A/HRC/44/45 A. Moving away from the traditional identification model towards early support for trafficked persons, including in the context of mixed migration movements 18. As stated in the Recommended Principles on Human Rights and Human Trafficking, a failure to identify a trafficked person correctly is likely to result in a further denial of that person’s rights.20 However, throughout the Special Rapporteur’s research, she has noted a general lack of dedicated procedures to promptly and proactively identify and protect victims and potential victims of trafficking, especially in mixed migration flows and with respect to labour exploitation. She has extensively expressed her concerns about the increasing tendency to place migration within the law enforcement paradigm and to present restrictive migration-related measures as part of the fight against organized crime, including trafficking in persons, with little attention paid to the human rights implications of such policies against migrants and trafficked persons. 19. Indeed, despite a clear legal distinction between smuggling and trafficking in international binding instruments, the differences between the two crimes are increasingly blurred in mixed migration movements, as people do not necessarily start their migration process as trafficked persons but might become trafficked during their journey or when they reach a transit or destination country. The Special Rapporteur has also strongly condemned any attempt to criminalize civil society organizations and private individuals engaged in humanitarian action aimed at rescuing lives and acting in solidarity with migrants, as such actions should never be treated as promoting irregular migration. 20. All over the world, civil society organizations are playing a pivotal role in saving lives and protecting people from trafficking, during search and rescue operations and on arrival in transit and destination countries, including in relation to identification during large mixed migration movements. However, despite the efforts made, early support for victims or potential victims of trafficking and detection of the indicators of vulnerabilities are not prioritized, particularly during a large influx of migrants. As a consequence, this leads to further revictimization and exposure to different forms of exploitation in transit and destination countries. 21. Moreover, in origin, transit and destination countries, the business practices of recruitment intermediaries, who are largely unregulated or informal, such as the charging of fees to migrant workers or the arrangement of unclear and informal working arrangements, are still largely viewed as common, rather than abusive conditions of work. The result is that migrants are often reduced to situations of extreme exploitation in inhuman working and living conditions. 22. Restrictive migration policies primarily aimed at returning migrants to their countries of origin make it very difficult for undocumented migrants, including trafficked persons and people at risk of trafficking, to be identified, as they often prefer to remain in an exploitative situation rather than be deported to their country of origin, where they would face stigmatization and discrimination for their failed migration project and/or for having been involved in prostitution/sex work and where they would most likely fall back into the cycle of poverty and run the risk of being trafficked again. 23. Against this background, the Special Rapporteur has recommended the adoption of an innovative approach, based on indicators of vulnerabilities to trafficking and ensuring early support, in her report on early identification, referral and protection of victims and potential victims of trafficking in persons in mixed migration movements.21 20 21 6 See guideline 2. See also basic principles on the right to an effective remedy for victims of trafficking in persons (A/69/269, annex), para. 7 (b). See A/HRC/38/45.

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