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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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2010
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 80
- Paragraph text
- The Special Rapporteur intends to work in collaboration with other special procedures mechanisms which examine issues relating to trafficking, including but not limited to: the Special Rapporteur on the human rights of migrants; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Special Rapporteur on the sale of children, child prostitution and child pornography; and the Working Group on the issue of human rights and transnational corporations and other business enterprises. The Special Rapporteur will continue to strengthen the work of the trafficking mandate while delineating its intersections with related mandates. In this regard, she will try to identify possible joint initiatives that can complement each other's work, such as joint communications on allegations of human rights violations and the issuance of joint press statements.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 13
- Paragraph text
- States have an obligation under international human rights law to protect against human rights abuses perpetrated by third parties, including business enterprises, within their territory and/or jurisdiction. States’ obligations to prevent and combat trafficking in persons are clearly established in international human rights instruments. For example, the International Covenant on Civil and Political Rights prohibits slavery and forced or compulsory labour (art. 8) and the Convention on the Rights of the Child imposes on States parties an obligation to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form (art. 35).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
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
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 60
- Paragraph text
- Currently, assistance and support to exploited and trafficked persons are most commonly dependent on three main factors: a person's immigration/residence status; the initiation of criminal proceedings for the crime of trafficking; and cooperation with criminal justice actors. As a result, assistance, support and ultimately access to remedies remain out of reach for a large number of trafficked and exploited persons who are afraid of being deported or detained, and/or who distrust the authorities and are afraid of losing the possibility of pursuing their migration project. In addition, there are indications and concerns that the current set-up of most assistance and support mechanisms might result in discrimination against victims who are not willing or able to cooperate with law enforcement. Assistance and support to child victims of trafficking and other exploited and vulnerable children also require that they be provided with appropriate assistance and protection, taking full account of their human rights and special needs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69c
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Ensure free-of-charge birth and marriage registration of nationals and non-nationals fleeing conflict, including in internally displaced person and refugee camps, in cooperation with United Nations agencies and programmes and international organizations, in order to prevent or address potential trafficking in children for sexual and other forms of exploitation and the exploitation of the labour of individuals, particularly underage children and women;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 50
- Paragraph text
- Prohibition on trafficking and migration-related exploitation. International law requires States to criminalize and penalize a range of conduct related to trafficking. The obligation to criminalize trafficking when committed intentionally is set out in article 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Most States (168, as at October 2015) are party to the Protocol and thereby bound by this obligation. Many States are also bound by one or more of the regional trafficking treaties, such as the Council of Europe Convention and the European Union Directive cited above, which impose identical obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 19
- Paragraph text
- Conflict-related violence, such as sexual violence, can itself be a driver of forced internal displacement, which in turn increases vulnerability to further exploitation, including through trafficking. For instance, sexual violence by armed groups has forced ethnic minority women and girls in remote rural areas away from their communities and placed them at greater risk of trafficking within the country as well as overseas. Additionally, worsening security situations and overcrowded camps with inadequate basic services cause some internally displaced persons to risk crossing borders in an irregular manner in search of employment, putting themselves at high risk of exploitation because of their lack of legal status. Military attacks on camps further worsens displacement and causes undocumented internally displaced persons, including women and unaccompanied children, to flee their camps, exposing them to the risk of being exploited or trafficked.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 20
- Paragraph text
- For the millions of people who are forced to flee their country because of armed conflict, the journey of escape has become increasingly expensive and hazardous, with a tangible risk of trafficking-related exploitation. Sometimes these dangers relate to the available paths of escape. Throughout their journey and at their destination, migrants, including refugees and asylum seekers, are highly vulnerable to physical violence, sexual assault, extortion and trafficking, as well as detention by national authorities. The journey of female migrants and unaccompanied children travelling through the Horn of Africa is particularly hazardous. Thousands have disappeared, presumably abducted for purposes of exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Prevention of trafficking in persons 2010, para. 61
- Paragraph text
- Second, in order to ensure that preventive measures achieve the desired effect while enhancing the human rights of trafficked persons, such measures should be systematically monitored and evaluated on a regular basis. Some international organizations such as the International Organization for Migration (IOM) and ILO have developed logical frameworks with specific performance indicators that measure progress towards goals in anti-trafficking programmes. However, there is a general lack of systematic monitoring and assessment of the impact and effectiveness of prevention measures, and many assessments commonly report only the project outputs, such as the number of people who have been exposed to awareness-raising activities or given livelihood opportunities. While such reporting may indicate progress towards project goals to some extent, it does not necessarily shed light on the qualitative impact in terms of reducing the incidence of trafficking in persons. Proper impact assessments require measuring the situation before and after the implementation of the preventive measures concerned and identifying how they affected the behavioural change in the communities concerned. In this process, it is also essential to take into account the views of the intended beneficiaries. ILO has developed a participatory monitoring system for its Project to Combat Trafficking in Children and Women in the Greater Mekong Subregion that involves relevant key stakeholders - government officials, project partners and families whose children are at risk of trafficking - in assessing the impact of its activities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 25
- Paragraph text
- The Special Rapporteur has also engaged directly and consistently with international, regional and subregional bodies working on trafficking issues, most particularly UNODC, OSCE, the United Nations Children's Fund (UNICEF), the International Organization for Migration, ILO, the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, as well as regional bodies, including the Association of Southeast Asian Nations and the African Commission on Human and Peoples' Rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2014
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
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
- Means of adoption
- N.A.
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
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
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2013
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 38
- Paragraph text
- It is well established that the trafficking of children through abduction, sale and other means is a widespread criminal phenomenon affecting all regions and most countries. The work of the mandate has confirmed that children are trafficked for the purpose of sexual exploitation, including prostitution and the production of pornography. They are trafficked for forced and exploitative labour on farms, in factories and on fishing boats, for forced begging and for domestic servitude in private homes. While much trafficking of children involves movement across international borders, many countries experience the phenomenon of internal trafficking of children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2014
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 16
- Paragraph text
- Recent trends show that people fleeing conflict and emergency situations to seek asylum increasingly risk their lives in unsafe travel conditions at sea and on land. Those who survive the perilous journey are at a higher risk of trafficking because of their desperation and lack of viable options. They face continued uncertainty, physical, emotional and psychological insecurity, financial strain and lack of legal and/or social inclusion in their host communities. That lack of inclusion means they have little access to education, health care and housing. It also means they face significant barriers in accessing jobs in the formal labour market and can often only find work in the informal economy. By its very nature, the informal sector is unregulated, making it an ideal environment for unscrupulous employers and/or intermediaries to exploit and traffic workers. With the considerable pressure on children to help provide financial stability to their families during humanitarian crises, those children may not only be vulnerable to trafficking, but they will also be more likely to work in the unregulated informal sector, as they do not receive an education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 25
- Paragraph text
- Individuals and communities caught up in conflict are vulnerable to a range of human rights violations. Pre-existing conditions and vulnerabilities, such as structural gender-based and other forms of discrimination affecting women, children and non-citizens, are exacerbated during conflict as opportunities for exploitation increase and protections break down. Factors such as the sponsorship system (kafala), which is intended to regulate the employer and employee relations in some countries, give employers excessive power and control over migrant workers, increasing their risk of being trafficked. For instance the rescue of trafficked Kenyan female domestic workers in Libya during the conflict in that country posed challenges because their employers, who were responsible for authorizing the workers' exit permits, had fled the country with the their travel documents. Similarly, during the armed conflict in Lebanon in 2006, some of the 300,000 domestic workers from Sri Lanka, Ethiopia and the Philippines who were left behind when their employers were evacuated became vulnerable to traffickers who offered alternative options to livelihood and resident status.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 54
- Paragraph text
- Given the interlinkages between the mandates of the Special Rapporteur on trafficking in persons, especially women and children, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on the human rights of migrants, enhanced collaboration could be sought through regular consultations and joint thematic studies to discuss conceptual issues, such as the adoption of children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2014
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 60
- Paragraph text
- These and other factors do not just create the conditions under which trafficking can occur; they also exacerbate the vulnerability of those who may already be susceptible to being trafficked, including women, refugees and unaccompanied children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 19
- 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, as constituting 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. Thus, consent of the victim to the intended exploitation is irrelevant when any of the listed means have been used. 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2014
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 32
- Paragraph text
- In addition, several ILO instruments are also of relevance to combating trafficking in persons, including ILO Conventions No. 29 (1930) concerning Forced or Compulsory Labour; No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; No. 105 (1957) concerning the Abolition of Forced Labour; No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation; No. 138 (1973) concerning Minimum Age for Admission to Employment; and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Of particular importance is the Protocol to the Forced Labour Convention, 1930 which came into force in 2014, complementing ILO Convention No. 29 and re-enforcing existing international law. The Protocol creates new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm. It is also supported by a recommendation that provides technical guidance on its implementation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 39
- Paragraph text
- Other regional instruments for addressing trafficking in persons are the Arab Framework Act on Combating Trafficking in Persons (2008), which serves as a platform from which to spearhead action against trafficking in persons, and the Arab Charter of Human Rights (2008), which, inter alia, prohibits trafficking in human organs; and slavery and servitude, forced labour and trafficking in persons for the purposes of prostitution or sexual exploitation or the exploitation of the prostitution of others or any other form of exploitation or the exploitation of children in armed conflict; and has extensive provisions on the right to decent work freely chosen and on the right to development.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 41
- Paragraph text
- In this region, the 1994 Inter-American Convention on International Traffic in Minors and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) contributed to the anti-trafficking legal framework. Other instruments, such as the 2005 Montevideo Declaration against Trafficking in Persons in MERCOSUR (Common Market of the South) and Associated States, the 2008 Recommendations of the First International Congress of MERCOSUR and Associated States on Trafficking in Persons and Child Pornography, the Work Plan against Trafficking in Persons in the Western Hemisphere (2010-2012, later extended for two years, and 2015-2018), the Inter-American Declaration against Trafficking in Persons ("Declaration of Brasilia", 2014) and the Brazil Declaration on a Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean (Cartagena+30, 2014), further consolidated regional efforts to eradicate human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph