Human Rights Council holds clustered interactive dialogue on transnational corporations and trafficking in persons

Human Rights Council
MORNING/MIDDAY

16 June 2015 

Concludes Clustered Interactive Dialogue on the Human Rights of Migrants and on Minority Issues

The Human Rights Council today held a clustered interactive dialogue with the Working Group on the issue of human rights and transnational corporations and other business enterprises, and the Special Rapporteur on trafficking in persons, especially women and children.  The Council also concluded its interactive dialogue with the Special Rapporteur on the human rights of migrants and the Special Rapporteur on minority issues.

Michael K. Addo, Chairperson and Rapporteur of the Working Group on transnational corporations and other businesses, said in opening remarks that global governance frameworks, which were meant to underpin sustainable development, had to be fully in line with international human rights standards.  This meant that the United Nations system and especially its Member States should play a key role in ensuring the alignment of business and human rights standards.  The year 2015 presented a historic opportunity for setting out the course for a more just, more equitable and more sustainable future for all.  It was therefore critical to ensure that recognition of the increased role of business in development was coupled with adequate accountability measures.

Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons, noted in opening remarks that Governments had an obligation to ensure policy coherence between anti-trafficking policies and migration and asylum policies, to exercise due diligence to identify, assist and protect actual and potential victims of trafficking in persons, as well as to provide access to justice and remedies.  Victims had to be considered first and foremost rights holders, entitled to assistance and protection regardless of whether perpetrators were identified, investigated or prosecuted.  The Special Rapporteur explained that she would pay particular attention to the prevention of trafficking, focusing on trafficking for labour exploitation. 

Azerbaijan and Malaysia spoke as concerned countries.  The Human Rights Commission of Malaysia also took the floor.

In the ensuing dialogue, speakers stressed that the only way to combat human trafficking was through cooperation and information sharing.  They agreed that trafficking not only had a criminal law aspect, but was also closely linked to human dignity and respect and protection of the human rights of victims.  The Special Rapporteur’s intention to continue to consult victims and to involve them in discharging the mandate was thus commended.  The private sector should also be involved in the combat against trafficking, through the creation of employment opportunities for victims, as social inclusion was a key factor for their successful rehabilitation.  Particular concern was voiced over women and girls becoming trafficking victims in the context of conflict and war.

Speakers welcomed the finding of the Working Group that more States were developing national plans based on the Guiding Principles on Business and Human Rights.  It was agreed that transnational corporations had an obligation to include due diligence principle in all their activities in order to improve accountability.  The Guiding Principles provided a blueprint for action and it was important to develop national legislation to create conditions for their implementation.  The Human Rights Council was asked to elaborate on how the Guiding Principles could be integrated in the post-2015 development agenda, stressing that the issues of transparency, accountability and remedy for human rights abuses linked to business practices were crucial for its implementation. 

In his concluding remarks, Mr. Addo said that there had been no formal response from the President of the World Bank to the letter which he and other mandate holders had written.  It was hoped that before the Summit on Sustainable Development Goals, States would be able to embed the Guiding Principles in their proposals.  It was important to recognize the rule of businesses, and it was time the Governments took leadership and provided guidance to other stakeholders, including businesses.  Mr. Addo stressed that 2015 should not be lost as an opportunity to embed the human rights agenda in the major documents, which were to be adopted this year.

The interactive dialogue on human rights and transnational corporations and other business enterprises, and on trafficking in persons will resume at 9 a.m. on Wednesday, 17 June, to hear from a number of non-governmental organizations as well as the concluding remarks by the Special Rapporteur on trafficking in persons.

States and organizations participating in the dialogue were: European Union, Belarus, Algeria, Pakistan on behalf of the Organization of Islamic Cooperation, Norway on behalf of  Argentina, Ghana, Russia and Norway, Switzerland, Republic of Moldova, Council of Europe, Paraguay, Israel, China, Ireland, Uruguay, Italy, Belgium, Namibia, France, Iran, Qatar, United Arab Emirates, Germany, Spain, Australia, Greece, Sierra Leone, Cuba, Mexico, Tunisia, South Africa, Saudi Arabia, Algeria, Venezuela, Indonesia, Netherlands, Ghana, United States, Ecuador, Philippines, Austria, Sudan, Tajikistan, International Organization for Migration, Portugal, Nigeria, Angola, Estonia, Botswana, Chile, Chad, Iraq, Honduras, Morocco, Sovereign Military Order of Malta, Fiji, Djibouti, Armenia, Egypt, Myanmar, Madagascar, Panama, El Salvador, and Bolivia.

Also taking the floor was the International Coordinating Committee of the National Human Rights Institutions, and Korea Centre for United Nations Human Rights Policy

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the human rights of migrants, François Crépeau, and with the Special Rapporteur on minority issues, Rita Izsák, which started on Monday, 15 June, in the evening and can been seen here.  Speakers stressed the need for a concerted approach by the international community in dealing with the issue of irregular migration, which should be part of broader south-north cooperation.  Respect for the human rights of migrants should be part of a global policy and appropriate measures, including the reform of border management policies, should be adopted to tackle the deeply rooted causes of migratory movements. As for the rights of Roma, speakers warned of low life expectancy rates among Roma, of local government decrees that were restricting the free choice of residence for Roma, and of the unfeasibility of the living conditions and vulnerability of Roma inhabitants living in segregated areas.

