Human Rights Council concludes Interactive dialogue with the Special Rapporteur on Trafficking in Persons

Human Rights Council
MORNING

12 June 2017

The Human Rights Council this morning concluded its interactive dialogue with Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons, especially women and children. 

In the discussion, several delegations commented on the issue of voluntary standards for businesses, with some stating that it was not enough for standards to be voluntary.  The role of States in elaborating normative frameworks to protect workers was also underscored.  Businesses in receiving countries of labour should play an important role in addressing trafficking in supply chains.  Trafficking was also a particular problem in conflict areas, it was noted.  Regarding the particular situation of children, speakers underscored that they could be at serious risk working in smaller informal enterprises, or trafficked because of economic pressures due to low wages and poor living conditions.

In her closing remarks, Ms. Giammarinaro underlined that the exploitation of child labour and trafficking of migrant children were particularly difficult to detect and audit, and as such they should be one of the main concerns of her mandate.  Her approach was a cooperative one and she valued the actions undertaken by the business community to establish voluntary standards.  However, voluntary standards alone could not change the business model.  States should strengthen their legal frameworks to ensure the full application of voluntary standards and to protect workers’ rights.  The integration of workers’ voices in the setting up of voluntary standards and the monitoring of their implementation was still an area of concern, as well as establishing effective remedies for victims of trafficking.    

Ms. Giammarinaro presented her reports on Friday, 9 June, and a summary of her comments can be found here.   

Speaking this morning were Pakistan on behalf of the Organization of Islamic Cooperation, Belarus on behalf of the Geneva Group of Friends United against Trafficking, European Union, Tunisia on behalf of the African Group, Viet Nam, Malaysia, Montenegro,  Greece, Maldives, United Nations Children’s Fund, Italy, Russian Federation, Cuba, Saudi Arabia, Spain, Belgium, Germany, Australia,  El Salvador, Sudan, Argentina, Ethiopia, Pakistan, Venezuela, Brazil, France, China, Egypt, Sweden, Colombia, Thailand, Latvia, Bahrain, Mali, South Africa, Israel, Tunisia, Ecuador, Bosnia and Herzegovina, Iraq, Georgia, Republic of Korea, Nigeria, Bolivia, United Kingdom, Bulgaria, Botswana, Seychelles, Azerbaijan, Indonesia, Council of Europe, The Gambia, Libya, Uruguay and Philippines.

The following non-governmental organizations also spoke: Caritas Internationalis, Iraqi Development Organization, Dominicans for Justice and Peace, United Nations Watch, Lawyers’ Rights Watch Canada, World Barua Organization, International-Lawyers.org, and Organisation Internationale pour le Développement Intégral de la Femme.

The Council will next hold a clustered interactive dialogue with the Special Rapporteur on the independence of judges and lawyers, and with the Special Rapporteur on violence against women. 

 
Interactive Dialogue on Trafficking in Persons, Especially Women and Children

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, thanked the Special Rapporteur and noted that trafficking and forced labour were human rights violations which were dealt with by several international instruments.  Considering that the worst affected victims were women and children, it was noted that human dignity was of prime importance.  Belarus, speaking on behalf of the Geneva Group of Friends United against Trafficking, welcomed the information on the country visits taken by the Special Rapporteur, and took note of the report which focused on addressing trafficking and supply chains.  Transnational corporations should comply with international human rights laws and standards to fight trafficking.  European Union said voluntary standards among multi-stakeholder initiatives and businesses were not sufficient to transform business processes, and asked the Special Rapporteur to elaborate on her recommendations that platforms should be established to encourage knowledge-sharing activities with multi-stakeholder initiatives. 

Tunisia, speaking on behalf of the African Group, said States must guarantee normative frameworks to protect workers and place expectations on enterprises.  But shortcomings in justice systems were factors which hampered efforts to combat trafficking, and the Working Group should consider ways of empowering victims.  Viet Nam said more comprehensive international cooperation involving various stakeholders needed to be strengthened, for example, in targeting the demands of the sex industry.  Businesses in receiving countries of labour should play an important role in addressing trafficking in supply chains.  Malaysia asked the Special Rapporteur to elaborate on efforts to create a better understanding of the technical aspects of establishing voluntary standards and building a code of conduct for businesses.  She was also asked to say more on the topic of what should be priority targets of campaigns to sensitize businesses and other industries to the issue of human trafficking. 

