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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
Prevention of trafficking in persons 2010, para. 42
- Paragraph text
- These practices illustrate that some measures directed at countering trafficking or promoting safe migration are misguided and result in violations of the human rights of prospective migrants. Strategies to promote safe migration should not be based on the restriction of migration channels that States may regard as potentially dangerous without concrete evidence. Rather, any prevention strategies should be underpinned by the recognition of freedom of movement and the creation of more opportunities for legal and non-exploitative labour migration. In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration. In this regard, bilateral or multilateral agreements providing for legal labour migration are strongly encouraged. Steps must be taken, however, to ensure that such agreements are consistent with international human rights laws and standards and that the implementation of the agreements is independently monitored so that they do not result in the "exporting" of migrants under abusive working conditions.
- 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
- 2010
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 17
- Paragraph text
- African States have started taking coordinated action both at the regional and subregional levels. At the level of the AU, the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, was adopted by Ministers of Foreign Affairs, Migration and Development from Africa and the EU in November 2006, at the Africa-EU Ministerial Conference on Migration and Development, held in Tripoli in the framework of the Africa-EU Strategic Partnership. The Action Plan provides specific recommendations to be implemented by Regional Economic Communities (RECs) and member States based on a three-pronged strategy: prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking.
- 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
- Children
- Persons on the move
- Women
- Année
- 2010
Paragraphe
Prevention of trafficking in persons 2010, para. 68
- Paragraph text
- The protection of the human rights of migrants is of paramount importance in preventing exploitation that leads to trafficking. Thus, States should respect, protect and promote the human rights of migrants, particularly labour rights in sectors where such protection has traditionally been weak or absent, such as domestic work. To that end, States should sign, ratify and enforce all relevant human rights instruments, in particular the Palermo Protocol and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- 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
- Families
- Persons on the move
- Année
- 2010
Paragraphe
The issue of human trafficking in supply chains 2012, para. 9
- Paragraph text
- Businesses may be linked to human trafficking in various ways. They may be directly implicated in the crime of trafficking when they recruit, transport, harbour or receive persons for the purpose of exploitation during the course of their business. This may occur with or without the knowledge of the management or if the company has recruited the persons itself or through a third party, such as a private recruitment agency. For example, the construction industry has been linked to trafficking in this manner, exploiting internal or international migrants supplied through informal and clandestine recruitment systems.
- 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
- 2012
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 39
- Paragraph text
- The mandate holders have ascertained that the failure to protect the rights of workers, and in particular migrant workers, is a major contribution to exploitation related to trafficking. By way of prevention, the Special Rapporteur has repeatedly called on States to strengthen enforcement of labour laws and build the capacities of labour inspectorates to supervise workplaces, including common sites of exploitation for trafficked persons such as brothels, private homes, farms and small factories, and take steps to regulate the recruitment agencies, which along with the legitimate businesses that use their services, are profiting handsomely from the exploitation of migrant workers.
