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Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 76
- Paragraph text
- Multi-stakeholder initiatives should define indicators to assess the risk level of clients and determine the intensity and frequency of audits. Such indicators should take into account elements such as State ratification and enforcement of relevant international conventions on human rights and labour standards; the existence of regulatory regimes that regulate recruitment activities in accordance with international standards and guidelines; the level of informality within the economic sector in which the client operates; the percentage of vulnerable groups in the client’s workforce, including the number of migrant, temporary, seasonal, contractual or home-based workers; the level of complexity of the client’s labour supply chains; and client’s previous record on these issues.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 112
- Paragraph text
- States should ensure that bilateral and multilateral agreements on labour migration include mechanisms for oversight of recruitment of migrant workers, are concluded between countries of origin, transit and destination, as relevant, and are implemented effectively. States should also ensure that such agreements are consistent with internationally recognized human rights, including fundamental principles and rights at work, and other relevant international human rights instruments and labour standards. Agreements should also contain specific mechanisms to ensure international coordination and cooperation, including on consular protection, and to close regulatory and enforcement gaps related to recruitment across common labour migration corridors.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 108
- Paragraph text
- States should promote policies aimed at identifying and eliminating barriers to effective access to grievance and other dispute resolution mechanisms, such as complex administrative procedures, unreasonable costs, fear of discrimination or retaliation and dismissal and, in the case of migrant workers, fear of detention or deportation.
- 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
- Persons on the move
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 96
- Paragraph text
- Companies should establish a remediation plan in cooperation with the supplier and local and national authorities when a case of trafficking in persons is detected, in order to ensure that workers have effective access to remedies, including compensation, and to appropriate assistance. Any measure adopted should have a human rights-centred approach and be based on the rights of the trafficked person, whose participation in the determination of a solution for their case should be ensured throughout the process. Companies should ensure that, with regard to access to the grievance mechanism and the remediation plan, they consider the specific barriers faced by, and the vulnerabilities of, migrant workers, contract workers, young people and women.
- 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
- Women
- Youth
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 74
- Paragraph text
- The assurance programme must not only be based on third-party audit mechanisms but also use monitoring schemes that include workers and trade unions as an alternative source of information to allow an ongoing assessment of compliance with the labour-related standards. If necessary, multi-stakeholder initiatives should develop specific guidance to ensure that potentially vulnerable workers, such as migrants, young people and women, are not excluded from monitoring mechanisms.
- 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
- Persons on the move
- Women
- Youth
- Year
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 107
- Paragraph text
- States should ensure that workers have rapid and affordable access to grievance and other dispute resolution mechanisms that enable them to address alleged abuses and fraudulent practices in recruitment and employment without fear of retaliatory measures, including blacklisting, detention or deportation, irrespective of their presence or legal status in the State, and to appropriate and effective remedies where abuses have occurred. States should also ensure, through judicial, administrative, legislative or other means, that when abuses related to recruitment and employment occur within their territory and/or jurisdiction, those affected have access to effective remedies, which may include, but should not necessarily be limited to, compensation. Pending the investigation or resolution of a grievance or dispute, whistle-blowers or complainants should be protected and migrant workers should have timely and effective access to procedures. States should ensure that these mechanisms can be accessed across borders after a worker has returned to his or her country of origin.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 111
- Paragraph text
- States should ensure full recognition of the rights of all workers, including migrant workers, to join and form trade unions and to bargain collectively.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 113
- Paragraph text
- States should equip embassies abroad to provide services to migrant workers, especially channels for consultations and complaints.
- 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
- 2017
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 105
- Paragraph text
- States should ensure that employment contracts are clear and transparent and are respected, and should require and ensure that written contracts of employment are provided to workers specifying the job to be performed and the terms and conditions of employment, including those derived from collective agreements. The contract, or an authoritative copy, should be in the language of the worker or in a language the worker can understand, and the necessary information should be provided in a clear and comprehensive way in order to allow the worker to express his or her free and informed consent. Contracts for migrant workers should be provided sufficiently in advance of their departure from their country of origin. The contracts should not be substituted and should be enforceable in the destination country. While respecting confidentiality and the protection of personal data, Governments may consider the use of information technology to achieve the above-mentioned objectives. In the absence of a written contract, States should ensure that all rights of recruited workers are respected in accordance with existing legislation and regulations.
- 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
- 2017
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 69h
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Involve national and local social authorities and civil society organizations in procedures to detect trafficking cases and indications of the risk of trafficking, as well as in the organization of assistance, protection and support for victims and potential victims in cases where a high number of people are identified; such measures must not be made conditional on the initiation of criminal proceedings, the legal qualification of the crime or the cooperation of victims 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
- Humanitarian
- Person(s) affected
- Persons on the move
- 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
- 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. 44
- Paragraph text
- The international legal framework around trafficking in conflict and post-conflict situations is a composite one that draws on multiple branches of law, including transnational criminal law, international humanitarian law, international criminal law, refugee law and human rights law. In some cases, common and overlapping rules operate to ensure that certain protections (e.g., against slavery and forced labour) are applicable in all situations, including international and non-international armed conflict. In other cases, particular rules and protections will apply depending on the nature of the situation under consideration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 49
- Paragraph text
- Finally, several soft law instruments reflect and contribute to the relevant international legal framework. These include the principles and guidelines on human rights and human trafficking recommended by the United Nations High Commissioner for Human Rights; UNHCR guidelines on trafficking and asylum; resolutions of the General Assembly and the Human Rights Council; findings and reports of international human rights mechanisms such as treaty bodies and special procedures; and non-treaty agreements between countries regarding issues such as the repatriation and reintegration of trafficked persons as well as between the United Nations and Member States on matters relating to peacekeeping.