In concluding remarks, François Crépeau, Special Rapporteur on the human rights of migrants, noted that there was a need to distinguish between trafficking and smuggling.  Smuggling was a mobility service that was not always a human rights violation, unlike trafficking.  Governments needed to stop traffickers by outsmarting them and taking over their mobility market.  At the same time, they should consider detention as the measure of last resort, especially in the case of children. 

Rita Izsák, Special Rapporteur on minority issues, warned that the lack of mechanisms and institutions responsible for Roma could indeed push the Roma issue aside.  States therefore had an obligation to adopt relevant short- and long-term policies in order to create conditions for the integration of Roma in society, which had considerable economic benefits, as shown by studies.  Ms. Izsák also urged the United Nations to include more Roma staff in their teams in order to better assess their needs.

Speaking during the interactive dialogue were: Iran, Honduras, Latvia, Gabon, Egypt, Bangladesh, Syria, Congo, Morocco, Angola, South Africa, Ghana, United States, Slovakia, Malta, Benin, Nigeria, Hungary, El Salvador, Djibouti, Panama and Philippines.

The following national human rights institutions and civil society organizations also took the floor: Commissioner for Fundamental Rights of Hungary, Equality and Human Rights Commission, Conectas Diretos Humanos, Minority Rights Group, Save the Children International, Franciscans International, Edmund Rice International, Terre des Hommes Federation Internationale Lutheran World Federation, Jubilee Campaign, and Platform for International Cooperation on Undocumented Migrants. 

The Council is holding a full day of meetings today.  At 3 p.m., it will hold a panel discussion on realizing the equal enjoyment of the right to education by every girl.
 
Interactive Dialogue with the Special Rapporteurs on the Human Rights of Migrants and on Minority Issues

Iran called on European countries to address the death of migrants in the Mediterranean as a multi-dimensional and humanitarian issue and undertake all required measures.  On Roma, Europe should take more concrete steps to implement the recommendations in the report and ensure political will to do so.  Honduras agreed that the right to participate in all spheres of society was the basis for breaking cycles of stigma and discrimination.  Irregular migration was not a crime, it was a global phenomenon, which, when properly managed, provided benefits to the countries of origin and destination.  Latvia said May 2015 saw the introduction of the European Agenda on Migration, which tripled the capacity and assets for Frontex joint operations, as well as introduced an Action Plan against Migrant Smuggling and Guidelines on Fingerprinting.  Gabon said that it had been affected by illegal migration for decades.  This phenomenon provided fertile ground for trafficking.  Gabon had adopted many measures, including the creation of retention centres since 2010 in order to provide migrants with better conditions.

Egypt said migration had become more and more connected to hiring workers across borders, and should not be seen only as a result of humanitarian situations.  The current situation had led to a negative opinion of migrants, and this had to be addressed.  Bangladesh shared the concern that human rights issues related to migrants still persisted, and underlined the need to recognize that the issue of migrants went beyond the death of migrants at sea.  One important element of action was advancing the socio-economic situation of migrants.  Syria said illegal migration was on the rise in countries that sought to manage their borders, and said international stability required collective action.  Migration was tied to terrorism and trafficking.  It was important to address the root causes of this phenomenon.  Republic of Congo said the current mass migration from the developing world deserved attention, and underlined the necessity for a coordinated global response to its root causes, which meant giving the right to development greater attention.  The Republic of Congo also called for the better treatment of migrants.  

Morocco noted that the international community had to act responsibly and tackle the criminal networks that smuggled migrants.  The management of migratory flows in the Mediterranean should be part of the north-south cooperation, based on solidarity and shared responsibility.  Angola said the migration problem was a global concern, which required the attention of the international community.  Respect for the human rights of migrants should be part of a global policy and appropriate measures should be adopted to tackle the deeply rooted causes of migratory movements.  South Africa said that migration was not a choice, but a reality exacerbated by various factors.  The increasing number of migrants who perished in the Mediterranean Sea demonstrated that the root causes of migration required greater comprehension by the international community.  Ghana noted that every country had to ensure that migrants were treated as regular citizens, and should not be removed arbitrarily from the host country.  As for minority issues, it was the duty of States to protect minorities from discrimination.

United States thanked the Special Rapporteurs for their reports and remarks and welcomed the opportunity to discuss Romani issues in the United Nations, which were  priorities for the United States.  The United States was committed to the inclusion of all Roma people, wherever they called home.  Slovakia stated that the situation of Roma was a long-term priority for the Slovak Government.  Further efforts were required, but there were positive examples in the housing, health, and employment sectors.  Sovereign Military Order of Malta supported the protection of human rights, especially the right to life and to human dignity, of migrants in all situations and welcomed the report of the Special Rapporteur on the human rights of migrants.  Benin said that the tragedy of lives lost at sea that was seen on television was unbearable.  The numbers had been growing on a daily basis over the last few months.  Benin believed that urgent action was needed, nationally, regionally, and internationally.

Nigeria remained concerned about the deaths of migrants at sea, and noted with appreciation recent initiatives by the European Union on this issue, while stressing that more remained to be done.  Nigeria urged all States to treat all Roma people with a sense of equality and fairness.  Hungary said Roma populations faced severe discrimination and stigmatization in many regions, and underlined the crucial role of education on Roma culture and of improving their social integration.  Hungary presented a series of domestic measures in that regard.  El Salvador said international migration was a global issue that required long-term, effective and sustainable solutions.  El Salvador was particularly concerned about the protection of migrants, particularly women and children.  A balanced approach recognizing the responsibilities of countries of origin, destination and transit was needed.   Djibouti was particularly concerned about the increased human rights abuses against migrants, including xenophobia against migrants.  This needed to be combatted through coherent measures and inclusiveness.  

Panama reiterated its appeal to States to implement policies that guaranteed the rights of migrants because they had the right to fully enjoy their rights just like any other citizen.  Philippines welcomed the Special Rapporteur’s call that the European Union review its border management policies.   A consistent and comprehensive approach to the management of borders was key, and the Philippines called on the European Union to seriously consider the Rapporteur’s proposal.

Commissioner for Fundamental Rights of Hungary shared findings on the human rights situation of Roma worldwide, which also dealt with the issue of local government decrees restricting the free choice of residence for Roma, and the unfeasibility of the living conditions and vulnerability of Roma inhabitants who lived in segregated areas.  Equality and Human Rights Commission, in a joint statement, said that Roma had some of the worst outcomes of any group across a number of social indicators.  In the United Kingdom they were 20 times more likely to suffer the death of a child, and their suicide rate was three times higher than that of the rest of the population.  

Conectas Diretos Humanos, in a joint statement, said that two major challenges remained in Brazil, the first being the immigration law which was from the military dictatorship era.  The second challenge was that migrants retained in airport facilities were denied due process of law.  Minority Rights Group had long been documenting the Roma situation in all parts of the world and agreed with the report that underlined the vicious cycle of discrimination that Roma faced.  The challenges facing Roma were interrelated and mutually reinforcing.  An integrated approach to their resolution, including Roma participation, was crucial.  Save the Children said that while welcoming the European Union’s commitment and the Frontex operations Triton and Poseidon, a rights framework had to go beyond rescue and protection at sea.  The fight against smuggling and trafficking should not take precedence over humanitarian assistance.  Franciscans International, in a joint statement, expressed deep concern for the human rights situation of Rohingya migrants from Myanmar and other migrant groups from Bangladesh who tried to reach Thailand, Malaysia and Indonesia.  An estimated 200,000 Rohingya had sought refuge in Bangladesh, and several thousand remained at sea.

Edmund Rice International, in a joint statement, expressed concerns about the situation of asylum seekers in Australia, and in particular about children held in detention facilities.  Terre des Hommes Federation Internationale called for a specific set of measures tackling the specific vulnerability and needs of children and young migrants in Europe, and called on European States to accept that they had a shared responsibility vis à vis migration.  Lutheran World Federation called for the enhancement of knowledge on Roma culture and history, including during Holocaust remembrance events, and asked what role faith-based organizations could play to address this issue.  Jubilee Campaign raised concern about the lack of willingness of some countries to provide asylum to refugees from Eritrea, despite large-scale human rights violations and crimes against humanity there. 

Platform for International Cooperation on Undocumented Migrants noted that the great number of perished migrants in the Mediterranean proved that the international community lacked systematic and comprehensive policies that would manage migratory flows.  Iran was urged to ratify the International Convention on the Rights of Migrants, and to improve conditions for minorities, in particular Roma.  

Concluding Remarks

FRANÇOIS CRÉPEAU, Special Rapporteur on the human rights of migrants, in concluding remarks noted that migration was not a tragic event itself, but that it should be considered as a dignity searching journey.   As for the distinction between economic migrants and asylum seekers, he stressed that both groups deserved a do-no-harm approach.  More importantly, there was a need to distinguish between trafficking and smuggling.  Smuggling was a mobility service that was not always a human rights violation, unlike trafficking.  In the Mediterranean Sea the world was witnessing the cases of smuggling, which actually saved lives.  Governments needed to stop traffickers by outsmarting them and taking over their mobility market.  Detention should be considered as the measure of last resort, especially in the case of vulnerable groups such as children.  The debate on the root causes of irregular migration was important, including insufficient economic development and joblessness, leading to immediate mobility solutions.  However, the most directly impacted people should be associated with relevant policies.  Governments had to exercise political and moral leadership to create favourable conditions for integration and diversity, and to foster the participation of migrants in all aspects of social life.  Migrants should not be stuck in the global south, away from the eyes of the north.  The international community had to develop economies, collaborate in fighting trafficking, develop alternative mobility and migration options, and raise awareness on the dangers of irregular migration.  Governments should work with private actors to allow for better labour rights of migrants.  Mobility had to be facilitated in order to avoid underground employment, promote ethical recruitment practices, and allow migrants to organize themselves to defend their rights. 

RITA IZSÁK, Special Rapporteur on Minority Issues, in concluding remarks underlined that it was worrisome that the protection of minorities depended on individual political will.  The integration of minorities was well established in various international covenants, but it was also a matter of good governance.  There were economic benefits for the integration of Roma in society, as shown by studies.  Good policies and strategies required reliable information on the desires and challenges of the affected population, which could be easily acquired.  The adoption of relevant measures and policies had to be an obligation of States, with short- and long-term plans in place.  Ms. Izsák warned that if there were no mechanisms and institutions responsible for Roma, the Roma issue would indeed be pushed aside, so there should be monitoring and accountability of the ongoing Roma-related projects and programmes.  Very often they did not function well because of the lack of trust, as Roma did not have a state of their own and were very heavily stigmatized.  National political parties needed to reinforce messages of democracy and tolerance, as grass-root communities were often completely exposed to negative actions of local political leaders.  In order to allow for better implementation of Roma-related policies globally, the United Nations was urged to include more Roma staff in their teams in order to better assess their needs.

