating in trafficking) who control and exploit people, coupled with the lack of labour rights protection that allows exploitation to take place.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 37
- Paragraph text
- In this regard, despite her view that demand for all types of commercial sex should be eliminated, the former Special Rapporteur on the human rights aspects of the victims of trafficking in persons reached a different conclusion about the measures appropriate to reduce demand in cases other than prostitution, notably when goods were made by workers who had been trafficked. In her report (E/CN.4/2006/62, para. 59) she expressed the view that: States parties need not eradicate demand simply because that demand is occasionally met by goods produced by trafficked labour. For example, the consumer market for athletic shoes could be met occasionally by shoes produced by people who have been subjected to one or more of the means of trafficking listed in the Protocol definition. There are reasonable steps States parties may take to discourage the demand side of such markets without seeking to wholly eradicate the consumer demand for athletic shoes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 38
- Paragraph text
- From this perspective, the Special Rapporteur believes that it is important to address the lack of regulations and labour rights as one of the key structural factors fostering trafficking in persons, whether for sexual exploitation or labour exploitation. In destination countries, the exploitation of migrant workers often takes place in the context of economic activity that is illegal or informal, or poorly regulated or unregulated, or in sectors in which it is difficult to enforce regulatory controls and profit margins are extremely low (CTOC/COP/WG.4/2010/3/para. 15). Indeed, studies show that the demand for exploitative labour or services is almost completely absent where workers are well unionized and labour standards are routinely monitored and enforced. Therefore, it is imperative to address the demand for cheap and exploitable labour and services through the framework of labour rights protection and migration management. A good example of regulation in sectors where trafficked persons are found is the introduction by the Government of the United Kingdom of Great Britain and Northern Ireland of the Gangmasters (Licensing) Act in 2004, which created a compulsory licensing system for all employment agents supplying workers for agricultural activities, gathering shellfish and related processing and packaging activities, supervised by a special licensing authority. Thus, reforming employment laws to check abuses in sectors that have formerly gone unpoliced, such as domestic work in private houses or training and deploying labour inspectors or other officials to check the contracts and working conditions of migrant workers is imperative for preventing trafficking for exploitative labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 40
- Paragraph text
- However, there are overwhelming concerns that States construct and operationalize the concept of safe migration within the framework of the protection of national sovereignty and border security. As a result, it has been observed that measures to ostensibly promote safe migration and prevent trafficking tend to discourage migration altogether in violation of the right to freedom of movement. For instance, a number of States reportedly prohibit certain citizens from migrating, judging them to be potential victims of trafficking based on their sex, age, status or destination countries. For example, India prohibits any female household worker below the age of 30 from obtaining employment in Saudi Arabia. In this process, women are often disproportionately scrutinized, owing to the perception of their vulnerability and hence the need for State intervention to "protect" them from harm. Thus, some States prohibit women under the age of 25 from migrating without the permission of a guardian, or prohibit women from obtaining travel permits, restricting their freedom to travel in search of a livelihood or educational opportunities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 42
- Paragraph text
- These practices illustrate that some measures directed at countering trafficking or promoting safe migration are misguided and result in violations of the human rights of prospective migrants. Strategies to promote safe migration should not be based on the restriction of migration channels that States may regard as potentially dangerous without concrete evidence. Rather, any prevention strategies should be underpinned by the recognition of freedom of movement and the creation of more opportunities for legal and non-exploitative labour migration. In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration. In this regard, bilateral or multilateral agreements providing for legal labour migration are strongly encouraged. Steps must be taken, however, to ensure that such agreements are consistent with international human rights laws and standards and that the implementation of the agreements is independently monitored so that they do not result in the "exporting" of migrants under abusive working conditions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 43
- Paragraph text
- The provision of adequate information about migrants' rights, as well as practical advice on how to avoid risks during the migratory process and in destination countries, is also an integral aspect of promoting safe migration. While some Governments conduct pre-departure training programmes for prospective migrants, reports indicate that they often fall short of equipping prospective migrants with relevant knowledge about their rights or where to seek assistance when they encounter problems in destination countries. In this respect, some initiatives by non-governmental organizations provide useful lessons. A project aimed at promoting safe migration, implemented by an international non governmental organization in the Xishuangbanna Prefecture in China, is a good example of how a safe migration channel for children and young people has been created among the places of origin, transit and destination. In this project, the organization raises awareness of potential migrants in the place of origin (Manxixia) and nearby villages on the risks associated with migration and trafficking. The recruiters are registered and linked to the young people who are eligible for and interested in work. In the place of destination, the organization works with the community government of Liming and the youth league of Xishuangbanna Prefecture to raise migrants' awareness of the risks associated with migration, such as labour exploitation and trafficking. The community government also helps to mediate any labour disputes between migrants and their employers. In this manner, migrant children and youths are provided with a comprehensive pre- and post migration support and protection system.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 12
- Paragraph text
- The present report focuses on the prevention of trafficking in persons, which is an integral part of the comprehensive framework to combat and eradicate such trafficking. While the increased attention on the issue of trafficking in recent years has resulted in numerous initiatives and programmes aimed at preventing trafficking in persons, there are concerns that some of them result in the violation of human rights of trafficked persons, particularly when they are not designed on the basis of accurate data and evidence or when the impact and effectiveness are not closely monitored and evaluated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 15
- Paragraph text
- Through the adoption of the Universal Declaration of Human Rights, Member States pledged to promote universal respect for and observance of human rights and fundamental freedoms. In combating trafficking in persons, this is a fundamental starting point that which warrants more attention than it currently receives, as violations of human rights are both a cause and a consequence of trafficking in persons (E/2002/68/Add.1, guideline 1). Thus, universal respect for human rights must be ensured not only as a goal in itself, but also as a means of preventing trafficking in persons while placing the human rights of trafficked persons at the centre of all prevention efforts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 44
- Paragraph text
- Raising the awareness of potential victims about the risks associated with trafficking is an essential part of prevention strategies. A study conducted by UNICEF showed that the vast majority of trafficked children had very little information about the risks of abuse and exploitation. This demonstrates the importance of providing potential victims of trafficking with appropriate and adequate information about the risks of human trafficking. In fact, awareness-raising campaigns targeted at potential victims of trafficking appear to be the most common prevention measures in many countries of origin, owing, perhaps, to the lower complexity of designing and implementing such campaigns. While this has resulted in a plethora of large-scale public campaigns in many countries, reports suggest that the campaigns do not always reach groups that are at higher risk, that many of them use detrimental images of women and girls and convey distorted messages about the risks involved in trafficking and that their impact is barely monitored and evaluated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 45
- Paragraph text
- The Special Rapporteur is especially concerned that many awareness-raising campaigns simply use scare tactics to prevent people from leaving home. Such campaigns are counterproductive and cause unintended negative effects. There are reports, for instance, that awareness-raising campaigns resulted in a decrease in children's school attendance because the parents were afraid that their children might be abducted and refusal by some to travel overseas because the traveller thought she would be trafficked if she left the village. Furthermore, some awareness-raising campaigns may result in the unintentional stigmatization of certain groups of trafficked persons, such as women. The Special Rapporteur observed that many of the images and messages used in awareness-raising campaigns tend to focus on women trafficked for forced prostitution, thereby giving the public the wrong impression that trafficking is about prostitution and that all trafficked women are prostitutes. In some countries, such misdirected awareness-raising efforts have reportedly produced overly suspicious law enforcement officers who hinder the exercise by women and girls of the freedom to travel abroad. In addition, such stereotyping and stigmatization may pose obstacles to the reintegration process upon their return to their communities. For example, the Special Rapporteur discovered during her country visit to Belarus that male victims trafficked especially for forced labour in the Russian Federation refused or were very reluctant on their rescue and return to take advantage of psychosocial support designed for the recovery and reintegration of victims owing to the prevailing severe stigmatization in the community of persons who have been trafficked.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 46
- Paragraph text
- These analyses provide useful insights into the key elements of effective awareness-raising. First, awareness-raising campaigns must be based on accurate and adequate information. Before embarking on such campaigns, it is important to acquire a solid understanding of the manifestations of trafficking in a given context. Awareness-raising based on inaccurate or insufficient information may leave potential victims off-guard. For example, one study showed that information campaigns in the Republic of Moldova had disseminated information that the main destination country was Turkey, when in reality it was the Russian Federation. It is desirable to conduct a needs assessment or study to identify what the target audience already knows and does not know in order to ensure the maximum impact. It is simply not useful or effective to implement broad-brush campaigns to "stop human trafficking" if the populations do not even know what human trafficking really is.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 47
- Paragraph text
- Second, it is important to recognize that awareness-raising is never enough in itself to prevent trafficking and needs to be complemented by programmes that reduce the vulnerability of potential victims and provide them with viable alternatives. Awareness-raising campaigns implemented alone as a preventive measure are based on the assumption that increased awareness of trafficking issues will encourage people to make alternative decisions that minimize their risk of being trafficked. While this may work well in some circumstances, it disregards the dynamic "push" factors that compel people to leave home despite their knowledge of the risks. The anti-child trafficking project implemented by an international non governmental organization for children from the Egyptian community in Albania is a good example of how the provision of information was combined with efforts to reduce the vulnerability of children who are particularly at risk of being trafficked. After finding that there was a correlation between children dropping out of school and their risk of being trafficked, the organization strategically provided advice and material support to families with children at risk.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 48
- Paragraph text
- Third, the powerful role of the media should be fully acknowledged and exploited in awareness-raising campaigns. The media has tended to sensationalize stories of trafficked persons and highlight their "victimhood" rather than educating the public about the underlying social and economic factors that led to the violation of their human rights. Given its influential role and ability to reach wider audiences, however, the innovative use of media should be built into awareness-raising activities. The ILO project to combat trafficking in children and women in the greater Mekong subregion is a good example of the effective use of a radio programme and television drama in Cambodia to provide adolescents with practical information about safe migration and warnings about trafficking. Given the large number of existing information campaigns, it is also useful to deploy innovative methods to disseminate anti-trafficking messages. The MTV EXIT (End Exploitation and Trafficking) campaign, for example, used the power and influence of music, film and celebrity to attract the interest of youths in trafficking issues. In addition to producing a number of documentaries, animated films and music videos, it held live concerts across Asia and Europe featuring local and international artists. It maintains profiles on social networking and video-sharing sites such as MySpace, Facebook and YouTube. The Blue Heart campaign, an awareness-raising initiative launched by UNODC in 2009, also makes use of social networking sites to reach out widely. While the impact and effectiveness of such campaigns needs to be analysed and assessed more closely, the innovative use of media and information technology to reach out to youth appears to have a positive impact.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 50
- Paragraph text
- One of the core values of human rights-based programming is the participation of rights holders in developing policies and programmes that affect their interests. The importance of the participation of rights holders is recognized in a number of international instruments, including the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. In line with the Declaration on the Right to Development (resolution 41/128, annex), the participation of rights holders should be active, free and meaningful, so that it goes beyond mere consultation and empowers rights holders to reflect their views and expectations in the relevant policies and programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 51
- Paragraph text
- In preventing trafficking in persons, the participation of trafficked persons in designing and implementing prevention measures is critical. Policies, initiatives and programmes informed by the voices of trafficked persons will be more effective, as trafficked persons can provide crucial information about why they left their homes and what strategy or support was needed to prevent them from being trafficked. In the context of child trafficking, the participation of children is particularly important, as it empowers them to become the key actors in making decisions affecting their interests and mitigates the power imbalance of adults over children. Furthermore, the role of children is important in awareness-raising and peer-to-peer education, as children are often more willing to listen to their peers than to adults.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 52
- Paragraph text
- There are some promising practices of meaningful participation for the trafficked persons. For instance, an ILO awareness-raising programme in Brazil, which targeted young girls at high risk, was designed on the basis of real-life experiences of women who were trafficked and repatriated. There have been also examples of self-help groups formed by returnee trafficked persons that actively design, develop and implement income-generation projects. In the context of children affected by trafficking, the guidelines of the Association of Southeast Asian Nations for the protection of the rights of trafficked children in the region led to a consultation in the Philippines with trafficked children so that their views on which measures would be appropriate to include in the guidelines could be obtained.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 53
- Paragraph text
- Notwithstanding these promising practices, it has been observed that ensuring the effective participation of trafficked persons in policymaking processes is often difficult in reality, as officials and policymakers are still unfamiliar with the idea of reflecting trafficked persons' views in Government policies. The Mekong Children's Forum on Human Trafficking and the Mekong Youth Forum illustrate this point. Both involved a series of national forums in countries in the greater Mekong subregion, followed by subregional forums where representatives of each country came together and submitted recommendations to the policymakers of the Coordinated Mekong Ministerial Initiative against Trafficking. At senior officials' meetings in 2007 and 2008, the member Governments expressed and reiterated their commitment to listen to the voices of the children and young people and include their suggestions for addressing human trafficking. While both Forums increased the visibility of children in policymaking processes and sensitized Government officials to the importance of children's participation, it is still unclear how their recommendations are translated into national or subregional policies on combating trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 55
- Paragraph text
- While these standards do not specifically refer to trafficking in persons, businesses cannot shy away from this issue. Businesses are a significant part of the human trafficking chain, as they could be directly linked to it through the recruitment, transport or receipt of workers for purposes of exploitation. They can also be indirectly associated with trafficking through the actions of others, such as suppliers, subcontractors, business partners, labour brokers or private employment agencies. The active participation of businesses in the fight against trafficking has a number of advantages. To the extent that human trafficking involves many stakeholders and cannot be addressed by a single one of them, the participation of businesses will enhance partnerships and cooperation among all concerned. Such partnerships can, in turn, facilitate the mobilization of resources. Taking part in preventing trafficking is also beneficial for businesses, as it promotes a better corporate image and demonstrates leadership in the area of corporate social responsibility.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 56
- Paragraph text
- The recognition of the private sector's role in combating trafficking culminated in the Athens Ethical Principles in 2006 under the leadership of the Suzanne Mubarak Women's International Peace Movement. The Movement has been instrumental in mobilizing the private sector and raising awareness of its responsibility to take part in the fight. Under the Principles, businesses voluntarily pledge, inter alia, to demonstrate a zero-tolerance policy towards trafficking in persons and to contribute to the prevention of trafficking in persons, including awareness-raising campaigns and education. Those commitments were reaffirmed in the Manama Declaration on Human Trafficking at the Crossroads, adopted in 2009 at a conference held in Bahrain.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 57
- Paragraph text
- While these are positive developments, the impact of the Athens Ethical Principles and other "soft" legal instruments is still unclear, and numerous challenges lie ahead in ensuring that businesses are not implicated in human trafficking. Furthermore, such instruments do not reach small or medium-sized enterprises or informal industries in which trafficked persons may often be exploited, such as brothels, clubs, bars, factories, restaurants and recruitment agencies. In addition, such enterprises or industries are less concerned about risk to their reputation, which means that profits may be prioritized over the protection of human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 58
- Paragraph text
- Nevertheless, there are encouraging signs that public-private partnerships can contribute to the prevention of trafficking, especially through the provision of vocational training and employment opportunities to vulnerable groups. In India, the Ministry of Women and Child Development has been active in promoting the public-private partnership and established the first think tank on public-private partnership to address the issue of trafficking in 2008. This led to the establishment of the Apparel Export Promotion Council to provide training in apparel production to family members of trafficking survivors. The training programme was followed by employment in factories as a means of reducing their vulnerability to trafficking. In the hospitality industry, the International Confederation of Indian Industry and the International Institute of Hotel Management provided skills training in housekeeping and in goods and beverage retail management. Following the completion of the training, the Andhra Pradesh Tourism Development Corporation (a government agency) and Sinar Jernih provided employment opportunities to successful candidates of this joint training programme.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 64
- Paragraph text
- The recommendations of the Special Rapporteur are set out below.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 68
- Paragraph text
- The protection of the human rights of migrants is of paramount importance in preventing exploitation that leads to trafficking. Thus, States should respect, protect and promote the human rights of migrants, particularly labour rights in sectors where such protection has traditionally been weak or absent, such as domestic work. To that end, States should sign, ratify and enforce all relevant human rights instruments, in particular the Palermo Protocol and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Prevention of trafficking in persons 2010, para. 71
- Paragraph text
- States should recognize that creating opportunities for regular labour migration that respond realistically to the economic and societal demand for such migration rather than artificially restricting legal migration channels is the key to preventing trafficking in persons. Among other measures, States should actively seek to adopt bilateral and multilateral agreements providing for legal labour migration, particularly for low- and semi-skilled labour. This should be designed, implemented and monitored with the active participation of migrant workers themselves to ensure their effectiveness in promoting safe migration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 15
- Paragraph text
- Numerous cooperation mechanisms already exist at the international level, with international organizations such as the United Nations Office on Drugs and Crime (UNODC), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF), the Office of the High Commissioner for Human Rights (OHCHR) and the International Organization for Migration (IOM), carrying out research, awareness-raising activities and training, developing legal instruments and guidelines and funding field projects. However, efforts at that level are not sufficient. They need to be complemented and adapted to a regional perspective, which provides a better setting for closer cooperation, facilitated by a stronger feeling of ownership and greater adaptability to local approaches and realities on the ground.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 16
- Paragraph text
- In this context, a number of regional organizations have embarked on regional cooperation activities in this area, with very different modalities. In some cases, organizations created with broad cooperation objectives decided to include the fight against trafficking in their activities. In other cases, new regional cooperation mechanisms have been created solely for the purpose of combating trafficking in persons. However, a number of them still do not address the trafficking phenomenon in a comprehensive manner, failing to take a victim-centred and human rights-based approach to combating human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 17
- Paragraph text
- African States have started taking coordinated action both at the regional and subregional levels. At the level of the AU, the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, was adopted by Ministers of Foreign Affairs, Migration and Development from Africa and the EU in November 2006, at the Africa-EU Ministerial Conference on Migration and Development, held in Tripoli in the framework of the Africa-EU Strategic Partnership. The Action Plan provides specific recommendations to be implemented by Regional Economic Communities (RECs) and member States based on a three-pronged strategy: prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 19
- Paragraph text
- ECOWAS and ECCAS decided to combine their efforts and, in July 2006, adopted a joint biregional plan of action for the period 2006-2008, together with a resolution and a multilateral cooperation agreement. This biregional plan of action reaffirms the ECOWAS Initial Plan of Action and extends efforts to combat trafficking into the Central African region. It emphasizes that member States should ensure the ratification and implementation of relevant international instruments, and sets out seven strategies in the following priority areas: legal framework and policy development; victim assistance and protection; prevention and awareness-raising; collection and analysis of information; training and specialized capacity-building; travel and identity documents; monitoring and evaluation of implementation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 21
- Paragraph text
- OAS is strongly engaged in combating human trafficking on the American continent. At the political level, the OAS General Assembly has adopted resolutions that express the commitment of member States in this regard. At the level of the secretariat, the OAS Anti-Trafficking in Persons Unit provides specialized training and assistance to member countries to implement the Palermo Protocol and the recommendations stemming from the OAS Meetings of National Authorities on Trafficking in Persons. The secretariat primarily focuses on awareness-raising, provision of training, dissemination of international legal frameworks and the sharing of good practices to enable States to combat trafficking more effectively, taking both a human-rights and a gender perspective.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 23
- Paragraph text
- A number of initiatives have been launched to combat human trafficking in the Asia-Pacific region. ASEAN has adopted the "ASEAN Declaration against Trafficking in Persons, Especially Women and Children" (2004), followed by the adoption of a Work Plan to implement the Declaration. The main objectives of the Work Plan are to facilitate the exchange of information and experience on trafficking, strengthen regional and international cooperation to prevent and combat trafficking, and facilitate donor coordination. The Working Group on Trafficking in Persons, established under the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC), is in charge of monitoring the implementation of the Work Plan. ASEAN launched its first programme, Asian Regional Cooperation to Prevent People Trafficking (ARCPPT) (2003-2006), which was implemented by the Australian Government. The Project focused on criminal justice responses to trafficking in partner countries. Following its success, the Project was extended to 2011 as the Asia Regional Trafficking in Persons Project (ARTIP).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 24
- Paragraph text
- In the Mekong region, six Governments (Cambodia, China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam) established the COMMIT Process in 2004. The COMMIT Subregional Plan of Action for 2008-2010 contains eight key activities: Training and Capacity Building; National Plans of Action; Multilateral and Bilateral Partnerships; Legal Frameworks, Law Enforcement, and Justice; Victim Identification, Protection, Recovery and Reintegration; Preventive Measures; Cooperation with the Tourism Sector; and Coordination, Monitoring and Evaluation. Activities are being implemented in partnership between relevant government departments and non-government entities, whether United Nations agencies or non-governmental organizations (NGOs). The United Nations Inter-Agency Project on Human Trafficking (UNIAP), which was established in 2000 with a mandate to facilitate a stronger and more coordinated response to trafficking in persons in the Mekong region and beyond, acts as secretariat to COMMIT.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 26
- Paragraph text
- Finally, the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, a consultative mechanism launched in 2002 by the Ministers of over 50 countries in the Asia-Pacific region and beyond, works on practical anti-trafficking and anti-smuggling measures in the region, through the following key approaches: promotion of cross-agency responses; developing model legislation to address human trafficking; training of law enforcement officers on the provision of protection and assistance to victims of trafficking, particularly women and children; enhancing operational techniques relating to child sex tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 27
- Paragraph text
- Since the late 1980s, the CoE has raised awareness and encouraged action in the field of human trafficking in a number of recommendations. In 2005, it went further by adopting a legally binding instrument, the CoE Convention on Action against Trafficking in Human Beings (CoE Convention), which entered into force in 2008. While other international instruments already existed in the field, the CoE Convention is the only comprehensive treaty focusing on the protection of victims of trafficking. The Parliamentary Assembly of the CoE is also involved in the fight against trafficking, through its Subcommittee on Trafficking in Human Beings. Besides the adoption of various resolutions, the Parliamentary Assembly adopted a Handbook for Parliamentarians on the CoE Convention.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 28
- Paragraph text
- The work of the EU on anti-trafficking has become an important part of its agenda in the last 10 years, notably with the adoption in 2002 of the Framework Decision on combating trafficking in human beings (which is currently being revised) and the 2004 Directive on the residence permit issued to Non-EU member country nationals who are victims of trafficking in human beings and who cooperate with the competent authorities (Council Directive 2004/81/EC). An Expert Group on Trafficking in Human Beings was established in 2003, and the action plan on strengthening the EU external dimension on action against trafficking in human beings was adopted in 2009. Amongst the main tasks of the EU are the development of policies and legislation, the provision of financial and political support for anti-trafficking projects and the provision of guidelines and technical assistance at the national level.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 29
- Paragraph text
- OSCE has addressed trafficking in persons as a major concern since 2000, when the first Ministerial Council Decision on enhancing the OSCE's Efforts to Combat Trafficking in Human Beings was taken. In 2003, the OSCE Action Plan to Combat Trafficking in Human Beings was adopted, and in 2006 the Special Representative and Coordinator for Combating Trafficking in Human Beings was appointed. In 2007, a Platform for Action against Human Trafficking was adopted, which focuses on six priority areas: encouraging action at national level and establishing national anti-trafficking structures; promoting evidence-based policies and programmes; stepping up efforts to prevent trafficking in human beings; prioritizing action against child trafficking; addressing all forms of trafficking in human beings; promoting effective assistance and access to justice for all victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 35
- Paragraph text
- A solid, comprehensive normative and institutional framework, whereby the commitment to tackling trafficking is expressed at the highest level, is an essential starting point for building an effective response to human trafficking. From analysis of the information collected, the Special Rapporteur noted that several organizations have adopted a formal international agreement in the form of a convention, an agreement or a memorandum of understanding (MOU), while others base their work on a document of a declaratory nature. For example, COMMIT was established by a MOU adopted at the ministerial level, which has proved to be a solid foundation for its work.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 36
- Paragraph text
- Other regional bodies have adopted declarations as their reference legal instruments, which can also be an effective solution when followed by a specific plan of action, as has been the case for ASEAN and ECOWAS. Other regional mechanisms have gone as far as adopting conventions, legally binding instruments which not only confer rights and duties on Governments, but also entitle individuals within their jurisdiction to claim the rights contained therein before the courts. A notable example is the CoE Convention, which is an excellent example of using a rights-based approach to combating trafficking in persons. While it also aims at preventing trafficking and prosecuting traffickers, it is the only regional international treaty in this area that primarily focuses on the rights of the victims. Importantly, the Convention is open to ratification by States which are not members of the CoE.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 41
- Paragraph text
- One of the added values of regional mechanisms is the adoption of a common workplan at the regional level, setting out common strategies and actions to be taken within a region. This has proved to be a key step to providing a sound platform on which States may shape their national policies. As opposed to formal agreements or declarations establishing regional mechanisms, which are more general, regional action plans include specific measures and strategies to guide States in developing their national strategies. Moreover, a common action plan promotes a unified vision to fight human trafficking within a region: on that basis, national strategies will be developed with similar approaches. Practically all existing regional mechanisms have developed their regional action plans. The Arab initiative for building national capacities to combat human trafficking is due to be launched at the end of March 2010.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 42
- Paragraph text
- Another key element appears to be the establishment of regional monitoring bodies to meet regularly and review the degree of implementation of normative instruments and related workplans. For example, SAARC established a Regional Task Force in 2006, which meets yearly to monitor and assess the implementation of the Convention. OSCE created the mandate of the Special Representative, who publishes annual reports providing an assessment of the Action Plan's implementation, the activities conducted and the related achievements. The CoE has established a monitoring mechanism based on two pillars: the Group of Experts on Action against Trafficking in Human Beings (GRETA), composed of independent experts, and a Committee of the Parties, a political body. GRETA reviews the implementation of the convention by the parties and publishes recommendations to the Committee of the Parties, which also makes recommendations on measures to be taken by parties to implement GRETA's conclusions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 43
- Paragraph text
- In addition, regional organizations have an essential role as catalysts and advisers in promoting the adoption of national plans of action (NPAs). In many instances, regional mechanisms have been able to guide States in the development of NPAs, also with the objective that countries of a same region would adopt similar national plans, in order to better cooperate and share information and experiences. For example, as a result of the CoE LARA Project designed to support the reform of criminal legislation in South-Eastern Europe (2002-2003), nearly all the participating countries have adopted NPAs against trafficking in human beings covering prevention, prosecution of traffickers and protection of the victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 46
- Paragraph text
- Regional mechanisms have a key role in facilitating the development and strengthening of bilateral cooperation mechanisms between countries of the same region. In this regard, ASEAN has facilitated the conclusion of bilateral meetings to combat trafficking between countries, in particular between Thailand and the Lao People's Democratic Republic and between Cambodia and Viet Nam. COMMIT, when assisting countries in the development of bilateral mechanisms on human trafficking, particularly insists on the inclusion of effective implementation and monitoring mechanisms, and follows up with the organization of regional seminars to that effect. It also insists on the importance of integrating the agreement into governmental mandates and budgets.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 47
- Paragraph text
- Another possible approach is the development by regional organizations of bilateral relations with third countries or organizations. An interesting initiative in this regard is set out in the EU Action Oriented Paper on strengthening the EU external dimension on action against trafficking in human beings. It provides that where human trafficking is of particular mutual concern between the EU and key third countries or regions, the parties could set up specific Anti-Trafficking in Human Beings Partnerships or specific agreements. The partnerships should be based on an assessment of needs, inter alia from the perspective of a victim-centred and human rights-based approach, and opportunities for practical operational cooperation. This is an innovative type of bilateral agreement that would allow for a partnership between a regional organization and a country that is not a member, and also between subregional mechanisms, on a case-by-case basis depending on needs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 48
- Paragraph text
- Similarly, the EU Action Oriented Paper provides that, in response to a new trend or pattern, for instance a noticeable increase in the number of victims of trafficking from a similar area or travelling route, it may deem it necessary to develop a joint effort in partnership with a third country, region or organization. For this purpose, Swift Action Teams (SATs) may be established, composed of experts from Europol and Frontex. A SAT can be deployed to support a specific third country, region or international organization, for example to assist third countries in identifying victims of trafficking at airports before they board and providing training on the identification of victims and forged identity papers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 50
- Paragraph text
- In addition to establishing national coordination bodies, some regional mechanisms have promoted the establishment of specialist counter-trafficking units within law enforcement structures. In this regard, the ASEAN Asia Regional Cooperation to Prevent People Trafficking (ARCPPT) criminal justice project achieved significant outcomes, including the establishment of Specialist Counter-Trafficking Response Units in almost all 10 ASEAN countries and biannual meetings between the Heads of these Units, comprising three senior police officers from each country. These measures have enhanced expertise and cooperation between the police services of each country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 54
- Paragraph text
- In addition, regional mechanisms have developed tools such as model laws and handbooks, and convened workshops at the regional level to operationalize these tools. For example, LAS adopted an "Arab guiding law on fighting human trafficking" in 2005, and organized a workshop on "The mechanisms to combat human trafficking in Arab legislation" in Cairo in 2007. The conference provided first-hand information on how far countries have progressed through legal action in combating trafficking in persons. Similarly, the Bali Process cooperates with countries on anti-trafficking legislation, using a model law developed by China and Australia.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 57
- Paragraph text
- For example, in 2009 the SAARC Regional Task Force developed a Standard Operating Procedure to implement various provisions of the SAARC Convention on Preventing and Combating Trafficking in Women and Children. Other organizations have developed guidelines on specific topics of concern. For example, ASEAN has developed the Practitioner Guidelines on Criminal Justice Responses to Trafficking in Persons (2007) to provide guidance to criminal justice practitioners on investigation and prosecution of trafficking cases as well as on regional cooperation in this regard. Also, the 2009 ASEAN Handbook on International Cooperation on Trafficking in Persons provides criminal justice officials with an introduction to the key tools of international cooperation, specifically mutual legal assistance and extradition in relation to trafficking cases.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 66
- Paragraph text
- OAS has been very active in the provision of training on human trafficking. Through its programmes, consular officers, diplomats, peacekeepers, public security officers and migration officials, together with personnel from various government ministries and civil society in Latin American countries, have had the opportunity to analyse different scenarios to prevent and combat trafficking and learn about the profiles of victims of trafficking, including gender and age as determining factors. Interest was expressed by participants regarding the inclusion of the training materials in the curricula of diplomatic academies. As a result, in 2009 nine countries have confirmed the inclusion of OAS training materials in the curricula of their diplomatic academies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 70
- Paragraph text
- The EU has launched several initiatives aimed at designing a standardized system for the collection of qualitative and quantitative data and analysis of human trafficking. While this is still in progress, its intention is that, once completed, the system would be shared with a view to developing a common or at least comparable template in the EU and third countries for the collection of data relating to all aspects of trafficking. In this regard, a Ministerial Conference on "Guidelines for the Collection of Data on Trafficking in Human Beings, Including Comparable Indicators" was held on 23-24 February 2009 by the Austrian Ministry of the Interior, IOM and the EU.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 71
- Paragraph text
- Prevention encompasses multiple aspects, from awareness-raising to training, research and development projects. In its latest Work Plan (COMMIT SPA II (2008-2010), COMMIT in the Mekong region has centred its prevention policy on the risks linked to unsafe migration. It includes activities such as research on formal versus informal recruitment of migrant workers, developing regional guidelines, taking direct measures to reduce vulnerabilities in source areas, in the migration and recruitment processes and in workplaces, and promote closer cooperation between sending and receiving countries in monitoring working conditions of migrant workers. COMMIT also promotes the inclusion of trafficking training in secondary school curricula.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 72
- Paragraph text
- Awareness-raising for persons vulnerable to trafficking and action aimed at discouraging demand are among the prevention measures adopted by the CoE. In this context, it launched the anti-trafficking campaign "Human beings - not for sale" (2006-2008). Forty-one (41) countries participated in the 11 awareness-raising seminars, which aimed to highlight the type of preventive measures that can be taken. The CoE also published a comic strip "You're not for sale" in 17 languages, aimed at raising awareness of the dangers of trafficking among young people. Finally, in 2007 it prepared a study entitled "Trafficking in human beings: Internet recruitment" on the misuse of the Internet for the recruitment of victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 73
- Paragraph text
- Similarly, the AU.COMMIT Campaign aims at curbing both the supply and demand for human trafficking, in partnership with several United Nations agencies. The Campaign included the production of television advertisements, the distribution of 1,000 copies of the Ouagadougou Action Plan, of 1,000 T-shirts with the slogan "AU.COMMIT: Stop Trafficking" and of 1,000 copies of pamphlets, pins, posters, etc. In line with the three main strategies of the Ouagadougou Plan of Action, the AU.COMMIT Campaign will be implemented in three phases, focusing in 2009-2010 on prevention of, and response to, trafficking, in 2010-2011 on protection of victims and in 2011-2012 on prosecution of traffickers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 74
- Paragraph text
- In terms of protection, proper identification of victims is the first and fundamental step. However, it is probably the most difficult, for which considerable capacity-building efforts are required. On this issue, the EU joined forces with ILO to launch the DELPHI method to establish indicators for each type of trafficking. This is a valuable tool to assist law enforcement officials in the identification of victims. Moreover, the EU Commission developed "Recommendations on the identification and referral to services of victims of trafficking in human beings". Since training is crucial in this area, a seminar was held under the Austrian EU Presidency with experts from Governments and NGOs at which best practices in the field of identification and support for victims were discussed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 75
- Paragraph text
- Another essential step in guaranteeing the protection of victims is the establishment of adequate referral mechanisms. OSCE has been very active in this regard, promoting the establishment of national referral mechanisms and victim assistance systems at the national level, in order to ensure that all victims have access to support services tailored to the individual victim's needs, from the point of identification up to that of reintegration in society. In this regard, OSCE has developed a practical handbook on "National Referral Mechanisms - Joining Efforts to Protect the Rights of Trafficked Persons".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 76
- Paragraph text
- Also, in April 2009, ECOWAS Ministers adopted a Regional Policy for Protection and Assistance to Victims of Trafficking in Persons in West Africa, which aims at establishing a supportive environment in the subregion where victims of trafficking have equitable access to protection and assistance. SAARC recommended the establishment of regional uniform toll-free numbers for information on the issues relating to trafficking in women and for violence against children in member States. Within the framework of the Bali Process a number of workshops have been organized on the provision of support to victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 77
- Paragraph text
- Finally, the CoE Convention sets out a wide range of assistance measures, including physical and psychological assistance and support for the reintegration of victims of trafficking into society. Medical treatment, counselling and information as well as appropriate accommodation are all among the measures provided. Victims are entitled to a minimum of 30 days to recover and escape the influence of the traffickers and to take a decision regarding their possible cooperation with the authorities. A renewable residence permit may be granted if their personal situation so requires or if they need to stay in order to cooperate in criminal investigations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 78
- Paragraph text
- The Ouagadougou Action Plan contains specific measures on rehabilitation aimed at establishing a minimum standard for the rehabilitation of victims in the region. It calls upon States to establish rehabilitation centres to assist victims of human trafficking, to ensure their safety and facilitate their recovery and social reintegration, and to exchange documentation on lessons learned regarding recovery, repatriation and reintegration. Importantly, it also calls upon States to develop programmes for the rehabilitation and social reintegration of children trafficked in order to become child soldiers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 81
- Paragraph text
- ASEAN supports cross-border investigations and has developed practical tools in this regard, as mentioned above. In addition, it has undertaken activities directed at promoting cooperation between the criminal justice process and victim support agencies, through working groups, workshops and conferences. This is extremely relevant, since protection and assistance to victims and witnesses is essential, not only to protect the human rights of victims, but also to achieve results in the investigation. Only victims and witnesses who feel protected and assisted will be in a position to provide useful information and testimony.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 82
- Paragraph text
- The Ouagadougou Action Plan underlines some major issues with regard to the participation of victims in judicial proceedings. In particular, while encouraging victims of trafficking to testify in the investigation and prosecution, States are urged to give due consideration to the safety and security of victims and witnesses at all stages of legal proceedings, in particular with regard to children. It also calls upon States to adopt specific measures to avoid criminalization of victims of trafficking, as well as the stigmatization and the risk of re-victimization. Finally, it invites States to consider legislation to provide for administrative, civil or criminal liability of legal persons or their representatives for trafficking offences in addition to the liability of natural persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 83
- Paragraph text
- COMMIT in the Mekong region, through its secretariat, conducts case monitoring and analysis to identify lessons learned and address barriers to appropriate investigative, prosecutorial and judicial responses to trafficking. On that basis, it develops handbooks that include practical guidance and standard operating procedures, with a focus on the protection of victims as well as on cross-border cooperation. Another focus is the creation and strengthening of specialist Anti-Trafficking Units for investigation and prosecution, and the promotion of cross-border cooperation between these Units. For these purposes, targeted training for law enforcement officials is being conducted at the regional level and assistance provided for national level training in local languages.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 86
- Paragraph text
- The right of trafficked victims to redress is recognized by the Palermo Protocol, which states that "Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered" (art. 6.6). The OHCHR Guidelines also recommend that "States shall ensure that trafficked persons are given access to effective and appropriate legal remedies" (Principle 17), and that "States shall, in appropriate cases, freeze and confiscate the assets of individuals and legal persons involved in trafficking. To the extent possible, confiscated assets shall be used to support and compensate victims of trafficking" (Principle 16).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 88
- Paragraph text
- The right to access effective legal remedies including compensation for victims of trafficking is dealt with for the first time in a regional legally binding instrument in article 15 of the CoE Convention. This article stipulates that victims should have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings in a language which they can understand. They should also have access to free legal aid. This article also recognizes the right of victims to compensation and requests States parties to adopt legislative and other measures to guarantee compensation for victims. These measures can include the establishment of a fund for victim compensation and measures or programmes aimed at social assistance and integration of victims, which could be funded by confiscated traffickers' assets and proceeds. In 2008, OSCE also published a study on "Compensation for Trafficked and Exploited Persons in the OSCE Region".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 92
- Paragraph text
- The Ouagadougou Action Plan recognizes that the empowerment of women and girls through national policies is an important part of combating trafficking, and that a gender perspective should be applied when adopting and implementing measures to prevent and combat trafficking in persons. In that context, it calls upon States to promote the empowerment of girls and women in their national policies, and to take measures to eliminate harmful customs and traditional practices and to counter cultural stereotypes, which can lead to trafficking in persons. Moreover, it invites them to provide viable employment or other livelihood opportunities for youth, particularly for young women at risk, especially in regions prone to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Youth
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 93
- Paragraph text
- Similarly, the SAARC Convention calls upon its States parties to promote awareness, inter alia, through the use of the media, of the problem of trafficking in women and children and its underlying causes, including the projection of negative images of women. Also active on gender mainstreaming in relation to trafficking, COMMIT in the Mekong region has taken the stance of involving both women and men in decision-making concerning counter-trafficking policies. On that basis, UNIAP works to ensure that every level of its work, from high-level forums with senior officials to community-based initiatives, includes both women and men, and that women are represented in positions of leadership and responsibility. The OAS secretariat promotes the inclusion of a gender perspective in all aspects of its work, and encourages OAS member States to send an equal number of male and female participants to all training provided or supported by OAS.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 97
- Paragraph text
- In some regions, cooperation efforts are mainly focused on investigating and prosecuting trafficking crimes. While this is welcome, efforts should be made to prioritize protection and assistance to victims. Efforts oriented at adopting new criminal laws and enhancing cross-border judicial cooperation to prosecute traffickers are necessary but not sufficient in themselves. Adopting a human rights-based approach to combating trafficking allows countries to tackle this phenomenon in a comprehensive and effective way, putting the rights of the victims at the centre of the process in accordance with international human rights law. A human rights-based approach also allows for effective prosecution of traffickers, putting the emphasis on the right to effective remedy for the victim. The right to access effective legal remedies and the right to compensation for victims of trafficking have received attention only from a few regional and subregional mechanisms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 99
- Paragraph text
- COMMIT in the Mekong region has taken relevant steps to include men and boys in the COMMIT national plans, anti-trafficking laws and MOUs that previously focused solely on women and children, thereby reinforcing certain myths and stereotypes about the issue. It has encouraged member States who are also parties to the Palermo Protocol to adopt its definition, which covers trafficking of all persons, including men, and in all its forms, including trafficking for labour exploitation, which in some sectors, such as agriculture or fishing, predominantly affects men. Furthermore, it acknowledges the differential risks to exploitation in sex-division of labour and addresses gender-based vulnerabilities to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Boys
- Children
- Men
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 101
- Paragraph text
- Civil society actors, particularly NGOs that have acquired specific expertise, have a role to play in the development, implementation and evaluation of anti-trafficking policies and programmes. In some cases, they are very well placed to provide services to victims or inputs into governmental policies. In this regard, the OHCHR Guidelines include various recommendations on the way NGOs and other civil society organizations should be involved in the efforts to fight trafficking, as key partners. Regional organizations have a role to play in promoting effective partnerships between Governments and civil society, and between themselves and civil society. Building such effective partnerships remains a challenge.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 103
- Paragraph text
- The CoE is one of the few organizations that has addressed the impact of new information technologies on human trafficking, issuing a report on the "Impact of the use of new information technologies on trafficking in human beings for the purpose of sexual exploitation". The fact that both the demand for, and the recruitment of, victims are increasingly being channelled through technologies such as the Internet, poses completely new challenges in terms of prevention and law enforcement responses to trafficking. Regional cooperation in the conduct of studies and the development of recommendations in this area could be instrumental.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 107
- Paragraph text
- Regional mechanisms should develop standards that reflect a human rights-based approach to trafficking, based on relevant international instruments such as the Palermo Protocol and the OHCHR Guidelines. These standards should be developed in regional legal instruments, regional and national action plans, bilateral agreements, and further set out in practical guidelines, standard operating procedures or practitioners' handbooks. Furthermore, regional mechanisms should provide assistance to countries in operationalizing these standards at the national level through capacity-building activities, most importantly training and workshops. Finally, they should be active in monitoring and evaluation, collecting data on achievements and challenges, and sharing the results of their evaluation, including good practices, with countries in their region.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 113
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Assist in the establishment of a national coordination body or a national task force with implementation, coordination and oversight responsibility, consisting of representatives from the relevant ministries - including police, justice, social welfare, labour and women's affairs - to be responsible for evaluating achievements and challenges in the country's implementation of NPAs, managing data collection and information sharing, taking decisions with regard to the need to revise strategies and coordinating efforts at the national level.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- The right to an effective remedy is a fundamental human right for all persons, including trafficked persons, which States must respect, protect and fulfil in accordance with international human rights law. It is also a well-established doctrine of international law that a State has an obligation to provide remedies where an act or omission is attributable to it and constitutes a breach of an international obligation of the State. In the context of trafficking in persons, States are under an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 15
- Paragraph text
- As discussed in the report to the Human Rights Council, restitution, as conventionally understood, may not be a suitable form of remedy where simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked. From this perspective, restitution implies States' obligations to undertake broader measures to address root causes of trafficking and to provide necessary reintegration support to trafficked persons, so as to minimize any risk of re-trafficking. For instance, where trafficked women and girls have been subjected to sexual and gender-based violence, they may face discrimination, social stigma, communal and family ostracism upon return to their families and communities, thereby resulting in their re-victimization. In this context, measures to address the root causes of trafficking, such as gender discrimination and inequality, play a crucial role in ensuring effective restitution of trafficked women and girls.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 16
