人权理事会与贩运人口问题专家和人权与赤贫问题专家开展互动对话（部分翻译）

人权理事会
中午

2013年5月28日

人权理事会在今日的午间会议上与贩运人口问题，特别是贩运妇女和儿童问题特别报告员乔伊·恩格齐·艾塞罗和赤贫和人权问题特别报告员马格达莱纳·塞普尔韦达开展集体互动对话。

恩格齐·艾塞罗女士表示，尽管各国通过了众多措施和方针以打击贩运人口的需求，关注点却通常只在于商业性剥削方面，其他形式的需求（例如剥削劳动和贩卖器官）则遭到忽视。特别报告员提到了她对阿联酋、加蓬和菲律宾的访问。

塞普尔韦达女士表示，她的报告关注贫困人群进行参与的人权方法，并提到，凡是参与机制存在的地方，贫困人群就在获得参与权方面受到严重限制。参与机制必须透明，必须确保某些类别的人群不遭受不公正的排斥。她谈到了对纳米比亚和蒙古的访问。
 
在互动对话中，发言人一致认为，各国应该指明并分析产生剥削劳动需求的因素，并采取有力的立法和其他措施来加以解决，包括制止歧视。解决贩运人口问题的人权方法必须将受害者权利与福祉放在讨论和政策措施的中心。发言人询问了确保反贩运措施不会对受害者人权和尊严造成负面影响的做法，并希望了解非国家行为者在降低构成所有形式剥削的需求方面的作用。

针对赤贫问题，发言人强调各国有义务确保长久以来被排斥群体的参与，并表示参与本身虽然不能够减贫，却是发展包容性社会的方法。发言人寻求了解特别报告员的看法，关注穷人有意义地参与国际金融危机相关问题的可能性，并询问了可以从规划过程开始时就融入国家发展的不同参与机制。

阿联酋、加蓬和菲律宾作为贩运问题特别报告员报告的相关国家进行发言。纳米比亚和蒙古作为赤贫和人权问题特别报告员报告的相关国家进行发言。

在互动对话中发言的有：法国、德国、代表阿拉伯集团的阿尔及利亚、代表拉丁美洲和加勒比国家集团的秘鲁、代表伊斯兰合作组织的巴基斯坦、尼日利亚、古巴、欧盟、中国、芬兰、泰国、埃及、澳大利亚、沙特阿拉伯、多哥、印度尼西亚、斯威士兰、洪都拉斯、大韩民国、印度、哥伦比亚、摩尔多瓦共和国、布基纳法索、马来西亚、哥斯达黎加、利比亚、美国、埃塞俄比亚、马尔代夫、爱沙尼亚、南非、白俄罗斯、摩洛哥、委内瑞拉、希腊、巴西、黑山、阿根廷、安哥拉、阿尔及利亚、乌干达、塞尔维亚、斯洛文尼亚、斯里兰卡、俄罗斯、巴拉圭、塞拉利昂、挪威、比利时、吉布提、格鲁吉亚、玻利维亚、孟加拉国、厄瓜多尔、苏丹、卡塔尔、智利、西班牙和厄立特里亚。   

以下非政府组织也向理事会作了发言：世界母亲运动、爱心协会、国际天主教儿童局和世界妇女组织。

下午5点30分，理事会将与外债问题独立专家和法官和律师独立性问题特别报告员开始集体互动对话。

Documentation

The Council has before it the report of the Special Rapporteur on trafficking in persons, especially women and children (A/HRC/23/48); an addendum to the report concerning the Special Rapporteur’s mission to the United Arab Emirates (A/HRC/23/48/Add.1); an addendum to the report concerning the Special Rapporteur’s mission to Gabon (A/HRC/23/48/Add.2); an addendum to the report concerning the Special Rapporteur’s mission to the Philippines (A/HRC/23/48/Add.3); an addendum to the report concerning the expert consultation on human trafficking and global supply chains (A/HRC/23/48/Add.4); and an addendum to the report concerning the comments by the Philippines on the report of the Special Rapporteur (A/HRC/23/48/Add.5).

The Council also has before it the report of the Special Rapporteur on extreme poverty and human rights (A/HRC/23/36); an addendum to the report concerning the Special Rapporteur’s mission to Namibia (A/HRC/23/36/Add.1); an addendum to the report concerning the Special Rapporteur’s mission to Mongolia (A/HRC/23/36/Add.2); and an addendum to the report concerning the comments by Namibia on the report of the Special Rapporteur (A/HRC/23/36/Add.3).