Documentation

The Council has before it the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises (A/HRC/29/28)

The Council has before it an addendum to the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises on the Mission to Azerbaijan (A/HRC/29/28/Add.1)

The Council has before it an addendum to the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises on the African Regional Forum on Business and Human Rights (A/HRC/29/28/Add.2)

The Council has before it an addendum to the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises concerning identifying emerging approaches and lessons learned in corporate respect for human rights: reflections from discussions held at the 2014 Forum on Business and Human Rights (A/HRC/29/28/Add.3)

The Council has before it an addendum to the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises (A/HRC/29/28/Add.4)

The Council has before it Note by the Secretariat on the Summary of discussions of the Forum on Business and Human Rights (A/HRC/29/29)


The Council has before it the report of the Special Rapporteur on trafficking in persons, especially women and children (A/HRC/29/38)

The Council has before it an addendum to the report of the Special Rapporteur on trafficking in persons, especially women and children on the Mission to Malaysia (A/HRC/29/38/Add.1)

The Council has before it an addendum to the report of the Special Rapporteur on trafficking in persons, especially women and children on the Second consultative meeting on strengthening partnerships with national rapporteurs on trafficking in persons and equivalent mechanisms (A/HRC/29/38/Add.2)

Presentation of Reports by the Working Group on Human Rights and Transnational Corporations and the Special Rapporteur on Trafficking in Persons

MICHAEL K. ADDO, Chairperson of the Working Group on the issue of human rights and transnational corporations and other business enterprises, presented the main report of the Working Group and three addendum reports which included observations and recommendations from a country visit to Azerbaijan in August 2014; the report of the African Regional Forum on Business and Human Rights  held in September 2014; and a report reflecting examples of practical experiences presented during the annual Forum on Business and Human Rights in December.  The main report sought to identify opportunities to strengthen accountability and coherence in global frameworks in support of sustainable development in the coming decades.  Global governance frameworks meant to underpin sustainable development had to be fully in line with international human rights standards.  This meant ensuring alignment with standards on business and human rights.  The United Nations system and especially its Member States had a key role to play in ensuring such alignment given the fact that many key processes were Member State driven.  The year 2015 presented a historic opportunity for setting out the course for a more just, more equitable and more sustainable future for all. 

Two fundamental aspects were critical in this regard.  Firstly, ensuring accountability for actors that had the capacity to affect sustainable development; and secondly, ensuring that frameworks and policies at all levels were aligned with international human rights standards.  The emerging post-2015 framework recognized the positive role of businesses in the development process but not so much that business activities could also negatively affect the enjoyment of human rights.  It was therefore critical to ensure that recognition of the increased role of business in development was coupled with adequate accountability measures.  Achieving effective accountability would require coordinated and conversing approaches across global governance frameworks with a “business nexus” to ensure alignment with human rights standards.  A unique opportunity for achieving such alignment was provided by the Guiding Principles on Business and Human Rights that were unanimously endorsed by the Council in 2011.  The report identified efforts within the United Nations system that contributed towards scaling up implementation of the Guiding Principles.  The United Nations as a whole was lagging behind many other actors in advancing the Guiding Principles.  The most fundamental challenge addressed in the report was that of achieving policy coherence by States, especially in the context of State-driven processes at the United Nations.  The Working Group hoped that the Guiding Principles would be adequately reflected in the final commitments by States.

MARIA GRAZIA GIAMMARINARO, Special Rapporteur on trafficking in persons, especially women and children, presenting her thematic priorities for her mandate, said one of the priorities of her mandate was first of all the link between trafficking and migration and the link between conflict, post conflict and crisis situations and trafficking.  A realistic approach suggested that all migrants were trafficked, although a significant number of migrants were not recognized as such by national authorities.  Moreover, a much greater portion of migrants were at risk of trafficking as a consequence of conflict, human rights violations or poverty.  Trafficking in persons was an umbrella concept that encompassed different forms of human rights violations.  The key element was exploitation because of social vulnerability.  Increasingly restrictive immigration policies, insufficient channels for regular migration and lack of regular access to labour markets for migrants contributed to an increase in their exploitation.  Governments had an obligation to ensure policy coherence between anti-trafficking policies and migration and asylum policies, to exercise due diligence to identify, assist and protect actual and potential victims of trafficking in persons as well as to provide access to justice and remedies. 

The Special Rapporteur also explained that during her mandate, she would pay particular attention to the prevention of trafficking, with a particular focus on trafficking for labour exploitation.  She would adopt an inclusive and holistic approach to preventing and combatting trafficking through addressing the root causes of vulnerability.  In addition, she intended to analyse laws, policies and practices around the world and take stock of promising practices and lessons learned on assistance to victims of trafficking.  Victims had to be considered first and foremost rights holders, entitled to assistance and protection regardless of whether perpetrators were identified, investigated or prosecuted.  She expressed her commitment to closely engage with all stakeholders, including civil society organizations and the private sector, to address trafficking effectively.  With regard to her recent visit to Malaysia, the Special Rapporteur welcomed the Government’s commitment to combat trafficking , and pointed at remaining challenges, including the focus on sexual trafficking and the neglect of other forms of exploitation and the restrictive national immigration policy focused on rapid deportation of irregular migrants.  

Statements by Concerned Countries
Azerbaijan, speaking as a concerned country, thanked the Working Group on human rights and transnational corporations for its visit, adding that it did not agree with all of its findings but it appreciated its recommendations.  There were a number of laws and programmes adopted in Azerbaijan, including the 2022 National Action Plan for the protection and promotion of human rights and freedoms, which was in line with the United Nations Guiding Principles on Business and Human Rights.  The National Plan looked to promote better working conditions and equal opportunities, especially for women, to reduce poverty and stimulate economic growth.  However, the country faced difficulties in resolving the situation facing internally displaced persons and refugees as the result of the conflict in Nagorno-Karabakh.  The unresolved conflict presented one of the greatest challenges for Azerbaijan.  It was noted that representatives of civil society organizations had their rights and freedoms guaranteed.  Only persons suspected of having committed crimes could be subjected to criminal investigations.  The development of civil society was in the country’s focus.  Nevertheless, financial discipline and transparency in the activities of civil society organizations had to be enforced in line with relevant regulations, in order to prevent the financing of terrorism.

Malaysia, speaking as a concerned country, expressed full commitment to the protection and promotion of human rights.  The Government would duly consider the report of the Special Rapporteur and all its recommendations.  Trafficking of persons was a real threat to the full enjoyment of human rights and it required extensive coordination of all government bodies.  The Government had thus promoted the anti-trafficking national body to ministerial level.  It had also promulgated amendments to the anti-trafficking act of 2007, and undertaken measures that involved domestic and international cooperation.  The Government acknowledged the challenge to make the mechanism more effective, especially in relation to the link between migration and labour processes.  The newly proposed amendment would allow for greater participation of non-governmental organizations and trafficking victims in the development of relevant policies, and it would provide for better movement of victims.

Human Rights Commission of Malaysia said that the Government’s work on anti-trafficking in persons and anti-smuggling was commendable.  Over 100 grave sites were a testament of the gravity of the human trafficking situation in the country.  The interrelatedness of migrant smuggling and human trafficking had to be recognized.  Underlying issues also had to be recognized, namely on the status of the Rohingya. 

Interactive Dialogue with the Working Group on Human Rights and Transnational Corporations and the Special Rapporteur on Trafficking in Persons

European Union stressed the need to expedite the implementation of the Guiding Principles and provide justice to those suffering from human rights violations.  It inquired whether the Working Group had found a better way to measure implementation of the Guiding Principles.  On trafficking, the European Union had built a comprehensive and far-seeking legal and policy framework to tackle it.  Belarus, speaking on behalf of the Geneva Group of Friends United Against Human Trafficking, agreed with the report which stressed the complex and interrelated problem of human trafficking, and which highlighted the importance of the three-step action plan of prevention, prosecution, and protection of victims.  Algeria, on behalf of the African Group, said that the rising role of corporations in social and economic development meant that there had to be more accountability.  The African Group had made the fight against people trafficking a priority on its agenda.  Pakistan said extraterritorial accountability remained a serious challenge for the implementation of the Guiding Principles.  Pakistan did not believe in a one size fits all resolution.

Norway, speaking on behalf of Argentina, Ghana, Russia and Norway, welcomed the growing number of companies taking steps to implement the Guiding Principles, and the development of national action plans for their implementation by several States.  The need for the application of human rights in the business sphere was still enormous and needed to be closed.  Switzerland shared the analysis of the continuing gaps in translating States' political commitment to the Guiding Principles into true protection of human rights on a global level.  Switzerland believed that it was vital to develop new methods of fighting trafficking in persons in crisis and for this the role of the Special Rapporteur was indispensable.  Republic of Moldova concurred that the protection of victims of trafficking was not dependent on their cooperation with criminal justice and asked about the research on new and emerging forms of trafficking, particularly in crises.  Council of Europe said that the Group of Experts against Trafficking in Human Beings, in charge of reviewing the implementation of the Anti-Trafficking Convention, had found that many victims of trafficking in Europe were migrants and that trafficking for purposes of labour exploitation was on the rise. 

Paraguay shared the Special Rapporteur’s view that human trafficking was a serious issue, and asked whether synergies with other working groups could be established in order to address this issue.  Paraguay had prepared a law that would punish persons for any form of trafficking and would hand down stricter sentences for the trafficking of children.  Israel stressed that the only way to combat trafficking was through cooperation and information sharing.  The private sector should also be involved, for example in creating employment opportunities for victims of trafficking.  Social inclusion was a key factor for the successful rehabilitation for trafficking victims.  China said it paid great attention to corporate social responsibility and that it actively encouraged adequate institutional and legislative building.  It suggested that developed countries should provide assistance to developing countries in order to promote corporal social responsibility.  Ireland strongly welcomed the finding of the Working Group that more States were developing national plans based on the United Nations Guiding Principles on Business and Human Rights.  Ireland was in the advanced stage of developing its own national plan.

