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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