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Trafficking in persons in conflict and post-conflict situations 2016, para. 26
- Paragraph text
- Trafficking in persons is not only a consequence of conflict, it can also fuel conflict, as situations of conflict can be prolonged by actors who take advantage of situations of lawlessness to reap personal gain through lucrative activities such as trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 46
- Paragraph text
- In the above-mentioned report, the Special Rapporteur also identified the entitlement of victims of trafficking to due diligence protection and prevention against trafficking in persons by States, whether in times of conflict or otherwise (A/HRC/32/41, para. 56). These rights include: the right to be identified; the right to protection; the right to assistance and support; access to remedies; and the right to safe return/protection from retrafficking/protection from persecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 56d
- Paragraph text
- [Rights of victims of trafficking in armed conflict. Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. These rights include:] Access to remedies. International law provides victims with the right to adequate and appropriate remedies for the harm they have suffered. The form of remedy should, as far as possible, expunge the consequences of the breach and re-establish the situation that existed prior to its occurrence. In trafficking cases, compensation for harm as well as for material losses, such as unpaid wages, is an important form of remedy. As the mandate of the Special Rapporteur has amply demonstrated (A/HRC/17/35, A/HRC/17/35/Add.6 and A/HRC/26/32), the right to a remedy is often not effectively available to trafficked persons because laws, policies and mechanisms for such remedies are weak or non-existent and even where the necessary infrastructure is in place, victims frequently lack information on the possibilities and processes for obtaining remedies. Conflict exacerbates the scale and impact of these obstacles. Where trafficking-related exploitation occurs within a situation of conflict, the possibility for victims to secure adequate and appropriate remedies is remote because the State most directly concerned often lacks the capacity to deliver such remedies, and it is difficult or impossible to determine who is legally responsible for providing access to remedies and how this responsibility can be enforced;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 14
- Paragraph text
- Human trafficking is an increasingly common feature of modern conflict, whether non-international or international. Existing vulnerabilities to trafficking, from gender-based violence to discrimination to lack of economic opportunity, are exacerbated before, during and after conflict. Furthermore, conflict tends to fuel impunity, the breakdown of law and order and the destruction of institutions and communities, which foster the conditions within which trafficking will flourish, often past the point at which hostilities cease.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 58
- Paragraph text
- With regard to gaps in the financial capacity of actors to address human trafficking, the subject of international cooperation between States to, inter alia, finance existing mechanisms such as the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery has been raised. These funds can be used to provide much needed resources and capacities to humanitarian actors, who often bear the burden of providing protection from within limited means, and sometimes beyond their range of abilities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 56
- Paragraph text
- Discussions on how to break the trafficking cycle while focusing on the rights and needs of all trafficked persons or potential victims of trafficking echoes the sentiments contained in the statement by the President of the Security Council of 16 December 2015, which urged relevant United Nations agencies operating in armed conflict and post-conflict situations to build their technical capacity to assess conflict situations for instances of trafficking in persons, proactively screen for potential victims of trafficking and facilitate access to needed services for identified victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 56b
- Paragraph text
- [Rights of victims of trafficking in armed conflict. Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. These rights include:] Right to protection. International law requires States to ensure that victims of trafficking under their jurisdiction or effective control are protected from further exploitation and harm. To that end, States are required to take reasonable measures, within the scope of their powers, to move the victim out of the place of exploitation to a place of safety; attend to the victim's immediate medical needs; assess and address the risk of the victim being subject to intimidation or retaliation; and protect the victim's privacy. However, during conflict, even the most basic and urgent victim protection measures may be difficult or impossible to secure;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 56a
- Paragraph text
- [Rights of victims of trafficking in armed conflict. Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. These rights include:] Right to be identified. The recommended principles and guidelines on human rights and human trafficking and the commentary to the Council of Europe Convention on Action against Trafficking highlight that failure to correctly identify a trafficked person, or to identify her or him at all, will directly affect the ability of that person to access the rights to which she or he is entitled. States are therefore required to take positive steps to identify victims of trafficking accurately and in a timely manner and to ensure that they are referred to appropriate services. During situations of conflict, the risk of identification failures is very high;
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 10
- Paragraph text
- Trafficking in persons violates human rights and continues to pose a serious challenge to humanity, including in conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 59
- Paragraph text
- The majority of States have enacted anti-trafficking laws. Of those States that have adopted such laws, 41 per cent have reported no trafficking convictions, or fewer than 10, per year, a figure that reveals the extent of impunity for perpetrators involved in the crime of trafficking in persons, whether government employees, members of the military or peacekeeping, humanitarian and other international personnel during conflict and post-conflict situations. Impunity is a contributing factor to trafficking in persons. The accountability of those who engage in trafficking in persons in situations of armed conflict mitigates the risks of trafficking. In cases where national criminal justice systems fail or lack the jurisdiction to appropriately respond to trafficking, the possibility of international, hybrid or regional courts prosecuting cases of trafficking, within the scope of their jurisdiction, with the possibility of including crimes of human trafficking within the legal statutes of such courts so as to ensure accountability and fight impunity, is a matter under discussion.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 48
- Paragraph text
- Victims of trafficking are entitled to the same rights, due diligence protection and prevention against trafficking in persons by States whether in times of conflict or otherwise. To achieve this, anti-trafficking responses should be initiated at the very outset of a conflict and should be addressed systematically in all crisis situations. Failure to consider risk factors of human trafficking at the beginning of a conflict situation, or allowing evidence of exploitation to emerge before responding, as reactive response, is not effective. A response triggered by the presence of victims of exploitation or abuse is a response that comes too late as it has failed to address the crime of trafficking when it actually began.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
12 shown of 12 entities