Video message for OSCE conference on Ethical Issues in Preventing and Combating Human Trafficking By the High Commissioner for Human Rights, Mr. Zeid Ra’ad Al Hussein

Excellences
Ladies and Gentlemen

The trade in, and exploitation of, human beings through human trafficking are grave human rights violations. We must work together to end these appalling practices. We at the UN Human Rights Office are profoundly grateful that we can count on our strong partnership with the OSCE Special Representative and Coordinator for combating trafficking in Human Beings, through our engagement in the Alliance Expert Coordination Group against Trafficking in Persons.

Traffickers prey on those in the most vulnerable situations: people who have been marginalized by discrimination, poverty and violence. These women, men, girls and boys are coerced, defrauded, abused and exploited in various forms of trafficking and modern day slavery.

Other factors create the conditions in which traffickers thrive. They include discriminatory laws, stereotypical attitudes relating to migrants and other people – including women and girls, Roma, or other ethnic or religious communities. They include the failure by States to enforce adequate employment and welfare regulations. When the State fails to regulate private recruitment agencies, working hours, health and safety protections, and the illegal confiscation of identity documents it facilitates trafficking. Put simply, traffickers are able to function when the State fails to fulfil its human rights obligations.

It is imperative that we maintain a clear focus on victims, and their rights as human beings, especially as States are often tempted to take broad-brush criminal measures that ultimately increase victims’ vulnerability and suffering. For example, tightening border control measures– in the absence of a more thoughtful approach to migration governance – has the potential to  push migrants into the hands of smugglers, who may be traffickers.

My Office promotes a human rights-based approach to addressing trafficking. These requires analysis of the entire trafficking cycle, from the demand and pull factors in countries of origin and destination, to the supply conditions that enable the traffickers to victimize so many people. It emphasizes examination of States’ policy measures, and the practices of private corporations. It focuses on the victims to preserve their dignity and protect them from further exploitation,  in particular by assisting them through provision of legal, social and psychological aid, and helping them regain their lives through effective remedies. This approach is outlined in the Recommended Principles and Guidelines on Human Rights and Human Trafficking developed by my Office.

As the Principles and Guidelines point out, trafficking is fuelled by demand for  goods and services derived from exploitation, such as sexual exploitation and the products of cheap, unregulated and exploited labour. Addressing this demand is crucial. It may be challenging as some States are unwilling to acknowledge that the trade in human beings is directly linked to their policies. So our work begins by highlighting this point. We also need to encourage consumers – and employers – to take an active and personal approach to fighting exploitation. It is our responsibility to purchase only goods and services that are exploitation- free. A wide range of legal, institutional and policy measures must be adopted to provide more protection for victims of trafficking.

The UN i has undergone a painful process of self-examination and reform to implement zero tolerance of sexual exploitation and abuse by staff and peacekeepers, to ensure they do not engage in actions that facilitate trafficking and exploitation.

In 2004, I was asked to look at the extent of the problem, and unfortunately I found that among peacekeepers in the Democratic Republic of Congo, sexual exploitation and abuse, including of young girls, was widespread.. This created a spiral of dependency, prostitution, violence and disease. It also caused individual tragedies, and eroded the social fabric to such an extent that violent and exploitative behaviour towards women and girls was considered to be the norm.

My recommendations, which led to the Secretary-General’s “comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations,” including clear and enforced standards of conduct; a far stronger investigative process; clarity of organizational, managerial and command responsibility; and individual accountability for violations – with disciplinary, financial and criminal impacts. The UN also created a Conduct and Discipline Unit to address all forms of misconduct by United Nations peacekeeping personnel, and introduced due diligence analysis of incoming personnel.

States must make similar efforts to address the issue of exploitation. They can ratify – and above all, implement enforce – all human rights, labour, and criminal international conventions, in particular the Palermo Protocol and  the Optional Protocol to the Convention on the Rights of the Child  on sale of children, child prostitution and child pornography and  the  recently adopted  Protocol on Forced Labour.

I welcome your focus on ethical approaches to eliminating and preventing trafficking. States must create clear frameworks for regulation, accountability and action. The private sector, international organizations and others must be encouraged to respect and implement human rights standards wherever they operate. Above all, we must ensure that victims have access to justice and remedy.

Thank you.