Montenegro emphasized the importance of identifying risk practices and ensuring trafficking-free supply chains, which was why it had developed the list of indicators for early identification of the trafficking victims, including victims of labour exploitation.   Greece stated that trafficking continued to remain problematic, especially in conflict areas, noting that multi-stakeholder initiatives should be involved in fighting trafficking through the exchange of good practices.  Maldives welcomed the Council’s continuing attention to trafficking in persons, which was an area of special importance for Maldives as it hosted a large number of migrant workers.  United Nations Children’s Fund reminded that the greatest risks of child trafficking were often in the deeper supply chain, which was the most difficult to audit.  Children could be at serious risk working in smaller informal enterprises, or trafficked because of economic pressures due to low wages and poor living conditions. 

Italy said that in the implementation of its Action Pan on human trafficking, it was guided by prevention, victim protection, anti-discrimination measures, strengthened law enforcement, and judicial cooperation.  Russian Federation stated that the Special Rapporteur’s report was multidisciplinary in nature and thus intertwined with other mandates, which should play a lead role in those issues.  It would be more effective to carry out an analysis of multilateral coalitions on human trafficking.  Cuba agreed with the Special Rapporteur that workers had to be included as an alternative source of information on companies’ compliance with risk assessment regarding human trafficking.   Saudi Arabia said that it had established coordination among all stakeholders in order to counter human trafficking, in addition to adopting a number of laws and ratifying international conventions on forced labour.

Spain thanked the Special Rapporteur for her report, agreeing that trafficking for exploitation was a crime that needed to be tackled by all stakeholders.  Joint measures among States were crucial for combatting trafficking.  Belgium asked if the Special Rapporteur was planning any joint activities with the Special Rapporteur on contemporary forms of slavery, as both mandates were addressing supply chains.  How could an equal playing field be ensured if all States did not adhere to international standards?  Germany asked the Special Rapporteur to elaborate on her report’s recommendation for cooperation activities between States and multi-stakeholder initiatives to combat trafficking.  She was also asked to highlight examples of best practices to ensure workers had rapid and affordable access to remedy to address alleged abuses in recruitment and employment. 

Australia said it was deeply opposed to trafficking in persons and modern slavery as grave abuses of human rights, and had strong policies in place to combat them.  A Parliamentary Committee was currently inquiring into whether Australia should establish legislation similar to the United Kingdom’s Modern Slavery Act.  El Salvador said trafficking turned the human being into chattel on the market, and allowed criminal networks to profit.  The international community should combat the scourge through international instruments such as the International Covenant on Civil and Political Rights; there also needed to be a binding instrument to work hand in hand with the Guiding Principles on Business and Human Rights.  Sudan said it was a transit country for the crime of trafficking, and had taken many measures to combat that at the national, regional and international levels.  Sudan had also worked through a national committee to combat human trafficking, and the international community needed to work together.

Argentina recalled that a key law had been adopted in 2008 in order reinforce the existing legal framework for preventing human trafficking and providing support to victims and witnesses.  A national action plan had also been adopted and as a result 10,000 women had been rescued from situations of human trafficking.  Ethiopia highlighted the need to implement more effective laws in order to control the activities of enterprises.  The complementarity of business initiatives and government laws must be assured.  Efforts were being carried out in order to compensate the lack of legal channels of migration.  Pakistan said that forced labour posed a major challenge to the protection of human rights.  The rights of migrant workers needed to be protected by States, particularly in cases of exploitation.  Pakistan was committed to fight against trafficking in women for prostitution at the regional level.  

Venezuela welcomed the report of the Special Rapporteur that drew links between trafficking in persons and the factors behind it.  Venezuela provided information to citizens at the national level in order to alert all groups about the implications of smuggling.  The legal framework was being reinforced to fight and sanction criminals.  Brazil wished to further promote legal channels of migration in order to avoid trafficking in persons.  All forms of exploitation needed to be taken into account such as forced labour and illegal adoption.  Brazil was considering the possibility of granting resident permits to victims regardless of their migration status.  France said that combatting human trafficking was one of its priorities.  Any measures related to that subject should particularly stress providing support to victims.  There was a need to promote the implication of economic actors and subcontractors in the identification risks of human trafficking.
 
China stated that it resolutely fought human trafficking and that it had established an inter-ministerial task force to that end.  Pursuant to its 2013-2020 national action plan, it would focus on missing children.  Egypt said it had enacted new laws and had amended the Constitution to combat trafficking in persons.  It had also set up a coordination committee for that purpose, and it had acceded to relevant international conventions.  Sweden asked the Special Rapporteur to elaborate on the need for a special annual report on countries’ activities to reduce demand for the exploitation of people, and on the need for a follow-up mechanism linked to international human trafficking instruments.  Colombia stated that its Constitution prohibited all forms of forced labour and slavery.  Despite actions for awareness raising and prevention, Colombia unfortunately remained a country of origin, transit and destination for human trafficking, especially for sexual exploitation. 

