A/HRC/23/48
unchallenged ability to create their own – often exploitative – working conditions for
women and children in informal „hidden‟ sectors where they easily can take advantage of
the legislative weaknesses.6 The same report notes that “demand and supply factors are
closely intertwined … Poverty and expectations of better earning opportunities induce
thousands … to migrate and seek employment in unregulated and informal sectors where
they are extremely vulnerable to exploitation. This abundant labour supply … fuels a level
of demand that would not otherwise be there”.7
16.
Businesses that take advantage of trafficked persons aim to minimize production
costs and maximize profits by not paying wages, requiring excessive overtime or otherwise
failing to meet basic health and safety standards in environments that are inherently dirty,
difficult or dangerous. Legitimate businesses may also maximize profit by subcontracting
the recruitment of workers to a labour provider who uses methods associated with
trafficking in persons, such as debt bondage or intimidation.
17.
In the case of services provided by trafficked persons, the person who purchases or
uses such services as sexual, care for the elderly or infirm, or domestic work generally
comes into direct contact with the person being exploited. In contrast, consumers seeking
cheap products generally have no personal contact and are often situated in a different
country altogether. However, in both cases it is conceivable that the users of the services
provided are unaware that those involved in producing goods or providing services for them
have been trafficked or subjected to illegal force or coercion.
18.
In some regions there is a specific demand for children to work in circumstances
which are inconsistent with internationally recognized standards and frequently violate
national law. For example, some children who are recruited to work in private homes as
domestic workers are sought by employers because they are too young to resist their
authority or pose a threat. While not all such cases involve trafficking or forced labour,
some do. In various regions of the world, including industrialized countries, children are
also deliberately sought by beggar masters. 8
19.
On a number of occasions over the past decade, concern has been voiced that largescale sporting events create a demand for the services of people who are trafficked and
therefore require preventive action specifically to discourage demand. This concern led
various agencies to inform the media before sporting events that large numbers of women
or children were about to be trafficked. Some recent campaigns to discourage demand
associated with sporting events have taken a wider perspective, pointing out that the
organizers of sporting events have a responsibility to prevent not only people being
trafficked to provide sexual services to fans, but also trafficking in the context of
construction and the production of merchandise for sale at the events.
C.
Existing international and regional legal frameworks and initiatives on
addressing demand
1.
International legal and policy frameworks and initiatives
20.
The fundamental international instrument containing specific provisions on demand
is the Trafficking in Persons Protocol. Its article 9, paragraph 5, states that States parties
shall adopt or strengthen legislative or other measures, such as educational, social or
6
7
8
6
Demand Side of Human Trafficking in Asia: Empirical Findings (Bangkok, 2006), p. 3.
Ibid., pp. 2–3.
See Terre des Hommes and United Nations Children‟s Fund (UNICEF), Action to prevent child
trafficking in South Eastern Europe: A preliminary analysis (2006).
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