Obligations to prevent and protect trafficking victims also apply to migrants at sea: Special Rapporteur

GENEVA (27 June 2024) – States and maritime actors must take urgent and coordinated action to prevent trafficking in persons in the context of migration at sea, the Special Rapporteur on trafficking said today.

“The States’ obligations to prevent trafficking in persons, to identify, assist and protect victims of trafficking, without discrimination, continue to apply at sea,” Siobhán Mullally said in a report to the Human Rights Council. “The failure to fulfil these obligations increases risks of trafficking in persons, in particular child victims and other serious violations of international law, including potential violations of the principle of non-refoulement.”

The report addresses the obligations to ensure accountability for trafficking in persons, and access to remedies for victims, recognising difficulties for victims in the context of mixed movements at sea.

“In the midst of often contested jurisdiction and increasing criminalisation of irregular movements, international law, as it applies to protection at sea, sets out a comprehensive range of obligations for maritime actors, including states, non-state actors, commercial vessels and international and regional entities,” the Special Rapporteur said.

Mullally reflects on the often politicised and punitive responses to mixed movements of refugees and migrants at sea, including restrictions on safe, regular migration; restricted access to asylum; ‘pushbacks’ risking refoulement; arrest and detention upon disembarkation; unjust punishment of victims for offences related to their migration status, and criminalisation of human rights defenders engaged in search and rescue operations. These responses force people to take more dangerous journeys and places them at higher risk of becoming victims of trafficking in persons.

The Special Rapporteur says protecting victims of trafficking and persons at risk of trafficking must comply with international law, recognising trauma and serious harms.

Recommendations include mechanisms for screening and referral of victims of trafficking at places of disembarkation, providing access and referral pathways to specialised trauma-informed assistance and protection services, health services – including reproductive and sexual health services and psychosocial assistance – and safe accommodation for victims of trafficking.

All necessary measures should be taken to identify, assist and protect child victims of trafficking and children at risk of trafficking, in accordance with the principle of non-discrimination, ensuring the best interests of the child as a priority.