Thailand noted it had strengthened the collaboration between Government agencies, businesses and civil society actors to combat trafficking, child labour and forced labour.  How could small and medium-sized businesses improve their capacities in combatting human trafficking?   Latvia agreed that strengthening of standards was necessary to reduce the vulnerability of workers to trafficking in supply chains.  How could States ensure more effective access to grievance and dispute settlement mechanisms for victims of trafficking? 

Bahrain said trafficking was a dangerous transnational crime which violated all morals and human rights laws and was also inconsistent with Islamic Sharia. Bahrain’s efforts in combatting that phenomenon were characterized by protecting victims and offering social and psychological follow-up.  Mali said that because of its geographic position and the vastness of its territory, Mali was a country of transit for traffickers and smugglers, who were members of extremist groups.  To combat trafficking in persons, Mali’s Government had launched a national action plan which had a substantial budget.  South Africa said human trafficking was modern-day slavery, and expressed agreement with the Special Rapporteur’s report that voluntary standards were not enough to transform business models.  There was a need to guarantee normative frameworks on the basis of international standards. 

Israel said it had worked with foreign governments and non-governmental organizations to inform potential victims of human trafficking of the risks posed to them.  Israel cooperated with law enforcement agencies of other countries to combat trafficking in persons.  Tunisia appreciated the report of the Special Rapporteur and noted that human trafficking was widespread in areas of poverty, unemployment, corruption and illegal migration, and women and children were the most vulnerable.  Ecuador said combatting trafficking of persons was a priority for Ecuador, and a training manual had been drawn up for the police and prosecutors.  Ecuador’s criminal code included trafficking in persons, as well as debt servitude and child labour, and the country was working to expand bilateral mechanisms to combat trafficking in persons.

Bosnia and Herzegovina said it faced the problem of trafficking in persons as a country of origin, transit and destination.  It stressed the importance of encouraging the private sector, trade unions and civil society to promote principles that would provide protection of the human rights and fundamental freedom of workers in supply chains.  Iraq stated that trafficking in persons severely undermined the rule of law.  National legislative acts had been enforced in order to provide mechanisms of support for victims.  Iraq spoke about the traffic, forced labour and abduction of Yazidis and other minorities by Daesh.   Georgia highlighted that it was still facing challenges to effectively combat trafficking in persons.  Efforts at the national level were key but the enhanced efforts of business actors to improve their policies and measures were also crucial to effectively eliminate trafficking in persons. 

Republic of Korea underlined that the criminal code had been revised in order to improve sanctions against human traffickers and to strengthen compensation mechanisms for victims.  Implementing a regulating framework for business activities was of utmost importance to effectively address the crime of trafficking in persons.  Nigeria highlighted the need to strengthen collaboration between countries of origin, transit and destination in order to identify criminal cartels.  Push and pull factors of trafficking and migration also needed to be identified in order to prevent the crime of trafficking in persons.  Bolivia underscored that voluntary norms were not sufficient to address the risks of companies opting for illegal activities.  There was a need to adopt State regulations that would strictly apply to the private sector.  Bolivia stressed that women and girls were more likely to be victims of human trafficking. 
 
United Kingdom said it remained committed to implementing the Guiding Principles on Business and Human Rights, and to actively seeking the views of businesses.  What practical measures would the Special Rapporteur recommend to Member States to prioritize and how could States better coordinate their measures?  Bulgaria stated that being at the external European Union borders, it paid special attention to the nexus between conflict and trafficking in persons.  The identification of victims of trafficking in mixed migration flows was a priority.  Botswana noted that the implementation of the Guiding Principles on Business and Human Rights was key for countering trafficking of persons in supply chains.  Botswana was committed to contribute to concerted international measures to combat human trafficking. 

Seychelles underlined the importance of collaboration with a myriad of partners, including those in the private sector, in effectively addressing trafficking in persons.  Seychelles had adopted specific legislation, as well as a national action plan, to combat human trafficking.  Azerbaijan asked the Special Rapporteur about further strategic requirements that needed to be adopted by States during conflict and post-conflict situations to establish an effective fight against trafficking in persons and how they could complement achieving target 8.7 of the Sustainable Development Goals.  Indonesia noted that it had adopted relevant measures to ensure the compliance of businesses with human rights principles.  Early detection and prevention, law enforcement and victim protection were crucial in combatting human trafficking.  

