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Agenda setting of the work of the Special Rapporteur 2015, para. 9
- Paragraph text
- No country or region is spared the crime of trafficking in persons, which can occur everywhere - at the national, subregional, regional, transcontinental and international levels. Recent trends reveal that victims tend to be trafficked from poor countries to more affluent ones within a region. Similarly, there is also a correlation between the affluence of a destination country (measured by its gross domestic product) and the share of victims trafficked there from other regions (transregional trafficking). Richer countries attract victims from a variety of origins and countries, whereas less affluent countries are mainly affected by domestic or subregional trafficking flows.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 10
- Paragraph text
- Moreover, trafficking in persons has been identified as a problem across a variety of economic sectors, including those integrated into global markets. It has been reported that the economic sectors most exposed to trafficking in persons include agriculture and horticulture, construction, garments and textiles, hospitality and catering, mining, logging and forestry, fishing, food processing and packaging, transportation, domestic service and other care and cleaning work. In those cases, trafficking in persons may be carried out by businesses and/or their business partners, including suppliers, subcontractors, labour brokers or private recruitment agencies, often because of the motivation to derive economic benefits from exploitable labour or services provided by trafficked persons or because of unmonitored or unregulated supply chain practices (see A/67/261, paras. 8-12). It is worth mentioning that in such cases trafficking in persons can and does occur without the transfer of victims from one place to another. The focus should therefore be on the exploitation, rather than the way the person has reached the destination country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 68
- Paragraph text
- The Special Rapporteur will continue to build on the work of the mandate in that field and capitalize on the momentum created by new legislation and initiatives from businesses and civil society to free the supply chains from trafficking, forced labour and slavery. On the basis of her global mandate, international standing and expertise on issues relating to trafficking in persons, the Special Rapporteur intends to continue engaging with businesses in order to encourage the establishment and effective implementation of self-regulatory action (codes of conduct and other similar mechanisms) by the private sector, with the aim of increasing awareness of the risks that trafficking entails, and encouraging them to take action to eradicate trafficking from their supply chains. That would entail the mandate holder bringing together businesses in a number of selected sectors to exchange experiences and practices among themselves, review their assessment protocols through the lens of trafficking prevention, pilot the use of the benchmarks and indicators and encourage multi-stakeholder initiatives, where they exist, to operationalize the responsibility of businesses to respect human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Article 12: Freedom of movement 1999, para. 3
- Paragraph text
- States parties should provide the Committee in their reports with the relevant domestic legal rules and administrative and judicial practices relating to the rights protected by this article, taking into account the issues discussed in this General Comment. They must also include information on remedies available if these rights are restricted.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1999
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 68
- Paragraph text
- ILO followed this up in October 2008 with the publication of its handbook for employers on Combating Forced Labour, which sought to "encourage a broad partnership approach to the fight against forced labour and trafficking through the active engagement of business actors in global action" (p. 7).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Climate change and internal displacement 2011, para. 31
- Paragraph text
- In order to address these intersecting challenges and develop adaptation strategies to deal with complex climate change-related displacement, a broader and more holistic understanding is required which goes beyond the direct line of causality usually applied in situations of sudden-onset natural disasters.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Climate change and migration 2012, para. 41
- Paragraph text
- First, low-lying coastal areas and megadeltas are major sources of environmentally induced migration. This is particularly true in countries such as Bangladesh and Viet Nam, and regions such as the Egyptian Nile Delta and the Niger Delta in Nigeria. Those regions are vulnerable to slow-onset environmental phenomena related to sea level rise and change in precipitation patterns and are also increasingly affected by natural disasters, such as hurricanes, floods, storm surges, soil erosion and soil salinization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 91
- Paragraph text
- States often dedicate significant resources to helping their nationals conduct business abroad. For example, the United States Department of State, via its embassies abroad, offers "problem-solving assistance to United States companies" and "dialogue with the United States private sector to ensure that business concerns are factored into foreign policy". The Special Rapporteur is not aware of similar services offered for associational activities. Canada has been criticized by civil society for using its Department of Foreign Affairs, Trade and Development to promote the interests of Canadian companies abroad at the expense of human rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 89
- Paragraph text
- Transnational cooperation may be bilateral or multilateral. It often, but not exclusively, takes place among countries within the same region or subregion. Cooperation ranges from border control and the verification of travel documents to cooperation among law enforcement authorities and joint preventive programmes, including harmonization of legislation, sharing of information and learning from good practices.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 95
- Paragraph text
- Strategies to prevent illegal adoptions include better cooperation between receiving countries and countries of origin, especially with respect to applications, through operational protocols and guidelines in order to ensure joint responsibility.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Developing the Global Compact on Migration 2016, para. 114
- Paragraph text