Presentation of Reports by Special Rapporteurs on Trafficking in Persons and on Extreme Poverty and Human Rights

JOY NGOZI EZEILO, Special Rapporteur on trafficking in persons, especially women and children, introducing her reports, said that demands for sexual exploitation, for cheap labour and domestic workers, for organ removal and sale, for illicit adoption and forced marriages, for criminal activities of begging or for exploitation for armed groups all constituted a substantial contributing factor to human trafficking.  Demand was an act that fostered any form of exploitation that in turn led to trafficking and in her annual thematic report, the Special Rapporteur sought to provide an overview of the existing international, regional and national legal framework and initiatives on addressing demand.  Although States adopted a variety of measures and approaches to discourage demand, often they focused exclusively on demand for commercial sexual exploitation and neglected other forms such as demand for exploitative labour and sale of organs.  Measures taken by businesses, non-governmental organizations and civil society to prevent trafficking and address its demand side, particularly in business supply chains, were also presented in the report.  Challenges in integrating a human rights-based approach in addressing the demand side of trafficking in persons were associated with the need to ensure human rights impacts of business activities and unintended consequences of measures aimed to address demand that fostered and led to trafficking in persons, including violations of the human rights of trafficked persons.

Turning to the country visits conducted in 2012, the Special Rapporteur said that the United Arab Emirates faced significant challenges as a destination country where trafficking of women and girls for sexual exploitation had become rampant and trafficking of men and women for labour exploitation was widespread, particularly in construction and service sectors.  The national policy regulating migrant workers’ stay, the Kafala, tied the residency and work permits to the sponsor which enhanced the control of employers over workers, created lucrative opportunity for criminal involvement in the foreign workers’ market, and increased migrant workers’ vulnerability to trafficking. 

Gabon was a destination and transit country for trafficked women and children en route to Equatorial Guinea.  Victims were mainly boys and girls under the age of 18 from the sub-regions of West and Central Africa, trafficked for domestic servitude and commercial sexual exploitation for girls, and for forced labour in the informal and business sectors for boys.  The crimes, including trafficking in persons, were underreported due to a general limited knowledge of laws, social tolerance for certain practices and fear of reprisals. 

The Philippines faced significant challenges as a source country for trafficking; children, women and men were trafficked within the country and abroad for purposes of sexual exploitation, forced and bonded labour, domestic servitude and organ transplantation.  The Philippines had in place a comprehensive legal framework and the Inter-Agency Council against Trafficking, but the Special Rapporteur was concerned over the lack of effective implementation of existing policies and the low prosecution rates for perpetrators which contributed to impunity and obstructed victims’ access to justice. 

MARIA MAGDALENA SEPULVEDA CARMONA, Special Rapporteur on extreme poverty and human rights, presenting her reports, said that last year an important component of the mandate’s work was finalized successfully when in September the Human Rights Council adopted the guiding principles on extreme poverty and human rights by consensus, a landmark-setting document which explicitly recognised extreme poverty as an urgent human rights concern.  Now, it was time for their implementation.  The report she was presenting today focused on how the right to participation of people living in poverty should be understood and realised from a human rights perspective.  Even where participatory mechanisms existed, people living in poverty faced serious constraints in accessing or exerting influence through them such as lack of income, information, low levels of education or literacy, discrimination or stigma, mistrust and fear of authorities, corruption and even threat of reprisal or violence.  Measures had to be taken to ensure that conditions for participation did not unfairly exclude certain categories of peoples and principles of transparency and access to information should also guide States in these efforts.  Evidence had shown that in many cases participatory processes had positive impacts in terms of making policies more sustainable, tackling poverty and social exclusion, building organization and capacity and improving public service delivery.

On her mission to Namibia, the Special Rapporteur was particularly concerned that despite significant budgetary investment in public services, quality public services such as health facilities and schools were not accessible to a large portion of the population.  In her report, while recognizing the efforts made by the Government, implementation gaps were identified in almost all poverty reduction strategies.  Women continued to be economically and socially marginalised and were also disproportionately affected by unemployment, HIV/AIDS and lack of access to lands.  Tackling inequality in the country was key to combating poverty and progress in this regard, since independence, had not been quick enough.

On her country-visit to Mongolia, despite the significant growth rate, economic prosperity had not been inclusive; it had failed to reach the most vulnerable in society and had not been translated into a significant reduction in poverty.  It was essential that a coordinated multi-sectoral strategy was developed to address these weaknesses, along with mechanisms to monitor progress and ensure accountability.  People in Mongolia faced many challenges in the realization of their rights, including limited access to justice, housing and land, as well as social security. Mongolia was encouraged to improve local government legislation, establish a zero tolerance policy against corruption and ensure accountability at all levels. 

Statements by Concerned Countries

United Arab Emirates, speaking as a concerned country, said that it had held a constructive dialogue with the Special Rapporteur on trafficking during her visit to the country and welcomed her openness and collaboration with civil society.  It also appreciated the recognition by the Special Rapporteur of the achievements made by the United Arab Emirates.  The United Arab Emirates was taking all necessary measures to continue to combat trafficking in persons, including the protection of victims, the punishment of perpetrators, and collaborating on an ongoing basis with the international community.  A fund had been created to provide support to the victims of trafficking, and the United Arab Emirates continued to cooperate with origin and destination countries.  Efforts should continue to be made not only at the national level but also globally.   

Gabon, speaking as a concerned country, said that it had taken note of the recommendations contained in the report of the Special Rapporteur on trafficking and stressed that it attached great importance to the eradication of trafficking in humans.  Gabon had adopted rigorous measures in that respect and refuted the credibility of statistics provided by non-governmental organizations, which not only were inconsistent with the data provided by United Nations agencies but were also the product of surveys conducted in a non-transparent manner.  Gabon had put in place a legal framework to deal with the trafficking and exploitation of children in particular and had also ratified a number of international instruments dealing with trafficking in humans.  The challenges posed by trafficking were enormous, so it was important to deal with the root causes of the problem.        

Philippines, speaking as a concerned country, acknowledged the efforts of the Special Rapporteur to revise the report after receiving the comments of the Philippines and said that the legislative, policy and institutional framework underpinned the efforts in the country to address human trafficking.  The Philippines said that there was a gap in the report in understanding the processes involved and the appreciation of the outcomes, for example in discussions concerning compensations and lack of witness protection.  The main issue with the report was the clever use of statistics to create an impression of an enormous problem of sex tourism in the country, without giving any statistics on the number of tourists coming for that purpose.

Namibia, speaking as a concerned country, said Namibia was committed to human rights and the welfare of its citizens was expressed in its Constitution.  Since independence, the country had made significant progress to fulfil its constitutional obligations.  The global economic downturn had not left Namibia untouched, and in the effort to improve living conditions of the most vulnerable, the Government was providing social grants to those in need, which played a crucial role in alleviating poverty.  Namibia regretted the references in the report to structural discrimination against women and said that there was no institutional and legal discrimination in the country and that the marital power of a husband had been abolished by the Married Persons Equality Act.

Mongolia, speaking as a concerned country, said that it had fully cooperated with the Special Rapporteur on extreme poverty, who had been given full access so that she could carry out her mandate and have an open dialogue with all parties concerned.  Fighting corruption remained one of the top priorities of Mongolia, and recent studies had shown that the index of corruption had decreased.  Poverty remained a major challenge, and Mongolia was fully aware of the situation.  Progress had been made in lowering the poverty index in the country, as shown by recent studies.  Mongolia remained fully committed to fighting corruption and combating poverty in Mongolia. 

Interactive Dialogues with Special Rapporteurs on Trafficking in Persons and on Extreme Poverty and Human Rights

France welcomed the adoption by the General Assembly of the guiding principles on extreme poverty and human rights.  The recommendations by the Special Rapporteur should help guide policy toward poverty and human rights and bring together in one instrument a rights-based approach to fighting extreme poverty.  This included recognizing the importance of universal healthcare in this context.

Germany said that it welcomed the Special Rapporteur’s report with regard to trafficking and its defining of terms such as “victim”.  Germany regarded recent policy developments in this area as helpful, particularly as they related to demand for trafficked persons.  Germany lent its support to the efforts to decrease such demand.

Algeria, speaking on behalf the Arab Group, welcomed both reports by the Special Rapporteurs.  The phenomenon of trafficking had a global impact and millions were victims.  The Arab Group welcomed the Special Rapporteur’s trip to the United Arab Emirates and confirmed the recommendations contained in the trafficking report.  A global policy had to be adopted.  As for extreme poverty, the Arab Group welcomed the report and recognized the report’s notions of inclusivity.  The Arab Group would deploy every effort to protect vulnerable groups. 

Peru, speaking on behalf of the Group of Latin American and Caribbean Countries, said that its Heads of States and Governments had reiterated their commitment to eradicate extreme poverty and hunger in the region, stressing the obligations of States in ensuring participation of those historically excluded.  As a result of the barriers that prevented the poor from participating, their needs were not appropriately reflected in policies that concerned them, which could aggravate their exclusion.  The participation itself would not lead to poverty reduction but was an instrument in developing more inclusive societies.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the participation of the poor in decision-making processes would lead to their enjoyment of other human rights.  Economic empowerment of people was essential to eliminating the vicious cycle of extreme poverty and would ultimately ensure the participation of people living in extreme poverty.  Social and economic sustainability would reduce demand for exploitation of persons and a holistic approach based on cooperation and shared responsibility would be required to eliminate factors behind human trafficking.

