A/HRC/23/48 69. In particular, as highlighted by both the Committee on the Rights of the Child 23 and the Special Rapporteur on the sale of children, child prostitution and child pornography, 24 States have a responsibility to listen to and take into account the views of children who may be affected by policy measures that are planned, in particular paying attention to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes. 70. Measures to boycott or ban goods made by child labourers were reported to have had a negative impact on some of the children who were intended to benefit, because most often employers reacted by laying off underage workers, en masse, without warning and without compensation.25 71. The campaign alleging forced child labour in the cultivation of cocoa in one or more West African countries deserves particular mention, as several publications have reported that children have been trafficked for the purpose of subjecting them to forced labour working on cocoa farms. Following publicity in the media at the end of 2000 and again in April 2001 that children from within the region were being trafficked into slave labour or forced labour on cocoa farms, the Chocolate Manufacturers Association convened a meeting of those it considered to be key stakeholders. In September 2001 these stakeholders signed the Protocol for the Growing and Processing of Cocoa Beans and their Derivative Products in a Manner that Complies with ILO Convention 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Nevertheless, in 2012 the news agency CNN widely documented and reported cases of trafficked children still working in cocoa farms in the West African region as part of its year-long campaign, the Freedom Project on ending human trafficking and modern-day slavery. 5. Unintended negative consequences of measures for addressing demand 72. Principle 3 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking highlights the potential for negative interaction between established rights and new measures to address trafficking. The commentary on the Recommended Principles and Guidelines stresses, in relation to the responses of States to human trafficking, that “human rights law also confirms that States cannot violate nondiscrimination principles or norms protecting economic, social and cultural rights when developing or implementing their response to trafficking”. 26 Principle 3 also mentions particularly the rights of those in potentially vulnerable situations due to immigration status, stating: “Anti-trafficking measures shall not adversely affect the human rights and dignity of persons, in particular the rights of those who have been trafficked, and of migrants, internally displaced persons, refugees and asylum-seekers.” It makes explicit a responsibility to extend the principle of proportionality to all people, regardless of citizenship of immigration status. 73. In its general comment No. 27 (1999) on freedom of movement, the Human Rights Committee emphasized the importance of the principle of proportionality, in the context of principles which were applicable when determining what restrictions it is legitimate for States to impose on freedom of movement. It reads: “Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective 23 24 25 26 In its general comment No. 12 (2009) on the right of the child to be heard, para. 118. A/67/291, para. 11. For example, Alec Fyfe, The worldwide movement against child labour – Progress and future directions (Geneva, ILO, 2007), p. 53. Recommended principles and guidelines: Commentary, p. 38. 17