Council of Europe said its Group of Experts against Trafficking in Human Beings had noted an increase in the number of unaccompanied and separated children arriving in Europe, expressing serious concern that unaccompanied children disappeared within a few days of being placed in reception centres.  The Gambia said it faced recurrent instances of trafficking, particularly of women and girls, which was a challenge due to the fact that the crime was relatively unknown and its dynamics were perplexing.  Another major challenge was that alleged victims were usually unwilling to come forward to testify in court due to stigmatization.  Libya said its Government of National Accord was unable to take control of all its environment, which had created a free zone for smugglers and traffickers and organized crime networks.  Neighbouring countries were urged to work with Libya to reinforce security agreements so as to counter human traffickers.

Uruguay said great progress had been made nationally against trafficking, and the Government had created an inter-institutional unit to combat trafficking.  Considering the factors affecting vulnerable groups, policies had been put together, expanding a service providing attention to women who had been trafficked for sexual exploitation.  Philippines noted the detailed recommendations of the Special Rapporteur on multi-stakeholder initiatives, saying the standard-setting process needed to take into account the realities on the ground.  There should be a platform for cooperation for stakeholders. 

Caritas Internationalis highlighted the importance of involving all actors of the supply chains in combatting trafficking in persons.  The growing threats on children who were victims of enforced displacement to become victims of human trafficking was particularly worrisome.  It was important to ensure they were not criminalized and to protect their rights through the enforcement of more flexible migration policies.  Iraqi Development Organization voiced concerns about the continuing “kefala” system in Kuwait which allowed employers to monitor all the activities of their employees, leading to forced labour practices.  There was an urgent need to establish institutions or mechanisms to protect migrant employees and provide them with a minimum wage.   Dominicans for Justice and Peace said it was important to address the demand for human trafficking and labour exploitation.  States needed to address the growing online sexual exploitation of children and bring perpetrators to justice.  This required prosecutors and judges to be properly trained. 

United Nations Watch underscored that in Thailand, the Government had failed to enforce its own laws, leading to generalized practices of human trafficking for sexual purposes.  Police officers were transgressing the law and procured sex slaves to actors of the sex industry while human rights defenders were regularly threatened by gangs.  Lawyers’ Rights Watch Canada said that migrant workers continued to be subjected to forced labour in Thailand.  Remedies were blocked by criminal prosecutions against those reporting abuses, perpetrators were immune and abuses continued.  A follow-up on those issues by the Special Rapporteur in Thailand was necessary.  World Barua Organization voiced concerns about the trafficking of girls in Asia.  The police did not investigate the complaints they received and well-known human traffickers remained immune.  World Barua Organization urged the Special Rapporteur to provide India with assistance to combat trafficking of girls and women.

International-Lawyers.org welcomed the recognition of the recommendation that States should establish mechanisms to deal with companies that failed to implement their human rights obligations.  Organisation Internationale pour le Développement Intégral de la Femme reminded that some countries still refused to extend an invitation to the Special Rapporteur, notably with respect to the Tindouf camps.  Thousands of children were abducted for work and the so-called “peace holidays” had been used as a pretext for trafficking of children. 
 
Concluding Remarks

MARIA GRAZIA GIAMMARINARO, Special Rapporteur on trafficking in persons, especially women and children, explained that her report built on previous work, notably with respect to benchmarks for eradicating human trafficking from supply chains.  She had also relied on the work of other mandate holders, including on sexual exploitation of children and on migrant workers.  She had developed her work within the framework of the United Nations business and human rights agenda.  Exploitation of child labour was particularly difficult to detect and audit, and as such it should be one of the main concerns of her mandate.  The trafficking of migrant children was another important issue.  Her approach was a cooperative one and she valued the actions undertaken by the business community to establish voluntary standards.  One of the main assumptions of the report was that voluntary standards alone could not change the business model.  States should enforce their legal frameworks to ensure the full application of voluntary standards and to protect workers’ rights.  As for the integration of workers’ voices in the setting up of voluntary standards and the monitoring of their implementation, that was still an area of concern.  Access to remedy was yet another problematic area. 

Better and more effective legislation was needed, as well as going deeper in the requirements on what had been done to prevent unethical recruitment practices, to ensure that auditing was complemented by other sources of information, and to ensure coordination with trade unions and civil societies.  As for good practices in the public-private cooperation, there had been participatory processes in the design of action plans in some countries.  However, regular monitoring of the implementation of action plans should also be applied.  Important efforts had been undertaken in the field of voluntary standards by big companies, whereas small and medium-sized enterprises had been neglected.  One area of concern, which was mainly the responsibility of States, was establishing effective remedies for victims of trafficking.  

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