- IOM already works very closely with the United Nations, including as a member of the Global Migration Group, and in many countries IOM is part of United Nations country teams. Integrating IOM into the United Nations would thus allow the United Nations to benefit from its vast experience and expertise.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2016
Paragraph
Due diligence and trafficking in persons 2015, para. 40
- Paragraph text
- Human rights due diligence on trafficking is also relevant in the activities of non-State actors, such as business enterprises, trade unions and employer organizations. As with all other non-State actors, States have an obligation to exercise due diligence to prevent, investigate and punish trafficking through their laws and policies toward business entities. This includes, for example, general rules requiring that businesses respect human rights and mandating that they undertake some form of human rights due diligence, as well as specific conditions on how States will conduct commercial transactions with business enterprises, including in their public procurement activities (e.g., by including a zero tolerance policy towards trafficking in contractual clauses and more generally revising public procurement procedures to prevent abusive and fraudulent recruitment). Other good practices include that in Brazil, where the Government "maintains public records of individuals and corporations identified by labour inspectors to be using or to have used slave labour", who then subsequently "face financial sanctions, including fines and denial of national subsidies, tax exemptions and loans from State banks." Disclosure requirements in domestic legislation that mandate companies to make their anti-trafficking policy, if they have one, transparent, is a recent form of State practice that could be strengthened by mandating that companies have such anti-trafficking policies in place and report on their implementation. Recruitment agency licensing to regulate recruitment practices and to require that workers are not charged recruitment fees can be a particularly effective form of State practice to reduce the vulnerability of migrants to trafficking. For example, "some countries in the Americas, including Peru, have explicitly prohibited recruitment agencies from engaging in trafficking and from charging workers any recruitment fees". Additionally, Indonesia and Nepal, "alongside a licensing process, there is a system by which workers can report abuses committed by recruitment agencies to the government."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
General Conclusion On International Protection 1987, para. (l)
- Paragraph text
- Reaffirmed the importance of voluntary repatriation as the most desirable durable solution, particularly in the context of many of today's mass-influx situations, emphasized the need for States to respect the fundamental principles that must always guide action in this area and called upon the High Commissioner and States to continue their efforts in achieving this solution whenever appropriate;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1987
Paragraph
Global migration governance 2013, para. 63
- Paragraph text
- Economic communities all over the world have some form of agreement or intention on the free movement of people within their region. This includes the Economic Community of West African States, the Commonwealth of Independent States and the Common Market of the South (MERCOSUR). The European Union, with its 28 member States, has the most elaborate system of all the regional economic communities and thus provides one of the most developed examples of regional migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Global migration governance 2013, para. 68
- Paragraph text
- While other regions have already implemented, to varying degrees, free movement zones, the European Union's free movement for citizens of European Union member States can serve as an illustrative example for other regional organizations in terms of exploring how to enhance free movement within their region.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Global migration governance 2013, para. 71
- Paragraph text
- Some of the regional consultative processes are driven by external actors, with funding coming from States of the global North, often channelled through IOM. IOM participates in most of the major regional consultative processes as a partner or observer and provides secretariat services for many of the major processes. The International Centre for Migration Policy Development also provides secretariat services for some of the processes. United Nations entities, including UNODC, UNHCR and ILO, are observers in some of the processes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2013
Paragraph
Global migration governance 2013, para. 79
- Paragraph text
- Bilateral agreements may be useful additions to regional or global approaches, particularly for neighbouring countries where there is a high level of mobility. The Special Rapporteur notes the challenges in ensuring transparency and the human rights dimension of bilateral agreements and in monitoring their human rights impact, as they are forms of private agreement between States and subject to the aforementioned power asymmetries between negotiating States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Global migration governance 2013, para. 85
- Paragraph text
- At the same time that bilateral and regional processes may contribute to global migration governance, global governance may also improve regional and bilateral processes if States agree on global standards and practices and bring those to the regional or bilateral level.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2013
Paragraph
Global migration governance 2013, para. 86
- Paragraph text
- There are several regional organizations in the world with some form of free movement for citizens of the organization's member States. It could be envisaged that at some point some of those initiatives could connect, thus expanding the free mobility area covered. However, there is an imperative need for a central human rights framework in all these processes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96k
- Paragraph text
- [Indicators for such a target should include:] Adoption and implementation of regional free movement agreements and/or labour mobility schemes;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- 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. 40
- Paragraph text
- In the course of her country visits and from other sources, the Special Rapporteur has heard about a variety of other measures taken by States to discourage demand. She has learned that the measures needed to address direct and derived demand are usually different. In the case of direct demand (which inherently seeks the services of individuals who have been trafficked), legislative or other measures that have a direct influence on purchasers' decisions are appropriate. However, when only some of the identical services or products available to purchasers have involved the exploitation of persons, a different approach is appropriate: one which moves the focus from final purchasers onto whoever makes key purchasing decisions earlier in the supply chain and is in a position to discern which services or products involve human trafficking and which do not. This approach, which seeks to influence the purchasing decisions of such intermediaries by legislation or other measures, often introduces an element of regulation into the supply of services or products. Other States have adopted legislation or policy to regulate recruitment and employment in sectors where, in the absence of such regulation, trafficking is deemed likely to occur.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- 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. 41
- Paragraph text
- As stated in the Trafficking in Persons Protocol, factors that make people vulnerable to trafficking and demand must be addressed in the strategies to prevent trafficking. This is further reinforced by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent trafficking shall address demand as a root cause and States shall ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination. States may be held legally responsible for their failure to take adequate measures to prevent trafficking in persons, including measures to discourage demand. States in which exploitation of persons occurs or is alleged to occur have a particular responsibility to take action to discourage demand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 54
- Paragraph text
- With a few languages dominating the online environment, language barriers can also be a further impediment to access online content. However, the Special Rapporteur notes the increasing number of sophisticated online translation services.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Manifestations and causes of domestic servitude 2010, para. 32
- Paragraph text
- The mechanization of agriculture, rural-urban migration and the development of labour-intensive export industries, coupled with the erosion of workers' rights outside the traditional bonded labour context, have led to the emergence of patterns of "neo-bondage", whereby destitute people commit themselves to working off loans or wage advances obtained from their employer and cannot default on this debt, not least due to a fear of extrajudicial enforcement. In this context, researchers note an increasing feminization of bonded labour and some of the victims end up in bonded domestic servitude.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Mapping and framing security of tenure 2013, para. 84
- Paragraph text
- Another issue is the lack of coherence and harmonization among the multiplicity of laws and regulations bearing upon urban security of tenure, leading to legal uncertainty, lack of implementation of key provisions, even unwanted impacts such as evictions. Rights of adverse possession provided for by law might also be limited or denied by subsequent regulations, or in implementation. In addition, even when planning laws provide for the regularization of informal settlements, questions of sustainability relating to the increase of land prices and full availability of services remain.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Minimum Age Convention 1973, para. 2. (1)
- Paragraph text
- Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation.
- Body
- International Labour Organization
- Document type
- International treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1973
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 65
- Paragraph text
- The principle of non-refoulement is an important principle codified in several international instruments, considered part of international customary law and reflected in international jurisprudence prohibiting the return or extradition of a person to another State where there are substantial grounds for believing that he or she would face the risk of being tortured. States are thus not only prohibited from subjecting persons to torture but also from sending them to States where they face that risk, or through indirect or "chain" refoulement. The sending State is therefore responsible for undertaking a proper risk assessment of the situation in the receiving State.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 18c
- Paragraph text
- [Those provisions make clear that prevention measures should address both the supply and demand factors leading to trafficking in persons. In that regard, guideline 7 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking, issued by OHCHR in July 2002 (E/2002/68/Add.1), provides further guidance. The main prevention measures recommended by guideline 7 may be categorized as follows:] Increasing opportunities for legal, gainful and non-exploitative labour migration;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 19
- Paragraph text
- It can be gleaned from this guideline that both supply and demand factors need to be tackled in order to prevent trafficking, although prevention efforts may be often perceived as being the responsibility of source countries. Trafficking in persons is a dynamic process, caused by an array of complex and intertwined "push" and "pull" factors. Thus, the prevention of trafficking in persons requires truly concerted and collaborative efforts by all countries of origin, transit and destination.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Prevention of trafficking in persons 2010, para. 55
- Paragraph text
- While these standards do not specifically refer to trafficking in persons, businesses cannot shy away from this issue. Businesses are a significant part of the human trafficking chain, as they could be directly linked to it through the recruitment, transport or receipt of workers for purposes of exploitation. They can also be indirectly associated with trafficking through the actions of others, such as suppliers, subcontractors, business partners, labour brokers or private employment agencies. The active participation of businesses in the fight against trafficking has a number of advantages. To the extent that human trafficking involves many stakeholders and cannot be addressed by a single one of them, the participation of businesses will enhance partnerships and cooperation among all concerned. Such partnerships can, in turn, facilitate the mobilization of resources. Taking part in preventing trafficking is also beneficial for businesses, as it promotes a better corporate image and demonstrates leadership in the area of corporate social responsibility.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph