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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. 53
- Paragraph text
- It was noted that, while social audits had contributed positively to establishing a baseline understanding of human rights and labour conditions in the workplace, other forms of engagement, including training and capacity-building for compliance staff and the development and dissemination of targeted guidance on human trafficking, were equally important. Other types of assessments were also highlighted, including self-assessments carried out by suppliers to evaluate their own compliance with standards and assessments of labour supply chains to review conditions of recruitment and migration, where those conditions pose risks of, inter alia, debt bondage and forced labour for migrant workers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66e
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers are provided with a written employment contract that is straightforward and understandable by the workers. Contracts for migrant workers are shared with the workers sufficiently in advance of their deployment;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 61a
- Paragraph text
- [Participants identified several other actions and interventions, listed below, which have also helped the Special Rapporteur define areas for further engagement and work under the mandate in strengthening the strategies implemented by multi-stakeholder initiatives and industry coalitions to detect and tackle trafficking in persons:] Corporate codes and policies must be strengthened to address risks of trafficking and forced labour in recruitment and labour supply chains, and must set out specific protections for migrant and other vulnerable workers;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Women
- Youth
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 23
- Paragraph text
- In addition to national legislative frameworks on the accountability of businesses and the effective transposition of international standards to national labour codes, the existence of national policy and legislative frameworks in other areas also plays an important role in tackling and reducing trafficking in persons and forced labour. While not directly addressing the issue of trafficking in persons, measures such as those to regulate recruitment are crucial in reducing risk factors. Indeed, in 2014 the Special Rapporteur on the human rights of migrants dedicated part of his report to the Human Rights Council (A/HRC/26/35) to the issue of recruitment in the context of labour exploitation of migrants.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 39
- Paragraph text
- Budget constraints imposed by client companies and limitations in audit protocols with respect to worker interviews, including the practical challenges of interviewing migrant workers from diverse cultural and linguistic backgrounds, are also key concerns. Given the low levels of awareness among clients about trafficking and forced labour risks and a lack of systems for assessing recruitment and migration practices, the level of detection of trafficking in persons and forced labour cases remains low. An underlying problem identified through the dialogue with the auditing industry is the absence of representatives of that industry at standard-setting negotiations within multi-stakeholder initiatives. As a result, such negotiations can produce auditing protocols that are not effective or practical.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 52
- Paragraph text
- Regarding lessons learned and challenges in detecting cases of forced labour and trafficking in persons, representatives of the auditing community were asked to consider the strengths and weaknesses of current audit strategies, including how auditors addressed recruitment and migration practices, how they gathered information from workers, and challenges and constraints related to client expectations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 79
- Paragraph text
- Multi-stakeholder initiatives should provide specific training to auditors and assurance providers on trafficking in persons to improve their skills in risk detection and evaluation of risk indicators; the training should also cover how to interview workers and should raise awareness of worker vulnerabilities, including those related to gender or migration status.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 110
- Paragraph text
- States should develop and increase the number of alternative options for regular and safe migration and for legal employment of migrant workers.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 40
- Paragraph text
- The evaluation of the competence of the auditors is also a key concern. The level of understanding of the complexities of detecting trafficking in persons, forced labour and other types of labour exploitation varies among those in the industry. The skills required to, among other things, interview workers, and an auditor’s comprehensive understanding of the specific vulnerabilities of categories of workers, such as migrant or contract workers, are indispensable to ensuring adequate evaluations of a company’s performance on indicators related to trafficking in persons. Unfortunately, one single team of auditors is often charged with the evaluation of the complete set of indicators, including those on other issues, such as deforestation or corruption. It is unlikely that auditors with expertise in environmental concerns would have also the same level of experience in evaluating corporate practices that represent risk indicators of trafficking in persons or forced labour, especially considering the subtle ways in which such practices may be concealed and the fact that workers themselves may be unaware of the wrongfulness of corporate practices that are perceived as common businesses practices, such as compulsory overtime or the payment of recruitment fees.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 35
- Paragraph text
- Over the past decade, private contractors have been employed by States and their military to support large-scale military operations. While not all cases of contracting and subcontracting involve trafficking for labour exploitation, there have been cases where large firms that hold the prime contract with States and their militaries hire migrant workers through smaller subcontractors or local employment agencies to perform tasks including cleaning, construction, cooking and serving, and haircutting.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 53
- Paragraph text
- The private sector is another actor that could play a positive role in preventing trafficking in persons for labour exploitation and other labour abuses of persons fleeing conflict. In this regard, private sector initiatives have developed guidance to help companies that operate in areas with presence of refugees to understand and identify indicators of risk with regard to labour exploitation and to assist them in implementing due diligence measures to prevent and mitigate labour abuses within their supply chains. One such initiative is the recently published guidance on "Syrian refugees working in Turkey" issued by the Business Social Compliance Initiative and the Foreign Trade Association.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 52
- Paragraph text
- The benefit of trained law enforcement, peacekeeping and humanitarian personnel has also been mentioned both by States and by other entities active in the field as a means of preventing trafficking in persons, especially women and children. In this regard, several examples of successful joint cooperation between States to train law enforcement officials and to conduct joint anti-trafficking operations were mentioned, including the recent joint exercises between European and African law enforcement officials organized by the Centre of Excellence for Stability Police Units and the Organization for Security and Cooperation in Europe, which were focused on reducing human trafficking along migrant routes.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69b
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Identify measures to prevent exploitation of the labour of nationals and non-nationals fleeing conflict, including by establishing safe and legal channels of migration, respecting the principle of non-refoulement and ensuring that migrants have regular access to the labour market in the host country, in cooperation with United Nations agencies and programmes and international organizations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 20
- Paragraph text
- For the millions of people who are forced to flee their country because of armed conflict, the journey of escape has become increasingly expensive and hazardous, with a tangible risk of trafficking-related exploitation. Sometimes these dangers relate to the available paths of escape. Throughout their journey and at their destination, migrants, including refugees and asylum seekers, are highly vulnerable to physical violence, sexual assault, extortion and trafficking, as well as detention by national authorities. The journey of female migrants and unaccompanied children travelling through the Horn of Africa is particularly hazardous. Thousands have disappeared, presumably abducted for purposes of exploitation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Children
- Girls
- Persons on the move
- Women
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 36
- Paragraph text
- Migrant workers in conflict zones have a heightened risk of exposure to human trafficking. Recruitment agents and their intermediaries in countries of origin deceive workers about their country of final destination, the nature of the work and their working and living conditions and, unknowingly, such workers find themselves forced into employment in conflict-affected countries. For instance, a man from the Philippines was allegedly promised employment in Turkey, but was instead trafficked for labour exploitation to the Kurdistan region of Iraq.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 64f
- Paragraph text
- [All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:] Adequately train all stakeholders, including peacekeepers and humanitarian personnel working in conflict zones, in refugee camps and in areas of arrival of large influxes of people fleeing conflict, to identify trafficking or risks of trafficking, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 37
- Paragraph text
- Moreover, migrant workers can also be trafficked into conflict zones by private contractors employed by States and their military forces to support large-scale military operations. While not all situations of contracting and subcontracting involve trafficking for labour exploitation, there have been cases where large firms that hold the prime contract with States and their militaries hire migrant workers through smaller subcontractors or local employment agencies to perform certain tasks, including cleaning, construction, cooking and serving and haircutting.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 14
- Paragraph text
- Human trafficking is an increasingly common feature of modern conflict, whether national or international. Existing forms of trafficking and vulnerabilities ranging from gender-based violence to discrimination to lack of economic opportunities are exacerbated before, during and after conflict. Furthermore, conflict tends to fuel impunity, the breakdown of law and order and the destruction of institutions and communities, which foster conditions within which trafficking will flourish, often beyond the point at which hostilities have ceased. Lack of access to safe and legal migration options forces many persons fleeing conflict to use the services of illegal facilitators, increasing their exposure to exploitation, including trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 36
- Paragraph text
- A pattern of deceptive recruitment, excessive recruitment fees, confiscation of workers' passports, dangerous working conditions and poor living conditions, debt bondage, underpayment or non-payment of wages and other types of abuse and exploitation are, in some cases, indicative of trafficking in persons for labour exploitation within the scope of the international legal definition. Examples include the exploitative recruitment of South Asian migrant workers to provide service at military worksites of conflict areas in the Middle East. The subcontractor deceives the workers about the country of work, which is more dangerous than the promised country, and the type of work to be done, and withholds workers' passports to prevent them from fleeing the conflict zone where they were deceptively hired to work.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Humanitarian
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 11
- Paragraph text
- Conflict severely affects individuals, families, communities and nations on a global scale. In 2014, 41 active conflicts were identified, with the most acute in Africa, the Middle East and Asia. In the same year, conflict and persecution forced a daily average of 42,500 individuals to leave their homes and seek protection, either within their own country or in other countries. The number of persons displaced because of conflict and persecution in 2014 stood at an unprecedented 59.5 million, a 40 per cent increase in just three years.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 69g
- Paragraph text
- All States, particularly those hosting potential victims of trafficking among persons fleeing conflict, should:Establish and/or adapt national procedures for assistance and protection services for victims and potential victims of trafficking in persons, including gender- and child-sensitive measures, to detect trafficking cases and indications of the risk of trafficking in all locations where there are large influxes of refugees and migrants, including hotspots, reception centres and administrative detention centres for migrants;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2016
Paragraphe