Due diligence and trafficking in persons 2015, para. 16

Paragraphe

Paragraph text: The territorial and extraterritorial application of human rights means that States' due diligence obligations apply extraterritorially to those within their jurisdiction, including domestic non-State actors (e.g., corporations). These obligations apply when States exercise "effective control" either when acting individually (e.g., in unilateral military action) or as members of international or intergovernmental organizations and coalitions (e.g., in peacekeeping forces). Due diligence human rights obligations also apply in peacetime, conflict, and post-conflict situations. In practice, however, States, inter-State, and non-governmental actors often overlook trafficking in crisis situations (e.g., armed conflicts, natural disasters and protracted crises), creating significant protection gaps that leave "forms of trafficking unaddressed and victims unassisted.'' While State actors have due diligence obligations in crisis contexts, under certain circumstances, non-State actors (e.g., armed groups) will themselves be required to address international human rights, including the obligations of due diligence. For example, while non-State actors such as armed groups cannot ratify international human rights treaties, "under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights."

Organe: Special Rapporteur on trafficking in persons, especially in women and children

Thèmes

Personnes concernées