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Prevention of trafficking in persons 2010, para. 12
- Paragraph text
- The present report focuses on the prevention of trafficking in persons, which is an integral part of the comprehensive framework to combat and eradicate such trafficking. While the increased attention on the issue of trafficking in recent years has resulted in numerous initiatives and programmes aimed at preventing trafficking in persons, there are concerns that some of them result in the violation of human rights of trafficked persons, particularly when they are not designed on the basis of accurate data and evidence or when the impact and effectiveness are not closely monitored and evaluated.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 97
- Paragraph text
- In some regions, cooperation efforts are mainly focused on investigating and prosecuting trafficking crimes. While this is welcome, efforts should be made to prioritize protection and assistance to victims. Efforts oriented at adopting new criminal laws and enhancing cross-border judicial cooperation to prosecute traffickers are necessary but not sufficient in themselves. Adopting a human rights-based approach to combating trafficking allows countries to tackle this phenomenon in a comprehensive and effective way, putting the rights of the victims at the centre of the process in accordance with international human rights law. A human rights-based approach also allows for effective prosecution of traffickers, putting the emphasis on the right to effective remedy for the victim. The right to access effective legal remedies and the right to compensation for victims of trafficking have received attention only from a few regional and subregional mechanisms.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 77
- Paragraph text
- Finally, the CoE Convention sets out a wide range of assistance measures, including physical and psychological assistance and support for the reintegration of victims of trafficking into society. Medical treatment, counselling and information as well as appropriate accommodation are all among the measures provided. Victims are entitled to a minimum of 30 days to recover and escape the influence of the traffickers and to take a decision regarding their possible cooperation with the authorities. A renewable residence permit may be granted if their personal situation so requires or if they need to stay in order to cooperate in criminal investigations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 88
- Paragraph text
- The right to access effective legal remedies including compensation for victims of trafficking is dealt with for the first time in a regional legally binding instrument in article 15 of the CoE Convention. This article stipulates that victims should have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings in a language which they can understand. They should also have access to free legal aid. This article also recognizes the right of victims to compensation and requests States parties to adopt legislative and other measures to guarantee compensation for victims. These measures can include the establishment of a fund for victim compensation and measures or programmes aimed at social assistance and integration of victims, which could be funded by confiscated traffickers' assets and proceeds. In 2008, OSCE also published a study on "Compensation for Trafficked and Exploited Persons in the OSCE Region".
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 66
- Paragraph text
- International law places an obligation on States to impose effective and proportionate punishments for trafficking and related offences. When considering the appropriate standard, it is important to recognize that punishments that are disproportionate to the harm caused will create distortions that can only hinder effective criminal justice responses. For example, inadequate penalties can fail to deter future crimes and to deliver justice to victims, and potentially impair the effectiveness of international cooperation procedures, such as extradition, which are triggered by a severity test linked to the gravity of sanctions. On the other hand, rigid or extremely severe punishments, such as mandatory minimum custodial terms or provisions for capital punishment, may not meet the required human rights and criminal justice standards.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 58
- Paragraph text
- The development of alternative evidence-gathering techniques has received some attention from States, particularly in recent years. In 2009, a memorandum issued by the Government of India (see also paragraph 30 above) stated that, in order to increase conviction rates, States should build cases based on documentary, forensic and material evidence and lessen the degree of reliance on victim-witness testimony. In the United States, at both the State and federal levels, experts have commented on the value of bolstering a victim's testimony with alternative forms of evidence through such methods as surveillance exercises, subpoenas of phone records, interviews of numerous witnesses and victims, public record searches, information received from confidential informants and warrants to search cars, homes and e-mail. Similarly, reviewing potential sources of evidence, such as transportation receipts, phone records and social websites, has been reported as helpful in bolstering victim testimony.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 59
- Paragraph text
- Another good practice is where States have taken measures to provide victim-witnesses with important information about participation in the justice process and to address privacy and safety concerns during trials. In the United Kingdom of Great Britain and Northern Ireland, the Crown Prosecution Service has a policy of keeping victims informed about case developments, hearing dates, verdicts and sentences. In order to help agencies provide victim-witnesses with information in a language they understand, UNODC and the Global Initiative to Fight Human Trafficking (UN.GIFT) have developed a tool, "VITA", to identify the nationality and language of trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 59