- Paragraph text
- The Special Rapporteur also noted in the Human Rights Council report that returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 19
- Paragraph text
- In many States, it is possible in theory to seek compensation through criminal, civil or labour proceedings. However, as discussed in the Human Rights Council report, various obstacles render such a possibility simply illusory in practice. While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 21
- Paragraph text
- Some of these obstacles in seeking compensation clearly show that procedural rights of access to remedies are critical preconditions in realizing the substantive right to remedies for trafficked persons. For instance, States must provide trafficked persons with information relating to their rights and mechanisms available to seek remedies, as they would not be able to seek remedies unless they are aware of this essential information. As judicial and administrative proceedings are often complex in many jurisdictions, legal assistance is also crucial for trafficked persons, especially where they are not familiar with the legal system of the country concerned. In addition, regular residence permits in countries where remedies are being sought are an important prerequisite, as it would be very difficult for trafficked persons to seek remedies if they are at risk of expulsion or have already been expelled. The Special Rapporteur found, however, that these measures are often not available to trafficked persons in practice.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 23
- Paragraph text
- In addition, the Special Rapporteur stressed in the Human Rights Council report that in the case of trafficked children, special considerations apply in developing and implementing responses aimed at the realization of the right to an effective remedy. At a minimum, the realization of the right to an effective remedy for trafficked children should be guided by the general principles of the Convention on the Rights of the Child. The principle of particular importance is that the best interests of the child shall be a primary consideration in all actions concerning children. Thus, the best interests of the child need to be carefully considered before deciding the course of action and the type of remedy to be sought. For instance, the child's participation in criminal proceedings may not be in his or her best interest in some cases where, for example, he or she is interviewed repeatedly, required to provide testimony in court in the presence of the traffickers, subjected to hostile questioning by the traffickers or their legal representative, or effective witness protection is not in place to guarantee the privacy and security of the child and his or her family members. Further, this formula based on the best interests of the child suggests that compensation may not always be a suitable form of remedy for trafficked children. In some cases, it may be more appropriate to seek reparative measures geared towards building a comprehensive child protection system that guarantees children's rights, such as the right to education, the right to health and the right to physical and psychological recovery and social reintegration in the case of child victims of exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 24
- Paragraph text
- Pursuant to the Convention on the Rights of the Child, States are also required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. To this end, the child should be given effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. Further, the need to ensure active participation of children implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 25
- Paragraph text
- The Special Rapporteur engaged in further dialogues with a number of stakeholders following the presentation of the Human Rights Council report and found that the obstacles discussed above in successfully obtaining remedies are still common in many parts of the world. As far as compensation is concerned, research conducted by the European Action for Compensation for Trafficked Persons project ("COM.PACT project") demonstrated that although there is an emerging awareness about the right to compensation for trafficked persons and the legal frameworks in these European countries allow trafficked persons to claim compensation, the actual receipt of a compensation payment by a trafficked person is extremely rare. While there is a variety of factors that negatively affect trafficked persons' ability to claim compensation, the most common reasons include the lack of knowledge on the part of trafficked persons about their right to compensation, restrictive eligibility criteria for State-funded compensation funds, the failure of law enforcement authorities to confiscate assets or to use confiscated assets to compensate trafficked persons and the lack of jurisprudence on compensation for trafficked persons. Further, discussions at the international round table on "Compensation for trafficked persons in Belarus, Moldova and Ukraine", organized by La Strada Belarus on 10 June 2011, revealed that such obstacles as the lack of information about the right to compensation, the lack of knowledge on the part of judges and lawyers about the victims' right to compensation and the absence of legal aid, significantly reduce trafficked persons' chances of successfully claiming compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 28
- Paragraph text
- In order to guide States in operationalizing the right to an effective remedy, the Special Rapporteur submitted the draft basic principles on the right to an effective remedy for trafficked persons in the Human Rights Council report. The draft basic principles are reproduced in the annex to the present report. The Special Rapporteur noted with appreciation that a number of States, including Brazil, Costa Rica, Greece, the Republic of Moldova, Slovakia and Venezuela (Bolivarian Republic of), expressly welcomed the draft basic principles during the interactive dialogue at the Human Rights Council.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 29
- Paragraph text
- The draft basic principles are based on existing international human rights law and standards and do not represent new norms of human rights. They are designed to bring clarity to the concept of the right to an effective remedy and to elaborate specific factors to be taken into account when this right is applied to trafficked persons. For example, the draft basic principles explicitly spell out that States have obligations to ensure that adequate procedures are in place to enable quick and accurate identification and that trafficked persons are not subjected to discriminatory treatment in law or in practice, as these are preconditions in exercising the right to an effective remedy in the context of trafficked persons. Further, reflecting the complex nature of the crime of trafficking, the draft basic principles specify that restitution may require States to provide trafficked persons with temporary or permanent residence status where a safe return to the country of origin cannot be guaranteed or is otherwise not in the best interest of the trafficked person. With respect to recovery, the draft basic principles provide that States shall ensure that trafficked persons' access to assistance and other benefits are not dependent on their cooperation in legal proceedings, as this is a common obstacle for trafficked persons in accessing such assistance and other benefits. Lastly, the draft basic principles provide that States have a duty to ensure that trafficked persons are allowed to lawfully remain in the country in which the remedy is being sought for the duration of any proceedings, having regard to the fact that trafficked persons are often treated as irregular migrants subject to detention and deportation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 31
- Paragraph text
- The Special Rapporteur reiterates that States have an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons. Furthermore, States have a duty to respect, protect and fulfil the right to an effective remedy under international human rights law. To this end, States' responses to trafficking should be guided by the objective of implementing the right to an effective remedy for trafficked persons. Trafficked persons must be recognized as holders of rights from the moment when they are identified as trafficked and States should implement measures to facilitate their realization of these rights. As different components of the right to an effective remedy are interrelated with each other, it is crucial for States to provide for a continuum of assistance and support, aimed at restitution, recovery, compensation, satisfaction and guarantees of non-repetition, as appropriate in each individual case.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- States should encourage trafficked children to express their views and give them due consideration in accordance with their age and maturity. In order to facilitate this process, States should ensure that trafficked children are equipped with information on all matters affecting their interests, including their situation, legal options, entitlements and services available to them, and processes of family reunification or repatriation. Further, States should ensure that trafficked children have access to legal, interpretative and other necessary assistance, provided by professionals trained in child rights and how to communicate with trafficked children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- In this chapter, the Special Rapporteur sets out the legal framework of the right to an effective remedy for trafficked persons under international law and discusses when and how the obligation of States to provide remedies arises. She then analyses essential components of this right in the context of trafficked persons and discusses fundamental principles to be taken into account in the case of trafficked children. In chapter IV of the report, the Special Rapporteur offers conclusions and recommendations for States' consideration. Annex I of the report contains the draft basic principles on the right to an effective remedy for trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 15
- Paragraph text
- On face value, State responsibility may seem difficult to establish in cases of trafficking, as trafficking is often committed by private individuals, criminal groups and networks acting without instructions from, the direction of or control by a State. However, the fact that the relevant act or omission was conducted by private persons does not necessarily absolve the State of its responsibility, as State responsibility may arise "if it failed to take necessary measures to prevent the effects of the conduct of private parties". Importantly, whether or not such failure is attributed to a State would depend on the existence of relevant international obligations of that State to take such measures. In the context of human rights and trafficking in persons, obligations to prevent and punish acts of private persons clearly exist, as seen in the obligations under the Palermo Protocol to "prevent and combat" trafficking in persons, and under international human rights law to prevent human rights violations by non-State actors. The standard applied in determining a breach of these obligations is that of "due diligence", so that States may be responsible for providing remedies where they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of such violations. An example of the application of these principles at the regional level is the case of Rantsev v. Cyprus and Russia in which the European Court of Human Rights ordered Cyprus and Russia respectively to pay compensation to the family of the victim of trafficking for the failure to provide for an appropriate legal and administrative framework to combat trafficking and to properly investigate how and where the victim was recruited, pursuant to article 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 18
- Paragraph text
- In substance, victims of human rights violations must be provided with adequate reparations for the harms suffered. While most human rights treaties do not explicitly spell out the content of reparations, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law ("Basic Principles and Guidelines on Remedy and Reparation") elaborate various forms of reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Clearly, the form of reparations that should be provided to the victim would depend on the nature and circumstances of the violation. While not all forms of reparation are necessary in all cases, adequate reparation may only be achieved in particular cases by the combination of different forms of reparation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 19
- Paragraph text
- At the procedural level, victims of human rights violations must be guaranteed access to a competent and independent authority in order to successfully obtain reparations. Such an authority must have the power to investigate and decide whether a human rights violation has taken place, and if so, to enforce reparations. If the victims are to be provided with meaningful access to such an authority, they must be guaranteed of a set of ancillary rights. First, the victims should be provided with relevant information concerning the right that has been violated, and on the existence of, and modalities for gaining access to, reparation mechanisms. Secondly, they should be provided with legal, medical, psychological, social, administrative and any other assistance that they may require in order to exercise the right to an effective remedy in a meaningful manner.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 21
- Paragraph text
- Measures of restitution warrant a cautious approach in the context of trafficking in persons, as simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked. From this perspective, restitution implies States' obligations to undertake broader measures to address root causes of trafficking and to provide necessary reintegration support to trafficked persons, so as to address any risk of re-trafficking. The repatriation in 2005 of about 1,000 Pakistani children who were trafficked to the United Arab Emirates as camel jockeys, provides an illustration. In this case, the factors which caused the children to be trafficked in the first place, such as poverty, the lack of economic opportunities and the absence of a comprehensive child protection system, still persisted at the time of repatriation. Therefore, repatriation and reintegration of the children inevitably entailed tackling the root causes of trafficking and strengthening the child protection system, including providing basic education and health services in a sustainable manner.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 22
- Paragraph text
- Measures to address the root causes of trafficking, such as gender discrimination and inequality, also play a crucial role in ensuring effective restitution of trafficked women and girls. Where trafficked women and girls have been subjected to sexual and gender-based violence, they may face discrimination, social stigma, communal and family ostracism upon return to their families and communities, thereby resulting in their re-victimization. In these cases, "restitution of identity, family life and citizenship for them may require measures that target their wider communities - including attempts to subvert cultural understandings around the value of women's purity and sexuality".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 23
- Paragraph text
- Further, returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. In this case, it would be difficult to justify that "restitution" in a traditional sense alone would be an appropriate, victim-centred remedy. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 25
- Paragraph text
- Article 6, paragraph 3, of the Palermo Protocol requires States to "consider implementing measures to provide for the physical, psychological and social recovery" of trafficked persons and sets out some such measures, including: "(a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities". While according to the legislative guide for the implementation of the Palermo Protocol ("the Legislative Guide"), this provision was not rendered mandatory due to the varying level of socio-economic development or availability of resources in different States, it should be read in conjunction with the purposes of the Palermo Protocol, which include "to protect and assist the victims of such trafficking, with full respect for their human rights" (art. 2) to imply obligations of States parties to implement these measures to the maximum of their available resources.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 26
- Paragraph text
- While many States have made positive progress in establishing and providing services to support recovery of trafficked persons, a number of challenges remain in ensuring that these services are provided in a manner that is non-discriminatory and enhances the human rights of trafficked persons. In some States, recovery services are only available to certain categories of trafficked persons at the exclusion of others, such as men and children who are internally trafficked. It appears that the distribution of services often seems to be skewed towards foreign adult women trafficked for sexual exploitation. Furthermore, many States make access to recovery services conditional upon the capacity or willingness of trafficked persons to cooperate with law enforcement authorities, which is contrary to "the fundamental tenet of the human rights approach to trafficking".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 27
- Paragraph text
- A related concern is the absence in many States of a "reflection and recovery period", during which trafficked persons may escape the influence of traffickers, recover psychological stability to consider their options, and make an informed decision as to whether to cooperate with law enforcement authorities without the risk of being removed from the country. This period is not only an integral element of recovery, but also the fundamental first step in seeking other forms of reparations, such as compensation. The security and well-being of trafficked persons, which may be facilitated by the reflection and recovery period, is an essential prerequisite for trafficked persons in seeking compensation. Given the high degree of trauma experienced by trafficked persons, empirical evidence suggests that a minimum period of 90 days is required in order to ensure that the cognitive functioning of trafficked persons improves to a level at which they are able to make informed and thoughtful decisions about their safety and well-being, and provide more reliable information about trafficking-related events. This issue of a "reflection and recovery period" will be explored further in section D, subsection 3.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 30
- Paragraph text
- The ensuing subsections discuss different methods through which trafficked persons may seek compensation and associated challenges, while also highlighting some positive developments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 31
- Paragraph text
- Compensation through criminal proceedings may be awarded to victims as part of the penalties imposed upon finding the accused persons guilty of the offence as charged. While some successful cases have been reported, experience shows that the awarding of compensation for trafficked persons through criminal proceedings is the exception rather than the rule. In some countries, courts may not even consider compensation for trafficked persons, as it is not common practice for victims of any crime to be awarded compensation through criminal proceedings. The possibility of compensation through criminal proceedings also hinges upon identification, arrest, trial and conviction of traffickers, which remains difficult in trafficking cases.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 32
- Paragraph text
- Trafficked persons may also pursue civil claims on the basis of loss caused by the crime of trafficking pursuant to relevant national law. Although there are recent cases which resulted in a substantive amount of compensation for trafficked persons, it is still extremely difficult for them to receive compensation through civil proceedings. Some of the difficulties associated with civil proceedings include the tendency to be time-consuming, expensive and complicated. Other obstacles include complications in calculating the basis of damages and the relative novelty of non-material damages such as pain and suffering in some States.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- Trafficked persons may also have options of claiming compensation based on labour law violations, such as discrimination, breach of national minimum wage, and unreasonable overtime. While there are some promising practices, the possibility for trafficked persons to obtain compensation through labour proceedings may be restricted by a number of eligibility criteria in practice. In some countries, labour proceedings are not available for trafficked persons engaging in sexual services, as the provision of sexual services itself is illegal and thus not a recognized form of employment to which labour protection applies. Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 34
- Paragraph text
- While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members. Further, trafficked women who are also victims of sexual and gender-based violence may also face additional obstacles in pursuing legal proceedings, as participation in such proceedings may expose them to re-victimization in the form of psychological harm, stigma and communal and family ostracism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 35
- Paragraph text
- An additional obstacle for trafficked persons to receive compensation is that even when compensation orders are made against traffickers, it is extremely difficult to enforce such orders and actually receive compensation. One of the main contributing factors is that identified traffickers often do not have adequate assets to satisfy an award of compensation. In some cases, traffickers may genuinely not have any assets, as they may be "lower level" offenders such as intermediaries or recruiters. In other cases, law enforcement authorities may lack the expertise, training and resources to conduct financial investigations to freeze and confiscate such assets. Traffickers may thus swiftly transfer their assets to another country or take other steps to conceal them before compensation orders are executed. Even where assets are successfully confiscated, such assets may be automatically transferred into State coffers or otherwise not used to compensate trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 38
- Paragraph text
- An increasing number of States have introduced compensation schemes specifically for trafficked persons, or have announced that they are contemplating the establishment of one. The Special Rapporteur recognizes, however, that where a general compensation scheme for victims of crime including trafficked persons exists, the creation of a separate compensation scheme dedicated only to trafficked persons may result in further diversion of resources and hierarchical categorization of rights holders. From this perspective, it may be considered a more concrete strategy to seek to enable trafficked persons to obtain compensation within the existing scheme and, where it is inadequate, to strengthen it to allow all victims of human rights violations to claim compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 39
- Paragraph text
- In the light of the limitations associated with legal proceedings, it is noteworthy that a number of cases in which trafficked persons have successfully obtained compensation resulted from out-of-court settlements negotiated by various governmental and non-governmental bodies. In some States, trade unions have played a crucial role in settling claims for unpaid or underpaid wages, or work-related injuries following negotiations with employers. These non-judicial methods may play an instrumental role in seeking compensation particularly for certain groups of trafficked persons, such as trafficked women and girls, who may face a variety of procedural challenges in judicial proceedings, such as psychological harms, stigma and fears of reprisals.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 40
- Paragraph text
- Satisfaction is a non-financial form of reparation designed to compensate moral damage or damage to the dignity or reputation of the victim. It includes measures such as the verification of the facts and full and public disclosure of the truth, an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons close to the victim, and judicial and administrative sanctions against perpetrators. These measures translate into the obligations of States to conduct a prompt, effective, independent and impartial investigation into human rights violations. Guarantees of non-repetition are geared towards the prevention of human rights violations and include measures such as strengthening the independence of the judiciary, providing human rights education to all sectors of society and training for law enforcement officials, and promoting the observance of codes of conduct and ethical norms by public servants.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- It is beyond the scope of the present report to discuss in detail these aspects of the right to an effective remedy, which raise broader issues such as the efficacy of the judicial system and the obligations of States to prevent trafficking in persons. However, the Special Rapporteur emphasizes that they are essential elements of the right to an effective remedy, without which the ultimate objective of enabling trafficked persons to recover from the harms and rebuild their lives with the full enjoyment of human rights, may not be realized. In particular, guarantees of non-repetition, which include measures to prevent trafficking, constitute an important form of remedy in view of the risks of re-trafficking that trafficked persons may be exposed to. To this end, the Palermo Protocol imposes an obligation on States to undertake various measures aimed at prevention of trafficking, ranging from tackling the root causes to providing or strengthening training of law enforcement officers, immigration and other relevant officials in the prevention of 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
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 43
- Paragraph text
- First and foremost, information relating to trafficked persons' rights and mechanisms available to seek remedies is critical in ensuring their access to remedies. Trafficked persons can only seek remedies if they are aware of their rights and how to access such remedies. The importance of providing information is stressed in the Palermo Protocol, which requires States Parties to establish measures that provide trafficked persons with "information on relevant court and administrative proceedings". Experience indicates, however, that there is very little evidence of State practices in informing trafficked persons about their right to remedies, and the provision of information to trafficked persons in a manner that is appropriate in terms of language, content, form and timing remains a challenge.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 45
- Paragraph text
- Equally important is the content and form of information to be provided to trafficked persons. Trafficked persons should be provided with full and accurate information about their legal rights, how and where to obtain necessary assistance, different legal options and procedural steps involved in seeking remedies, and consequences of exercising such legal options. Information may be provided in writing such as in leaflets so that trafficked persons may reflect on the information at any time, and/or through hotlines and the Internet to increase accessibility to appropriate information. If the trafficked person wishes to pursue judicial proceedings, the provision of information may also take the form of familiarizing him or her with trial processes through observation of another court proceeding, if possible.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 47
- Paragraph text
- As judicial and administrative proceedings are often complex in many jurisdictions, legal assistance is essential to enable trafficked persons to claim compensation, especially where they are not familiar with the legal system of the country concerned. While not specifically referring to "legal" assistance, article 6, paragraph 2 (b), of the Palermo Protocol mandates States to provide "assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence". More specifically, paragraph 9 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking provides that "legal and other assistance shall be provided to trafficked persons for the duration of any criminal, civil or other actions against suspected traffickers". Furthermore, trafficked persons should be provided with legal assistance free of charge. Trafficked persons who have just escaped from their traffickers often have no financial means to afford legal assistance, given their financial dependence on their traffickers who use debt bondage as a control tool.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 48
- Paragraph text
- While some States provide for free legal assistance to victims of crime, including trafficked persons, many States reportedly do not have a system in place to provide for such assistance. Even where the law expressly provides that trafficked persons should be provided with legal assistance, the system may not exist or be effectively implemented in practice, so that legal assistance may only be available from non-governmental or international organizations in reality. Further, some States impose eligibility criteria for legal aid, which may be difficult for trafficked persons to fulfil, such as being nationals of the country or long-term residents with legal status and a domicile.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 51
- Paragraph text
- Following a reflection and recovery period, trafficked persons should be provided with temporary or permanent residence status on certain grounds. Firstly, trafficked persons should be entitled to remain in the country where remedies are being sought for the duration of any criminal, civil or administrative proceedings. In this regard, article 7 of the Palermo Protocol should be read in conjunction with the mandatory requirements under article 6, paragraphs 2(b) and 6. As it would be almost impossible for trafficked persons to seek compensation through legal proceedings if they are unable to lawfully remain in the country, article 7 should be interpreted to encourage States to provide trafficked persons with temporary residence status for the purpose of seeking remedies. Secondly, trafficked persons should be granted temporary or permanent residence status on social or humanitarian grounds. Such grounds may include, for instance, the inability to guarantee a safe and secure return, the fears of reprisals and retaliation by traffickers, the risk of being re-trafficked, or the return is otherwise not in the best interests of the trafficked person. Another factor that should be taken into account is the obligation of States not to return trafficked persons to States where they have a well-founded fear of persecution. Some victims or potential victims of trafficking may fall within the definition of a refugee contained in article 1(A)(2) of the 1951 Convention relating to the Status of Refugees and may therefore be entitled to international refugee protection. In these circumstances, temporary or permanent residence status may in itself become a substantial form of remedy.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 53
- Paragraph text
- While the elements of the right to an effective remedy equally apply to trafficked children, responses vis-à-vis trafficked children warrant special consideration, having regard to "the particular physical, psychological and psychosocial harm suffered by trafficked children and their increased vulnerability to exploitation", as well as their lack of full legal standing. Article 6, paragraph 4, of the Palermo Protocol also recognizes that in providing protection and assistance to trafficked persons, "the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children" should be taken into account.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 54
- Paragraph text
- At a minimum, the realization of the right to an effective remedy for trafficked children should be guided by the general principles of the Convention on the Rights of the Child. In particular, the principle that the best interests of the child shall be a primary consideration in all actions concerning children should be placed at the centre of all efforts to provide remedies for trafficked children. This principle entails respect for children's rights and freedoms accorded to them under international human rights law, as well as for the children's views on their best interests with due weight given in accordance with the age and maturity of the children concerned.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 55
- Paragraph text
- The best interests of the child need to be carefully considered before deciding the course of action for trafficked children, particularly where it involves criminal proceedings. In many cases, the child's participation in criminal proceedings may not be in his or her best interest where, for example, he or she is interviewed repeatedly, required to provide testimony in court in the presence of the traffickers, subjected to hostile questioning by the traffickers or their legal representative, or effective witness protection is not in place to guarantee the privacy and security of the child and his or her family members. Thus, in determining whether a trafficked child should be involved in criminal proceedings, the benefits of such involvement should be carefully weighed against any negative consequences in order to ensure that it is indeed in the best interests of the particular child.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 58
- Paragraph text
- Another general principle of the Convention on the Rights of the Child that is specifically relevant in this context is that States are required to respect the rights of children to express their views freely in all matters affecting them and to provide them with the opportunity to be heard in any relevant judicial and administrative proceedings. In order to enable the child to enjoy such participation, it is crucial to guarantee that the child has effective access to information on all matters affecting his or her interests, such as his or her situation, entitlements, services available and the family reunification and/or repatriation processes. A study of children's experiences of reparations programmes reveals that in many cases, children "lack access to adequate information presented in a child-friendly format, often because they are not explicitly considered…". While the study did not particularly focus on trafficked children, it clearly points to the lacuna in the provision of relevant information to children who are entitled to seek reparations for the harms suffered.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 59
- Paragraph text
- The need to ensure active participation of children also implies that the child should be provided with legal representation without costs to the child, as well as with interpretation into the native language of the child, as necessary. In a number of States, children are entitled by law to access to legal assistance. It is not clear, however, to what extent this right has been implemented in practice, as many States do not keep track of the number of trafficked children receiving legal assistance. It has also been reported by practitioners that trafficked children have limited access to lawyers who are specifically trained in children's rights and the issues of child trafficking, which is compounded by the lack of legal and interpretative assistance provided to trafficked persons in general.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 61
- Paragraph text
- The importance of implementing this right in a holistic manner has received peripheral attention by States, which instead tend to focus on criminal justice responses. Trafficked persons are often seen as "instruments" of criminal investigation, rather than as holders of rights. In many States, trafficked persons do not receive remedies in a holistic manner as a matter of right, but are only provided with ad hoc measures which are effectively by-products of criminal investigation, such as temporary residence permits contingent upon cooperation with law enforcement authorities and assistance in recovery which is in turn tied to temporary residence permits. Trafficked persons are rarely known to have received compensation, as they are often not provided with the information, legal and other assistance and residence status necessary to access it. At worst, many trafficked persons are wrongly identified as irregular migrants, detained and deported before they have an opportunity to even consider seeking remedies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 62
- Paragraph text
- In the light of these challenges, the Special Rapporteur submits the draft basic principles on the right to an effective remedy for trafficked persons in annex I to the present document. These basic principles are a work in progress, as the Special Rapporteur intends to continue refining them on the basis of inputs she may receive. The Special Rapporteur hopes that the basic principles serve as a useful guidance for States and practitioners on the content and scope of the right to an effective remedy for trafficked persons and also as indicators of the minimum obligations of States in the realization of this right.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 71
- Paragraph text
- Where State-funded compensation schemes for victims of crime exist, States should abolish eligibility criteria which have the effect of preventing trafficked persons from seeking compensation, such as nationality and long-term residence requirements. Where no compensation scheme exists, States should consider establishing one that provides compensation to trafficked persons and using confiscated assets and tax deductible voluntary donations to finance such a scheme. Compensation through such scheme should be available to all groups of trafficked persons on a non-discriminatory basis.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 76
- Paragraph text
- States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin. States should also independently consider trafficked persons' claims for asylum, giving due consideration to any risks of reprisals and retaliation by traffickers which could constitute persecution within the meaning of the 1951 Convention relating to the Status of Refugees.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 8
- Paragraph text
- Human trafficking has been identified as a problem in various economic sectors, including those integrated into global markets. Companies face the threat of human trafficking at diverse levels, irrespective of their size, sector, operational context, ownership and structure (although these factors may influence the level of the threat). It has been reported that the economic sectors most exposed to human trafficking include agriculture and horticulture, construction, garments and textile, hospitality and catering, mining, logging and forestry, food processing and packaging, transportation, domestic service and other care and cleaning work.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 9
- Paragraph text
- Businesses may be linked to human trafficking in various ways. They may be directly implicated in the crime of trafficking when they recruit, transport, harbour or receive persons for the purpose of exploitation during the course of their business. This may occur with or without the knowledge of the management or if the company has recruited the persons itself or through a third party, such as a private recruitment agency. For example, the construction industry has been linked to trafficking in this manner, exploiting internal or international migrants supplied through informal and clandestine recruitment systems.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 11
- Paragraph text
- Furthermore, businesses may be indirectly associated with the crime of trafficking when their suppliers, subcontractors or business partners supply goods or services produced or provided by trafficked persons. This type of situation creates significant challenges for businesses, given that supply chains in today's global economy are often complex and may involve multiple layers of suppliers and subcontractors in various countries and regions, which hampers monitoring of the entire production process. In recent years, a growing number of companies, in particular those with complex global supply chains, have been increasingly faced with allegations of trafficking within their supply chains made by the media and civil society organizations. For example, global clothing companies have been accused of human trafficking and slavery through the use of subcontractors who exploited migrant workers in Asia, while chocolate and confectionary companies have been accused of benefiting from trafficked children who were forced to work under harsh conditions in cocoa farms in West Africa. An international tobacco company has also been linked to allegations of trafficking and forced labour through the conduct of tobacco farm owners who supply tobacco to the company's subsidiary in Kazakhstan. In the tobacco farms, children of migrant workers were reportedly employed under harsh conditions considered to be the worst forms of child labour and some employers allegedly confiscated migrant workers' passports, did not pay regular wages, cheated them of earnings and forced them to work excessively long hours. While the international company had no direct contractual relationship with the tobacco farm owners, it has nevertheless found it difficult to disassociate itself from the allegations in the light of the significant economic benefits that it ultimately derives from such conduct.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 12
- Paragraph text
- As a fundamental starting point, States have an obligation under international human rights law to protect against human rights abuses within their territory and/or jurisdiction by third parties, including business enterprises. This duty is an important framework because States may encounter human trafficking in supply chains in various ways. A given State may be a State in which the company's supplier or subcontractor is based, or a home State in which the company is based or incorporated. Where the supplier or subcontractor is directly implicated in trafficking or the company is indirectly linked to trafficking through the conduct of the supplier or subcontractor, a State's obligation to protect human rights implies that the State in which the supplier or subcontractor is based has the primary responsibility to hold that supplier or subcontractor accountable.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 14
- Paragraph text
- In addition, under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted in 2000, States parties are required to adopt such legislative and other measures as may be necessary to establish trafficking in persons as a criminal offence (art. 5). In addition, States parties are to establish comprehensive policies, programmes and other measures to prevent and combat trafficking in persons (art. 9 (1) (a)). This obligation to criminalize the conduct of trafficking entails a broad range of other related obligations, such as that to effectively investigate, prosecute and adjudicate trafficking and to punish individuals and legal persons found guilty of trafficking by imposing effective and proportionate sanctions, as set out in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1, principles 13 and 15).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 16
- Paragraph text
- The obligations of States to prevent and combat trafficking in persons under international law translate into obligations at the national level to adopt and enforce appropriate legislative or other measures aimed at achieving that objective. Today, a significant majority of States have criminalized trafficking in persons by enacting comprehensive anti-trafficking legislation (see A/HRC/20/18, paras. 19-21). The effective enforcement of that legislation, however, remains a challenge in many States. Even those States with strong anti-trafficking measures are sometimes described as safe havens because they do not enforce their own laws (see ibid., para. 22). For example, the enactment of comprehensive anti-trafficking legislation notwithstanding, the investigation and prosecution of perpetrators may be hampered by such factors as misidentification of trafficked persons, corruption, lack of capacity and resources on the part of law enforcement agencies and slow court procedures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 18
- Paragraph text
- Labour laws are a powerful tool to prevent and combat trafficking in supply chains, given that matters regulated thereunder, such as recruitment and employment of workers, wages and working conditions, may serve as operational indicators of trafficking. For example, deception about the nature of the job, location or employer may strongly indicate that the worker in question has been trafficked. Victims of trafficking in persons are often recruited and promised prosperous employment opportunities by unscrupulous recruitment agencies or labour brokers, only to end up in situations of exploitation after recruitment. Excessive working hours and debt bondage are other strong indicators of trafficking in persons and the Special Rapporteur has documented numerous cases in which trafficked persons were forced to work for more than 12 hours a day with very little pay in various sectors, typically including agriculture, food processing and garments and textile (see, for example, A/HRC/20/18/Add.2, paras. 9-12). Many States have in place, recently adopted or amended labour laws, requiring the registration of recruitment agencies and labour brokers, setting a minimum wage, placing a cap on the number of working hours, providing for breaks and holiday periods and prescribing occupational health and safety standards. While it is beyond the scope of the present report to scrutinize States' labour laws, the weak enforcement of those laws, rather than their provisions, often gives rise to risks of trafficking in many States. The Special Rapporteur has observed during past official visits that labour inspectors are often not well-equipped in terms of resources and capacity to conduct inspections to detect violations of labour laws, including in cases of trafficking for the purpose of labour exploitation (see, for example, A/HRC/14/32/Add.4, A/HRC/17/35/Add.2 and A/HRC/20/18/Add.2). There are encouraging signs, however, that some States are progressively strengthening the capacity of labour inspectors to prevent labour exploitation. For example, in Argentina, the authorities reportedly launched a more rigorous labour inspection programme in January 2011 and increased the number of labour inspectors to 400 throughout the country, targeting rural areas in particular. The Special Rapporteur commends this positive development, given that it was reported at the time of her official visit to Argentina that the labour inspection programme was ineffective and investigations into forced labour cases rarely carried out (see A/HRC/17/35/Add.4, para. 18). In Brazil, mobile inspection teams, comprising labour inspectors, labour prosecutors and federal police officers, investigate complaints of slave labour, rescue victims and impose fines on employers in breach of labour laws. Since 1995, more than 39,000 workers have reportedly been rescued.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 19
- Paragraph text
- Immigration laws could also contribute to preventing migrant workers from being trafficked into supply chains. Increasing opportunities for legal, gainful and non-exploitative labour migration is a measure that States may take to prevent trafficking in persons (E/2002/68/Add.1, guideline 7, para. 7). In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration (see A/65/288, para. 42). For example, the Protocol Relating to Free Movement of Persons, Residence and Establishment concluded under the auspices of the Economic Community of West African States, mandates the abolition of visa and entry permits for Community citizens, giving them greater freedom of movement between member States. While the implementation of the Protocol has reportedly been limited and it is difficult to assess its impact in preventing trafficking in persons, it nevertheless stands as an example of a framework that could encourage the regularization of population movements and hence decrease the risk of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 21
- Paragraph text
- Other States have established national certification or labelling systems integrating measures to combat trafficking and forced labour. In Argentina, for example, the National Institute of Industrial Technology recently established a comprehensive national certification system for companies in the textile industry, whereby it offers a certificate of quality to firms that refrain from using forced labour and provide their employees with decent working conditions and social security coverage. The certified companies are eligible to bid on State textile contracts, such as for military uniforms. In a similar vein, in the Plurinational State of Bolivia, the Bolivian Institute of Foreign Trade, in coordination with the Ministry of Labour, Employment and Social Security, awards a triple seal, or certification, to companies that have demonstrated the prohibition of child labour, forced labour and discrimination throughout the production chain.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 23
- Paragraph text
- Several companies have already made the required disclosures, which significantly vary in attitude and detail. Some have made disclosures detailing the initiatives that they have taken to address human trafficking in their supply chains, while others simply mimic the language of the Act to affirm that they are implementing the measures suggested therein without giving details as to how they have done so. Some companies even indicate that they have taken no steps to address human trafficking in their supply chains. As the Act does not require the actual implementation of the measures specified therein but rather disclosures as to the extent to which companies are implementing such measures, companies can still be in compliance with the Act by merely stating that they are not taking any action to address human trafficking and slavery. Accordingly, the effectiveness of the Act will hinge upon the extent to which advocates and investors strategically use the disclosures to affect the companies' brand image and consumer opinion. Nevertheless, the Act represents an innovative initiative by which States may contribute to regulating corporate behaviour in efforts to eradicate human trafficking in supply chains.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 24
- Paragraph text
- While international law is primarily addressed to States, it is clearly recognized that powerful non-State actors such as corporations have responsibilities to respect human rights. Indeed, the preamble of the Universal Declaration of Human Rights explicitly states that the responsibility is one for every individual and every organ of society, indicating that respect for human rights is a shared responsibility of States and non-State actors. Since the 1970s, a number of intergovernmental organizations have formulated voluntary guidelines, declarations and codes of conduct aimed at regulating corporate activities. The discussion has intensified over the past decade or so, culminating in the development of further non-binding instruments directed at businesses to ensure greater respect for human rights. One of the earlier examples is the Global Compact, which encourages businesses to align their operations and strategies with 10 universally accepted principles in the areas of human rights, labour, environment and anti-corruption. While it does not specifically refer to trafficking in persons, it does call for the elimination of all forms of forced and compulsory labour and child labour, in addition to the elimination of discrimination in respect of employment and occupation. The Global Compact seeks to bring corporate actors into the arena of human rights and, since its launch in July 2000, more than 8,700 companies in 130 countries have signed up to it. Concerns have been expressed, however, that the entry process is not sufficiently selective or conducive to high-quality participation and that there is no adequate and effective monitoring and verification of implementation by the participants.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 25
- Paragraph text
- More recently, in July 2011, the Human Rights Council endorsed the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex). The Guiding Principles have three pillars: protect, respect and remedy. The first pillar is the State duty to protect against human rights abuses within their territory and/or jurisdiction by third parties, including business enterprises (principle 1). The second pillar is the corporate responsibility to respect human rights, which means that business enterprises should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved (principle 11). The third pillar is the State duty to ensure that, when human rights abuses occur within their territory and/or jurisdiction, those affected have access to effective remedy (principle 25).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 27
- Paragraph text
- In addition to these non-binding international frameworks, numerous initiatives led by civil society organizations urge greater compliance with international human rights standards by businesses. Such initiatives may include voluntary codes of conduct or ethical principles for businesses. There are also many examples of industry-wide or individual codes of conduct or principles voluntarily developed and adopted by businesses themselves to pledge their commitment to human rights as part of their corporate social responsibility policies and programmes. While most existing codes of conduct or initiatives do not specifically include human trafficking as a priority issue to be scrutinized, they typically seek to eliminate the worst forms of child labour and ensure respect for labour rights. Thus, if properly implemented and monitored, they could significantly contribute to preventing trafficking in persons in supply chains in the first place.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 28
- Paragraph text
- The existence of these frameworks notwithstanding, many businesses continue not to recognize human trafficking as a serious and relevant risk in their operations. While, as discussed below, some companies have begun taking initiatives to prevent and combat trafficking, existing corporate social responsibility programmes often do not treat human trafficking as a priority issue and lack specific policies or programmes to ensure that their supply chains are free of trafficked labour. Although most companies are aware of human trafficking and find it morally unacceptable, the connection between human trafficking and business is still not well understood.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 29
- Paragraph text
- Businesses cannot, and should not, shy away from the issue of human trafficking, not only because it amounts to human rights violations and is a criminal offence in most States, but also because it creates reputational and financial risks to their operations. First, allegations of human trafficking can pose serious threats to brand value and company reputation, in particular for companies producing consumer goods. Once a company's image has been tarnished, it is often difficult to reverse that damage. This may affect consumer demand and existing and future business partnerships, resulting in a loss of contracts and/or future business opportunities. Second, allegations of human trafficking may also threaten investor relations and risk divestment on the part of both ethical and mainstream investors. Furthermore, as seen in the example of the "dirty list" in Brazil, public authorities increasingly link the financial support that they provide to businesses with proven ethical performance.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 30
- Paragraph text
- On the other side of the coin, there are positive incentives for businesses to contribute to efforts to combat human trafficking. By taking an active role in preventing and combating trafficking, companies can enhance their brand image and reputation among consumers, investors and other influential stakeholders. Their investment of resources in local communities to mitigate factors that place them at risk of trafficking, such as lack of access to education and employment opportunities, may also strengthen the relationship with local stakeholders and generate positive effects in the long term by producing a better-skilled and better-educated local workforce.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 32
- Paragraph text
- With the growing recognition that the private sector can contribute to preventing and combating trafficking, voluntary codes of conduct on human trafficking specifically targeting corporations have been developed. One notable example is the Athens Ethical Principles and the accompanying Luxor Implementation Guidelines. Adopted by participating business representatives in 2006, there are seven core principles, including demonstrating zero tolerance towards human trafficking and encouraging business partners, including suppliers, to apply ethical principles against human trafficking. The Luxor Implementation Guidelines were subsequently adopted in December 2010 to aid the implementation of the core principles.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 33
- Paragraph text
- Recognizing that there are great risks of human trafficking in supply chains, the Luxor Implementation Guidelines provide practical measures that companies must take to minimize those risks, including publicly posting recruitment procedures throughout the company's supply chain or chains, mapping the supply chain or chains so that there is a system to trace commodities to raw materials, having highest-risk suppliers become certified by external auditors or agree to unannounced audits against the company's code of conduct, and developing training modules for all employees in the company's supply chain or chains on the basics of human trafficking and how to recognize and report it.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 34
- Paragraph text
- Furthermore, perhaps owing to some extent to the effect of information-forcing legislation such as the California Transparency in Supply Chains Act discussed above, some industries and companies have adopted codes of conduct or principles specifically focusing on human trafficking or have expressly integrated their commitment to addressing human trafficking into their existing codes of conduct. The business commitment to the issue of human trafficking to date has often been expressed in the areas of prevention and protection, with the former focusing on activities such as awareness-raising, capacity-building of staff, communications and media campaigns, and the latter including measures to protect or correct wrongs suffered by trafficked persons and supporting the recovery and reintegration of trafficked persons in the long term.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 35
- Paragraph text
- While these are positive and encouraging developments, significant challenges lie ahead in achieving a measurable and sustainable impact in terms of preventing human trafficking through the application of these voluntary codes of conduct and initiatives. These codes of conduct or statements vary greatly in substance by company. One company may make a brief, general statement to the effect that it is committed to combating human trafficking, while another may have a comprehensive policy detailing the steps to be taken to prevent human trafficking. In fact, research reveals that unilateral corporate social responsibility norms, compared with negotiated agreements, are often more limited and precise in scope and content, resulting in very little impact.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 36
- Paragraph text
- That those codes are of a voluntary and self-regulating nature also often leads to criticism that they are toothless and effectively unenforceable. While some companies have adopted robust strategies involving a verification and certification system by an independent social auditor, the effective and independent monitoring of the implementation of codes of conduct is not institutionalized in most companies. For example, it has been reported that the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Harkin-Engel Protocol), which was signed by chocolate and cocoa industry representatives, has not been implemented effectively, partly owing to the fact that implementation is not supported by independent product certification. Auditors monitoring companies' supply chains may also not be adequately trained in the issue of human trafficking and may report only specific labour law violations such as delayed payment of wages or long working hours, without making the necessary connection with possible situations of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 37
- Paragraph text
