A/HRC/23/48
D.
Overview of existing approaches and measures undertaken by States
and other stakeholders
35.
While there is wide consensus that addressing demand for labour and services
provided by trafficked persons plays a critical role in preventing trafficking in persons, the
term “demand” is not defined in sufficient detail in existing legal instruments and the
interpretation of the term has been the subject of much debate.
36.
Although States reporting on the measures taken to discourage demand have
reported on a wide range of methods, including some intended to address supply, 12 the
Special Rapporteur recognizes that not all prevention measures, even those specifically
affecting the places where trafficked persons are exploited, should be regarded as measures
to discourage demand. Further, in the debate about what to do to discourage demand, many
stakeholders have focused exclusively on demand for commercial sexual exploitation,
particularly of women and girls, and neglected other forms of demand, such as demand for
exploitative labour and organs.
37.
The Working Group on Trafficking in Persons of the Conference of the Parties to the
United Nations Convention against Transnational Organized Crime has reviewed some of
the measures which States have taken to discourage demand. Details about the measures
implemented by 33 States were reported to the sixth session of the Conference of the
Parties to the Convention (15–19 October 2012). In addition to mentioning general
measures to combat trafficking in persons, several States provided information on their
labour laws and codes, which they felt reduced trafficking in persons for forced labour.
Some pointed out that they had adopted specific legislation regulating working conditions,
especially for foreign workers. Some made reference to specific legislation to address the
issue of demand by establishing the responsibility of employers for the management of their
supply chains. A few States reported that they had addressed the issue of demand by
adopting legislation prohibiting the advertisement of sexual services and criminalizing the
purchase of sexual services. Those States commented that such legislation was aimed at
eliminating the main pull factors in trafficking persons for sexual exploitation. Some States
reported establishing monitoring mechanisms with a specific focus on: the conditions of
employment of women, youth and foreign workers hired on a temporary basis; assessing
the authenticity of job offers, especially job offers for foreign workers, whether temporary
or not; and ensuring the mandatory compliance of employers with the established rules and
regulations of employment.13
38.
Following its second meeting in 2010, the Chair of the Working Group on
Trafficking in Persons of the Conference of the Parties to the United Nations Convention
against Transnational Organized Crime noted the range of measures for States parties to
take:
“States parties should adopt and strengthen practices aimed at discouraging demand
for exploitative services, including considering measures to regulate, register and
license private recruitment agencies; raising the awareness of employers to ensure
their supply chains are free of trafficking in persons; enforcing labour standards
through labour inspections and other relevant means; enforcing labour regulations;
12
13
10
See report of the Secretariat Conference of the Parties to the United Nations Convention against
Transnational Organized Crime on best practices for addressing the demand for labour, services or
goods that foster the exploitation of others, CTOC/COP/2012/4.
Ibid., paras. 9–11 and 16.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents