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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. 38
- Paragraph text
- As mentioned above, unethical recruitment practices and how they represent a risk of forced labour and trafficking in persons are not widely acknowledged within the private sector or among the stakeholders that participate in the standard-setting process. While some initiatives, such as the Ethical Trading Initiative or Social Accountability International, were created to uphold a strong labour rights component, others, such as the Marine Stewardship Council, were established primarily with an environmental focus. As a result, the level of sophistication in developing indicators that can effectively account for companies’ risk practices in this area varies from one initiative to another. The differences among initiatives regarding their original motivation may not only have an impact in the standard-setting and revision process but may also affect a multi-stakeholder initiative’s success in establishing an assurance programme that effectively monitors businesses compliance with a trafficking standard.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 36
- Paragraph text
- Some examples of industry coalitions are the Electronic Industry Citizenship Coalition and the Business Social Compliance Initiative of the Foreign Trade Association. The Coalition brings together companies such as Apple, HP and Intel and has developed a code of conduct and audit scope that includes extensive references to issues such as unethical recruitment practices. The Business Social Compliance Initiative is a cross-sectoral initiative that has also developed a code of conduct and an implementation plan, including auditing, a capacity-building programme for businesses, including for suppliers, and alternative stakeholder engagement activities. As mentioned above, standards and an assurance programme alone are not sufficient to embed the standards into a company’s business model. Thus, many multi-stakeholder initiatives and industry coalitions develop, in parallel, capacity-building programmes and other awareness-raising activities for their stakeholders to help promote the standards and their implementation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 32
- Paragraph text
- Multi-stakeholder initiatives are organizations that have established voluntary sustainability standards, often for a specific commodity or industry sector. They offer a common label for companies that commit to align to the principles set by the standard and that agree to be monitored under the relevant assurance programme under which their commitment to and compliance with the standards are verified. The voluntary set of standards developed under the initiative often covers a wide spectrum of sustainability concerns, ranging from environmental risks and corruption to working conditions and labour rights. Examples of the initiatives identified under the project include the Forest Stewardship Council, Fairtrade, the Aquaculture Stewardship Council, UTZ and the Aluminium Stewardship Initiative, which are also part of an umbrella organization, the ISEAL Alliance, created to strengthen these standards systems by improving their impacts, defining and advancing credibility, increasing their adoption and proliferation and improving effectiveness.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 19
- Paragraph text
- Under the Modern Slavery Act, companies with a total turnover of over £36 million conducting business, or part of a business, in any part of the United Kingdom are required to publish an annual slavery and human trafficking statement to disclose the steps the organization has taken during the financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains and in any part of its own business. Companies may also provide a statement that the organization has taken no such steps. The statement may include information on the company’s structure and its supply chains, its policies and due diligence processes to combat human trafficking and slavery, specific parts of its business and supply chains that may be exposed to higher risks and steps taken to mitigate such risks, the effectiveness of such efforts, and training made available for its staff. In addition, the statement must be signed by the highest level of management. The duties imposed under the Modern Slavery Act can be enforced in civil proceedings undertaken by the authorities.
- 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
- Violence
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 17
- Paragraph text
- Due diligence is too often limited in practice because it is seen as requiring resources and State capacity to control private actors. This can give rise to questions about the role of due diligence in contexts where capacities of States are diminished (e.g., in conflict or crisis) or where States' capacities to protect human rights from acts of third parties have not kept pace with the rise of powerful private actors, such as corporations and other non-State actors such as armed groups. Because due diligence is an obligation of conduct, it does not insist on a one-size-fits-all approach that requires uniform outcomes from differently situated States. As an obligation of conduct, however, due diligence does require "States to take reasonable measures that have a real prospect of altering the outcome or mitigating the harm." States are also required to undertake substantive review and assessment policies to test results and effectiveness, including whether they are taking appropriate measures to ensure the human rights of trafficked persons. This requirement of due diligence assessment is particularly important when potential infringements come from failures of the State to act with regard to non-State actors as omissions can be particularly difficult to measure.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 65
- Paragraph text
- Respondents to the questionnaire noted that the mandate had also directly contributed to confirming and disseminating the obligations of States with respect to their response to trafficking. The mandate has also been very clear that the obligations of States extend beyond those that relate immediately to victims. For example, in relation to the responses of the criminal justice system, the Special Rapporteur has confirmed the obligation on all States to investigate and prosecute trafficking, as well as the obligation to protect the rights of suspects and the right to a fair trial. In their country mission reports, the mandate holders have also highlighted the link between corruption and trafficking, noting that States are required to act in preventing such corruption and dealing with it once it is uncovered. More broadly, and in particular during the tenure of the current mandate holder, the mandate has examined the implications of the legal obligation on States to take steps to prevent trafficking, detailing actions that should be taken within the framework of a human rights approach (A/HRC/10/16, paras. 45-47).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 60
- Paragraph text
- Supply chains and public-private partnerships. The mandate has maintained a strong focus on non-State actors and the role they can or should play in preventing and responding to trafficking. Information about trafficked labour in the supply chains of major industries, including agriculture, information and communications technology, fishing, garment-making and textiles, has alerted the mandate to the importance of engaging directly with business corporations. Over the past years, the Special Rapporteur has taken up this difficult issue, undertaking research and holding wide-ranging consultations on trafficking in global supply chains. In a dedicated report she outlined a series of clear and practical recommendations for businesses and States to help them eliminate trafficking in the supply chain (A/67/261). This provided the basis for further consultations with business experts that resulted in a draft set of benchmarks and indicators for ensuring that supply chains are free of trafficking. That draft was presented to the Human Rights Council at its twenty-third session (A/HRC/23/48/Add.4, appendix I) and the second United Nations Forum on Business and Human Rights in 2013.