- Furthermore, where the supply chain concerned is extensive and complex, involving a number of small or medium-sized enterprises or informal industries, it becomes increasingly challenging in practice to ensure that these instruments reach every entity involved in the entire production chain. Such small or medium-sized enterprises or informal industries, in which trafficked persons may commonly be employed, may also be less concerned about the reputational risk, according priority to profits over the protection of human rights. For example, a global clothing company discovered that one of its vendors in India had subcontracted an order to an unauthorized subcontractor where children were forced to work long hours for little pay without the company's knowledge or approval and in violation of its code of vendor conduct. This illustrates the need to conduct a risk assessment to identify the risks of human trafficking at all levels of the production chain and rigorously monitor the implementation of anti-trafficking policies by suppliers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 38
- Paragraph text
- For a voluntary code of conduct or initiative to be effective in preventing human trafficking in supply chains, it is not sufficient for it to simply state a commitment to combating human trafficking. It should, at a minimum, provide for the undertaking of a risk assessment to map out all actors involved in the supply chain and identify where the risks of human trafficking may be present. This should be followed by the development and implementation of a high-level, company-wide policy prohibiting trafficking and trafficking-related acts at all levels of the supply chain. The implementation of the policy by all suppliers should be monitored and assessed by social auditors who are properly trained in the issue of human trafficking. The policy should also contain a set of remedial measures that a company should take if trafficking cases are found in supply chains, such as referral to victim support agencies and ensuring victims' access to grievance mechanisms. In developing corporate strategies to prevent and combat trafficking in supply chains, businesses should also consult and cooperate with civil society organizations with expertise in trafficking issues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 40
- Paragraph text
- Creative campaigns enable consumers to make informed decisions about the products that they buy and to ensure that they are free of trafficked labour. For example, the "Buy Responsibly" campaign, launched by the International Organization for Migration, uses various media to raise public awareness of the fact that products purchased regularly may be made using trafficked or exploited labour and provides practical information about how consumers may make informed choices in purchasing products. Not for Sale, a non-governmental organization, also strategically uses various media to educate consumers about how their products are made. For example, it has launched an interactive online survey about consumer lifestyles to find out the number of slaves who probably would have been involved in sourcing and producing the products that the respondent owns and uses every day. It also runs the "Free2Work" campaign, which provides consumers with ratings on the basis of a brand's trafficking-related policies, transparency, monitoring and worker rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 42
- Paragraph text
- Insofar as many businesses are conscious of protecting their brand image and reputations, the media also has great potential to positively contribute to preventing and combating trafficking in supply chains. Through investigative journalism, the media can publicly name and shame States and/or companies directly linked to trafficking and increase public awareness of the issue. They can also garner public support for anti-trafficking efforts, acting as a catalyst for change. The increased attention to the issue of trafficking in supply chains partly stems from reporting by high-profile international media, such as Al-Jazeera, BBC, CNN and The Guardian. The media can, however, also negatively contribute to the issue of trafficking. Concerns have been expressed that the media tend to sensationalize stories of trafficked persons, in particular victims of sex trafficking, and highlight their "victimhood" rather than educating the public about the underlying social and economic factors that led to the violation of their human rights (see A/65/288, para. 48).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 43
- Paragraph text
- The above analysis attests that, to address human trafficking in supply chains effectively, a multi-stakeholder approach is warranted. Human trafficking in supply chains not only involves States' failure to prevent trafficking through legislative or other measures, but also companies' failure to refrain from using trafficked labour or to prevent trafficking committed by its partners. The roles of consumers and the media are also significant, given that they are able to shape corporate behaviour by affecting companies' bottom line. The solution to the problem of human trafficking in supply chains lies beyond the reach of any single stakeholder, whether State or company. To address risks of trafficking in supply chains in an effective and sustainable manner, a broad vision and strategy based on cooperation and partnership among all relevant actors are crucial.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 44
- Paragraph text
- In this regard, there are some promising examples of public-private partnerships in preventing trafficking. Parallel to the "dirty list" mentioned above, the Government of Brazil supported the development of a national pact to eradicate slave labour, a multi-stakeholder initiative involving business, financial institutions, non-governmental organizations, trade unions and ILO. The Pact currently has more than 180 company and associated signatories, including large supermarket chains, such as Walmart and Carrefour, and industrial and financial groups. Under the Pact, a social observatory institute monitors the performance of signatories and documents existing and emerging good practice.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 45
- Paragraph text
- There are other positive multi-stakeholder initiatives led by international organizations. For example, the International Organization for Migration has successfully supported and promoted public-private partnerships in India, engaging the private sector, the Government and non-governmental organizations. The partnerships focused on creating economic enterprises and providing employment opportunities to tackle the root causes of trafficking and irregular migration, such as poverty and lack of educational and livelihood opportunities, and to assist the victims of trafficking in recovery. They have reached out to more than 600 survivors, involved 20 corporations and 20 non-governmental organizations and garnered the support of local governments and law enforcement agencies. They have successfully led to the establishment of economic enterprises that provided employment opportunities for trafficked persons, including a mechanized laundry unit in Goa known as "Swift Wash", supported by various companies and the Goa Chamber of Commerce and Industry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 46
- Paragraph text
- ILO has a global programme targeting children exploited in the mining and quarrying sector, "Minors out of Mining". It is led by the Governments of 15 countries (Brazil, Burkina Faso, Colombia, Côte d'Ivoire, Ecuador, Ghana, Mali, Mongolia, Nicaragua, Pakistan, Peru, Philippines, Senegal, Togo and United Republic of Tanzania) and supported by partners in the mining industry, such as the International Federation of Chemical, Energy, Mine and General Workers' Unions, the International Council on Mining and Metals and Communities and Small-Scale Mining. The programme focuses on increasing educational and vocational training opportunities for children and reportedly has had successes in stopping children working in mines in many countries, such as Mongolia and the Philippines (see A/HRC/18/30, para. 84).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 47
- Paragraph text
- In some cases, companies themselves have taken a leadership role in developing and implementing multi-stakeholder initiatives. For instance, when the global clothing company, Gap Inc., discovered that its subcontractor in India was employing children under slave-like conditions, it not only swiftly remedied the situation but also contributed to the establishment of a multi-stakeholder think tank in India in July 2008 to promote public-private partnerships in efforts to combat trafficking. The company has teamed up with its local suppliers, a Government-supported non-governmental organization and a national buying house, to help more than 600 women learn hand embroidery skills to obtain work in the export market.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 48
- Paragraph text
- In today's globalized world, the risks of human trafficking in supply chains are significant throughout economic sectors and affect all States, whether as a source, transit or destination country. These risks, however, have not been adequately dealt with, either by States or by businesses themselves. States have the primary obligation to prevent and combat trafficking in persons under international law by enacting and enforcing legislation criminalizing trafficking and imposing proportionate punishments on perpetrators. While this obligation applies equally to all States, the emphasis is laid on those States in which suppliers or subcontractors in the production chain are based, given that they are responsible for protecting individuals within their territory and subject to their jurisdiction from the risk of trafficking. This does not absolve businesses of the responsibility to prevent and combat trafficking in persons. There is wide international consensus that businesses have responsibilities to respect human rights and they are uniquely positioned to prevent or mitigate any risks of trafficking in their supply chains. In fact, as discussed above, reasons abound as to why they should take the issue of human trafficking seriously from a risk management perspective. Other stakeholders, such as consumers and the media, also have a role to play in influencing corporate behaviour. To effectively tackle trafficking in persons in supply chains, there is a need for a multifaceted and multi-stakeholder approach, engaging all relevant actors and encompassing various strategies to pressure States and companies to live up to their obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 49a
- Paragraph text
- [On the basis of these conclusions, the Special Rapporteur recommends that States:] Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and other relevant international instruments prohibiting trafficking in persons and, on that basis, adopt comprehensive laws to effectively prosecute and punish perpetrators of trafficking and trafficking-related crimes, or amend existing anti-trafficking legislation to ensure that it meets international standards;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 12
- Paragraph text
- For any effective criminalization strategy, the Special Rapporteur notes the need for a rights-based approach to trafficking. Such an approach has been widely endorsed by the international community, including the General Assembly and Human Rights Council. The commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking explains that a human rights-based approach is a conceptual framework for dealing with a phenomenon such as trafficking that is normatively based on international human rights standards and that is operationally directed to promoting and protecting human rights. It affirms that such an approach requires analysis of the ways in which human rights violations arise throughout the trafficking cycle, as well as of States' obligations under international human rights law. It seeks to both identify and redress the discriminatory practices and unjust distributions of power that underlie trafficking, maintain impunity for traffickers and deny justice to victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 13
- Paragraph text
- The Special Rapporteur emphasizes that all aspects of national, regional and international responses to trafficking should be anchored in the rights and obligations established by international human rights law. A human rights-based approach identifies rights-holders and their entitlements (for example, trafficked persons, individuals at risk of being trafficked, or individuals accused or convicted of trafficking-related offences), and the corresponding duty-bearers (usually States) and their obligations. This approach strengthens the capacity of rights-holders to secure their rights and of duty-bearers to meet their obligations. Core principles and standards derived from international human rights law should guide all aspects of the response at all stages.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 18
- Paragraph text
- In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; they must also ensure that the victim's consent does not alter the offender's criminal liability. States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission, and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 19
- Paragraph text
- The information received by the Special Rapporteur indicated that a significant majority of States have criminalized trafficking in persons. As the Protocol to Prevent, Suppress and Punish Trafficking in Persons is not self-executing, States will need to take proactive action to ensure its implementation in domestic law. Some States already had laws that met the requirements of the Protocol: Finland, for example, has had long established laws on trafficking, and its legislation met the standard of the Protocol, even before the Convention came into force. In recent years, a number of other States, including Lesotho, Lebanon and Romania, have passed new anti-trafficking laws.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 23
- Paragraph text
- Trafficked persons are often arrested, detained, charged and even prosecuted for such unlawful activities as entering illegally, working illegally or engaging in prostitution. The vulnerability of trafficked persons to such treatment is often directly linked to their situation: their identity documents may be forged or have been taken away from them, and the exploitative activities in which they are or have been engaged, such as prostitution, soliciting or begging, may be illegal in the State of destination. Criminalization is also possible in countries of origin, where returned victims of trafficking may be penalized for unlawful or unauthorized departure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 24
- Paragraph text
- In many cases, criminalization is tied to a failure of the State to identify the victim correctly; trafficked persons arrested, detained and charged not as victims of trafficking, but as smuggled or undocumented workers. The Special Rapporteur notes that efforts to identify trafficked persons as victims deserving of protections are often complicated by the problem of "imperfect" victims. Some victims may have committed crimes, whether willingly or as a result of force, fraud or coercion, prior to becoming or in conjunction with becoming a trafficking victim, thereby making it hard to distinguish victims from perpetrators.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 28
- Paragraph text
- The Special Rapporteur observes that, while numerous States do not have a specific law designed to minimize the criminalization of trafficking victims, many note that, as a matter of policy, trafficking victims are not prosecuted for status-related crimes. The Special Rapporteur observes, however, that some States have passed specific legislation in this regard. For example, a Moldovan law provides that trafficked persons who have committed unlawful acts as a direct result of being trafficked will not be prosecuted for such offences. In the United States, New York State recently passed a law to allow trafficking victims with prostitution-related convictions to vacate their judgements.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 29
- Paragraph text
- Other laws provide more limited protection for trafficked persons. For example, in Azerbaijan, trafficked persons are exempt from liability only for deeds committed under coercion or intimidation while being trafficked. In Jamaica, the law provides for immunity from prosecution if a victim of trafficking breaches immigration or prostitution laws. In Slovakia, while criminal liability for victims is not explicitly excluded, being a victim of trafficking is considered to be a mitigating circumstance. Lithuanian law currently provides that victims of trafficking not be punished for engaging in prostitution; draft amendments to the Penal Code exempt victims of trafficking from any criminal act committed as a direct consequence of their situation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 37
- Paragraph text
- Community-based organizations and victim support agencies are also becoming increasingly important in the identification of victims of trafficking. For example, in Australia, non-governmental organizations accounted for 13 per cent of all referrals in the period 2009-2010. In keeping with a human rights-based approach, the Special Rapporteur observes that victims identified by non-governmental organizations should only be referred to the police if they give their consent. Importantly, Government financial support for victim support agencies should not make such funding contingent on requiring them to pass on information about identified victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 42
- Paragraph text
- The Special Rapporteur notes that other States have linked the provision of assistance and protection to cooperation with national criminal justice agencies. For example, in Norway, in accordance with measure No. 5 of its Action Plan to Combat Human Trafficking, permanent residency permits are available for trafficking victims who face retribution or hardship in their country of origin as long as they give a statement to police outside of court and for those victims who testify in court. In some legal systems, the issue of conditional assistance is complicated by a legal requirement on victims to cooperate in an investigation or prosecution if that cooperation is deemed necessary. The Special Rapporteur notes that, in accordance with international law, support and protection should not be made conditional on the victim's capacity or willingness to cooperate in legal proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46
- Paragraph text
- Working at the forefront and on the ground, victim support agencies will often be the first to come into contact with trafficked persons; they thus serve a fundamental function by referring victims to the appropriate authorities for assistance, helping to file complaints and reporting illegal activity to law enforcement. Moreover, in States where resources may be limited for anti-trafficking programmes, such agencies can provide valuable support by operating shelters, giving free legal assistance or offering medical or psychological care. Even where resources are abundant, the provision of assistance by victim support agencies remains invaluable, because victims may be more likely to trust a non-governmental organization than criminal justice agencies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 50
- Paragraph text
- Even in the absence of formalized cooperation agreements, increased cooperation can yield important results. For example, although no formal cooperation mechanisms exist between non-governmental organizations and criminal justice agencies in Belarus, in recent years there has been an increase in practical cooperation between them in providing assistance to trafficking victims. As a result, non-governmental anti-trafficking organizations have reported that communication with officials has improved and, in some instances, the relevant agencies have permitted specialists from the organizations to attend police interviews and closed court hearings upon victims' requests. More recently it was reported that non-governmental organizations had assisted in the training of Government officials in victim identification.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 52
- Paragraph text
- Government agencies and non-governmental organizations may collaborate in other innovative ways, as seen in the development of a new reporting mechanism in the Philippines. Recognizing that Filipinos are some of the most prolific users of short message service (SMS) technology in the world, a plan entitled "SOS SMS for Overseas Filipino Workers in Distress was created in 2006. For Filipinos abroad, SOS SMS is an all-hours text-based ICT mechanism implemented in coordination with non-governmental organizations and Government agencies to enable trafficked persons to solicit help via any SMS-enabled telephone system. The programme allows for instantaneous and inexpensive reporting, and facilitates counselling, guidance and emergency assistance.
- 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
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 53
- Paragraph text
- In India, non-governmental organizations play a significant role both in rescuing victims of trafficking and in providing them with assistance and reintegration services. A judgement made by the fifth Additional Metropolitan Session Judge Court in Hyderabad, Andhra Pradesh, involving a trafficked child illustrates how collaboration resulted in the conviction of two traffickers and support for the minor-victim. In this case, the victim was able to escape her traffickers and contact a non-governmental organization, Prajwala, based in Hyderabad. Prajwala filed a complaint on behalf of the victim, which led to a criminal investigation conducted jointly by police, the Forensics Department and the organization. The traffickers were arrested and the victim was given safe shelter. Prajwala provided psychological counselling and organized a mock trial, with the help of the Public Prosecutor, to prepare the victim to give testimony in court. The case was adjudicated in less than one year and the traffickers were sentenced to a prison term and fined.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 54
- Paragraph text
- Victims of trafficking play a critical role in the criminal prosecution of traffickers and their accomplices. The Special Rapporteur is well aware that the complexity of the crime of trafficking and related evidentiary complications can make investigations and prosecutions difficult, if not impossible, without the cooperation and testimony of victims. It is, however, important to clarify that a human rights approach to trafficking does not preclude the active involvement of victims in the investigation and prosecution of their exploiters. Rather, such an approach confirms that States, through their national criminal justice agencies, should be working towards recognizing victims of trafficking as an essential resource who are provided with the protection and support they need to participate safely and effectively in criminal justice processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from deportation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 56
- Paragraph text
- During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 57
- Paragraph text
- Proactive investigations that seek to collect evidence to obviate or support victim testimony are another way for States to realize their due diligence obligation to prosecute trafficking without unduly burdening victims. The Special Rapporteur notes that alternative or corroborative evidence may be difficult to collect in trafficking cases because of limited resources and a lack of trained officials, particularly in States most affected by trafficking. The situation may also be compounded by the hidden nature of the crime and the lack of concrete records or indicators of criminal activity. It is important to acknowledge that substituting victim testimony with alternative evidence may not allow for full and effective prosecution. Nevertheless, the added value of such evidence merits attention, not least because the discovery of additional or corroborative evidence may alleviate some of the pressure put on victims during the prosecution process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 58
- Paragraph text
- The development of alternative evidence-gathering techniques has received some attention from States, particularly in recent years. In 2009, a memorandum issued by the Government of India (see also paragraph 30 above) stated that, in order to increase conviction rates, States should build cases based on documentary, forensic and material evidence and lessen the degree of reliance on victim-witness testimony. In the United States, at both the State and federal levels, experts have commented on the value of bolstering a victim's testimony with alternative forms of evidence through such methods as surveillance exercises, subpoenas of phone records, interviews of numerous witnesses and victims, public record searches, information received from confidential informants and warrants to search cars, homes and e-mail. Similarly, reviewing potential sources of evidence, such as transportation receipts, phone records and social websites, has been reported as helpful in bolstering victim testimony.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 59
- Paragraph text
- Another good practice is where States have taken measures to provide victim-witnesses with important information about participation in the justice process and to address privacy and safety concerns during trials. In the United Kingdom of Great Britain and Northern Ireland, the Crown Prosecution Service has a policy of keeping victims informed about case developments, hearing dates, verdicts and sentences. In order to help agencies provide victim-witnesses with information in a language they understand, UNODC and the Global Initiative to Fight Human Trafficking (UN.GIFT) have developed a tool, "VITA", to identify the nationality and language of trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 61
- Paragraph text
- Success has been achieved in Nigeria through the creation of a national agency for the prohibition of traffic in persons and other related matters. The agency's mandate is two-fold: law enforcement and providing victims with assistance. It recently reported that it had secured convictions against 111 individuals for trafficking violations and rehabilitated more than 4,000 victims since it began its work in 2003. The agency works with other federal agencies, civil society and international organizations to coordinate victim assistance and centralize information on anti-trafficking activities, and has helped to establish State-level anti-trafficking committees.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 66
- Paragraph text
- International law places an obligation on States to impose effective and proportionate punishments for trafficking and related offences. When considering the appropriate standard, it is important to recognize that punishments that are disproportionate to the harm caused will create distortions that can only hinder effective criminal justice responses. For example, inadequate penalties can fail to deter future crimes and to deliver justice to victims, and potentially impair the effectiveness of international cooperation procedures, such as extradition, which are triggered by a severity test linked to the gravity of sanctions. On the other hand, rigid or extremely severe punishments, such as mandatory minimum custodial terms or provisions for capital punishment, may not meet the required human rights and criminal justice standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim's care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 81
- Paragraph text
- In some States, laws explicitly provide that restitution and compensation be made to victims of trafficking out of the proceeds of assets seizure. In Cambodia, for example, articles 46 and 47 of the Law on Suppression of Human Trafficking and Sexual Exploitation afford victims "preference over property confiscated by the State" for the payment of damages. Other schemes have been established to allow the direct transfer of funds to victims; for example, in Nigeria, the Victim of Trafficking Trust Fund manages the proceeds of confiscated assets for the welfare and rehabilitation of the victim. In 2008, in England and Wales (United Kingdom of Great Britain and Northern Ireland), in the matter of AT v Dulghieru, the High Court awarded compensation of £611,000 to four trafficking victims of the £786,000 that had been confiscated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 83
- Paragraph text
- The Special Rapporteur notes that there are other instances where, despite laws allowing for the seizure of assets, the proceeds of funds confiscated have reportedly failed to be distributed to victims. For example, in Bosnia and Herzegovina, which has a comprehensive anti-trafficking law, in a landmark case in 2009, a trafficking ringleader was sentenced to 12 years in prison, fined $14,286, and over $204,600 in assets were seized. There is, however, no evidence that these funds went to the victims. Similarly, in the Czech Republic, following the successful prosecution of eight gang members for trafficking, the assets of the accused, estimated at more than $1.5 million, were seized. Again, no evidence was found that the funds had been distributed to the victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 87
- Paragraph text
- A review of national criminal justice responses to trafficking reveals that, while States have begun to incorporate and implement elements and standards found in international human rights law, much remains to be done. Low prosecution and conviction rates around the world confirm that even those States with advanced criminal justice systems and sophisticated anti-trafficking strategies must look to improve their performance. Of particular concern is the need to ensure that the rights of all persons, most particularly but not exclusively victims, are respected.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 88
- Paragraph text
- States must take proactive steps to build the capacity of front-line officials from all agencies that might encounter trafficking crimes or victims for quick and accurate identification of trafficking victims. Governments should establish national referral mechanisms for identifying and assisting victims, in close cooperation with all actors, especially victim service providers and non-governmental organizations. States, as part of efforts and cooperation at the subregional level, should consider the adoption of transnational referral mechanisms for trafficked persons. This would encourage law enforcement cooperation in investigation, arrest and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 95
- Paragraph text
- The role of victim support agencies in identifying trafficking cases and victims, providing information on trends in human trafficking and delivering services and support should be recognized and facilitated by States. Efforts should be made to build confidence and to encourage greater coordinated collaboration. The conclusion of bilateral agreements and memorandums of understanding on key areas of delivery will aid communication and build trust. In partnering victim support agencies or other civil society organizations, States must not delegate the responsibility to provide for the well-being of victims and must remain vigilant to ensure respect for 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
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 100
- Paragraph text
- As States work to adopt a rights-based approach, they should be cognizant of the fact that certain laws and policies may have unintended negative consequences for victims of trafficking. Laws or policies that infringe the right to movement for victims or that impose mandatory detention or rehabilitation in the name of protection are in violation of human rights laws and may deny victims the right to a proper remedy. Care should be taken to enact clear and enforceable legal frameworks that comply with international standards and principles. Such frameworks must take practical constraints into account and be tailored to the State's legal system in order to provide protection and assistance to trafficked persons during the criminal justice process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 18
- Paragraph text
- The transplantation of organs from a living or deceased person into another person is a relatively new area of medical practice but one that is rapidly accelerating as a result of advances in surgery, immunology and pharmacology. Deceased persons remain the source of many organ transplants and indeed are the only possible source for certain transplants, such as those involving hearts and lungs. It is, however, increasingly possible, and in some cases preferable, to use the organs of living persons for some transplant procedures. Kidneys, for example, can be transferred from a living person, often with better results for the recipient and, in theory at least, with little harm to the donor.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 19
- Paragraph text
- Worldwide, there is an acute shortage of organs for transplantation, which effectively means that many people who would have benefited from such treatment will die. The mismatch between the growing demand for organ transplants and the strict limits on available supply is the root cause of many of the legal, ethical and human rights issues that arise around organ transplantation. For example, there is great debate around consent for deceased organ "donation" and even around the definition of death. In relation to both deceased and live transplantation, a key issue is the question of commercialization. The dominant view is that organs for transplantation should be a gift, generated by an act of altruism that is not distorted by incentives or payments. A money-driven market in organs is seen to benefit the rich at the expense of the poor, opening the door to greater exploitation of both the seller and the buyer. Others argue, however, that this system will never begin to satisfy the demand for transplants, that it produces wasteful inefficiencies and that it contributes to the growth of exploitative and uncontrolled shadow markets.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 20
- Paragraph text
- The focus of the present report is on one aspect of the broader environment sketched above: the exploitation of persons who are compelled by need or force to provide organs for transplantation to people within their own countries or to foreigners, to use the language of the Doha Communiqué of the Declaration of Istanbul Custodian Group, adopted on 14 April 2013. The terminology around this phenomenon is not settled. Some States and intergovernmental organizations claim that there is a difference between trafficking in organs and trafficking in persons for the removal of organs, with the latter a small subset of the former. The Special Rapporteur considers that the difference is largely semantic, given that organs are not moved or traded independently of their source. Rather, the source is moved or positioned in such a way as to make transplantation possible. Accordingly, it is more accurate to characterize the practice described above as "trafficking in persons for the removal of organs".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 21
- Paragraph text
- The restricted scope of the present report is a reflection of the mandate of the Special Rapporteur. It also reflects an appreciation of human exploitation for the purposes of organ transplantation, primarily from living sources, as a discrete problem that requires specific solutions. It is important, however, to acknowledge that this issue cannot be fully separated from broader questions around transplantation, including those relating to equitable allocation of organs and approaches to dealing with organ shortages. The exploitation of human beings for purposes of organ transplantation is also linked to other commodification practices, such as transnational commercial surrogacy, which hold special dangers for the rights and dignity of the world's poorest and most vulnerable, and to broader questions of justice and rights that arise in the context of medical tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 25
- Paragraph text
- Case studies examined by the Special Rapporteur involving victims from Eastern Europe, South America and Asia indicate that poor and often desperate individuals are lured into selling their organs on the promise of considerable payment that is almost never made in full. Many are also deceived about the nature of the procedure, the risks involved and the follow-up care required or to be provided. Debt bondage and extortion are used as forms of coercion. Passports are commonly withheld as a means of maintaining control over the movement of the victim before the operation. Efforts to back out of an agreement to sell an organ are met with violence and threats of violence. After the transplantation, organizers continue to threaten victims in order to ensure their silence. Victims are not offered adequate post-operative medical care and suffer physical and psychological harm and social exclusion.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 27
- Paragraph text
- The following case study summaries provide some indication of the nature of trafficking in persons for the removal of organs and of the many countries that may be involved.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 29
- Paragraph text
- In April 2013, five Kosovars, including three medical practitioners, were convicted of involvement in an organ trafficking syndicate that lured poor people from the Republic of Moldova, the Russian Federation and Turkey to Kosovo to sell their kidneys and other organs to wealthy transplant recipients from Canada, Germany, Israel and the United States of America. Recipients were charged up to $130,000. Victims, including five children, were promised payments of up to $26,000 and signed false documents in which they indicated that they were engaging in an altruistic donation to a relative. Many received no compensation or inadequate medical care. The European Union Rule of Law Mission in Kosovo has since announced further investigations that will target government officials allegedly involved in the syndicate.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 30
- Paragraph text
- There is growing evidence that Sudanese migrants making their way to Europe with the help of smugglers are allegedly being targeted for organ harvesting in Egypt. Smugglers detain them in Cairo and demand large sums of money for travel and other costs. Victims are often deceived into consenting to sell their organs or are unaware that their organs will be removed as a way of discharging the alleged debt (see A/HRC/20/30). In 2011, 57 such victims, including five children, reported a deterioration of their health and negative social, economic and psychological consequences following the experience.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 32
- Paragraph text
- One key feature of the response to trafficking in persons for the removal of organs is its separation from the broader international movement against trafficking in persons. Initial leadership in debate and action around trafficking in persons for the removal of organs was largely provided by the medical and transplant communities, which have been central to identifying the existence of a problem and developing standards and protocols for practitioners. For example, since 1985, the General Assembly of the World Medical Association has issued a series of resolutions and guidelines in which it has condemned the human organ trade and urged Governments to take action to prevent commercial markets. It has also addressed the use of organs from executed prisoners. At the sixty-third General Assembly of the World Medical Association, held in Bangkok in October 2012, a statement on organ and tissue donation was adopted, in which the Assembly affirmed its rejection of the practice in all cases because of the impossibility of instituting adequate safeguards against coercion.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 34
- Paragraph text
- The United Nations has also been active in debates and setting standards regarding trafficking in persons for the removal of organs, most particularly through the World Health Organization (WHO), which has issued a series of resolutions and guidelines on the subject, the most recent being the WHO guiding principles on human cell, tissue and organ transplantation, endorsed in 2010 by the sixty-third World Health Assembly in its resolution 63.22. Among other things, they stipulate that the human body and its parts are not to be the subject of commercial transactions and, in guiding principle 5, that "purchasing, or offering to purchase, cells, tissues or organs for transplantation, or their sale by living persons or by the next of kin for deceased persons, should be banned".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 35
- Paragraph text
- Trafficking in persons for the removal of organs and the related practices discussed herein have not been a central concern for the international human rights system. Only the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography explicitly addresses the issue by, under article 3 (1)(a)(i)(b), prohibiting the transfer of the organs of a child for profit. The Committee on the Rights of the Child has addressed the sale of organs in its consideration of national reports and the Special Rapporteur on the sale of children, child prostitution and child pornography has also raised concerns. The use of organs from executed prisoners in transplantation programmes in East Asia has attracted more focused attention from some parts of the human rights system, including the Committee against Torture.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 36
- Paragraph text
- The most significant international treaty on the subject, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, includes removal of organs as a form of exploitation associated with trafficking. Other features of the definition that link transplantation-associated exploitation are the acknowledgement of consent as being irrelevant when any of the stipulated means are used to secure recruitment, transfer, etc., and the list of means itself, which includes fraud, coercion and abuse of a position of authority.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 37
- Paragraph text
- With a few exceptions, regional intergovernmental responses to trafficking in persons for the removal of organs have been limited to the European system. Those responses have generally been on two tracks that mirror developments elsewhere: responses that have focused on trafficking in organs and responses that have included organ removal within definitions and instruments dealing with trafficking in persons. In relation to the second category, it should be noted that the major specialist instruments dealing with trafficking in persons within Europe (the Council of Europe Convention on Action against Trafficking in Human Beings and Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA) both include organ removal as a form of trafficking-related exploitation. In relation to the first category, the Council of Europe has been especially active. The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine articulated many of the principles affirmed in other instruments, including, in article 21, that "the human body and its parts shall not, as such, give rise to financial gain". An additional protocol to the Convention concerning transplantation of organs and tissues of human origin, adopted in 2001, extended its provisions to many issues associated with organ and tissue transplantation, including a prohibition on the (undefined) practice of organ trafficking. It has been noted that the practice infringes human rights, exploits vulnerable persons and undermines public trust in the transplant system. Consideration of this issue was extended in 2003 when the Parliamentary Assembly issued a recommendation on trafficking in organs in Europe.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 38
- Paragraph text
- Subsequent study and research within the Council of Europe led to the conclusion that there were important loopholes in the international legal framework that were insufficiently addressed by existing instruments dealing with trafficking in persons. That conclusion led to the development in 2013 of a draft Council of Europe convention against trafficking in human organs. The draft convention is intended to prevent and combat trafficking in human organs by providing for the criminalization of specific acts, protecting the rights of victims and facilitating national and international cooperation on the issue. The Special Rapporteur's analysis of the provisions and the explanatory documentation confirms the potential importance of this instrument, but indicates a number of potential issues of concern, including questions around the non-definition of trafficking in organs and the relative weakness of provisions relating to victim protection and support in comparison with those available to victims of trafficking under existing international law, including the Council of Europe Convention on Action against Trafficking in Human Beings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 40
- Paragraph text
- Prohibition of commercialism (buying, selling and financial gain). The international and regional standards mentioned above, which unanimously advocate prohibition of the buying and selling of human organs, have been incorporated by most countries into national law. The Islamic Republic of Iran runs a system of regulated, paid living and deceased organ donation that provides the notable exception. In countries that prohibit the sale of organs, donors may nevertheless receive limited compensation, which is not considered payment. Some countries, such as the United States, reimburse some expenses and give grants for programmes to increase donations and effective transplant process. Other countries, including Israel and Singapore, have gone much further in incentivizing donation, for example by according priority for transplantation to persons on the national donor registry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 42
- Paragraph text
- Prohibition of trafficking in persons for removal of organs. States parties to the Trafficking in Persons Protocol, of which there are currently 157, are required to criminalize trafficking of persons for a range of purposes, including for organ removal. Most countries have enacted such laws, but not all have included trafficking in persons for the removal of organs within their scope. It is relevant to note that, within national legislation, the offence of trafficking in persons often has a broad jurisdictional basis that enables prosecution for offences occurring outside the country involving a citizen as either a victim or a perpetrator, thereby opening up a potential avenue to prohibit and prosecute practices relating to transplant tourism. The offence may bring such practices within the operation of other national laws, such as those relating to transnational organized crime, corruption and money laundering. Conduct relating to trafficking in persons for the removal of organs may also be subject to prosecution through the application of criminal laws dealing with matters such as assault, fraud and falsification of identity or travel documentation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 43
- Paragraph text
- Enforcement of trafficking in persons for the removal of organs and related laws. There is little information available on prosecutions for trafficking in persons for the removal of organs and related offences, although what information is available appears to confirm that the number of such prosecutions is extremely low. It is certainly the case that the enforcement of laws around trafficking in persons for the removal of organs and related offences does not appear to be a high priority for most Governments or national criminal justice agencies. Recent high profile prosecutions may indicate a shift in this situation, although that remains to be confirmed. Enforcement problems are not unique to trafficking in persons for the removal of organs. It is well established that, as a general crime type, trafficking in persons is extremely difficult to investigate and prosecute successfully. There is, however, some indication that trafficking in persons for the removal of organs appears to present special and additional difficulties: victims have very little incentive to cooperate with criminal justice authorities and may themselves be liable to prosecution. In addition, the protection now available to many victims of trafficking aimed at encouraging such cooperation is rarely, if ever, extended to victims of trafficking in persons for the removal of organs. Law enforcement authorities lack expertise and awareness and the complexity of transnational networks operating in this area challenges even the most sophisticated agencies. Of course, prosecutions are only one measure of success. In some countries, new laws aimed at preventing trafficking in persons for the removal of organs may have positively influenced this situation without the benefit of substantial prosecutions. In other countries, however, the enactment of laws banning commercialization of transplantation and other practices relating to trafficking in persons for the removal of organs appears to have had little impact.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 45
- Paragraph text
- Regulation of deceased organ donation. The way in which deceased organ donations are regulated can also affect trafficking in persons for the removal of organs. For example, it is argued that the opting-out system, whereby persons are presumed to have consented to donation unless otherwise indicated, will increase the number of organs available for transplantation, thereby reducing the various incentives that feed trafficking in persons for the removal of organs. It is important to note, however, that these approaches also carry risks with regard to the rights of vulnerable persons. For example, studies have found that such laws penalize the poor and illiterate, who lack the time, resources and knowledge to actively opt out. Presumed consent laws could also encourage the withholding of life-saving measures from unprotected persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 46
- Paragraph text
- Outside of the rules and standards that apply to trafficking in persons, the international legal framework around many of the practices examined herein is extremely weak. For example, as shown above, there is no clear international prohibition against transplant tourism and very few States have succeeded in legislating effectively in the area. Commercialization of transplantation is subject to strong censure by WHO and professional groups and has been banned by many countries, but international law is silent on this issue. This lacuna creates gaps and weaknesses that prevent strong national responses, inhibit cross-border and international cooperation and obscure the very real human rights issues that lie at the heart of transplantation-related exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 47
- Paragraph text
- The identification of removal of organs as an exploitative purpose of trafficking in persons is a major step forward in changing this unsatisfactory situation. The opportunities presented by the development of a robust international legal framework around trafficking in persons have not yet been fully taken up, however. One of the principal reasons for the failure to leverage the trafficking in persons framework against transplantation-related exploitation is the persistent attachment of some States and intergovernmental organizations to a distinction between trafficking in organs and trafficking in persons for removal of organs. As shown above, this distinction is largely unjustified because the principal issue of focus, the exploitation of persons who are compelled by need or force to provide organs for transplantation to people within their own countries or to foreigners, falls squarely within the international legal definition of 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
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 48
- Paragraph text
- This is confirmed by many of the case studies examined by the Special Rapporteur that meet the following three elements of the crime and human rights violation of trafficking in persons: the act (individuals were recruited, harboured and/or received, often also transported and transferred); the means (the acts were secured through fraud (relating to payment, effects, follow-up care, etc.), sometimes also through force and coercion, often through abuse of a position of vulnerability); and the purpose (the acts were undertaken for purposes of exploitation by removal of an organ). It is certainly possible that some of the cases may fall within the various non-legal and non-binding conceptions of trafficking in organs. There can be no doubt, however, that they are, first and foremost, situations of trafficking in persons. Critically, provided that one or more of the means are established, whether victims have consented to the procedure or have received payment for undergoing the procedure is irrelevant.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 49
- Paragraph text
- As has been noted previously, characterizing practices such as organ commercialization or transplant tourism as trafficking in persons for the removal of organs has a substantial effect on the nature of State obligations and on individual rights that arise as a result of those obligations. For example, States parties to the Trafficking in Persons Protocol are, pursuant to article 5, under a clear international legal obligation to criminalize trafficking in persons for the purpose of removal of organs as well as attempting, participating in, organizing and directing other persons in the commission of trafficking in persons for the purpose of removal of organs. They are also required to establish liability in respect of both natural persons and legal persons, thereby extending the reach of criminal and civil law to the medical and other establishments that are so often involved in trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 51
- Paragraph text
- The broader legal framework around trafficking in persons includes international human rights law. The importance of a rights-based and victim-centred approach to trafficking in persons has been well established and the parameters of such a response have been fleshed out in detail in the reports of the Special Rapporteur to the Human Rights Council and the General Assembly (see A/65/288 and A/HRC/20/18) and in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). Very little attention has been paid, however, to how such a response would be developed and applied in the context of trafficking in persons for the removal of organs. In general, it appears that the procedures and approaches developed to date do not take full account of the particularities of trafficking in persons for the removal of organs, including the needs of victims. This state of affairs has contributed to marginalization of victims and their rights, including within broader policy discussions around transplantation and transplantation-related exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 52
- Paragraph text
- For example, it is well established that failure to swiftly and accurately identify victims of trafficking effectively denies those persons the rights to which they are entitled. Victims of trafficking in persons for the removal of organs are almost never identified. As understanding of trafficking in persons for the removal of organs improves, the reasons why are becoming clear. Such trafficking is a highly clandestine activity with little opportunity for public exposure. Victims may not perceive themselves as such, in particular if they have broken laws by engaging in an agreement to sell an organ. They often fear stigmatization and will hide the fact of their surgery, even from close family members. A further challenge to identification lies in the fact that, unlike other forms of trafficking, trafficking in persons for the removal of organs is essentially a one-off event that can often be completed within a very brief period, reducing the opportunity for detection.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 53
- Paragraph text
- The obligation of active identification in this context will require States to, at a minimum, undertake national-level assessments of the problem with a view to ascertaining where victims (and potential victims) may be located and how they could be identified. There is also a clear need for States to examine existing procedures and protocols that relate to the identification of victims of trafficking in order to ensure their relevance and effectiveness with regard to trafficking in persons for the removal of organs. A similar need exists at the international level, given that the general invisibility of trafficking in persons for the removal of organs is reflected in many of the tools and mechanisms developed to support the identification of victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 54
- Paragraph text
- The nature of trafficking in persons for the removal of organs also presents specific challenges in relation to victim protection and support that may not be met through conventional approaches. Victims have almost inevitably suffered serious physical injury and are also likely to be psychologically and emotionally traumatized. Social and religious stigma may exacerbate such trauma. Victims may also be in danger of retaliation from brokers and others involved in organizing their surgery. The nature of that intimidation may reflect the very particular nature of their exploitation, such as threats to withhold medical care or of humiliating public exposure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 55
- Paragraph text
- Unfortunately, very few service providers working with victims of trafficking have any contact with, or knowledge of, victims of trafficking in persons for the removal of organs. This state of affairs has contributed to a situation where such victims largely remain "undetected, unidentified, without access to support, assistance and protection measures … [with] no access to fundamental human rights". It is unsurprising that the way in which victim support services have been developed for trafficked persons will not necessarily make them suitable or adequate for victims of trafficking in persons for the removal of organs. For example, victims will have long-term and immediate medical needs. They can expect to suffer gradual deterioration of their health and possibly a lifetime of financial disadvantage. No State currently has mechanisms and procedures in place to meaningfully respond to this level of need. Very few civil society organizations are working with and for victims of trafficking in persons for the removal of organs and those involved in this area report needs that go well beyond their capacity to meet.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 58
- Paragraph text
- It has been noted that victims of trafficking in persons for the removal of organs can be subject to criminal sanction, typically relating to their violation of a law that prohibits the sale of organs or that otherwise restricts the categories of persons permitted to donate an organ for transplantation. Victims could, however, also be criminalized for other status-related offences, such as irregular migration, document forgery and fraud. Criminalization is the antithesis of a victim-centred approach and invariably results in trafficked persons being denied the rights to which they are entitled under international law, including to assistance and protection and the right of access to remedies. The Special Rapporteur has repeatedly endorsed the position that victims of trafficking should not be subject to criminalization for crimes that they have been compelled to commit (including through abuse of their position of vulnerability). In her view, this standard applies equally to victims of trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 59
- Paragraph text
- A rights-based approach to prevention of trafficking in persons for the removal of organs is of critical importance in view of the many complex and controversial issues raised by this particular form of exploitation. In developing strategies to address vulnerability and root causes, it will be important to cultivate stronger understanding of how trafficking in persons for the removal of organs happens and why. For example, information, awareness-raising and educational campaigns would appear to have special applicability in cases where exploitation is often made possible through misinformation. Prevention also requires measures to tackle the current high levels of impunity that exist around trafficking in persons for the removal of organs. States are obliged to develop a strong legal and regulatory framework and to take the steps necessary to establish an effective criminal justice response that targets those involved in the exploitation. The key elements of an effective criminal justice response to trafficking in persons have been identified. It will be important to review these elements for their applicability to the very specific features of the crime of trafficking in persons for the removal of organs. For example, the requirement of a strong investigatory capacity will demand that law enforcement officials be made aware of trafficking in persons for the removal of organs and develop a capacity to identify both victims and perpetrators. While international cooperation is important in many trafficking cases, it is particularly critical in cross-border cases of trafficking in persons for the removal of organs where effective enforcement of national laws will often require information and evidence from other countries. The involvement of medical professionals in trafficking in persons for the removal of organs (as offenders, first-line responders and in a preventive capacity) must also be carefully considered in terms of developing appropriate preventive strategies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 62
- Paragraph text
- The international legal framework around trafficking in persons for the removal of organs also provides important guidance for navigating the larger ethical and policy issues around transplantation and transplantation-related exploitation. For example, it can be convincingly argued that international human rights law and a rights-based approach support a complete rejection of all forms of transplant commercialism because of the inherent and ultimately unmanageable risks of exploitation. A human-rights-based approach will also accord priority to equality and non-discrimination over other considerations when it comes to developing responses to organ shortages and establishing criteria for equitable allocation of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 64
- Paragraph text
- There is also a risk that the development of a parallel legal regime for trafficking in organs will undermine the effectiveness of the extremely comprehensive legal regime that has been developed around trafficking in persons. Certainly, research conducted for the present report confirmed that the very robust and comprehensive set of rules and standards that apply to trafficking in persons for the removal of organs are not fully appreciated and are not being fully utilized. For example, as victims of trafficking in persons, those who have been subject to trafficking in persons for the removal of organs are entitled to a wide range of identification, assistance and protection rights that would not otherwise be available to them. The identification of transplantation-related exploitation as trafficking in persons for the removal of organs also imposes substantial and wide-ranging obligations on States with regard to criminalization and international legal and operational cooperation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 66
- Paragraph text
- When considering responses to trafficking in persons for the removal of organs, it is important to acknowledge the disproportionate burden that is placed on less-wealthy countries in relation to all aspects of the problem and its response. It is from those countries that most, if not all, victims originate and it is largely within less-developed countries that trafficking in persons for the removal of organs, including associated transplantation procedures, is actually conducted. Relatively wealthier countries are often the source of demand for trafficking in persons for the removal of organs. They do not bear the costs incurred to victims and are rarely the focus of calls for investigation and prosecution. A human-rights-based approach requires a review of this situation and more equitable sharing of the burden of victim protection and support, in addition to legal and criminal justice responses.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 74
- Paragraph text
- All States, in particular countries of "demand", should take steps to ensure that the jurisdictional reach of their laws relating to trafficking in persons for the removal of organs enables the effective prosecution and punishment of related offences involving their nationals. For countries requiring specific legislation, this would be most effectively secured through laws that extend the national legislative prohibition on trafficking in persons for the removal of organs and related offences extraterritorially, irrespective of the legal status of the relevant acts in the country in which they occur. Extraterritorial legislation developed to combat child sex tourism and similarly situated offences can provide a useful model in this regard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 81
- Paragraph text
- Discharging the obligation of identification will also require States to review existing victim identification procedures, protocols and practices and revise them as necessary to reflect the particular situation of victims of trafficking in persons for the removal of organs, including challenges of identification that are unique to this form of exploitation. Further steps would include ensuring that those in a position to identify victims (such as medical professionals and front-line law enforcement officials) have the technical capacity to do so effectively and that structures and procedures are in place to support such identification.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 82
- Paragraph text
- All victims of trafficking in persons for the removal of organs have a right to immediate protection from further harm and to the necessary medical, psychological and other support. States should review existing procedures, protocols and practices of protection and assistance to victims of trafficking with a view to ensuring that these meet the particular needs of victims of trafficking in persons for the removal of organs, for example in relation to provision of follow-up medical care. States should develop specialized protection, assistance and support services for victims of trafficking in persons for the removal of organs to the extent that such are required to meet their needs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 100
- Paragraph text
- The development of new international legal regimes around trafficking in persons for the removal of organs should be based on a thorough review of the strengths and weaknesses of existing international legal regimes and seek to add substantive value to those regimes, while avoiding confusion and unnecessary duplication. It will be particularly important to ensure that new instruments, such as the proposed Council of Europe convention against trafficking in human organs, do not place victims in a less favourable position than they would otherwise be in under existing legal instruments dealing with 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
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 14
- Paragraph text
- In the context of demand that fosters exploitation of persons and leads to trafficking in persons, one can differentiate direct and derived demands. Direct demand is for a service which is specifically provided by a person who has been subjected to one of the forms of exploitation listed in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Trafficking in Persons Protocol). Demand is also direct when it is for goods produced by a person who has been trafficked and subjected to one of these forms of exploitation. Examples of direct demand are: for domestic workers or care workers who have no alternative but to obey. Such demand is routinely for either migrants or children, in conditions where the workers concerned are unable (or unauthorized) to leave their employer - conditions which are sometimes due directly to legislation in force in the State concerned and sometimes a lack of protection measures, particularly child protection measures - for particular commercial sexual services which are not available from someone who has not been trafficked. "Derived demand" is not directly for the services of a trafficked or exploited person or for a commodity which they have helped produce, but for something else, usually for products or services that are particularly cheap. However, in some circumstances it is apparent that the service or commodity in question is highly unlikely to be available unless provided by trafficked persons. Examples of derived demand are: employer demand for cheap and docile workers; demand from businesses or institutions for the products or services of others (i.e., with what is called a "supply chain"), sometimes in other countries; consumer demand for cheap goods or particular services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 15
- Paragraph text
- On the basis of commissioned research in five Asian countries (in six sectors of income-generating activity), an International Labour Organization (ILO) report concluded that "the trafficking phenomenon is to a very high extent a result of employers' unchallenged ability to create their own - often exploitative - working conditions for women and children in informal 'hidden' sectors where they easily can take advantage of the legislative weaknesses. The same report notes that "demand and supply factors are closely intertwined … Poverty and expectations of better earning opportunities induce thousands … to migrate and seek employment in unregulated and informal sectors where they are extremely vulnerable to exploitation. This abundant labour supply … fuels a level of demand that would not otherwise be there".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 19
- Paragraph text
- On a number of occasions over the past decade, concern has been voiced that large-scale sporting events create a demand for the services of people who are trafficked and therefore require preventive action specifically to discourage demand. This concern led various agencies to inform the media before sporting events that large numbers of women or children were about to be trafficked. Some recent campaigns to discourage demand associated with sporting events have taken a wider perspective, pointing out that the organizers of sporting events have a responsibility to prevent not only people being trafficked to provide sexual services to fans, but also trafficking in the context of construction and the production of merchandise for sale at the events.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 20
- Paragraph text
- The fundamental international instrument containing specific provisions on demand is the Trafficking in Persons Protocol. Its article 9, paragraph 5, states that States parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking. The Protocol refers to the generic categories of measures that should be taken to discourage demand, but is not more precise. The guide published to advise States on what steps to take to implement the Protocol points out that "demand reduction … could be achieved in part through legislative or other measures targeting those who knowingly use or take advantage of the services of victims of exploitation".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 26
- Paragraph text
- The main international standard on employment agencies, ILO Convention No. 181 (1997) concerning Private Employment Agencies specifies that "private employment agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to workers" (art. 7.1). If respected, this provision should stop workers being put into debt bondage by recruitment agents; however, the Convention has not yet been widely ratified. The Convention also requires States to "adopt all necessary and appropriate measures … to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies" (art. 8). The measures specified include penalties for private employment agencies which engage in fraudulent practices and abuses, including their prohibition.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 29
- Paragraph text
- The European Union Strategy towards the Eradication of Trafficking in Human Beings 2012-2016 contains specific provisions on addressing demand. It is planned that a European business coalition against trafficking in human beings will be established in 2014 to improve cooperation with businesses and other stakeholders, respond to emerging challenges and discuss measures to prevent trafficking in human beings, in particular in high-risk areas. In 2016, the European Commission intends to work together with the coalition to develop models and guidelines on reducing the demand for services provided by victims of trafficking in human beings, in particular in high-risk areas, including the sex industry, agriculture, construction and tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 31
- Paragraph text
- The 2003 Organization for Security and Co-operation in Europe Action Plan to Combat Trafficking in Human Beings recommended "adopting or strengthening legislative, educational, social, cultural or other measures, and, where applicable, penal legislation, including through bilateral and multilateral co-operation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and that leads to trafficking". Furthermore, in its decision No. 8/07 on combating trafficking in human beings for labour exploitation, the Organization's Ministerial Council urged participating States to "develop programmes to curb the fraudulent recruitment used by some employment agencies that can make persons more vulnerable to being trafficked" (para. 16).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 32
- Paragraph text
- The Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) adopted in 2004 a Memorandum of Understanding in which Member States recognize the "link between the demand for trafficking and the growing demand for exploitative labour and exploitative sexual services". It also lays emphasis on the importance of bilateral arrangements in "promoting safe, orderly and well-regulated migration as this serves to reduce the demand for illegal migration services which provide opportunities for traffickers" and "encouraging destination countries, including those from outside the Greater Mekong Sub-region to effectively enforce relevant national laws in order to reduce the acceptance of exploitation of persons that fuels the demand for the labour of trafficked persons".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 36
- Paragraph text
- Although States reporting on the measures taken to discourage demand have reported on a wide range of methods, including some intended to address supply, the Special Rapporteur recognizes that not all prevention measures, even those specifically affecting the places where trafficked persons are exploited, should be regarded as measures to discourage demand. Further, in the debate about what to do to discourage demand, many stakeholders have focused exclusively on demand for commercial sexual exploitation, particularly of women and girls, and neglected other forms of demand, such as demand for exploitative labour and organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 38
- Paragraph text
- Following its second meeting in 2010, the Chair of the Working Group on Trafficking in Persons of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime noted the range of measures for States parties to take: States parties should adopt and strengthen practices aimed at discouraging demand for exploitative services, including considering measures to regulate, register and license private recruitment agencies; raising the awareness of employers to ensure their supply chains are free of trafficking in persons; enforcing labour standards through labour inspections and other relevant means; enforcing labour regulations; increasing the protection of the rights of migrant workers; and/or adopting measures to discourage the use of the services of victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 41
- Paragraph text
- As stated in the Trafficking in Persons Protocol, factors that make people vulnerable to trafficking and demand must be addressed in the strategies to prevent trafficking. This is further reinforced by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent trafficking shall address demand as a root cause and States shall ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination. States may be held legally responsible for their failure to take adequate measures to prevent trafficking in persons, including measures to discourage demand. States in which exploitation of persons occurs or is alleged to occur have a particular responsibility to take action to discourage demand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 43
- Paragraph text
- A variety of social and child protection measures are aimed at alleviating harsh social or economic conditions which might otherwise encourage demand. States in various parts of the world have reported implementing measures that specifically concern migrant domestic workers employed in private households, especially in the context of employers who enjoy privileges, immunities and facilities. In such cases, States have generally concluded that the migrant domestic worker should have a formal contract establishing a minimum wage and stipulating the maximum number of working hours per week, as well as other conditions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 49
- Paragraph text
- Evidence suggests that when businesses work together to stop human trafficking, they can have a significant impact. For example, 10 food corporations in the United States of America involved in selling fast food, food services and groceries signed what were called "fair food agreements" in 2010 with an organization representing migrant farmworkers. Retailers purchasing large quantities of tomatoes accepted a legal obligation "to cut off purchases in the event slavery is discovered in their supply chain". The agreement came after a consumer boycott of one retailer, organized as a result of a campaign by the migrant farmworkers' organization. The consumer boycott was started after it became known that labourers subjected to forced labour had worked on several farms that were supplying tomatoes to major retailers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 52
- Paragraph text
- States have a duty to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 59
- Paragraph text
- Following the First World Congress against Commercial Sexual Exploitation of Children in Stockholm in 1996, the efforts in preventing children from being sexually exploited in holiday resorts focused on measures to be taken by hotels and travel businesses, rather than simply on public information intended to discourage tourists for paying for sexual services with children. A Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism was adopted in 2001 to protect children from sex tourism for tourism businesses. At the end of 2012, the Code was reportedly being implemented by over 1,030 companies in 42 countries.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 61
- Paragraph text
- At the global level, the mechanisms to enforce the Protocol obligations under article 9 on the prevention of human trafficking, including discouraging "the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking", need to be further strengthened. While comparable treaties, such as the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination, have their implementation overseen by a committee - which acts as the most powerful enforcement body ensuring that the obligations within the conventions are met - there is no such committee established to govern compliance with the Protocol.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 63
- Paragraph text
- States are also responsible for implementing appropriate measures to guarantee internationally recognized labour rights in all categories of workplaces, particularly the "core labour rights", which include the two ILO conventions on forced labour, as well as ILO conventions to guarantee the right to freedom of association and against child labour and discrimination. Nevertheless, the Special Rapporteur and her predecessor have noted in the course of country visits that Government authorities make repeated exceptions, in law or in practice, creating spaces where employers can violate labour rights with impunity.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 65
- Paragraph text
- Evidence collected over the past decade indicates that a substantial proportion of the workers who are trafficked and subjected to forced labour are contract workers who are not recruited or employed directly by the business for which they are working (on a work site, such as a farm or construction site). Instead, they are supplied by an agency or intermediary. In such circumstances, States should consider regulating the activities of recruitment agents and agencies. If they decide not to introduce a system of regulation, States still have a responsibility to ensure that recruitment agents and agencies are not contributing to human trafficking, both by checking on the effectiveness of any system of self-regulation practiced by the employment industry and ensuring that suitably trained law enforcement officials are available to investigate whenever abuses are reported.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 67
- Paragraph text
- Even businesses which invest significant amounts in checking their supply chains suffer from the fact that there is no internationally recognized standard for the process of checking whether minimum labour standards and human rights standards are respected in the workplace. It is challenging for other businesses and individual consumers to assess whether the cheap cost of a product was due to good business management or due to abuse in the production process. It is the responsibility of the State (in addition to being the responsibility of employers, business owners and investors) to ensure that keeping production costs and wage bills to a minimum is not achieved by illegal or abusive means.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 73
- Paragraph text
- In its general comment No. 27 (1999) on freedom of movement, the Human Rights Committee emphasized the importance of the principle of proportionality, in the context of principles which were applicable when determining what restrictions it is legitimate for States to impose on freedom of movement. It reads: "Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 74
- Paragraph text
- The Special Rapporteur does not wish to contribute to a rise in protectionism in world trade, but is aware that, by allowing the importation of goods which are known to have been produced wholly or partially by trafficked persons, States are failing to use this opportunity to discourage demand. There are important distinctions to make between exploitation of persons (associated with trafficking in persons) and the exploitation of child labour, with ILO estimating that the latter involves well over two hundred million children. It might be relatively easy for organizations with protectionist motives to claim that particular products are tainted by exploitation, in the absence of credible evidence. The Special Rapporteur consequently reaffirms the importance of States, as well as businesses, promoting the collection and publication of evidence by independent monitors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 78
- Paragraph text
- An increased focus on consultation of the key groups affected by measures to reduce demand may reduce the possibility of unanticipated negative impacts of such strategies arising, or of the implementation of measures which are not wanted by those they will primarily impact upon. A range of human rights are violated in human trafficking cases, covering a broad area in the social sphere and linked to different kinds of activities. Responses, therefore, require a multidisciplinary approach. Consultation with those affected by measures to reduce demand can highlight the complexity of the issues, as well as suggesting further courses of action and research.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 79
- Paragraph text
- A human rights-based approach to human trafficking must ensure legislation and policy does not infringe upon other human rights. A key issue here concerns the freedom of movement and the risks involved with measures to reduce demand. Such measures have the potential to provide States with a rationalization for the intensification of efforts to prevent immigration. Furthermore, a recent UNESCO report notes that anti-trafficking measures often disproportionately focus on combating irregular migration, rather than on the conditions to which victims are subjected, and lack assistance and protection services for victims. In many countries, assistance, protection and even temporary regularization of immigration status are dependent upon compliance with law enforcement authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 85a
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] States should identify and analyse factors that generate demand for exploitative sexual services and exploitative labour and take strong legislative, policy and other measures to address these issues. Measures to discourage demand should be based on existing experience and accurate information about patterns of trafficking in persons occurring in their jurisdiction (concerning people trafficked into, through or out of their territory);
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 85f
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] Measures to discourage demand which involve restricting the exercise of the human rights, including by individuals who are judged to be especially vulnerable to being trafficked, should conform with the principle of proportionality (i.e., they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected);
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 85g
- Paragraph text
- [Taking in account States' obligations under international human rights law, the Special Rapporteur would like to offer a set of recommendations which may serve as a basis for human rights-based measures to discourage the demand that fosters or leads to trafficking in persons:] It is necessary to ensure that anti-trafficking measures do not adversely affect the human rights and dignity of persons, in particular the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum seekers. States should actively monitor the impact and possible side effects of measures to discourage demand and take appropriate action to address any unintended side effects which restrict the exercise of 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
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 9
- Paragraph text
- Trafficking in persons was defined internationally for the first time in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), as consisting of three elements: (a) an "action", being recruitment, transportation, transfer, harbouring or receipt of persons; (b) a "means" by which that action is achieved, for example threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability and the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; and (c) a "purpose" of the intended action or means, namely exploitation. All three elements must be present to constitute trafficking in persons in international law. The only exception is that when the victim is a child, the "means" element is not part of the definition.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 10
- Paragraph text
- That definition affirmed that trafficking is much wider in scope than previously envisaged; that it can take place for a wide range of end purposes, including, but not limited to, sexual exploitation; that it can involve men and boys, as well as women and girls, as victims; and that it can take place across borders or within a country, including the victim's own. The scope of the mandate of the Special Rapporteur also includes trafficking in children for sexual purposes, child labour, adoption and participation in armed conflict; trafficking in men for forced labour, organized crime and other exploitation; trafficking in women and girls for forced marriage, sexual exploitation and forced labour; and trafficking in persons for the removal of organs (A/HRC/10/16, para. 16 and Corr. 1). A number of partners of the mandate have highlighted the substantive contribution that has been made to expanding the discourse in relation to the identification and exploration of different forms and manifestations of exploitation related to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 11
- Paragraph text
- The mandate of the Special Rapporteur was established by the Commission on Human Rights in 2004 (resolution 2004/10) to focus on the human rights aspects of the victims of trafficking in persons, especially women and children. Since then the mandate has been renewed three times by the Human Rights Council, in 2008 (resolution 8/12), 2011 (resolution 17/1) and at the twenty-sixth session of the Council in June 2014. In those resolutions, the Council required the Special Rapporteur to (a) seek and receive information from States, human rights bodies and other relevant sources and respond effectively to such information; (b) submit reports, together with recommendations on practical solutions with regard to the implementation of the relevant rights; (c) examine the human rights impact of anti-trafficking measures with a view to proposing adequate responses; and (d) work closely with other mechanisms of the Human Rights Council, the United Nations, regional organizations and victims and their representatives. The establishment of the position of Special Rapporteur, with an explicit mandate to address the human rights aspects of trafficking, affirmed on behalf of the international community two key principles: first, that the human rights of trafficked persons should be at the centre of all efforts to combat trafficking; and second, that anti-trafficking measures should not adversely affect the human rights and dignity of all persons concerned. From 2004 to 2007, the mandate was held by Sigma Huda, from 2008 to 31 July 2014 by Joy Ezeilo and the third Special Rapporteur, Maria Grazia Giammarinaro, appointed by the Human Rights Council in June 2014, assumed her functions on 1 August.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 12
- Paragraph text
- Since the inception of the mandate, the mandate holders have adopted a human rights-based and victim-centred approach in addressing all forms of trafficking and its victims, as well as focusing on causes and vulnerability factors, such as poverty, inequality and discrimination. The fulcrum of the work of the mandate holders has relied specifically on 11 pillars: the "five Ps" (protection, prosecution and prevention, punishment of perpetrators and promotion of international cooperation); the three "Rs" (redress, rehabilitation and reintegration); and the three "Cs" (capacity, coordination and cooperation). The working methods of the mandate are set out below.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 13
- Paragraph text
- The participatory and collaborative methodology adopted by the mandate holders has enabled them to benefit from engagement with a wide range of stakeholders, including international, regional and subregional bodies working on trafficking issues; the private sector; and persons and institutions with particular expertise, such as the medical and transplant communities. Greater visibility of the mandate, through cooperation and partnership with States and stakeholders, was further identified by a number of States and stakeholders as an element which enables the mandate holder to fulfil the role of the moral voice for trafficking in persons in an independent manner. Interaction with victims of trafficking has also been critical, drawing from real experiences and ensuring that the measures taken to address trafficking benefit those in need; that unintended harmful consequences are anticipated and avoided; and that opportunities for change and improvement are identified in a timely way.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 14
- Paragraph text
- Thematic studies have also been a major focus of the work of the mandate holders. Topics for study have been chosen on the basis of their relative importance and urgency, as well as the capacity of the Special Rapporteur to make a contribution to shaping international standards, developing practical solutions and promoting awareness in the chosen area. Issues covered in this way have included measures to discourage demand (E/CN.4/2006/62 and A/HRC/23/48); trafficking for forced marriage (A/HRC/4/23); victim identification, protection and assistance (A/64/290); regional and subregional cooperation in promoting a human rights-based approach to trafficking (A/HRC/14/32); prevention of trafficking (A/65/288); the right to an effective remedy for trafficked persons (A/HRC/17/35); the administration of criminal justice in the cases of trafficked persons (A/HRC/20/18); trafficking in supply chains (A/67/261); and trafficking in persons for the removal of organs (A/68/256).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 15
- Paragraph text
- At the national level, the thematic reports of the Special Rapporteur have been used by some States (including some that have not so far been visited by the Special Rapporteur) and civil society organizations to elaborate or strengthen institutions and policies; as reference documents for further research; and to raise awareness of the topic covered. Some stakeholders have noted that the thematic issues covered in the annual reports of the Special Rapporteur have been reinforced by a number of resolutions on combating trafficking adopted by the Human Rights Council and the General Assembly, which have contributed to wider sensitization and implementation. Moreover, the Special Rapporteur also welcomes with appreciation the decision of the General Assembly in resolution 68/192 to designate 30 July as the World Day against Trafficking in Persons, in the context of the need for raising awareness of the situation of victims of human trafficking and for the promotion and protection of their rights. She also recognizes the two new international legal instruments on forced labour that the International Labour Organization adopted in June 2014: the Protocol of 2014 to Convention No. 29 (1930) concerning Forced or Compulsory Labour and Recommendation No. 203 (2014) on supplementary measures for the effective suppression of forced labour. Many of their key provisions, including those addressing remedies, the protection of victims from punishment for crimes they were compelled to commit and protection from abusive recruitment practices, echo the themes and substantive areas of focus of the work of the Special Rapporteur.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 16
- Paragraph text
- Regional and subregional bodies addressing the issue of trafficking in persons also considered the mandate holder as a strategic partner and complemented the initiatives taken, with a view to promoting and harmonizing anti-trafficking approaches. For example, the co-chairs of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crimes, have played an important role in supporting the right to an effective remedy for trafficked persons within the framework of the process. That has included the development of a policy guide on trafficking in persons, aimed at assisting countries to implement international obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 17
- Paragraph text
- Country visits have further helped to ground the mandate holders' understanding of the problem of trafficking in national realities and to forge relationships with those on the front line, while also providing the States concerned and their partners with an opportunity to access information, expertise and insight. Between 2004 and 2014 country visits were undertaken to Bosnia-Herzegovina and Lebanon in 2005 (E/CN.4/2006/62/Add.2 and Add.3); to Bahrain, Oman and Qatar in 2006 (A/HRC/4/23/Add.2); to Belarus, Poland and Japan in 2009 (A/HRC/14/32/Add.2, Add. 3 and Add.4); to Egypt, Argentina and Uruguay in 2010 (A/HRC/17/35/Add.2, Add.3 and Add.4); to Thailand and Australia in 2011 (A/HRC/20/18/Add.1 and Add.2); to the United Arab Emirates, Gabon and the Philippines in 2012 (A/HRC/23/48/Add.1, Add.2 and Add.3); to Morocco, Italy, Bahamas and Belize in 2013 (A/HRC/26/37/Add.3, Add.4, Add.5 and forthcoming Add.6); and Seychelles in 2014 (A/HRC/26/37/Add.7).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 18
- Paragraph text
- The impact of country visits on anti-trafficking efforts at the national, regional and international levels has also been noted by partners. In this regard, the Special Rapporteur was pleased to learn that the recommendations she made to Member States, following country visits, for reforming national legislative and anti-trafficking policy frameworks in line with international norms had largely been implemented. This has meant shifts in policy and practice around trafficking. For example, in Morocco, a new migration policy includes measures to address trafficking in persons; in Japan, the action plan to combat trafficking in persons now covers all elements of the international definition of trafficking and includes specific provisions for trafficking in men and boys; in Australia, the national action plan to combat human trafficking and slavery is set to address a number of her recommendations; and in Belarus, the national plan of action for gender equality includes measures for the protection of, and assistance to, victims of trafficking. The establishment of, or amendments to, national anti-trafficking laws in conformity with the definition in the Palermo Protocol and the ratification of international and regional instruments for the protection of victims of trafficking were also positive achievements following a country visit by the Special Rapporteur. In that regard, States, including Australia, Lebanon, Seychelles and Thailand, have promulgated new national legal instruments addressing various aspects of trafficking in persons while others, such as Belarus, Bosnia and Herzegovina and Japan, have amended the relevant anti-trafficking provisions in existing laws. Recommendations concerning the establishment or strengthening of national rapporteurs on trafficking, and equivalent mechanisms, and cooperation with civil society organizations were, for the most part, followed up. In a number of countries, interministerial anti-trafficking committees have been established and services, including hotlines and shelters, to provide assistance to victims of trafficking put in place (Japan, Lebanon, Seychelles). Examples of how States have strengthened their partnerships with authorities in source, transfer and destination countries include bilateral agreements entered into with other States, as was done by Bosnia and Herzegovina and Thailand, or by supporting various anti-trafficking programmes in source countries such as Japan. A number of countries have also strengthened collaboration with civil society organizations in the provision of assistance to victims of trafficking and the development of national referral guidelines for the identification of, and support to, victims in a coordinated manner.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Boys
- Men
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 19
- Paragraph text
- The Australia-Asia programme to combat trafficking in persons, launched in 2013 to strengthen criminal justice responses in the ASEAN region, is another example of States strengthening partnerships among themselves to address trafficking in persons. Capacity-building of front-line officers dealing with trafficking, the allocation of resources and the establishment or strengthening of data collection mechanisms are also areas which have received attention by States following a visit by the Special Rapporteur. Several international organizations have noted that country visits have provided valuable opportunities for stakeholders to convey their views and insights to the higher levels of Government and that the subsequent reports were an excellent source of useful, high-quality information and advocacy tools.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 20
- Paragraph text
- In addition, country visits have enabled the mandate to disseminate information systematically about, and advocate for, the ratification and implementation of regional norms and standards related to trafficking in persons. For example, the Special Rapporteur was pleased to learn that after her visit, Italy transposed into its national legislation directive 2011/36/EU of the European Parliament and Council on preventing and combating trafficking in human beings and protecting its victims. Furthermore, the Organization for Security and Cooperation in Europe (OSCE) noted that the country reports of the Special Rapporteur were an excellent source of information for its work, including the preparation of the country visits of the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 21
- Paragraph text
- Through recommendations and checklists, the Special Rapporteur has actively sought to promote normative clarity around trafficking and helped flesh out the substantive content of key rules and obligations. That work has been firmly based on existing international standards, as recognized in the major human rights treaties and the specialist anti-trafficking instruments. A major output of that aspect of the work of the Special Rapporteur is a set of basic principles on the right to an effective remedy for victims of trafficking that she has developed after extensive consultation with stakeholders in all regions. The principles seek to bring clarity to the concept of this right and its application (see A/HRC/17/35 and A/HRC/26/18). She has also outlined a series of clear and practical recommendations for businesses and States to help them eliminate trafficking in the supply chain (A/67/261) and a draft set of benchmarks and indicators for ensuring that supply chains are free of trafficking (A/HRC/23/48/Add.4), which were prepared following consultation with business experts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 22
- Paragraph text
- The meetings, events and consultations convened by the Special Rapporteur on a variety of topics have unanimously been identified as one of the good practices developed in the course of the mandate towards a continuous dialogue with all stakeholders, including those beyond the traditional actors. Besides serving as a platform for the exchange of ideas, such events contribute to the establishment and maintenance of networks of diverse stakeholders from different regions to continue learning from and promoting each other's work. Civil society organizations have appreciated participating in such events, which has raised the visibility of their work and given it added impetus at the regional and international levels.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 25
- Paragraph text
- The role of the communications procedure has been recognized by many as a tool enabling the mandate holder to enter into a dialogue with Governments on alleged human rights violations committed against trafficked persons. Since the mandate was established, a total of 99 communications have been sent (out of which 92 were sent jointly with other mandate holders) and a total of 54 responses received from States. An assessment of the replies of States demonstrates that in the majority of cases they are willing to examine the alleged violation and provide clarification and information on actions taken. Civil society and other organizations have also found that this mechanism can be used as an advocacy tool for raising issues at an international level and protecting the rights of victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 26
- Paragraph text
- In line with the engagement of the mandate holder with non-State actors in the fight against trafficking in persons, she has directly engaged with businesses in order to contribute to a culture of corporate responsibility by addressing issues such as labour trafficking, the supply chain and demand. For example, the mandate holder, jointly with other relevant mandate holders, including the Working Group on business and human rights, issued communications to businesses requesting clarification of allegations of trafficking in persons within their operations. She has also used such communications as an important mechanism for raising awareness of the different tools that can be used to ensure that the supply chain is free from trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 27
- Paragraph text
- The Special Rapporteur has identified five areas of cross-cutting concerns, aspects and manifestations of trafficking that have emerged as major themes of importance to the anti-trafficking movement as a whole, namely: (a) the right of victims to assistance, protection and support; (b) the right of victims to remedies; (c) human rights in the criminal justice response; (d) the prevention of trafficking - identifying the core strategies; and (e) trafficking in persons for the removal of organs. It should be noted that the breadth of the work of the Special Rapporteur is considerable and the present report does not include all substantive areas dealt with by the mandate holders.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 29
- Paragraph text
- In order to achieve this, a swift and accurate identification of victims is fundamental to the realization of the rights to which they are legally entitled (see A/64/290, para. 91). Mandate holders have drawn attention to the failure of criminal justice systems to identify trafficking victims, who are often simply treated as criminals, arrested and deported with no opportunity to be identified and provided with the necessary assistance as trafficked victims" (ibid.). The Special Rapporteur has consistently advocated for more thorough and collaborative approaches to victim identification, including between victim support agencies and front-line officers (see A/HRC/20/18, paras. 45-53).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 30
- Paragraph text
- The Special Rapporteur has also systematically raised concerns about the low identification rates and provision of appropriate assistance to men and boys who have been trafficked, which is a widespread problem in many States. The continuing strong focus on trafficking for sexual exploitation at the expense of a focus on trafficking for labour exploitation, the reluctance of male victims of trafficking to self-identify (for cultural and other reasons) and the inaccessible, or not properly adapted, support provided to them are possible reasons for the slow recognition of the issue of trafficking in men.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Men
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 32
- Paragraph text
- Since the inception of the mandate, the mandate holders have clearly affirmed the right of victims of trafficking to access effective remedies for the harms committed against them. That has been the subject of systematic and detailed attention by the Special Rapporteur, because trafficked persons are frequently left without remedies or the support necessary to access them, a situation that exacerbates the risk of further human rights violations. To that end, she has developed a set of basic principles on the right to effective remedies for victims of trafficking. The process for developing such principles started in 2009 with an expert meeting, an online discussion forum and two thematic reports to the Human Rights Council and the General Assembly in 2011 on this topic, where the draft set of basic principles were presented for the first time (A/HRC/17/35 and A/66/283). Following the adoption of Human Rights Council resolution 20/1, the draft basic principles underwent a highly participatory process of consultation aimed at seeking inputs and suggestions from Member States and a variety of other stakeholders to refine the principles (see A/HRC/26/18). In 2013 and 2014, the Special Rapporteur convened five regional and two global consultations jointly organized with the Office of the United Nations High Commissioner for Human Rights. The principles were then revised on the basis of the views expressed during those consultations and some 30 written submissions from States and other stakeholders during the same period. They were presented in a revised and final version to the Human Rights Council at its twenty-sixth session in June 2014 (see A/HRC/26/18, annex, and the annex to the present report).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 34
- Paragraph text
- In order to realize fully the rights of victims to effective remedies, States must meet both substantive and procedural obligations. The Special Rapporteur has recognized four substantive components of the right to a remedy that are applicable in cases of trafficking in persons: restitution, rehabilitation, compensation and satisfaction and guarantees of non-repetition. The procedural obligations, as conceived by the Special Rapporteur, are the range of measures needed to guarantee access to an effective remedy, including access to information, legal assistance and regularization of residency status, which contribute to the realization by trafficked persons of the substantive components of the right to an effective remedy. The Special Rapporteur has come to appreciate that certain preconditions must be fulfilled if the right to a remedy for victims of trafficking is to be realized in practice. They include improvements in identification procedures; the institution of a "reflection and recovery" period, during which victims can receive legal and other assistance; and a review of any legal obstacles to access.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 35
- Paragraph text
- In response to requests by States for greater clarity as to when international law mandates the right to remedy, section I of the principles (rights and obligations) clarifies the obligation of the State to provide a right to remedy, including restitution, compensation, rehabilitation and recovery, satisfaction and guarantees of non-repetition, when it commits an internationally wrongful act, meaning either that the harm is attributed to the State or it has failed to exercise due diligence. The basic principles also emphasize the importance of bilateral and multilateral cooperation between States, enabling them thereby to meet their obligations on the right to remedy, as well as of the principle of non-refoulement and access to asylum procedures as components of the right to an effective remedy. Section II (on access to the right to a remedy) defines other procedural elements of the right to remedy and, in response to the submissions received, further clarifies areas, such as the nature of assistance necessary for access to remedies, the scope of the reflection and recovery period and ensuring equal access to the right to remedy, including through gender-sensitive mechanisms. The principle of non-punishment of victims of trafficking in persons and the rights to safety, privacy and confidentiality have also been added as a result of the consultative process. Section III (on forms of the right to remedy) addresses the substantive elements of the right to remedy and now incorporates international law definitions of each of the forms of the right to remedy, further detail on operationalizing the remedies of restitution, compensation, rehabilitation and recovery and new paragraphs on the remedies of satisfaction and guarantees of non-repetition. Section IV (on the right to remedy for child victims of trafficking) clarifies the additional elements necessary to ensure a human rights-based approach for trafficked children, including the scope of the requirement to give due weight to a child's views.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 37
- Paragraph text
- The mandate holders have always accepted that the concept of prevention encompasses the full range of measures aimed at preventing future acts of trafficking from occurring. That includes the international legal requirement that States act with due diligence to prevent trafficking and the human rights violations with which it is associated. While the mandate holders have examined the general concept of prevention and particular aspects of a preventive approach, including addressing demand and supply chain transparency and accountability (see A/65/288, paras. 29-38, A/HRC/23/48 and A/67/261), they have not been able to address them in full. Rather, they have sought to raise awareness of some issues among States, such as the ones set out below, and others that will help contribute to a greater understanding of what is required and how it may be achieved.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 39
- Paragraph text
- The mandate holders have ascertained that the failure to protect the rights of workers, and in particular migrant workers, is a major contribution to exploitation related to trafficking. By way of prevention, the Special Rapporteur has repeatedly called on States to strengthen enforcement of labour laws and build the capacities of labour inspectorates to supervise workplaces, including common sites of exploitation for trafficked persons such as brothels, private homes, farms and small factories, and take steps to regulate the recruitment agencies, which along with the legitimate businesses that use their services, are profiting handsomely from the exploitation of migrant workers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 41
- Paragraph text
- Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. The mandate holders have affirmed that international law requires States to discourage the demand that fosters exploitation related to trafficking. The Special Rapporteur has examined demand in detail in the context of prevention (A/65/288, paras. 29-38) and in a dedicated report (A/HRC/23/48). In the latter report, she recommended that States take steps to understand the nature of demand and develop human rights-based measures to discourage it, based on accurate information and experience. She also noted that measures to address demand should not in themselves negatively affect individual rights and freedoms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 45
- Paragraph text
- With the benefit of an agreed definition of trafficking in persons, new international, regional and national laws, clearer policies and heightened political commitment, the mandate holders have been able to make a critical contribution at a unique moment in time. They have actively embraced and advocated for the definition of trafficking that is now enshrined in international law through the Palermo Protocol and other instruments and is now reflected in the laws of many States. That approach has been instrumental in helping to expand the focus of international and national anti-trafficking efforts beyond the previous focus on trafficking for the exploitation of prostitution and in contributing to greater conceptual clarity around the definition of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 47
- Paragraph text
- To gain clarity regarding the obligations and responsibilities of States, the mandate holders have examined the implications of the legal obligation on States to take steps to prevent trafficking, detailing actions that should be taken within the framework of a human rights approach (A/HRC/10/16, paras. 45-47 and Corr. 1). The mandate holders have also been very clear that the obligations of States extend beyond those that relate immediately to victims. For example, in relation to the responses of the criminal justice system, the obligation on all States to investigate and prosecute trafficking and the obligation to protect the rights of suspects and the right to a fair trial has been confirmed (see, for example, A/HRC/20/18, para. 71 and A/HRC/20/18/Add.2, para. 77 (h)). With regard to the link between corruption and trafficking, the mandate holders have also highlighted in their country visit reports that States are required to act in preventing such corruption and dealing with it once it is uncovered (see, for example, A/HRC/20/18, para. 90, and A/HRC/20/18/Add.2, paras. 72 and 73).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 48
- Paragraph text
- The work of the mandate holders has confirmed that the problem of human trafficking continues to be endemic in all parts of the world. While awareness of trafficking and of relevant rights and obligations has improved significantly, it has not resulted in substantial improvements on the ground. Large numbers of women, men and children continue to be exploited; very few receive support, protection or redress; few of the perpetrators are apprehended; and in every country the number of prosecutions remains stubbornly low. It is thus pertinent to draw out the challenges that are likely to be of particular concern to the international community and to the holders of the mandate as it evolves in the future.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 50
- Paragraph text
- Strengthening the accountability of non-State actors and the involvement of civil society in combating and preventing trafficking in persons, including lessening the tensions between civil society groups working on trafficking and Governments, is another challenge. Furthermore, while the Special Rapporteur recognizes the power of the media in raising community awareness of trafficking in all its forms and informing vulnerable groups about certain risks, she notes repeated examples of media sensationalism, manifested for example through a prurient and overly narrow focus on sexual exploitation. Failure to protect the privacy of victims adequately; the stigmatization of victims; and fostering confusion between trafficking and other phenomena, such as irregular migration and migrant smuggling, represent further difficulties.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 51
- Paragraph text
- Securing compliance mechanisms at the national, regional and international levels is a further challenge. The mandate holders have drawn attention to worrying gaps between the obligations of States with regard to trafficking (what States are required to do or refrain from doing) and the extent to which those obligations are met in practice (what actually happens). That is particularly the case with regard to the rights of victims, which, despite being protected by international and national laws, are often disregarded. That is not always the result of a lack of political will. The complexity of the trafficking phenomenon, uncertainty about aspects of the solution and the fact that States are rarely the direct perpetrators of trafficking-related harm, all complicate the task of securing compliance with international legal rules. Moreover, national implementation mechanisms that address trafficking in persons on the basis of a rights-based and victim-centred approach are often weak.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 52
- Paragraph text
- The Special Rapporteur generally welcomes the unilateral compliance mechanism established by the Office to Monitor and Combat Trafficking in Persons of the Department of State of the United States of America, which undertakes an annual assessment of the trafficking situation in States worldwide and the quality of national responses. However, she cautions that the criteria used to assess national performance should be explicitly based on international standards. That is not just essential to the credibility of the mechanism, it is also an important way to strengthen the international legal framework and affirm its key standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 53
- Paragraph text
- Partners have emphasized that the mandate holders could make a further contribution to the understanding of trafficking in persons by continuing to provide greater clarity on emerging and new forms of trafficking. Some themes proposed in this regard include trafficking for the purpose of forced labour (outside the sex sector), begging, criminality and forced marriage. The issue of trafficking of men and boys and the link between trafficking and corruption were also proposed. Further research on trafficking in persons for the purpose of organ removal and on prosecutions and punishments was deemed useful to determine the types of penalty imposed on traffickers and to what extent they acted as a deterrent. A focus on strengthening the accountability of non-State actors and the engagement of civil society in the efforts to combat trafficking in persons was also suggested.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Boys
- Men
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 56
- Paragraph text
- The Human Rights Council is to be congratulated for its wisdom and foresight in establishing a mechanism that has ensured human rights retain their rightful place at the centre of the international response to trafficking. That role has been particularly important in light of the fact that the key international treaty on trafficking was established outside the human rights system. States and partners, including United Nations bodies, intergovernmental organizations, national human rights institutions and civil society, surveyed as part of the preparation for this report, have affirmed the positive impact of the mandate holders on their work and on the work of combating trafficking in general. They have drawn particular attention to the contribution of the Special Rapporteur to standard-setting; to mainstreaming human rights into the anti-trafficking discourse; and to drawing attention to emerging and less well-known forms of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 57
- Paragraph text
- On this basis, the Special Rapporteur offers the following recommendations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58a
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider undertaking studies in relation to emerging areas of concern, such as illicit recruitment practices, trafficking in men for forced and exploitative labour, trafficking for forced begging and criminal activities, trafficking for forced or servile marriage and return and the risk of retrafficking. They should also consider giving further attention to trafficking in persons for the removal of organs in continuation of the initial work undertaken by the Special Rapporteur;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58c
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider enhancing collaboration with the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on the human rights of migrants, to capitalize on common interests and approaches;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 58d
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Continue promoting implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and relevant regional instruments, as well as other standards and policies related to trafficking in persons, including endorsing the draft basic principles on the right to an effective remedy for trafficked persons and encouraging States to incorporate them into national legislation;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
- 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. 12
- Paragraph text
- The present review of the mandate seeks to examine and reflect on the first decade of work of the Special Rapporteur on Trafficking in persons, especially women and children, with particular attention paid to the principle that have informed the mandate since its inception, namely that the human rights of trafficked persons are at the centre of anti-trafficking efforts and that measures taken against trafficking should not adversely affect the human rights and dignity of all persons. The review is not exhaustive. Rather, it draws on documentation produced by the Special Rapporteur to identify key achievements and ongoing challenges within the context of global anti-trafficking efforts. In addition to providing a record of the work of the mandate, the Special Rapporteur seeks to draw lessons and insights for the future work of the mandate and the anti-trafficking sector as a whole.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
- 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