Nigeria said that demand for trafficked persons was a complex subject that needed to be carefully studied by States.  Regional and multilateral approaches to reducing demand were essential for success.  National actions should aim at complementing sub-regional, regional and international efforts, and political will to tackle the issue was the necessary first step at the national level, especially in destination countries, while the country of origin needed to take effective measures to tackle the supply.

Cuba said that although the topic of participation with respect to the eradication of extreme poverty was an important topic, goals had yet to be met due to the economic crisis.  A complex and interlocking list of methods could be deployed to tackle extreme poverty.  In addition, Cuba attached importance to the complex nature of trafficking and called it a tragic trade in human beings.  Both issues required ongoing and active international cooperation.

European Union said many thousands of cases of trafficked persons were identified in the European Union and that undocumented cases were of course even higher.  The European Union’s law made it illegal to trade in human beings.  The European Union asked for the clarification of the terms referring to types of demand in the trafficking report.  With respect to extreme poverty, the European Union recognized the demand for inclusivity and participation.  What were the best practices that the Special Rapporteur had identified in respect of poverty eradication?

China said that women and children were the main victims of trafficking for sexual exploitation and the Government was implementing various initiatives to combat this phenomenon.  A nationwide campaign against the kidnapping and selling of children was undertaken in partnership with United Nations agencies and neighbouring Governments.  The Special Rapporteur on extreme poverty pointed out the need for a rights-based approach and China said that it had led the way in this respect with its well-known rural development policies. 

Finland said that because poverty was also about lack of power, more attention to accountability and equality principles was needed in the post-2015 development agenda.  Non-discrimination and more transparent participatory mechanisms would figure prominently in the new human rights strategy that would be launched shortly, said Finland, and asked for Special Rapporteur’s views on the possibilities of meaningful participation of the poor in questions related to the international financial crisis.

Thailand agreed with the Special Rapporteur on trafficking in persons on the need to address discrimination to discourage demand and prevent exploitation on various grounds.  States must act to combat contributing factors to demand in ways that diminished vulnerability to trafficking in persons and developed alternatives to exploitation.  It was equally important to be vigilant in enforcing laws and monitoring activities to minimize profits gained from trafficking in persons.

Egypt agreed that States should identify and analyze factors that generated demand for exploitative labour and take strong legislative and other measures to address those issues, including stopping discrimination, and asked how to ensure that anti-trafficking measures did not adversely affect the human rights and dignity of persons.  On extreme poverty, Egypt asked about different participatory mechanisms that could be incorporated in national development from the start of the planning process.

Australia said that the report of the Special Rapporteur on trafficking contained a helpful analysis of measures to discourage the demand that led to exploitation and human bondage.  In February 2013 the Australian Government passed legislation against forced labour which encompassed some of the recommendations made by the Special Rapporteur in her report.  It asked if consumer demand for products made using forced labour could be a lever with which to put pressure on exploitative businesses. 

Saudi Arabia said that the trafficking of persons was an urgent problem and its Government had led the way by passing legislation in harmony with international laws.  Trafficking and slavery were incompatible with the religious tenets of Saudi Kingdom.  Saudi Arabia had over the past five decades given $ 1 billion to the World Food Programme and also $ 6 billion in debt alleviation to developing nations.

Togo said that it believed that the effective eradication of extreme poverty meant that persons living in it needed to be empowered and that was why its Government had a community-level approach to the struggle against poverty.  In 2012 grassroots initiatives and micro-financing agreements were put in place in Togo and were aimed at creating wealth by tapping the strength of each community.  They implied participation by citizens.

Indonesia reiterated its commitment to eradicating trafficking in persons and agreed with the Special Rapporteur that it was necessary to address the demand side and on the importance of the human rights-based approach in addressing trafficking in persons.  Indonesia encouraged the Special Rapporteur to further explore the topic of international cooperation at all levels and the role of States and non-State actors in discouraging the demand that fostered all forms of exploitation of persons.

Switzerland welcomed the focus on all forms of demand in the report on trafficking in persons and the references it made to recent developments in the area of business and human rights, as well as the draft list of criteria and indicators to ensure that supply chains were free from human trafficking.  Switzerland asked how this draft list would be further developed and how the cooperation with the Working Group on Business and Human Rights would be implemented. 

Honduras agreed with the Special Rapporteur that combating trafficking in persons must be a collective effort of the international community through legislative and judicial measures on international, regional and national levels.  International cooperation by State and non-State bodies and the human rights-based approach were essential to addressing the demand side of exploitation and trafficking in human beings, particularly for sexual exploitation. 

Republic of Korea noted with interest the report of the Special Rapporteur on trafficking and said that its Government was actively taking part in international legislative efforts to tackle the phenomenon.  It went on to note that the report of the Special Rapporteur on extreme poverty held special meaning for its Government as the Republic of Korea moved from being a developing country to a donor country and it was willing to share this experience.

India said it had enacted a number of laws in accordance with international norms to tackle trafficking and advocated a holistic and comprehensive approach to the problem.  With respect to poverty, India said that it was not desirable to fix universal guidelines in the fight against extreme poverty since contexts differed around the world and that it was both imprudent and unrealistic to bypass the role of participatory politics in the pursuit of poverty reduction.

Colombia stressed the human rights-based approach to the trafficking of women and children and shared its comprehensive migration policy which took into account Colombians living outside the country, which in part, tackled trafficking.  In addition the Ministry of Foreign Affairs had a budget line that enabled it to attend to the rehabilitation of trafficked persons.  Prevention was also key, and public information policies such as a website and a hotline were important in stopping this scourge.

Republic of Moldova said that much had been done since the entry into force of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, but additional targeted and coordinated measures were needed to discourage demand that fostered all forms of exploitation of persons which led to trafficking.  Consultation was essential for a human rights-based approach.

Burkina Faso welcomed the analysis and recommendations made by the Special Rapporteur and noted with interest measures taken by States to discourage demand leading to trafficking in persons.  Burkina Faso had established regional vigilance and monitoring committees and had adopted several pieces of legislation concerning the rights of women and children and was working on the implementation of those laws.  Particular attention should be paid to underlying causes of human trafficking.

Malaysia agreed that the participation of people living in extreme poverty was often hindered by multiple obstacles and noted the recommendations made by the Special Rapporteur to rectify the situation such as the need for a legal and institutional framework to support the meaningful participation of people living in poverty in decision-making process.  The voices of the poorest and most vulnerable must be heard.

Costa Rica said it would refer to the report of the Special Rapporteur on trafficking which it called timely and relevant.  Despite the number of years that had passed since the issue entered the international human rights agenda, the numbers of trafficked persons was too high.  New laws in Costa Rica had been passed that went beyond what was required by United Nations norms, including prohibitions against organ trafficking.

Libya said that the fight for human dignity in the face of trafficking was paramount and Libya was a party to international legislation in this area.  It wished to highlight the amendments it had made to its labour laws, among others, and recognized the rights-based approach to the scourge of trafficking.  With regard to poverty it was concerned by the growing numbers of persons living in extreme poverty and called for efforts to end it to be stepped up.

United States said that it was committed to the eradication of extreme poverty and said that President Obama had made a commitment in line with the Special Rapporteur’s report in his latest State of the Union speech.  Empowerment was key and inclusive decision-making by those in poverty was the most effective manner of making progress in this area.  Turning to trafficking, the United States said that it had done much in the last year to raise the profile of the problem of trafficking within the United States, and the Government was active in addressing the issue. 

Ethiopia said that trafficking in persons, especially women and children, was of great concern to its Government, which had established a National Council chaired by the Deputy Prime Minister to combat trafficking of persons through various legal and policy measures.  Ethiopia agreed on the importance of bilateral and international cooperation and the need to take stock of the existing international legal and policy framework.  There was a need to strengthen international cooperation to address trafficking in persons.   
 
Maldives said that the right to participation empowered people and built trust and confidence required for the progress and development of a society.  It was the responsibility of a State to ensure that all citizens could voice their opinion on decisions concerning their lives, without fear.  On trafficking of persons, a solid legal framework together with strong intelligence sharing and border control mechanism, especially through a regional lens, needed to be established. 

Estonia agreed that accurate information about patterns of trafficking in persons was important, and it was updating its information in this regard.  Participation was a right that should be considered in a broad manner and it was linked to empowering people to tackle inequalities and asymmetries of power.  Providing accessible legal aid to those living in poverty, including persons with disabilities, was necessary to raise awareness of legal and civil rights and to thus increase effective participation. 

Austria shared the assessment that a human rights-based approach to human trafficking had to place the rights and well-being of victims of trafficking at the centre of discussion and policy measures, including measures to discourage demand.   Did the Special Rapporteur on trafficking of persons have any good examples of identification and analysis of factors that generated demand for exploitative sexual services and exploitative labour, and of strong legislative, policy and other measures to address these issues?

South Africa said in tackling trafficking, emphasis should be placed on strong domestic measures taken by States that were the countries of origin, transit and destination of trafficked persons.  South Africa favoured a comprehensive approach to the causes of trafficking; i.e. poverty reduction strategies through grants to child-headed households, among other measures.  In respect of extreme poverty, South Africa said that it agreed with the analysis of the Special Rapporteur and asked about how the recommendations in the report could be implemented, especially in view of the financial crisis

Belarus said that it was delivering its remarks on behalf of the Geneva Group of Friends United against Human Trafficking and as such welcomed the Special Rapporteur’s report.  It was part of an ongoing United Nations effort at the level of the General Assembly and other high-level bodies to tackle this urgent scourge against humanity.  The Group invited the Special Rapporteur to continue her analysis through the prism of her mandate, highlighting the different aspects of the demand that led to human trafficking. 

Morocco said concerning the report on extreme poverty, Morocco believed that there were many obstacles in the path of the fight against poverty as the economic plight of those in extreme poverty was by definition a form of disenfranchisement, but it welcomed the Special Rapporteur’s analysis on her visit to Namibia.  Turning to trafficking, Morocco said the report of the Special Rapporteur for trafficking was instructive and condemned the phenomena as an international crime which had to be dealt with in a comprehensive, international fashion.

Venezuela said that in the context of combating trafficking in persons it had ratified international instruments in order to prevent that serious crime and had promoted efforts to strengthen legislation in order to punish criminal networks involved in trafficking.  The active participation of its people without any discrimination was a priority, and suitable programmes and mechanisms had been developed to ensure that participation was effective, especially with regard to groups or individuals prone to be excluded.  

Greece said that the issue of trafficking was a priority for the country, which fully subscribed to all the recommendations made by the Special Rapporteur.  Faced with an unprecedented, massive influx of irregular migrants over the last decade, Greece had strengthened legislation and policies in order to combat trafficking more effectively.  In accordance with Greek law, deportation procedures of trafficking victims should be suspended until a final decision had been reached on the reported criminal acts of trafficking. 

Brazil said that it appreciated the treatment of participation as a human right rather than simply a political choice, and gave particular importance to the promotion of the rights to freedom of expression, of assembly and association, and the right to education.  Brazil drew attention to its policies for the protection of foreign undocumented migrants as well as for fighting slave labour, such as the National Policy for decent work, and to other initiatives, such as the publication of a “dirty list of employers” who resorted to forced labour and several awareness-raising campaigns.      

Montenegro noted the importance of a human rights-based approach to addressing the problems and potential solutions for persons who were victims of trafficking.  Montenegro had adopted an updated strategy on combating trafficking in persons in 2012.  It was also part of efforts to develop transnational mechanisms to provide assistance to and protection of victims of trafficking in Eastern Europe.

Argentina said that it was firmly committed to eradicating trafficking and protecting and assisting victims of trafficking.  Argentina had made sentences more severe, particularly in the case of minors.  Specific entities to provide victim assistance, housing, nutrition and other types of support had been created.  As a result of measures taken, from 2008 until March 2013, 4,602 victims of trafficking had been rescued in over 2,000 raids.

Angola believed that the participation of people living in poverty in the decision-making process was necessary to address poverty-reduction strategies and tackle inequalities and asymmetries in society.  It considered that the solution to the economic and financial crisis should not further aggravate the situation of people living in extreme poverty.  The fight against extreme poverty had to remain a priority in the post-2015 United Nations development agenda as well as in the Human Rights Council’s agenda.

Algeria said that all countries in all regions were affected by trafficking in persons which affected human rights and was a violation of human dignity.  Algeria had undertaken a number of measures to combat trafficking in persons which were translations of regional and international instruments in domestic laws.  The 1993 Vienna Conference had reaffirmed the need to better understand extreme poverty which undermined human dignity, and to better enjoy the fruits of social progress.

Uganda noted the demand for human organs as one of the reasons for trafficking, thus making human beings a valuable commodity for this market.  Women victims of trafficking for prostitution were subjected to inhumane treatment.  In 2009 Uganda had passed the Anti-Trafficking in Human Persons Act which had prohibited the relocation of humans for purposes of slavery or forced activity, while a national human trafficking task force had been set up in 2012 to deal with this issue.

Serbia said it was important to make sure that measures to curb trafficking in persons did not harm human rights, particularly of victims of trafficking.  Trafficking in persons was part and parcel of organized crime and was a form of modern slavery which required a specific, global and systematic response of States.  In 2012, Serbia had adopted a draft national strategy to combat trafficking in persons for the period 2013 to 2018.

Slovenia welcomed the Special Rapporteur’s report, which, it said, should be taken into consideration by all stakeholders.  Slovenia stressed that measures aimed at discouraging trafficking were equally important as the prosecution of perpetrators and the protection of victims.  For that reason Slovenia had taken prevention and awareness-raising initiatives for the wider public and high-risk groups.  It had also set up training programmes for government officials. 

Sri Lanka said that States had a responsibility to protect persons against human rights abuses including trafficking, through appropriate policies, regulation and adjudication.  Sri Lanka had adopted a zero tolerance policy towards all forms of human trafficking and endeavoured to address the problem through prevention, protection, prosecution and punishment. 

Russian Federation said that it was precisely the increasing demand for cheap labour and sex services in certain countries that aggravated trafficking in persons.  The Russian Ministry of Interior Affairs attached particular attention to dealing with trafficking crimes, especially the trafficking in children and the sexual exploitation of children and adolescents, and was taking appropriate measures. 

Paraguay said that the right to participation was a fundamental human right consecrated in the main universal human rights instruments, which States were committed to promote.  But, as highlighted by the Special Rapporteur, participation in itself was not a panacea for reducing extreme poverty.  Paraguay concurred with the Special Rapporteur in the identification of certain clashes of rights in this area.  Paraguay had a number of programmes including literacy initiatives for those living in poverty to help build participatory policies.

Sierra Leone said that when migration through legal means was denied, trafficking thrived as a result.  This was relevant to African migrants and Sierra Leone called for the opening of legal means of migration.  Adoption was often a form of disguised trafficking and adoption procedures should be tightened up.  As for extreme poverty, Sierra Leone said that the extremely poor were often too busy scrounging a living to take constructive measures to alleviate their position, therefore public awareness programmes should be intensified.  Recent elections in Sierra Leone saw the participation of almost 80 per cent, which showed that its poorest citizens were claiming and exercising their rights.

Norway said that the Special Rapporteur’s analysis of the demand side of trafficking was to be commended.  Norway was taking action to ensure that enterprises operating in the country respected human rights and its Government was providing effective guidance in this respect.  As for the report on extreme poverty Norway appreciated its systematic nature and found its recommendations helpful.

Belgium said that in 2012 it had adopted a national plan to fight extreme poverty and was now in the process of adopting an action plan to ensure the participation of juveniles.  In 1995, Belgium had created a unit to combat trafficking in persons and its 2012 national action plan led to financial investigations, dismantling of networks, fight against informal economy and protection of children and domestic workers.

Djibouti welcomed the analysis in the report of the Special Rapporteur on extreme poverty and the links between participation, power and poverty.  In order to ensure the participation of poverty-stricken people, participatory processes and mechanisms must consider each person as worthy of participation.  Djibouti was committed to countering extreme poverty and had undertaken national measures in this regard. 

Georgia said it had undertaken legislative and executive measures at all levels to combat trafficking in persons, including the criminalization of trafficking in persons in 2003.  A national coordination mechanism had been established and the National Refertal Mechanism had been introduced which provided the State’s protection to those subjected to trafficking in persons. 

Bolivia said that Bolivia was continuing its efforts to eradicate extreme poverty, which had fallen from 43 per cent to 26 per cent in five years through a number of effective measures.  Bolivia’s aim was to eradicate extreme poverty by 2015.  It was also working to empower groups who suffered from poverty and discrimination and to include those segments of the population in society

Bangladesh said that some States, United Nations agencies and civil society organizations had shown that it was possible for States to create or support participatory mechanisms which succeeded in empowering disadvantaged members of the public.  Bangladesh had reduced the proportion of persons living below the poverty line from 40 per cent to 31.5 per cent in five years and was committed to reducing it further to 29 per cent by 2015. 

Ecuador said that Ecuador was taking measures to address social, political and economic factors which facilitated trafficking in persons.  A new criminal code was going to introduce harsher punishments for perpetrators of trafficking in persons.  In addition, a comprehensive programme focusing on human rights was being implemented.  Participation was indeed a basic human right and of fundamental importance to the enjoyment of other human rights.

Sudan welcomed the report of the Special Rapporteur on trafficking and called trafficking a fundamental breach of human rights.  Sudan had taken all measures to deal with trafficking at the legislative level, including laws against money laundering, and had set up units all over Sudan to combat human trafficking.  At the international and regional level a number of initiatives had been undertaken.