Uruguay said it had opened fruitful channels of communication with the Special Rapporteur on trafficking in persons and had improved data collection which allowed it to better understand the problems in the country, and was currently drafting a national action plan to combat trafficking in persons.  Italy said it had been at the forefront of fighting trafficking in persons since 1998 and asked the Special Rapporteur how to prevent trafficking in persons in all its forms.  Italy also asked about the impact of the Guiding Principles on the post-2015 development agenda and the involvement of small and medium enterprises in the discussions on business guiding principles.  Belgium said it was finalizing its third National Action Plan to Combat Trafficking in Human Beings and asked the Special Rapporteur about cooperation between regional organizations, particularly the Council of Europe and the Organization for Security and Cooperation in Europe.  Namibia said that there was a massive lack of awareness of the Guiding Principles and lack of action or active implementation at actual operating levels by transnational corporations and other business enterprises, as well as States.  Quite a number of developing States with weaker legal systems lacked the full capacity to do so, which called for greater efforts and targeted capacity building.

France said it had an action plan in place to put the Guiding Principles in practice and supported the project “Responsibility and reparation” launched by the High Commissioner in November 2014.  In order to put an end to the tragic situation with Mediterranean migrants today, root causes in the countries of origin and transit had to be addressed.  Iran said that the root causes of the recent trends of trafficking could be found in armed conflict, humanitarian crises, poverty, and lack of access to health care and racial discrimination.  The current international system was failing in integrating human rights in the areas of trade and economic governance.  Qatar believed that a national, open-ended working group on human rights was trying to raise awareness of the importance of protecting human rights in business.  Qatar stressed the continued importance it attached to that subject.  The best interests of children ought to be taken into consideration when addressing trafficking of persons.  United Arab Emirates stated that there were large numbers of workers with contracts in the country.  In order to fight trafficking, the multi-faceted approach by the United Arab Emirates included prevention, pursuing legal processes, punishment, protecting the victims and enhancing international cooperation.

Germany said that trafficking not only had a criminal law aspect, but was also closely linked to human dignity and the respect and protection of the human rights of victims.  It commended the Special Rapporteur’s intention to continue to consult victims and to involve them in discharging the mandate.   Spain reiterated its commitment to the United Nations Guiding Principles on Business and Human Rights and asked how the Human Rights Council could help integrate those principles in the post-2015 development agenda.  It also shared concern over women and girls becoming trafficking victims in the context of conflict and war.  Australia regarded the trafficking of persons as a serious crime and grave abuse of human rights.  Its National Action Plan provided a strategic framework for its ongoing response to human trafficking, and the country would continue to provide holistic and victim centred support.  Greece fully supported the United Nations Guiding Principles on Business and  human rights, and aimed to develop solid practices of corporate responsibility.  As for trafficking, it attached great importance to the issue of identification, protection and support for victims in various forms.

Sierra Leone believed that transnational corporations had an obligation to include the due diligence principle in all their activities in order to improve accountability.  The Guiding Principles provided a blueprint for action and it was important to develop national legislation to create conditions for their implementation.  Cuba shared the concern about difficulties in making progress on access to reparations for victims of human rights violations linked to business practices and therefore the legally binding instrument on corporations and human rights was needed.  Cuba had a zero tolerance policy towards the crime of trafficking in persons and had put accent to punishing perpetrators and providing protection to victims.  Mexico was currently examining how to extend public policies on corporations and human rights and believed that the issues of transparency, accountability and remedy for human rights abuses linked to business practices were crucial for the implementation of the Guiding Principles.  Tunisia agreed that the Guiding Principles were increasingly held as international standards and regretted that major organizations paid little or no attention to the Guiding Principles.  Tunisia had presented a bill on combatting treaty bodies which included the major pillars of the national strategy on the subject and stipulated the creation of a body to combat trafficking in persons.

South Africa firmly believed that the international community could not remain complacent with a situation, whereby corporate social responsibility initiatives which were voluntary became the norm.  In fighting trafficking in persons, more work needed to be done on prevention.  Saudi Arabia said that Islamic law prohibited trafficking in persons.  Saudi Arabia had signed additional protocols to the Palermo Convention, which prohibited all forms of trafficking and removal of organs, inter alia.  Algeria said it supported the preventive approaches in fighting the scourge of trafficking in persons.  All countries in all regions were affected by that phenomenon.  Algeria, as a transit country, had taken steps to stop kidnappings of children and trafficking in organs.

Response

MICHAEL K. ADDO, Chairperson and Rapporteur of the Working Group on Transnational Corporations and Other Businesses, commended national Governments for their efforts to implement the Guiding Principles.  As for the issue of measuring the implementation of the Guiding Principles, he said that common benchmarks and indicators had to be established to that end.  Addressing the question on whether the Guiding Principles were binding, he explained that all of those obligations were drawn from legally binding treaty obligations.  Businesses would ensure through due diligence avoidance of human rights violations.  In that sense it was expected that States would come up with laws and regulations that would require businesses to uphold human rights.  The entire Guiding Principles, however, could not be claimed to be entirely legally binding.  The Working Group was already engaged with a number of specialized agencies, and it intended at its session in September 2015 to arrange meetings with parts of the United Nations to expand its working relationships.  The Working Group was focused on the post-2015 development agenda, where the United Nations Development Programme would play an important role in embedding human rights in all development programmes.   It was willing to work with relevant inter-governmental groups. 

MARIA GRAZIA GIAMMARINARO, Special Rapporteur on trafficking in persons, especially women and children, said that all Governments should be aware that anti-trafficking actions could result in further violations of the human rights of victims and that the practice of closed shelters should be abandoned.  The practice of pushing back people was contrary to international obligations of States and it denied the possibility to victims of trafficking to claim benefits as victims.  No country could deal with the issue of mixed migration flows individually and international cooperation in this regard was absolutely necessary.  From the existing reports it was known that trafficking was always a systemic component of crisis situations: people were trafficked out of conflict areas in search for safety but due to extreme vulnerability it was easy to fall prey to traffickers.  There were also cases of people being trafficked into conflict areas, for example for purposes of labour exploitation in a slavery-like manner.  Women and girls were kidnapped by the Islamic State and Boko Haram, and were probably sold in prostitution or given as wives to fighters.  Children were enlisted in armed groups, and early and forced marriages were means to traffic girls and make money.  It was also known that armed groups in border areas made money by selling minors and women.

In terms of next steps, it was essential first to validate information and build a solid information background; to determine vulnerability profiles in conflict and post-conflict situations and natural disasters; and to give guidance to field operations and Governments to better deal with trafficking by adopting a genuine human rights based approach.  In terms of prevention, it must be borne in mind that trafficking for sexual exploitation was different from other forms of trafficking, in terms of actors, methods and stakeholders.  There was a need to build on existing efforts and institutions and construct more ample lists of anti-trafficking actions.  There were three key issues concerning the role of transnational corporations in anti-trafficking: how to involve transnational corporations in an effective action to implement existing codes of conduct and self-regulatory instruments; how to involve small and medium enterprises; and the role of the State in encouraging businesses to take action in this field.

Interactive Dialogue with the Working Group on Human Rights and Transnational Corporations and the Special Rapporteur on Trafficking in Persons

Venezuela shared concerns on the process of making remedies accessible to the victims of trafficking.  Victims should be involved in the meetings of the Working Group. Venezuela believed that it was urgently needed to address trafficking in persons in cooperation with the United Nations human rights mechanisms, with the human rights of victims in the forefront.  Indonesia said that trafficking in persons could not be examined in isolation from the broader socio-economic realities that were driving it.  The underlying causes ought to be addressed in parallel with concerted efforts to combat trafficking.  Indonesia stressed that adequate focus should be placed on prevention aspects.  Netherlands said that business and human rights was a priority of its human rights policy.  It was essential for national governments to take ownership and responsibility for that topic, which was why the Netherlands had been one of the first in the world to adopt a National Action Plan for the implementation of the Guiding Principles.  Ghana supported strengthening a legal regime for effective legal remedies for victims of grave human rights abuses.  When there were violations affecting the environment such as water bodies, Governments had to intervene to ensure that the affected communities obtained effective remedies.  Ghana viewed trafficking as a form of slavery. 

United States noted its continued support for the Guiding Principles on Business and Human Rights, but remained concerned that the issue was being addressed by an intergovernmental working group which would unduly polarize the issue.  Greater global attention was needed to address the forced labour side of human trafficking.  Ecuador said it had specific programmes for combatting trafficking and smuggling, including support for victims.  Exploitation relating to sexual exploitation, forced marriage and begging were all covered in the Ecuadorian justice system.  Philippines welcomed the Special Rapporteur on human trafficking’s identified priorities and focus on women and children.  Human trafficking required concerted action by the entire international community.  Austria underlined the importance of access to effective remedy for victims of trafficking, and asked for advice on how to build migration policies that properly addressed and prevented trafficking.  Sudan said trafficking in persons transcended barriers and borders, and pointed to the importance of regional and trans-regional cooperation.  Sudan asked the Special Rapporteur what role she could play to protect victims. 

Tajikistan was targeting measures to prevent and combat trafficking in persons.  The labour services were conducting assessment of illegal employment, including that of minors.  Laws had been adopted to cut activities of transnational organized crime, which was why Tajikistan had been taken off the list of affected countries.  International Organization for Migration considered the issue of trafficking particularly relevant and was exploring the link between trafficking, natural disasters and conflicts.  Forms of exploitation existing before crises tended to get exacerbated once crises occurred.  Portugal said that human trafficking encompassed a wide range of human rights violations.  As a party to the Palermo Protocol, Portugal had been implementing national action plans since 2007.  Victims should be at the centre of any measures taken to combat trafficking.  Nigeria was disturbed by the growing number of children trafficked around the globe, particularly girls, who were frequently forced into sexual slavery.  The human rights of victims of trafficking should be placed at the centre of efforts to combat trafficking.  Nigerian legislation contained very strong victim protection clauses.

Angola said that trafficking was a transnational and complex problem which, together with drugs and arms trafficking, was considered to be one of the world’s most profitable criminal practices.  Conditions must be created for the implementation of international treaties to address migration in conflict and crisis situations, in particular the Palermo Protocol.  Estonia was committed to combatting trafficking though regional and international cooperation and agreed that more attention needed to be paid to preventing trafficking and identifying and punishing perpetrators.  Botswana agreed that the problem of trafficking in persons had been worsened by global inequality, discrimination and migration and that violent conflict and humanitarian crises were fertile grounds for trafficking.  Despite the progress, many challenges remained and Botswana noted the Special Rapporteur’s agenda in addressing the human rights of victims of trafficking in persons.  Chile stressed that in order to eradicate trafficking in persons, it was important to strengthen bilateral cooperation and the capacity of countries to dismantle criminal organizations and protect human rights of victims.  Chile welcomed the proposal for the more robust inclusion of the Guiding Principles in the post-2015 development agenda, adding that progress on the Guiding Principles would improve protection standards for the human rights violations committed by enterprises.

Chad presented its domestic progress to combat human trafficking, including a national plan to combat trafficking in persons, in collaboration with international partners and other stakeholders.  Chad insisted on the importance of synergy.  Iraq explained what measures it had taken to combat human trafficking and protect the victims.  The occupation by ISIS had led to the death of thousands of persons belonging to minorities, and ISIS was responsible for large-scale trafficking.  Honduras welcomed the conclusions of the Working Group on transnational corporations and human rights and would continue to follow this topic.  Honduras considered trafficking as one of the worst forms of human rights violations, and supported the importance of linking this with social development and migration.  Morocco expressed support for the efforts by the Working Group on transnational corporations to promote the Guiding Principles on Business and Human Rights, and underlined the importance of awareness raising on this issue at the national level.  Morocco shared the view of the Special Rapporteur that trafficking should be addressed in the light of other socio-economic factors. 

Sovereign Military Order of Malta believed that the role played by faith-based organizations in fighting human trafficking ought to be emphasized.  Suffering needed to be alleviated by lifting people out of poverty, which would in turn contribute to the prevention of trafficking.  Fiji had criminalized human trafficking in 2009, and had identified two vulnerable groups – children and sex workers.  Families might force their children into exploitative work in order to survive.  Sex work was criminal in most countries, which was why it was sometimes difficult for the police and judiciary to recognize that the sex worker was not an offender but a victim.  Djibouti valued embedding human rights considerations into the overall struggle against trafficking in human beings.  Djibouti supported the work of the Working Group on human rights and transnational corporations.  Armenia regretted that the report on business and human rights went outside of the mandate and mentioned issues related to the conflict in Nagorno-Karabakh.  The Minsk Group was the only internationally mandated group dealing with the resolution of that conflict. 

Egypt said that the Guiding Principles were guided by legal norms and standards; they provided a helpful platform for engagement between Governments and business and for defining the framework of their respective responsibilities.  On trafficking in persons, Egypt said that it was an expanding phenomenon and a lucrative crime.  Myanmar objected to the terminology used in the report on trafficking in persons saying that the term “Rohingya from Myanmar” was not correct and that that category of persons was non-existent in the country.  Myanmar was making significant efforts in the prevention of smuggling and illegal migration.  Madagascar had adopted a law on anti-trafficking in 2014, established the National Bureau to Combat Trafficking in Persons, and developed a national plan of action.  Since 2012, the Ministry of Justice had been conducting training on the application of legal norms and the Guiding Principles for its staff, civil society and businesses.  Panama congratulated the Special Rapporteur on trafficking in persons on the identification of outstanding challenges to tackle the issue, including poverty and transnational organized crime.  More than 80 per cent of trafficking was for sexual purposes and the great majority were women and girls.  Victims of trafficking must be treated as victims of human rights violations and not irregular migrants.

El Salvador said trafficking in persons and smuggling migrants had similar features, and insisted on the necessity for an international alliance to combat international trafficking.  El Salvador had national policies to combat and prevent trafficking in persona, and believed it was timely that countries provided special attention to the rights of victims.  Bolivia welcomed progress made for the implementation of the Guiding Principles on Business and Human Rights, but regretted that gaps remained.  Bolivia underlined the necessity to act in the field of access to water and child labour, and reiterated its support to the adoption of a legally binding instrument. 

International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, in a video statement, encouraged all States to step up their efforts to meet their respective duties under the Guiding Principles and  called for the elaboration of a legally binding instrument on business and human rights. 

Korea Centre for United Nations Human Rights Policy regretted that there were no policies in the Republic of Korea to regulate the activities of transnational corporations and their human rights impact.  It also regretted that the Republic of Korea had not taken measures to effectively prevent trafficking. 

Concluding Remarks

MICHAEL ADDO, Chairperson and Rapporteur of the Working Group on the issue of human rights and transnational corporations and other business enterprises, in his concluding remarks, said that there had been no formal response from the President of the World Bank to the letter which he and other mandate holders had written.  States could help the process in a whole variety of ways, for example like the Netherlands had, which was helping the Working Group financially.  It was hoped that before the Summit on Sustainable Development Goals, States would be able to embed those principles in their proposals.  The world was at a crossroads this year, when it needed to decide on which steps towards the future it would take.  It was important to recognize the rule of businesses, and it was time that Governments took leadership and provided guidance to other stakeholders, including businesses.  Mr. Addo stressed that 2015 should not be lost as an opportunity to embed the human rights agenda in the major documents, which were to be adopted.  States and other stakeholders were invited to share their thoughts and best practices at a forum in November.  Answering a comment from Armenia, Mr. Addo explained that the language referring to Nagorno-Karabakh used in the report stemmed from the General Resolution 62/243 (2008).
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