- 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
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2014
Paragraphe
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2015
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 79c
- Paragraph text
- [Future mandate holders could focus on conceptual and definitional overlaps; the consequences of a human rights-based approach to trafficking; measuring the impact of anti-trafficking interventions, corruption and trafficking; and the effectiveness of victim identification tools. They should:] Consider collaborating with the Special Rapporteurs on contemporary forms of slavery, including its causes and its consequences, on the sale of children, child prostitution and child pornography, and on the human rights of migrants, to capitalize on common interests and approaches;
- 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
- Année
- 2014
Paragraphe
Due diligence and trafficking in persons 2015, para. 21
- Paragraph text
- To counter these and other effects, due diligence requires that in developing, implementing and assessing prevention approaches, initiatives be based on "accurate empirical data" and targeted to those most at risk of trafficking in persons. For example, mass migration crises result in the concentration of a large number of displaced vulnerable populations in few places, making them a prime target for traffickers. Prevention policies should mitigate these risks, including through providing comprehensive and innovative regulated mobility avenues in order to prevent recourse of migrants to smugglers in the first place. Additionally, in crisis situations such as armed conflicts, natural disasters and protracted crises, it is vulnerable and mobile populations such as "irregular migrants, migrant workers, asylum seekers and displaced populations (refugees and internally displace) persons) caught up in a crisis, or in transit, people left behind and local communities" that are most at risk of trafficking in persons. Good State practices to address these risks before crisis can include, for example, ensuring livelihood activities to reduce the vulnerabilities to trafficking in persons and exploitation for at-risk populations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2015
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
Due diligence and trafficking in persons 2015, para. 22
- Paragraph text
- Good practices in prevention should also address all types of trafficking. For example, good practices to combat trafficking in persons for the purpose of domestic servitude in diplomatic households include that undertaken in Austria, where authorities request that foreigners who seek to work for a diplomatic household have a written contract that complies with Austrian labour law. Workers must also apply in person for a diplomatic legitimation card, giving Austrian authorities, "an opportunity to interview the applicants, examine their work contracts, and inform them of their rights and obligations while in Austria and of the contact details of NGOs which could be of assistance." Good practices to prevent labour trafficking include States regulating the supply of workers to sectors by controlling the licensing of employment agencies working in these fields. For example, in the United Kingdom, the Gangmasters Licensing Authority regulates the supply of workers in certain labour-intensive industries (e.g., agriculture, horticulture, forestry, fishing, food processing).
- 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
- 2015
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. 15
- Paragraph text
- In order to provide a description and to establish the nature and scope of the problem, the Special Rapporteur will consider trafficking in conflict from three perspectives: trafficking of persons fleeing conflict; trafficking during conflict; and trafficking in post-conflict situations. In practice, overlapping between these aspects is common. However, it is possible to identify particular features or issues of trafficking associated with each to understand how different situations and vulnerabilities arise and how they can be addressed. Because of a dearth of information, the Special Rapporteur addresses the most common forms of trafficking in conflict and post-conflict situations.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
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
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
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. 69
- Paragraph text
- In particular, as highlighted by both the Committee on the Rights of the Child and the Special Rapporteur on the sale of children, child prostitution and child pornography, States have a responsibility to listen to and take into account the views of children who may be affected by policy measures that are planned, in particular paying attention to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes.
- 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
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2013
Paragraphe
Stocktaking exercise on the work of the mandate on its tenth Anniversary 2014, para. 54
- Paragraph text
- Given the interlinkages between the mandates of the Special Rapporteur on trafficking in persons, especially women and children, the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on the human rights of migrants, enhanced collaboration could be sought through regular consultations and joint thematic studies to discuss conceptual issues, such as the adoption of children.
- 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
- 2014
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
Prevention of trafficking in persons 2010, para. 73
- Paragraph text
- Migrants' States of origin should provide all prospective migrants with pre-departure training that respects human rights and provides realistic information about the risk of abusive forms of migration. Receiving States, in cooperation with embassies and consular authorities, should provide migrants with orientation training upon their arrival that informs them about their rights and obligations as migrants, including remedies available for abuse and exploitation by employers and other parties.
- 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
- 2010
Paragraphe
The right to an effective remedy for trafficked persons 2011, para. 16
- Paragraph text
- The Special Rapporteur also noted in the Human Rights Council report that returning a trafficked person to his or her country of origin may not be an appropriate form of remedy where he or she has lost legal, cultural or social ties with the country of origin and it is no longer in his or her best interest to return to it. For instance, it is conceivable that a child who is trafficked to another country and perpetuated in this situation over decades may lose his or her social and cultural identity in the country of origin. Where these factors exist, restitution may involve reintegration of the trafficked person into the host community or resettlement in a third country.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2011
Paragraphe
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 66
- Paragraph text
- OAS has been very active in the provision of training on human trafficking. Through its programmes, consular officers, diplomats, peacekeepers, public security officers and migration officials, together with personnel from various government ministries and civil society in Latin American countries, have had the opportunity to analyse different scenarios to prevent and combat trafficking and learn about the profiles of victims of trafficking, including gender and age as determining factors. Interest was expressed by participants regarding the inclusion of the training materials in the curricula of diplomatic academies. As a result, in 2009 nine countries have confirmed the inclusion of OAS training materials in the curricula of their diplomatic academies.
