Background and Objective

The Special Rapporteur on trafficking in persons, especially women and children will devote her report to the 53th session of the Human Rights Council, in June 2023, to the access to international protection of victims of trafficking in persons or persons at risk of trafficking.

The report will analyze conceptual and procedural issues regarding access to international protection, as well as trafficking in persons for all purposes of exploitation as a form of persecution. She will also review challenges and gaps in the identification of victims of trafficking among refugees, asylum seekers and stateless persons, and vulnerabilities to trafficking for people fleeing to seek safety. Special attention will be given to the gender dimension, as well as specific challenges to access international protection to victims from LGBTQI+ communities, minorities, indigenous peoples, stateless persons, or victims persons with disabilities.

She will also analyse good practices at national level and will offer a set of recommendations to support the access of international protection to victims of trafficking and persons at risk of trafficking.

Reponses to the list of issues below would be greatly appreciated.

Other relevant information, not listed below, may also be included in your submissions.

Key questions and types of input/comments sought

• Access to international protection for victims of trafficking or persons at risk of trafficking for all purposes of exploitation: conceptual and procedural issues
• Promising practices at country or regional level, on ensuring effective access to protection for victims of trafficking who are refugees, asylum seekers or stateless persons
• Trafficking in persons for all purposes of exploitation as a form of persecution
• Trafficking in persons and the nexus with the definition of a refugee in international law
• Gendered inequalities in access to international protection for victims of trafficking
• Identification and protection of refugees, asylum seekers and stateless persons who are victims of trafficking: challenges and gaps
• Externalisation policies and the impact on trafficked persons or persons at risk of trafficking for all purposes of exploitation
• Non-refoulement obligations: application to risks of trafficking in persons
• Statelessness and the nexus with trafficking in persons for all purposes of exploitation
• Refugee and IDP camp management practices and policies to prevent trafficking in persons, identify, assist and protect trafficked persons
• Prevention of trafficking among refugees, IDPs and stateless persons in conflict situations
• Child protection and child trafficking among refugee, stateless persons and IDPs
• Detention and non-penalisation of refugee, asylum-seeker and stateless victims of trafficking
• Refugees, asylum seekers, IDPs or stateless persons with disabilities victims of trafficking or at risk of trafficking: prevention and protection gaps. 
• The rights of trafficked persons with disabilities in asylum and international protection procedures
• Specific protection gaps: access to international protection for LGBTQI+ victims of trafficking, minorities, indigenous peoples or stateless persons who are victims of trafficking
• Prevention of trafficking in persons among IDP, refugees, asylum seekers and stateless persons including, in particular:
  • Practical limitations in access to socio-economic rights (e.g. to education, labour market and decent work) and restrictions to freedom of movement for refugees, asylum seekers, and stateless persons, as factors exacerbating vulnerability to trafficking
  • Risk factors and vulnerabilities emerging when people flee to seek safety (including issues related to lack of protection services along the routes, challenges in provision of support to meet basic/essential needs
  • Practices in engaging host communities in preventing trafficking in persons

How inputs will be used

All submissions will be posted on the mandate’s website. Should you wish to maintain confidentiality of your submission, kindly clearly indicate it at the moment of submission.

For more on information on the Special Rapporteur on trafficking in persons, especially women and children and the activities of the mandate please click here.