- 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
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 31
- Paragraph text
- Recommendations and checklists. The Special Rapporteur has actively sought to promote normative clarity around trafficking and help flesh out the substantive content of key rules and obligations where that is required. This work has been firmly based on existing international standards, as recognized in the major human rights treaties and the specialist trafficking instruments. A major output of this method of work is a set of draft basic principles on the right to an effective remedy (A/HRC/17/35, annex I), developed after extensive consultation with stakeholders in all regions, which seek to bring clarity to the concept of the right to an effective remedy and set out the factors to be taken into account when this right is applied to trafficked persons. The Special Rapporteur has also created a draft checklist of indicators and benchmarks which businesses can use to assess the risks of human trafficking in their supply chains (2012). The checklist was developed and revised through consultations and is intended to build on and complement existing initiatives, including the Guiding Principles on Business and Human Rights.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 22
- Paragraph text
- In the Recommended Principles and Guidelines on Human Rights and Human Trafficking, the United Nations High Commissioner for Human Rights recommended a set of principles and guidelines to put the human rights of trafficked persons at the centre of all efforts to prevent and combat trafficking and protect, assist and provide redress to victims. The document provides specific recommendations on addressing demand as part of prevention strategies. It highlights the importance of addressing demand as a root cause of trafficking and raising the effectiveness of law enforcement to discourage demand, and recommends analysing the factors that generate demand for exploitative commercial sexual services and exploitative labour and taking strong legislative, policy and other measures to address these issues. Principle 2 provides that States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The issue of human trafficking in supply chains 2012, para. 20
- Paragraph text
- In addition to anti-trafficking laws and other related laws that are aimed at punishing perpetrators of human trafficking in general, some States have adopted creative laws and mechanisms directed at businesses to better monitor their conduct. In Brazil, the Ministry of Labour and Employment maintains a public record of individuals and corporations identified by labour inspectors to be using or to have used slave labour. Once placed on what is known as the "dirty list", the individuals and corporations face financial sanctions, including fines and denial of national subsidies, tax exemptions and loans from State banks. They also automatically have their business dealings suspended by other companies that have voluntarily signed the National Pact for the Eradication of Slave Labour. The Ministry of National Integration has formally recommended that private-sector lenders deny financing to those on the list. The list currently contains the names of almost 300 employers. It is updated biannually and those listed may be removed only if they have not repeated the offence and have paid all fines and labour and social compensation. The list is a good example of how States may name and shame the companies implicated in human trafficking and slavery, and sanction their behaviour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 44
- Paragraph text
- Furthermore, regional bodies have a role in promoting the establishment of national multidisciplinary monitoring bodies, which are key to the success of NPAs. For example, OSCE, COMMIT and the EU encourage States to establish such structures, which they designate as National Rapporteurs or Task Forces. These would be governing bodies with implementation, coordination and oversight responsibility, consisting of representatives from the relevant ministries - including police, justice, social welfare, labour and women's affairs - in charge of evaluating achievements and challenges in the country's implementation of their commitments, managing data collection and information sharing, taking decisions with regard to the need to revise strategies and coordinating overall efforts at the national level. International organizations and NGOs should be involved in these mechanisms. The OSCE Special Representative's 2008 Annual Report focused specifically on these national coordination mechanisms, outlining efforts taken by participating States to establish national coordinators and inter-agency coordinating bodies.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Women
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 47
- Paragraph text
- This lack of accountability at lower levels of the supply chain inhibits the multiplier effect that efforts to implement the standards should have in bringing the larger group within the industry under the same standard. Companies’ leverage over their suppliers in today’s complex supply chains, in which individual companies may represent a small percentage of a supplier’s business share, can prove very limited if it is not accompanied by a collective action from the industry as a whole. While efforts by industry coalitions and multi-stakeholder initiatives are aimed at breaking through such barriers, current individual corporate limits on supply chain transparency hinder the use of powerful tools such as the consumer thirst for greater accountability, as lower levels in the supply chain hidden by a lack of transparency would be immune to such demands for accountability. Also, suppliers whose business relationships are predominantly with companies based in countries where there is a higher level of consumer awareness and where national legislation requires a higher degree of due diligence and transparency will respond differently to their buyers’ requirements regarding compliance with human rights and labour standards than will suppliers whose main business relationships are with companies based in countries with less robust national frameworks and lower consumer demand for ethically produced goods.