- 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
- Année
- 2010
Paragraphe
The issue of human trafficking in supply chains 2012, para. 11
- Paragraph text
- Furthermore, businesses may be indirectly associated with the crime of trafficking when their suppliers, subcontractors or business partners supply goods or services produced or provided by trafficked persons. This type of situation creates significant challenges for businesses, given that supply chains in today's global economy are often complex and may involve multiple layers of suppliers and subcontractors in various countries and regions, which hampers monitoring of the entire production process. In recent years, a growing number of companies, in particular those with complex global supply chains, have been increasingly faced with allegations of trafficking within their supply chains made by the media and civil society organizations. For example, global clothing companies have been accused of human trafficking and slavery through the use of subcontractors who exploited migrant workers in Asia, while chocolate and confectionary companies have been accused of benefiting from trafficked children who were forced to work under harsh conditions in cocoa farms in West Africa. An international tobacco company has also been linked to allegations of trafficking and forced labour through the conduct of tobacco farm owners who supply tobacco to the company's subsidiary in Kazakhstan. In the tobacco farms, children of migrant workers were reportedly employed under harsh conditions considered to be the worst forms of child labour and some employers allegedly confiscated migrant workers' passports, did not pay regular wages, cheated them of earnings and forced them to work excessively long hours. While the international company had no direct contractual relationship with the tobacco farm owners, it has nevertheless found it difficult to disassociate itself from the allegations in the light of the significant economic benefits that it ultimately derives from such conduct.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Persons on the move
- Année
- 2012
Paragraphe
The issue of human trafficking in supply chains 2012, para. 19
- Paragraph text
- Immigration laws could also contribute to preventing migrant workers from being trafficked into supply chains. Increasing opportunities for legal, gainful and non-exploitative labour migration is a measure that States may take to prevent trafficking in persons (E/2002/68/Add.1, guideline 7, para. 7). In fact, a lower incidence of trafficking is reported where opportunities for regular migration are available within a multilateral framework or under a bilateral agreement between the sending and receiving States, or where there are otherwise established channels of migration (see A/65/288, para. 42). For example, the Protocol Relating to Free Movement of Persons, Residence and Establishment concluded under the auspices of the Economic Community of West African States, mandates the abolition of visa and entry permits for Community citizens, giving them greater freedom of movement between member States. While the implementation of the Protocol has reportedly been limited and it is difficult to assess its impact in preventing trafficking in persons, it nevertheless stands as an example of a framework that could encourage the regularization of population movements and hence decrease the risk of trafficking.
- 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
- 2012
Paragraphe
The issue of human trafficking in supply chains 2012, para. 45
- Paragraph text
- There are other positive multi-stakeholder initiatives led by international organizations. For example, the International Organization for Migration has successfully supported and promoted public-private partnerships in India, engaging the private sector, the Government and non-governmental organizations. The partnerships focused on creating economic enterprises and providing employment opportunities to tackle the root causes of trafficking and irregular migration, such as poverty and lack of educational and livelihood opportunities, and to assist the victims of trafficking in recovery. They have reached out to more than 600 survivors, involved 20 corporations and 20 non-governmental organizations and garnered the support of local governments and law enforcement agencies. They have successfully led to the establishment of economic enterprises that provided employment opportunities for trafficked persons, including a mechanized laundry unit in Goa known as "Swift Wash", supported by various companies and the Goa Chamber of Commerce and Industry.
- 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
- 2012
Paragraphe
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- 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
- Année
- 2012
Paragraphe
The issue of human trafficking in supply chains 2012, para. 40
- Paragraph text
- Creative campaigns enable consumers to make informed decisions about the products that they buy and to ensure that they are free of trafficked labour. For example, the "Buy Responsibly" campaign, launched by the International Organization for Migration, uses various media to raise public awareness of the fact that products purchased regularly may be made using trafficked or exploited labour and provides practical information about how consumers may make informed choices in purchasing products. Not for Sale, a non-governmental organization, also strategically uses various media to educate consumers about how their products are made. For example, it has launched an interactive online survey about consumer lifestyles to find out the number of slaves who probably would have been involved in sourcing and producing the products that the respondent owns and uses every day. It also runs the "Free2Work" campaign, which provides consumers with ratings on the basis of a brand's trafficking-related policies, transparency, monitoring and worker rights.
- Organe
- Special Rapporteur on trafficking in persons, especially in women and children
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Personnes concernées
- Persons on the move
- 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. 49
- Paragraph text
- Evidence suggests that when businesses work together to stop human trafficking, they can have a significant impact. For example, 10 food corporations in the United States of America involved in selling fast food, food services and groceries signed what were called "fair food agreements" in 2010 with an organization representing migrant farmworkers. Retailers purchasing large quantities of tomatoes accepted a legal obligation "to cut off purchases in the event slavery is discovered in their supply chain". The agreement came after a consumer boycott of one retailer, organized as a result of a campaign by the migrant farmworkers' organization. The consumer boycott was started after it became known that labourers subjected to forced labour had worked on several farms that were supplying tomatoes to major retailers.
- 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
- 2013
Paragraphe
Due diligence and trafficking in persons 2015, para. 20
- Paragraph text
- Due diligence on preventing trafficking also requires action to address the wider, more systemic processes or root causes that contribute to trafficking in persons, such as inequality, restrictive immigration policies, and unfair labour conditions, particularly for migrant workers. As such, the present mandate holder has previously emphasized that international law "requires that States act with due diligence to prevent trafficking and the human rights violations with which it is associated," including to address demand, such that due diligence "on the part of States should require action on these wider processes, all of which foster demand for, and vulnerability to, trafficking." Additionally, Rantsev v. Cyprus and Russia, has clarified that as part of the positive obligation to address trafficking "a State's immigration rules must address relevant concerns relating to encouragement, facilitation or tolerance of trafficking." Often, however, States adopt immigration policies in the name of preventing trafficking that in practice deter movement; instead of being preventative, these policies make transborder movement more perilous and foster situations that lead to trafficking.
- 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
- Année
- 2015
Paragraphe
Due diligence and trafficking in persons 2015, para. 25
- Paragraph text
- Instead, a meaningful due diligence approach broadens the scope of identification to address a wider class of potential or presumed victims, as part of a comprehensive approach to prevention rather than a solely reactive or post-hoc due diligence measure. A wider and more pre-emptive approach necessarily involves a broader range of actors beyond law enforcement or border officials in identification. Good practices in this regard include involving actors such as labour and health and safety officials in identification of trafficking victims. Another good practice is for States to assign labour attachés to the staff of diplomatic missions, particularly in those countries that receive the largest number of a State's migrant workers. In order to facilitate victims' trust and identification - and subsequent protection and assistance - firewalls between certain areas (e.g., between enforcement of immigration laws and enforcement of labour laws) will often be necessary.
- 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
- 2015
Paragraphe
The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children 2014, para. 46
- Paragraph text
- No prosecution or punishment. The acceptance that victims of trafficking should not be punished - or indeed prosecuted - for offences that have been committed in the course of their trafficking, such as immigration and work offences has grown. The Special Rapporteur has regularly upheld the importance of this principle and endorses the now widespread position that States should not prosecute or punish victims "for unlawful acts committed by them as a direct consequence of their situation as trafficked persons or where they were compelled to commit such unlawful acts" (CTOC/COP/WG.4/2009/2, para. 12(b)). A number of States, international organizations and civil society groups responding to the questionnaire pointed to the work of the Special Rapporteur on this issue as a major achievement, helping to establish non-prosecution and non-punishment as an accepted standard.
- 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
- Persons on the move
- Année
- 2014
Paragraphe