Qatar thanked the Special Rapporteur for her report on trafficking, especially for its focus on women and children.  It concurred with the mainstreaming of the human-rights approach and backed the report’s recommendations.  In Qatar, Sharia law outlawed any kind of exploitation or slavery and supported international human rights laws with respect to human dignity.  A work plan for 2010-2015 was underway and included the establishment of a shelter for the victims of trafficking which conformed to international norms. 

Chile referred to the Special Rapporteur’s report on extreme poverty and highlighted the report’s methodology, particularly its proposal for general and specific objectives.  It said that the matter involved principles and values, not just public policy.  Poverty was characterized by a vicious circle of powerlessness and inclusive and empowering policies were recommended as a way to combat it.  Chile commended the Special Rapporteur’s notion for the extreme poor of the “the right to have rights”.

Spain shared the assessment of the Special Rapporteur that participation was crucial to eliminating extreme poverty.  In recent years, Spain had welcomed six million migrants which obliged it to deal with the issue of trafficking in persons.  Measures to combat the crime must be accompanied with those guaranteeing assistance and support to victims.  Preferential treatment must be accorded to victims in the design of anti-trafficking strategies and measures and consultation in this regard was essential.

Eritrea said that a comprehensive examination of human trafficking was indispensable and recommended that the international community adopt a systemic approach to the phenomenon.  Eritrea’s comprehensive efforts in combating human trafficking had been going on for several years and it had also requested the United Nations Secretary-General to establish a special inquiry in human trafficking as an effort to destabilize the country.

Movement Mondial des Mères drew the attention of the Human Rights Council to the increasing practice of motherhood surrogacy, which raised a number of human rights issues, such as sale of children, opening of new rings of sexual trafficking, exploitation of birth mothers who were often poor, and the consideration of the womb and women’s reproductive capacity as a commodity.

Association Points-Coeur said it was aware of the difficulties in making sure that people in situations of poverty really participated, but appealed to States to counter negative stereotypes vis-à-vis people living in extreme poverty, counter all forms of discrimination in the media, and favour the inclusion of human rights in school curricula.  States should also promote the right to participation through a human rights-based approach at the heart of discussions related to the Millennium Development Goals.

International Catholic Child Bureau said that demand remained a critical challenge addressing the root causes of trafficking in persons, especially children.  It was recommended that the Special Rapporteur on trafficking dedicate efforts in cooperation with the International Labour Organization and the United Nations Office on Drugs and Crime and other relevant human rights institutions to set up minimum level principles concerning supply chains that the business sector should respect.

Worldwide Organization for Women encouraged the involvement of non-governmental organizations in the efforts to educate individuals living in poverty, with a special focus on children.  These organizations played a valuable role in providing education and training that could, as the Special Rapporteur had said, empower people living in poverty with skills and knowledge that facilitated their more active participation and free expression.

Concluding Remarks by the Special Rapporteurs on Trafficking in Persons and on Human Rights and Extreme Poverty

JOY NGOZI EZEILO, Special Rapporteur on trafficking in persons, especially women and children, in concluding remarks, thanked States for their feedback and also thanked the United Arab Emirates, Gabon and Philippines.  Their post-mission accounts were valuable.  In response to Germany, she said that Paragraph 82 of her report addressed discrimination within the realm of trafficking.  In response to Australia she said she could elaborate on best practices in a bilateral meeting due to time constraints.  In respect of stakeholders who expressed concerns about the demand side of trafficking, the work had to go forward on the principles set out in her report.  By way of clarity “derived demand” was a secondary demand, although this was pushed by market fundamentals and the global economic downturn. Enterprises were looking for cheap labour at this time.  The participation of key stakeholders was key and the measures to discourage demand must be put in place. Public-private partnership and codes of ethics in the supply chain were important. The Special Rapporteur said she would be available to discuss her report throughout the weeks of the Human Rights Council meeting.

MARIA MAGDALENA SEPULVEDA CARMONA, Special Rapporteur on extreme poverty and human rights, noted in her closing remarks that she agreed with Namibia that indigenous groups were disproportionately represented among the poor in the country and this should have been mentioned in the report.  She had decided not to because the Special Rapporteur on indigenous peoples had visited the country just a month previously and she fully agreed with all the recommendations made.  The Human Rights Council should play a leading role in ensuring that the human rights-based approach was included in the post-2015 and the Special Rapporteur urged States to ensure that the discussions in this forum were included in the discussions on the development agenda taking place in New York.  Ms. Sepulveda Carmona took note of suggestions made by speakers to analyze the States’ responses to her questionnaire on best practices in addressing the demand for trafficking in persons in order to make them replicable by other actors. 
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