- Paragraph text
- Addressing demand. Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. Both mandate holders have affirmed that international law requires States to discourage the demand that fosters exploitation related to trafficking. The Special Rapporteur has examined that demand in detail in the context of a review of prevention (A/65/288, paras. 29-38) and in a dedicated report (A/HRC/23/48). In the latter report, the Special Rapporteur recommended that States take steps to understand the nature of demand and develop measures to discourage it, based on accurate information and experience. Basic human rights, including the prohibition on discrimination, should further guide this process. The Special Rapporteur also noted the importance of ensuring that measures to address demand do not themselves negatively affect individual rights and freedoms.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 53
- Paragraph text
- Prohibition on forced labour: ILO core instruments as well as the International Covenant on Civil and Political Rights and all regional human rights conventions expressly prohibit "forced or compulsory labour". The ILO Forced Labour Convention, 1930 (No. 29) defines this as "all work or service, which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily". The international legal prohibition on forced labour has been reaffirmed through the adoption of the Protocol of 2014 to the Forced Labour Convention 1930. The purpose of this new instrument is to take a more comprehensive approach to forced labour by focusing specifically on issues of prevention, protection and remedy, and also to work towards the abolition of human trafficking that results in forced labour.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Trafficking in persons in conflict and post-conflict situations 2016, para. 55
- Paragraph text
- However, during conflict even the most basic and urgent victim protection measures may be difficult to secure. For example, effective protection to the victims of forced marriage and sexual enslavement at the hands of ISIS and Boko Haram is proving challenging. Post-conflict societies may also lack the capacity to undertake necessary risk assessments and provide required protections to victims and potential victims of trafficking due to inadequate or non-existent referral mechanisms. Moreover, trafficking in persons is currently not taken into consideration within existing humanitarian and peacekeeping operations in conflict and post-conflict situations. As a result, many victims and potential victims of trafficking, especially those fleeing conflict, remain undetected, primarily due to lack of trained officials likely to encounter and identify possible victims of trafficking in persons, such as law enforcement, peacekeepers and humanitarian personnel. Victims may also refrain from seeking protection due to the social stigmatization linked to certain forms of trafficking, including sexual exploitation, possible retaliation from traffickers, discrimination or mistrust of authorities.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 74
- Paragraph text
- In addition to training, efforts to organize, empower and coordinate the activities of criminal justice officials and agencies are important in building the capacity of national responses. Lack of commitment or knowledge on the part of prosecutors and judges may result in poorly prepared legal arguments and briefs, improper application of the law, inappropriate sentencing, ineffective use of witnesses or evidence and insufficient attention to protection for victims. Lastly, lack of cooperation between police and prosecutors diminishes the effectiveness of the criminal justice response.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 66
- Paragraph text
- States should provide trafficked persons with a reflection and recovery period of at least 90 days once they are identified as trafficked persons in order to ensure their full physical and psychological recovery and to make an informed decision about their course of action. This period should be provided separately and independently of temporary residence permits and trafficked persons should be given medical, psychological, legal, social and other assistance they may require for their recovery during this period on an unconditional basis.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Movement
- Personnes concernées
- All
- Année
- 2011
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 30
- Paragraph text
- In other States, however, statutes criminalize activities associated with trafficking without proper safeguards to identify victims of trafficking. For example, in India, the Ministry of Home Affairs issued a memorandum in 2009 instructing law enforcement to focus on the aspects of the Trafficking Act that criminalize exploiters. Reports nonetheless indicate that the Act, which criminalizes the act of solicitation for prostitution, continues to be used to detain and penalize prostitutes, including those who are victims of trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
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. 76
- Paragraph text
- Commitment to consulting those who will be or would have been affected by potential measures is essential to a human rights-based approach to human trafficking. States should aim to set a high standard for consultation, which may counteract a discourse in which trafficked persons are seen only as victims with little agency, and thus excluded from negotiations. It may also act as a further precedent for such groups to be involved as active subjects in any proposals which would affect their futures.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Due diligence and trafficking in persons 2015, para. 50
- Paragraph text
- Due diligence in the criminalization, investigation, prosecution and punishment of trafficking requires that laws criminalize all forms of trafficking, including for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict. The extraterritorial application of due diligence obligations is furthered by measures such as incorporating extraterritorial jurisdiction into national legislation criminalizing trafficking and through inter-State cooperation in trafficking cases.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 67
- Paragraph text
- As a strategy to enhance the right of trafficked persons to successfully seek compensation, States should ensure that trafficked persons are equipped with the means, assistance and status necessary to exercise this right, namely, access to information, free legal assistance and other assistance necessary to ensure their full recovery, and regular residence status.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Movement
- Personnes concernées
- All
- Année
- 2011
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 38
- Paragraph text
- Other mechanisms include agreements and partnerships between Government and non-government agencies, including victim service providers, to ensure that victims identified by non-State actors have access to Government support services.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 46
- Paragraph text
- Furthermore, it is crucial that actors who are likely to come into first contact with trafficked persons, such as the police and health professionals, provide relevant information to trafficked persons as early as possible. Given that psychological recovery of trafficked persons may take some time, it may be also beneficial to provide information on a regular basis, both orally and in writing in a language they understand.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The issue of human trafficking in supply chains 2012, para. 39
- Paragraph text
- As the bottom line is the primary interest of businesses, other stakeholders, most notably consumers, can exert significant influence over corporate conduct. There is no doubt that consumers are increasingly conscious of how their everyday products are produced and take into consideration a company's commitment to social issues in deciding where to shop. Through ethical consumerism, consumers could play an instrumental role in encouraging companies to take part in efforts to combat trafficking.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 36
- Paragraph text
- Trafficked persons may also seek compensation through a State-administered scheme, which has been perceived as more favourable than legal proceedings, given that its processes are relatively streamlined, less bureaucratic and quicker; and compensation may be made without having to apprehend and convict a trafficker.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The issue of trafficking in persons for the removal of organs 2013, para. 72
- Paragraph text
- National legislation should include an obligation on medical personnel to notify authorities when they become aware of cases or potential cases of trafficking in persons for the removal of organs, with appropriate attention to issues of confidentiality and risks in cases of official complicity. This obligation should extend to medical staff involved in the provision of follow-up care to recipients.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Movement
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Prevention of trafficking in persons 2010, para. 30b
- Paragraph text
- [Demand for the services of trafficked persons or for commodities they have been involved in producing may come from a variety of sources, including:] Individuals who knowingly or unknowingly pay for either their services or products;
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 64
- Paragraph text
- Voluntary standards alone are not sufficient to transform business models. Innovative approaches in sector transformation call for enhanced collaboration with governments. States must guarantee normative frameworks that, on the basis of international standards, protect workers from labour exploitation and set out clear expectations for businesses in this regard.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 103
- Paragraph text
- The CoE is one of the few organizations that has addressed the impact of new information technologies on human trafficking, issuing a report on the "Impact of the use of new information technologies on trafficking in human beings for the purpose of sexual exploitation". The fact that both the demand for, and the recruitment of, victims are increasingly being channelled through technologies such as the Internet, poses completely new challenges in terms of prevention and law enforcement responses to trafficking. Regional cooperation in the conduct of studies and the development of recommendations in this area could be instrumental.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 12
- Paragraph text
- The right to an effective remedy is a fundamental human right for all persons, including trafficked persons, which States must respect, protect and fulfil in accordance with international human rights law. It is also a well-established doctrine of international law that a State has an obligation to provide remedies where an act or omission is attributable to it and constitutes a breach of an international obligation of the State. In the context of trafficking in persons, States are under an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 45
- Paragraph text
- Equally important is the content and form of information to be provided to trafficked persons. Trafficked persons should be provided with full and accurate information about their legal rights, how and where to obtain necessary assistance, different legal options and procedural steps involved in seeking remedies, and consequences of exercising such legal options. Information may be provided in writing such as in leaflets so that trafficked persons may reflect on the information at any time, and/or through hotlines and the Internet to increase accessibility to appropriate information. If the trafficked person wishes to pursue judicial proceedings, the provision of information may also take the form of familiarizing him or her with trial processes through observation of another court proceeding, if possible.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 31
- Paragraph text
- The Special Rapporteur reiterates that States have an obligation to provide remedies for trafficked persons where they fail to exercise due diligence to prevent and combat trafficking in persons or to protect the human rights of trafficked persons. Furthermore, States have a duty to respect, protect and fulfil the right to an effective remedy under international human rights law. To this end, States' responses to trafficking should be guided by the objective of implementing the right to an effective remedy for trafficked persons. Trafficked persons must be recognized as holders of rights from the moment when they are identified as trafficked and States should implement measures to facilitate their realization of these rights. As different components of the right to an effective remedy are interrelated with each other, it is crucial for States to provide for a continuum of assistance and support, aimed at restitution, recovery, compensation, satisfaction and guarantees of non-repetition, as appropriate in each individual case.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- Trafficked persons may also have options of claiming compensation based on labour law violations, such as discrimination, breach of national minimum wage, and unreasonable overtime. While there are some promising practices, the possibility for trafficked persons to obtain compensation through labour proceedings may be restricted by a number of eligibility criteria in practice. In some countries, labour proceedings are not available for trafficked persons engaging in sexual services, as the provision of sexual services itself is illegal and thus not a recognized form of employment to which labour protection applies. Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 40
- Paragraph text
- Satisfaction is a non-financial form of reparation designed to compensate moral damage or damage to the dignity or reputation of the victim. It includes measures such as the verification of the facts and full and public disclosure of the truth, an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons close to the victim, and judicial and administrative sanctions against perpetrators. These measures translate into the obligations of States to conduct a prompt, effective, independent and impartial investigation into human rights violations. Guarantees of non-repetition are geared towards the prevention of human rights violations and include measures such as strengthening the independence of the judiciary, providing human rights education to all sectors of society and training for law enforcement officials, and promoting the observance of codes of conduct and ethical norms by public servants.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The issue of human trafficking in supply chains 2012, para. 18
- Paragraph text
- Labour laws are a powerful tool to prevent and combat trafficking in supply chains, given that matters regulated thereunder, such as recruitment and employment of workers, wages and working conditions, may serve as operational indicators of trafficking. For example, deception about the nature of the job, location or employer may strongly indicate that the worker in question has been trafficked. Victims of trafficking in persons are often recruited and promised prosperous employment opportunities by unscrupulous recruitment agencies or labour brokers, only to end up in situations of exploitation after recruitment. Excessive working hours and debt bondage are other strong indicators of trafficking in persons and the Special Rapporteur has documented numerous cases in which trafficked persons were forced to work for more than 12 hours a day with very little pay in various sectors, typically including agriculture, food processing and garments and textile (see, for example, A/HRC/20/18/Add.2, paras. 9-12). Many States have in place, recently adopted or amended labour laws, requiring the registration of recruitment agencies and labour brokers, setting a minimum wage, placing a cap on the number of working hours, providing for breaks and holiday periods and prescribing occupational health and safety standards. While it is beyond the scope of the present report to scrutinize States' labour laws, the weak enforcement of those laws, rather than their provisions, often gives rise to risks of trafficking in many States. The Special Rapporteur has observed during past official visits that labour inspectors are often not well-equipped in terms of resources and capacity to conduct inspections to detect violations of labour laws, including in cases of trafficking for the purpose of labour exploitation (see, for example, A/HRC/14/32/Add.4, A/HRC/17/35/Add.2 and A/HRC/20/18/Add.2). There are encouraging signs, however, that some States are progressively strengthening the capacity of labour inspectors to prevent labour exploitation. For example, in Argentina, the authorities reportedly launched a more rigorous labour inspection programme in January 2011 and increased the number of labour inspectors to 400 throughout the country, targeting rural areas in particular. The Special Rapporteur commends this positive development, given that it was reported at the time of her official visit to Argentina that the labour inspection programme was ineffective and investigations into forced labour cases rarely carried out (see A/HRC/17/35/Add.4, para. 18). In Brazil, mobile inspection teams, comprising labour inspectors, labour prosecutors and federal police officers, investigate complaints of slave labour, rescue victims and impose fines on employers in breach of labour laws. Since 1995, more than 39,000 workers have reportedly been rescued.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe