البيان الذي وجهته المقررة الخاصة المعنية بالاتجار بالأشخاص، لا سيما النساء والأطفال، إلى المناقشة التفاعلية لإصدار التقرير العالمي لمكتب الأمم المتحدة المعني بالمخدرات والجريمة عن الاتجار بالأشخاص، 2014

Vienna, 24 November 2014

Executive Director,
Distinguished delegates,
Ladies and gentlemen,

I would like to sincerely thank the United Nations Office on Drugs and Crime (UNODC) for this opportunity to engage with you in my capacity as the UN Special Rapporteur on Trafficking in Persons, Especially Women and Children- a function I assumed in August 2014.

I welcome the launch of the UNODC Global Report on Trafficking in Persons 2014 which provides a global overview of the patterns and flows of trafficking in persons. The Report contains important qualitative information, which is essential to design and implement evidence-based policies, and is of course essential to establish priorities for my mandate. I would like to underline that in this phase this qualitative analysis is more significant and useful than any attempt to assess again the global numbers of trafficking.

We know of course that we are dealing with a massive phenomenon. ILO recdnt estimates are reliable  when they indicate 21 million people in forced labour and trafficking. Now the problem is how to deal with the enormous gaps we still identify between declarations of principle and good intentions, and the reality. And the Global Report highlights that impunity of offenders is still very high, and two billion people do not enjoy any protection under the UN Palermo Protocol. In an action-oriented  perspective, we need accurate and precise information.

I would like to take the opportunity of this interactive discussion to share a few thoughts regarding  the main findings of the Global Report.

• Trafficking in persons happens everywhere. The Report shows  that trafficking can occur internally, between neighbouring countries, or can be transcontinental. It is more and more a phenomenon implying movements of people - when it implies movement at all - from poor areas to wealthier areas. Therefore in my view trafficking should be seen and tackled not only as a crime, but as an economic and social phenomenon, linked with economic global trends. Therefore, especially in terms of prevention and victim protection, more targeted actions are needed, involving civil society actors, social partners and other stakeholders, in addition to law enforcement and the judiciary.

• Trafficking in persons  for purposes other than sexual exploitation is on the increase. This is an important confirmation of a features on which we have had so far only anecdotal evidence. Among those forms of exploitation, labour exploitation is signficantly on the increase. The prevention and fights against trafficking for forced labour and labour exploitation will be one of my priorities. There is momentum, also following the adoption of the ILO Protocol on forced labour. We need to join forced to build an inclusive system of protection and assistance for exploited workers including migrant workers.

• Women are significantly involved in Trafficking in persons, both as victims and offenders. Data regarding women are among the most interesting findings in the Global Report, which confirms that women and girls are severily exploited not only in sexual but also in labour exploitation. In some regions, for example in South and East Asia and in Africa and Middle East, women are even the majority of people exploited in forced labour. Another important data concerns women convicted of trafficking, which amount to 28%. These are very high figures, which should be interpreted. Of course there are women who are traffickers. The example of Nigerian Mamans is very clear. But we know that women are often placed in the most dangerous roles buy traffickers. They are given for example the task to recruit other women, or to control other women. Therefore, we should better understand how many of these convicted women are real offenders, and how many are actually victims obliged to be involved in the crime scheme.

• Child trafficking is on the increase; and not surprisingly, girls are the most affected. The Global Report notices that in certain Regions children are one third of all victims. They are exploited for any purpose, and it is important to know that they are often used to commit crimes. Regarding children, a correct implementation of the non-punishment clause contained in Regional instruments, and in the Global Action Plan, is paramount to tackle child trafficking and avoid that children are deported, detained, or convicted for illegal activities they have been obliged or induced to commit by their traffickers and exploiters.

• More than 2 billion people are not protected as required by the Palermo Protocol. Impunity prevails. In 15% of countries there are no convictions. In the vast majority of countries figures are very low. These two last points mean that the process of implementation of the Protocol, in terms of adopting and implementing legislation, is still underway. The full implementation of the Protocol, in a cooperative dialogue with countries that have a problematic situation will be for sure a priority for my mandate.

• Different types of characteristics  regarding the organisation of  trafficking in persons have been found. I am convinced that we need further research on this subject. For example, it is interesting that the vast majority of convicted persons are nationals of the country of prosecution. This means that countries of origin convict their own nationals. But this also means that destination countries convict not only foreigners but also their own nationals, who are also involved in trafficking schemes. This requires a better understanding of the relationships between foreign organized crime and traditional local organzed crime.

How can we collectively use the outcome/ findings of the research as indicators to assist us in further tailoring adapted responses to combat trafficking in persons?

At the outset, I am encouraged to see that the result of the 2014 Global Report confirms the initial assessment on which I have prioritised the activities of my mandate. These are:

• Protection of the rights of trafficked persons, in particular, assistance and support, and access to justice and civil, labour law remedies including compensation.  From a human rights point of view, assistance and residence status, which is often a pre-condition of assistance, should be unconditional, not dependent on the ability or willingness of the trafficked persons to report to the police or act as a witness. In addition, access to remedies including compensation should be allowed, regardless of the migration status of the person, and even after their voluntar return.
  
  
•  Prevention of trafficking in persons will also be a priority, with a focus on labour exploitation and through the promotion of social inclusion of all vulnerable people including migrants, and particularly child migrants; ethnic or racial minorities; asylum seekers; refugees; among others. for this purpose, the links between trafficking, smuggling, economic migration, and migration originating from conflict areas should be better explored, in order to put in place inclusive and effective policies, aimed at preventing exploitation or further exploitation of socially vulnerable people fleing death, torture, or other forms of violence such as domestic violemce, or extreme poverty.
  
  
• In undertaking my Human Rights Council entrusted mandate, the human rights aspects of victims of trafficking, especially women and children is the underlining focus of my work. I would like to underline here that human rights are indivisible. To prevent trafficking, economic and social rights such as the right to education must be promoted. Similarily, we know that the best protection for exploited workers including migrant workers is self-organization. Therefore freedom of speech, freedom of assembly and association is essential to ensure effective protection for exploited and trafficked persons. States and non State actors have an obligation to exercise due diligence in order to minimize the risks of trafficking and exploitation, and to ensure appropriate redress to victims.

Before concluding, let me undeline three more points:
First, the trafficking mandate’s experience under my predecessors, including the outcome of the first consultative meeting with representatives of national rapporteurs and equivalent mechanisms (A/HRC/26/37/Add.1), and reports following country vists cite collection and analysis of information and data on trafficking in persons as one of the most pressing issues faced. I will continue to build upon this work, and bring it forward.
Secondly, I have made partnership and cooperation a cornerstone of my working methods at the national, regional and international levels. I would like to take this opportunity to thank UNODC for its long standing cooperation with my mandate and for its key role in addressing trafficking in persons. I  am confident that I can count on a renewed partnership with UNODC to continue promoting the human rights and victim centered centered approach to eradicate trafficking in persons.

Thirdly, civil society plays a crucial role in the response to trafficking at national, regional and international levels. This is not an issue that can be solved – or even effectively addressed – by States alone. Civil society plays a key role in exposing human rights violations associated with trafficking; in raising awareness within the community; in assisting and supporting victims; and in holding Governments and others to account for failures to prevent trafficking, bring perpetrators to justice and protect victims. A strong partnership with CSOs is necessary if we are to effectively  address this scourge. In particular, NGOs must be considered not only service providers, but strategic partners in designing and implementing anti-trafficking policies.

I am also committed to continue consulting with and listening to victims, civil society and non-State actors including victim support organisations, workers unions and businesses. I am particularly aware of the critical role social partners can playnin this field, and I will do my best to find new ways to engage with them to prevent trafficking from occuring, especially in the supply chains.

I thank you all for your attention and I look forward to a fruitful dialogue and continued collaboration.