- 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
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 13
- Paragraph text
- The preparation of the report also benefited from the continued collaboration between the Special Rapporteur and other institutions on this topic, including Caritas International, the International Centre for Migration Policy Development, the International Organization for Migration (IOM), the Migrants in Countries of Crisis Initiative, the United Nations Organization on Drugs and Crime (UNODC) and the United Nations University, all of whom have worked to pave the way on this issue. Since the identification of the linkage between human trafficking and conflict as a focus of concern under her mandate in her report to the twenty-ninth session of the Human Rights Council (A/HRC/29/38), this issue has garnered increased interest, as evidenced by: (a) the statement by the President of the Security Council on 16 December 2015 (S/PRST/2015/25) requesting, inter alia, that the Secretary-General report back to the Council on progress made to improve the implementation of existing mechanisms countering trafficking in persons; (b) the interactive dialogue held by the Special Rapporteur with Member States during the thirty-second session of the Human Rights Council in June 2016; and the adoption by the Human Rights Council of resolution 32/3 on trafficking in persons, especially women and children: protecting victims of trafficking and people at risk of trafficking, especially women and children in conflict and post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 46
- Paragraph text
- Given the complexities surrounding trafficking in conflict and post-conflict situations, which can be considered from a number of different perspectives, the range of sources of relevant law is very wide. In the human rights area, for example, treaties dealing with slavery and the slave trade, forced labour, child labour, the rights of women, the rights of children, migrant workers and persons with disabilities, as well as more general treaties dealing with civil and political rights or economic, social and cultural rights, are applicable to trafficking in all situations, including situations of armed conflict. Major crime control treaties, such as the United Nations Convention on Transnational Organized Crime and the United Nations Convention against Corruption are also relevant to trafficking in all situations, as are the specialist treaties dealing with the issue of trafficking, most particularly the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and, at the European level, the Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report, and the European Union Directive on preventing and combating trafficking in human beings and protecting its 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
- Persons on the move
- Women
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 57
- Paragraph text
- Furthermore, States should establish or adapt existing mechanisms and procedures designed to ensure victim protection for the purpose of detecting trafficking cases or the risk of trafficking in all locations where there are large influxes of migrants and refugees, including hotspots, reception centres and administrative detention centres for migrants. While existing referral mechanisms are generally based within or related to police operations, detection and protection of trafficking victims or people exposed to a high risk of trafficking as a result of their attempts to flee conflict should rather be based on procedures established in close cooperation between social authorities and civil society organizations. States have an obligation to detect cases of trafficking and to ensure the full implementation of national legislation providing victims with assistance and support, and such support should not be made conditional on the initiation of criminal proceedings, the legal qualification of the crime or victims' cooperation with law enforcement authorities. Moreover, States should consider extending a number of measures, especially by providing assistance in securing employment, to people at risk of trafficking and 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
- Persons on the move
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 49
- Paragraph text
- In this regard, the prevention of trafficking in the context of large movements of people has recently been addressed, including at the various international and regional workshops and meetings that led to the establishment of the guidelines to protect migrants in countries experiencing conflict or natural disasters held under the auspices of the Migrants in Countries in Crisis Initiative. Prevention of trafficking is also expected to be one of the focus areas at the General Assembly high-level plenary meeting on addressing large movements of refugees and migrants, to be held on 19 September 2016.
- 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
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 45
- Paragraph text
- An overview of the international legal framework around trafficking in conflict and post-conflict situations, which draws on multiple branches of law, including transnational criminal law, international humanitarian law, international criminal law, refugee law and human rights law, is provided by the Special Rapporteur in her report to the thirty-second session of the Human Rights Council (A/HRC/32/41, paras. 44-55). The report also covers the laws and instruments that address specific violations related to trafficking in conflict and post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2016
Paragraph
Due diligence and trafficking in persons 2015, para. 20
- Paragraph text
- Due diligence on preventing trafficking also requires action to address the wider, more systemic processes or root causes that contribute to trafficking in persons, such as inequality, restrictive immigration policies, and unfair labour conditions, particularly for migrant workers. As such, the present mandate holder has previously emphasized that international law "requires that States act with due diligence to prevent trafficking and the human rights violations with which it is associated," including to address demand, such that due diligence "on the part of States should require action on these wider processes, all of which foster demand for, and vulnerability to, trafficking." Additionally, Rantsev v. Cyprus and Russia, has clarified that as part of the positive obligation to address trafficking "a State's immigration rules must address relevant concerns relating to encouragement, facilitation or tolerance of trafficking." Often, however, States adopt immigration policies in the name of preventing trafficking that in practice deter movement; instead of being preventative, these policies make transborder movement more perilous and foster situations that lead 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
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 25
- Paragraph text
- Instead, a meaningful due diligence approach broadens the scope of identification to address a wider class of potential or presumed victims, as part of a comprehensive approach to prevention rather than a solely reactive or post-hoc due diligence measure. A wider and more pre-emptive approach necessarily involves a broader range of actors beyond law enforcement or border officials in identification. Good practices in this regard include involving actors such as labour and health and safety officials in identification of trafficking victims. Another good practice is for States to assign labour attachés to the staff of diplomatic missions, particularly in those countries that receive the largest number of a State's migrant workers. In order to facilitate victims' trust and identification - and subsequent protection and assistance - firewalls between certain areas (e.g., between enforcement of immigration laws and enforcement of labour laws) will often be necessary.
- 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
- 2015
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 15
- Paragraph text
- The due diligence obligation to protect individuals from traffickers also often intersects and overlaps with other areas of State obligations (e.g., in relation to activities of public institutions). For example, State failures to respect and fulfil human rights in non-discrimination, labour, migration, and education create the conditions conducive to trafficking by third parties. By requiring a human rights-based approach, due diligence enables States to apply all their international obligations in ways that encourage less compartmentalization and more holistic approaches to trafficking to ensure the realization of human rights.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 23
- Paragraph text
- In understanding the due diligence obligation to prevent trafficking in persons, there are also useful interactions with human rights due diligence standards in other contexts. For example, the Inter-American Court of Human Rights in the Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion (2003) clarifies States' due diligence obligations concerning migrant workers, noting that migratory status can never be a justification for depriving individuals of the enjoyment and exercise of human rights, including those related to employment and that the duty of due diligence requires States to "not allow private employers to violate the rights of workers, or the contractual relationship to violate minimum international standards." There are also protections in other areas of international law that can complement these human rights obligations of due diligence. For example, article 2 of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29) obligates State parties to prevent forced labour, including through "supporting due diligence by both the public and private sectors to prevent and respond to risks of forced or compulsory labour."
- 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
- 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
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 34
- Paragraph text
- Under international human rights law, States have an obligation to ensure a right to remedy for victims of human rights violations. As noted earlier, the failure of States to exercise due diligence in relation to trafficking by non-State actors gives rise to an obligation to provide remedies; in this respect, the due diligence principle is a "long-standing exception" to the general rule that State responsibility is based on acts or omissions committed either by State actors or by actors whose actions are attributable to the State. In substance, adequate remedy or reparations include restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The right to an effective remedy encompasses not only these substantive rights to remedies for the harm suffered, but also a set of procedural rights necessary to facilitate access to remedies. Such remedies should have "transformative potential", meaning they should not be about returning individuals to the pre-trafficking context, but should "subvert instead of reinforce pre-existing patterns" that cause violations.
- 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
- Persons on the move
- 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
- Topic(s)
- Governance & Rule of Law
- 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. 46
- Paragraph text
- The African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa provide the legal framework for combating trafficking in persons. Additionally, the Migration Policy Framework for Africa (2006) provides the overarching policy of the African Union on migration issues, including human trafficking. The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children (2006) provides specific recommendations to be implemented by regional economic communities and member States on prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking. Furthermore, the African Union Horn of Africa Initiative on Human Trafficking and Smuggling (Khartoum Declaration, 2014) focuses on, inter alia, areas such as addressing the social, economic, environmental, cultural, security and political factors that make people vulnerable to human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 38
- Paragraph text
- In addition to improved inter-State cooperation, greater legal and policy coherence on human rights due diligence is also needed where States participate in intergovernmental institutions or entities, including international trade and financial institutions. While States retain their international human rights law obligations of due diligence when they participate in such institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations. The United Nations human rights due diligence policy on United Nations support to non-United Nations security forces that "sets out measures that all United Nations entities must take in order to ensure that any support that they may provide to non-United Nations forces is consistent with the purposes and principles as set out in the Charter of the United Nations and with its responsibility to respect, promote and encourage respect for international humanitarian, human rights and refugee law" is one example.
- 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
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 36
- Paragraph text
- The rapid and accurate identification of victims of trafficking in persons - as well as being part of a State's prevention obligation - is also an essential prerequisite to realize the right to remedy. As such, the detention of victims of trafficking in persons, for example as smuggled or irregular migrants or undocumented migrant workers or as sex workers, constitutes a failure of this obligation to identify victims and denies them access to an effective remedy. While trafficked persons have a right to safely remain in the country pending the completion of relevant proceedings - including to participate in such proceedings - States should also ensure that a victim's immigration status or absence of the victim from the jurisdiction does not preclude enjoyment of the right to remedy.
- 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
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 69
- Paragraph text
- In undertaking her activities, the Special Rapporteur will endeavour to adopt a participatory approach, in the form of consultations and constructive dialogue with all stakeholders, including victims of trafficking, civil society and the private sector.
- 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
- 2015
Paragraph