UN expert deplores lack of accountability for crime of human trafficking in conflict

NEW YORK (17 October 2023) – A UN expert deplored the lack of accountability for human trafficking in conflict situations.

“Impunity has dramatic consequences, including limited access to justice and remedies for trafficked persons and growing failures in terms of prevention and protection efforts,” said Siobhán Mullally, the UN Special Rapporteur on trafficking in persons, especially women and children.

In a report presented to the UN General Assembly, Mullally said that children were particularly vulnerable to trafficking in conflict situations due to displacement, school closures, family separation and weak child protection systems.

“Conflict, displacement and large movements of refugees increase the risk of trafficking, especially for unaccompanied and separated children,” she said.

The expert stressed that the risks are exacerbated by limited access to international protection pathways, including resettlement, humanitarian visas and asylum, and the failure to ensure protection services in humanitarian settings.

“Denial of humanitarian access greatly increases the risk of trafficking,” she said.

“The International Criminal Court has not prosecuted the crime of trafficking in persons yet – whether under the crimes against humanity of enslavement or sexual slavery or under other relevant and related crimes,” the Special Rapporteur said.

She noted that despite significant evidence of crimes against migrants, including trafficking, and sexual violence in conflict, impunity for conflict-related trafficking persists.

Mullaly said that a key challenge in pursuing accountability for trafficking in conflict situations has been the proliferation of non-State armed groups and their responsibility for trafficking in persons for all purposes of exploitation. “We need urgent action to address this accountability gap, as well as the related failures and lack of capacity to prevent trafficking by armed groups and to protect trafficked persons,” she said.

The expert pointed to the crucial role of UN fact-finding and other investigative mandates in strengthening accountability for trafficking in conflict.

“Despite the prevalence of various forms of trafficking in conflict situations, including by non-State armed groups, trafficking remains largely invisible in truth-seeking and transitional justice accountability processes,” the Special Rapporteur said. “Failure to ensure guarantees of non-repetition further undermines peace-building processes, as armed groups and criminal networks often engage in trafficking in post-conflict and transitional settings,” she said.

Mullally examined the reasons for limited accountability in conflict situations and made recommendations to strengthen prevention, protection and access to justice for victims.

“I call for urgent prioritisation of prevention of child trafficking in conflict and protection of child victims,” the expert said.