- 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
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 34
- Paragraph text
- In order to evaluate the compliance of companies and grant certification, if applicable, multi-stakeholder initiatives establish an assurance programme. The ISEAL Alliance defines assurance as the demonstrable evidence that specified requirements relating to a product, process, system, person or body are fulfilled. Some voluntary standards organizations use the term certification system instead. Models of assurance vary in their approach and level of rigour, which range from self-assessments to third-party auditing. Models of audit methodology may differ in terms of frequency and intensity, and with regard to the requirements auditors need to meet to perform the audit. Assurance programmes also use different scoring systems to rate applicant companies on their level of compliance with the standard. Today, many multi-stakeholder initiatives have opted for a stepwise or continuous improvement approach, rather than a pass-fail approach, and assign a prominent role to capacity-building activities that help companies to understand and tackle challenges in the implementation of the standard and in fulfilling compliance requirements.
- 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
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 33
- Paragraph text
- The governance structure of multi-stakeholder initiatives is usually composed of a wide variety of stakeholders, including businesses, their suppliers and civil society representatives. The multi-stakeholder nature plays an important role, particularly in the standard-setting process, through which stakeholders define the criteria and indicators that the initiative will use to evaluate company compliance with the agreed standard. In this regard, the quality of the criteria and indicators relating to trafficking in persons depends largely on the level of stakeholder awareness of the issue, as well as on the initiative’s success in raising awareness about the standard-setting process among relevant stakeholders, in particular among those that can provide significant feedback. Ultimately, the degree to which this feedback can be integrated into the process will be contingent on the capacity to transmit to other stakeholders the importance and impact that risk indicators relating to trafficking in persons would have in their activities and on their overall performance as measured against labour-related standards.
- 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
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 16
- Paragraph text
- Regarding the obligations of States to protect against and redress the human rights impacts of business, the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework were endorsed by the Human Rights Council in 2011. In the Guiding Principles, States are requested to set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations (principle 2). While the issue of trafficking in supply chains is not specifically addressed in the Guiding Principles, in accordance with principle 17 businesses should carry out due diligence in order to identify, prevent, mitigate and account for how they address their adverse human rights impacts. Pursuant to that same principle, the due diligence should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed, and should cover not only impacts related to an enterprise’s own activities, but also those to which it may be linked through its business relationships.
- 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
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 61
- Paragraph text
- Human trafficking is a serious crime under international law, but in the present circumstances it is also a low risk, high profit organized crime. As such, States noted that monitoring the illicit financial flows it generates for criminal networks and terrorist groups engaged in cross-border transactions could be a means to address impunity, although most transactions appear to rely on non-formal financial systems.
- 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
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 77
- Paragraph text
- The Special Rapporteur will also reach out to the private sector, engaging with businesses and employers in particular, to look out for possibilities for public-private partnerships that will address the demand for cheap labour in the private sector, unethical recruitment practices and other practices relating to the elimination of trafficking in supply chains.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 76
- Paragraph text
- In carrying out her mandate, the Special Rapporteur will consult civil society and non-governmental organizations working to combat trafficking, as well as persons and institutions with particular expertise (such as academia and certain professional categories). The Special Rapporteur will continue to consult and partner with a wide range of national and local organizations, especially during her country visits.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 44
- Paragraph text
- In the Greater Mekong subregion, the Coordinated Mekong Ministerial Initiative against Human Trafficking, comprising six States (Cambodia, China, the Lao People's Democratic Republic, Myanmar, Thailand and Viet Nam), has been addressing trafficking issues since 2004 through subregional plans of action, task forces at various levels and other mechanisms.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 38
- Paragraph text
- Within the framework of the League of Arab States, the Arab Initiative to Build National Capacities to Combat Human Trafficking in the Arab Countries was launched in March 2010 by the Council of Arab Ministers of Justice. The Initiative is aimed at combating trafficking in persons through developing the criminal justice system in Arab States, for example by the capacity-building of law-enforcement bodies, prosecutors, members of the judiciary and the media.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 37
- Paragraph text
- Due diligence in human rights has tended to be quite State-centric. However, increasingly in human rights, due diligence also shapes or influences the activities of inter-State and non-State entities. The transnational nature of human trafficking means that in practice States often cannot meet their due diligence obligations to prevent, investigate and punish trafficking, and assist victims, without cooperating with other countries, whether through existing mechanisms (e.g., mutual legal assistance or extradition agreements or cooperative arrangements mandated by the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime) or through new forms of cooperation that are developed to address the demands of due diligence in a specific trafficking situation. The territorial and extraterritorial application of human rights - including the due diligence principle - means that in some cases States may have concurrent, and potentially overlapping obligations of due diligence for trafficking in persons. In such cases, States should utilize all means available to coordinate and cooperate in anti-trafficking efforts in ways that are also consistent with their other obligations of international cooperation (e.g., under the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime).
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Due diligence and trafficking in persons 2015, para. 16
- 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
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 73
- Paragraph text
- At the national level. The mandate has repeatedly called on States to strengthen their implementation machinery and has sought to provide practical guidance to States on implementing a rights-based approach. Respondents to the questionnaire identified this as a key contribution of the mandate. The Special Rapporteur has consistently advocated for the establishment of national rapporteurs or equivalent mechanisms in countries that do not yet have such a position. Where they do exist (principally, at present, in Europe), independent, appropriately tasked national rapporteurs have generally played an important role in monitoring the national situation; facilitating collaboration between different agencies and between the Government and civil society; and overseeing the collection and analysis of data on the national response and on trafficking trends. Their central role was confirmed at a consultative meeting in 2013 convened by the Special Rapporteur, which brought together, for the first time, national rapporteurs, from 19 countries. A follow-up meeting is scheduled for mid-2014. Of course, the national rapporteur mechanism is just one way for States to approach the challenge of compliance. The Special Rapporteur has encouraged States to consider additional paths to this end, including the development of national plans of action against trafficking and the establishment of broad-based consultation groups to advise and support implementation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 61
- Paragraph text
- While trafficking in persons for the removal of organs is specified as a form of exploitation related to trafficking in the international legal definition, until very recently the mandate did not deal substantively with this issue. This reflected the paucity of reliable information on the practice and uncertainty around its true extent. However, in recent years, there have been a series of reputable reports documenting systematic trafficking in persons for the removal of organs in several different regions of the world and major prosecutions in Africa and Europe. Anecdotal reports of this form of trafficking in persons were also provided to the mandate in the context of recent country visits. Consistently with the commitment of the mandate to tackling difficult, emerging and under-researched issues, the Special Rapporteur focused her attention on trafficking in persons for the removal of organs, with a view to contributing to the international conversation at a pivotal point. She reported on trafficking in persons for the removal of organs on the basis of an expert background paper, peer-reviewed by an informal group of transplant specialists, ethicists and researchers. (A/68/256).
- 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
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 48
- Paragraph text
- Applicable legal framework. One of the main purposes of the work of the Special Rapporteur on effective remedies for victims has been to help clarify the relevant legal framework and by so doing, to provide guidance to practitioners and help address the substantial gap between the provisions of international law in this area and what happens in practice. In her report to the General Assembly on the issue, the Special Rapporteur referred to the established legal doctrine requiring a State to remedy a wrong where an act or omission is attributable to that State and constitutes a breach of its obligations (A/66/283, para. 12). While States are not usually the direct source of trafficking-related harm, they may not absolve themselves of legal responsibility on this basis. 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. Its essence is captured in principle 1 of the draft basic principles on the right to an effective remedy for trafficked persons: "Trafficked persons as victims of human rights violations have the right to an effective remedy for harms committed against them."
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 42
- Paragraph text
- Both mandate holders have taken a strongly thematic approach to their work, actively seeking to identify cross-cutting concerns and aspects and manifestations of trafficking that are highly relevant to all States and have not yet been subject to detailed consideration. This is especially appropriate given that trafficking, as now understood, is a new issue for many Governments and for the international community as a whole. In the present section, the Special Rapporteur has identified five areas of the work that have emerged as major themes of importance to the anti-trafficking movement as a whole, namely: (a) the right of victims to assistance, protection and support; (b) the right of victims to remedies; (c) human rights in the criminal justice response; (d) the prevention of trafficking - identifying the core strategies; and (e) trafficking in persons for the removal of organs. Some of these have been regularly considered throughout the mandate in the context of annual reporting and/or country visits. Others have been subject to separate, detailed consideration. It should be noted that the breadth of the work of the Special Rapporteur is considerable and the present report does not include all substantive areas dealt with by the mandate holders.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 28
- Paragraph text
- Thematic studies and reports. Thematic studies have been a major focus of the work of the Special Rapporteur, enabling the mandate to make substantial and (according to the responses to the questionnaire) highly appreciated contributions to poorly understood or new areas of concern. The topics for study have been carefully chosen on the basis of their relative importance and urgency, as well as the capacity of the Special Rapporteur to make a contribution to shaping international standards and promoting awareness in the chosen area. Issues covered in this way have included measures to discourage demand (2006 and 2013); trafficking for forced marriage (2007); victim identification, protection and assistance (2009); regional and subregional cooperation in promoting a human rights-based approach to trafficking (2010); prevention of trafficking (2010); the right to an effective remedy for trafficked persons (2011); the administration of criminal justice in the cases of trafficked persons (2012); trafficking in supply chains (2012); and trafficking in persons for the removal of organs (2013). In accordance with the mandate issued by the Human Rights Council, particular emphasis has been placed on developing practical solutions to the issues under consideration.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 14
- Paragraph text
- The mandate has received valuable support from a wide range of stakeholders and partners, including States, United Nations agencies and international organizations, academic institutions and non-governmental organizations (NGOs). The Special Rapporteur is grateful to all of them for their important contributions in the form of expertise, research and other types of support. She appreciates the efforts of States to reply to the questionnaires sent to them and their cooperation prior to, during and after country visits throughout the 10 years of the mandate. A number of independent experts have developed background papers and other materials in the context of the thematic studies of the Special Rapporteur. In 2011, a human trafficking research panel was established at Oxford and Cambridge Universities to support the work of the mandate by providing assistance on background research; it has made a substantial contribution to the work of the Special Rapporteur. Others who have provided substantive support include the international human rights clinic at Duke University School of Law and the African Women's Development Fund. The Special Rapporteur expresses her thanks to those mentioned and the many others who have provided the mandate with invaluable and much appreciated assistance over the past decade.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 46
- Paragraph text
- Furthermore, an assessment of the extent to which a situation, initiative or response is in conformity with international human rights law is possible if the human rights of victims of trafficking can be asserted with a sufficient level of detail by specifying what those rights actually are and what obligations they impose upon States. That task is made somewhat more difficult by the fact that the central international instrument relevant to trafficking, the Palermo Protocol, is not clear on the issue of the rights of victims. There are general references to human rights in the Protocol and it includes a number of obligations that may be understood as intended to protect victims. However, on its own, it makes little headway in establishing the precise nature of the entitlements of victims and how they should be satisfied. It is also relevant to note that when the mandate was first instituted, the international human rights system itself had not contributed substantially to clarifying the substantive content of the relevant rights and obligations. While there was regular condemnation of the human rights violations associated with trafficking, the practice was rarely linked to the violation of a specific right in a specific treaty. Throughout all aspects of their work, from country missions to thematic studies, the mandate holders have helped to confirm and promote awareness of those important rights and provided greater clarity regarding the rights of victims.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 50
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- Another example, as highlighted by the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is the experience of Brazil, where to address the pattern of exploitation known as "slave labour" in farming industry the Government initiated a series of measures, including the launching of 2005 National Pact for the Eradication of Slave Labour, which businesses were encouraged to join. The Pact was supplemented by a code of conduct that all signatories of the Pact are required to respect. That Special Rapporteur has recommended that the National Pact be extended to cover the textile industry of Brazil, as cases of forced labour have also been found there (A/HRC/15/20/Add.4, para. 123). By 2011, the Pact's website reported that it had been backed by more than 220 businesses, business organizations or civil society organizations, with a collective turnover worth more than 20 per cent of country's gross domestic product. Nevertheless, despite evidence that numerous companies have stopped doing business with suppliers on the basis of their commitments under the Pact, there has been a notable lack of engagement by companies whose business focuses on some of the commodities linked most closely with slave labour, such as cattle-ranching and the production of beef, soya and cotton.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe