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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Prevention of trafficking in persons 2010, para. 36 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2010 | |||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 29 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2010 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 83 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
Agenda setting of the work of the Special Rapporteur 2015, para. 64 | Aug 19, 2019 | Paragraph | Moreover, international law mandates States to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking and to provide access to remedy. As trafficking in persons is most often perpetrated by non-State actors, compliance with the due diligence principle is critical to ensure State accountability for the protection of the rights of victims and potential victims. However, the standard of due diligence as it relates to trafficking in persons has not been comprehensively articulated, either by the mandate of the Special Rapporteur or elsewhere. Therefore, the Special Rapporteur is of the view that additional guidance would be necessary to better equip States for the actions required to comply with their due diligence obligations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2015 | |||
Agenda setting of the work of the Special Rapporteur 2015, para. 81 | Aug 19, 2019 | Paragraph | In the course of her work the Special Rapporteur intends to strengthen the mandate's engagement with relevant treaty bodies in order to create synergy to ensure States' accountability with regard to the issue of trafficking in persons. She will benefit from their expertise and their concluding observations, general comments/recommendations and case law on issues relating to trafficking, to which she also expects to contribute when relevant. She also believes that the universal periodic review contributes to strengthening efforts aimed at combating trafficking in persons as part of a holistic review of a country's human rights situation. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2015 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 64 | Aug 19, 2019 | Paragraph | Insufficient data and accompanying analysis on patterns of criminal activity continue to hinder efforts to investigate and prosecute trafficking cases. To address this problem, Peru has developed a database system for its national police force to record and manage trafficking cases, which can be used to generate statistical reports and qualitative intelligence information to enhance investigative capacity. In Colombia, an operational anti-trafficking in persons centre coordinates and tracks investigations, prosecutions and victim assistance programmes. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 97 | Aug 19, 2019 | Paragraph | The Special Rapporteur urges States to engage in proactive investigation, employing new technologies and methods that focus on gathering evidence to prove culpability for trafficking crimes without heavy or sole reliance on the testimony of victims. Trafficked persons should not be used as instruments for criminal investigations. In all cases, it is imperative that States integrate gender and aged-based perspectives into investigations and prosecution. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 41 | Aug 19, 2019 | Paragraph | In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (see A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 24 | Aug 19, 2019 | Paragraph | Action on communications and urgent appeals is another method whereby the Special Rapporteur responds effectively to reliable allegations of human rights violations, with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedures, the Special Rapporteur communicates the case to the Government concerned, requesting clarification and action, either through an allegation letter or through an urgent appeal where the alleged violation is time-sensitive and/or of a very grave nature. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2014 | |||
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. 57 | Aug 19, 2019 | Paragraph | Some States have preferred to encourage self-regulation among employment agencies. This was the approach in some European countries which later adopted tighter control and a system of licensing of agencies, for instance due to tragic incidents caused by trafficking in persons. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 15 | Aug 19, 2019 | Paragraph | The Special Rapporteur also takes this opportunity to acknowledge the great contribution bravely and generously made by victims of trafficking to the work of the mandate and expresses her hope that their voices continue to guide and shape the mandate into the future. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2014 | |||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 73 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2010 | |||
The right to an effective remedy for trafficked persons 2011, para. 32 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The right to an effective remedy for trafficked persons 2011, para. 35 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 50 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 52 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2014 | |||
Due diligence and trafficking in persons 2015, para. 26 | Aug 19, 2019 | Paragraph | Additional good practices in this regard that have been previously identified by the present mandate holder include the use of mobile units in Italy "that ensure the presence of social services among populations at risk of exploitation, especially sex workers" and in the Bahamas, the opening of "channels of communication" between the Inter-Ministry Committee (the coordinating body for policy matters on trafficking in persons) and the Trafficking in Persons Task Force (the operational body for addressing trafficking in persons) "with the diplomatic and consular corps in the Bahamas, which have been encouraged to report any suspicion of trafficking cases." | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2015 | |||
Due diligence and trafficking in persons 2015, para. 27 | Aug 19, 2019 | Paragraph | Victim identification under the rubric of prevention - as well as in the context of investigation, prosecution, protection and assistance - also requires greater training and understanding of the "continuum of exploitation" that exists between decent work and forced labour, such that workers experience different forms of exploitation that require different types of interventions when workers find themselves in any situation other than decent work. In addition, training should address the relationship between different forms of transborder movement. For example, trafficking and smuggling are often treated distinctly when in practice they are often very linked, such that what was once an act of smuggling can be turned into an act of trafficking if the circumstances become more exploitative and involuntary. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2015 | |||
Due diligence and trafficking in persons 2015, para. 31 | Aug 19, 2019 | Paragraph | In addition to the obligation to conduct a domestic investigation into events occurring on their own territories, due diligence also means that States have a "duty in cross-border trafficking cases to cooperate effectively with the relevant authorities of other States concerned in the investigation of events which occurred outside their territories." In order to comply with the exterritorial implementation of due diligence obligations, States should also, for example, incorporate extraterritorial jurisdiction into national legislation criminalizing trafficking and strengthen protections against trafficking in contracting or procurement practices for activities abroad. For example, Belize's Trafficking in Persons (Prohibition) Act 2013 gives extraterritorial jurisdiction if trafficking is committed by a Belizean national or a person who is resident in Belize. The present mandate holder has also previously emphasized the need to "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." | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2015 | |||
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 67 | Aug 19, 2019 | Paragraph | The OAS secretariat gave training in 2009 to Uruguayan and Argentine security forces to be deployed on United Nations peacekeeping missions. As a direct result, Uruguay's training centre has trained more than 7,000 peacekeepers in the prevention of trafficking and the identification and protection of victims. Also, as a result of the OAS secretariat's training conducted in Ecuador in 2009 for officers from various ministries, the ministries have agreed on a protocol for victim assistance, identifying the responsibilities of each institution. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2010 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101 | Aug 19, 2019 | Paragraph | The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
The right to an effective remedy for trafficked persons 2011, para. 41 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
The issue of human trafficking in supply chains 2012, para. 21 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 81 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 | |||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 29 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2014 | |||
The right to an effective remedy for trafficked persons 2011, para. 26 | Aug 19, 2019 | Paragraph | Thus, significant challenges still remain in ensuring the enjoyment of the right to an effective remedy by trafficked persons. There are positive signs, however, that States increasingly take the right to an effective remedy into consideration in developing and implementing anti-trafficking responses. The Special Rapporteur was encouraged by solid commitments expressed by a number of States during the interactive dialogue at the Human Rights Council to operationalize this right at the national level. Norway, for instance, noted that the provision of essential information to victims of trafficking in an appropriate manner is often a challenge and pledged to use the Special Rapporteur's report as an inspiration for improvement. Australia mentioned important changes to programmes to support for trafficked persons, including the provision of an extended period for reflection and recovery. The Philippines also informed the Special Rapporteur that its anti trafficking legislation provides for the establishment of a national trust fund that uses fines and properties confiscated from convicted traffickers to provide trafficked persons with a variety of services for their recovery, such as emergency shelters, counselling, free legal services, medical and psychological treatment. Other States, such as Brazil, the Republic of Korea and Greece, shared with the Special Rapporteur information on their efforts geared towards the realization of the right to an effective remedy, such as the provision of counselling, housing, health care and legal assistance. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 33 | Aug 19, 2019 | Paragraph | The basic principles on the right to an effective remedy for trafficked persons are firmly based on established rules of international law. While States are not usually the direct source of trafficking-related harm, they may not absolve themselves of legal responsibility on this basis (see A/66/283, para. 12). Rather, the obligation to provide remedies, or at least access to remedies, to victims of trafficking is set out in a number of relevant instruments and has been widely recognized by United Nations bodies and regional courts. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2014 | |||
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 28 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2012 | |||
The issue of trafficking in persons for the removal of organs 2013, para. 64 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2013 |