A/HRC/44/45 trafficked persons and people at risk of being trafficked or retrafficked, including with a view to ensuring their full social inclusion. 63. The private sector has a responsibility under international law to act with due diligence to prevent trafficking, to establish effective procedures to identify cases of trafficking and forced labour in their operations and supply chains, and to provide redress to workers found in exploitative situations, in cooperation with trade unions, civil society organizations and, if appropriate, with the Governments of countries in which the exploitation occurred. 64. Anti-trafficking measures should 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. Trafficked persons should not be placed in immigration detention, and their freedom should not otherwise be restricted for security or other reasons. Administrative detention of children should be banned at all times. Preventing trafficking in persons, including in mixed migration flows and in the context of conflict 65. States should: (a) Address the demand for commercial sexual services and for cheap labour, which is a driving factor of trafficking; (b) Ensure that State interventions address the factors that increase vulnerability to trafficking, including inequality, poverty, all forms of discrimination, and restrictive or even xenophobic immigration regulations; (c) Establish safe and legal migration channels, respect the principle of nonrefoulement and ensure that migrants, including victims and potential victims of trafficking, have access to the regular labour market in the host country in a nondiscriminatory manner; (d) Establish a clear firewall between labour inspectors, immigration control and law enforcement and ensure that labour inspection is proactive and adequately resourced; (e) Exercise due diligence in identifying and eradicating public sector involvement or complicity in trafficking. All public officials suspected of being implicated in trafficking should be investigated, tried and, if convicted, appropriately punished; (f) Establish obligations for companies to identify, analyse and mitigate the risks of trafficking and forced labour resulting from their own activities, from the activities of the companies they control, and from the activities of subcontractors and suppliers with whom they have an established commercial relationship. States should establish obligations for companies to adopt vigilance plans to address risks. Parent companies should be held liable for the harm caused by their failure to comply with such obligations; (g) Incentivize due diligence by rewarding companies that implement social compliance policies and show evidence of having reduced the risks of trafficking, forced labour and exploitation; (h) Regulate labour recruiters and recruitment practices in line with the International Labour Organization’s general principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs and the International Organization for Migration/International Recruitment Integrity System Standard, especially concerning the prohibition of the payment of recruitment fees by workers. (i) Address with appropriate means, especially in the field of education and awareness-raising, discriminatory approaches and patriarchal social norms that increase women’s and girls’ vulnerabilities to trafficking, including by addressing 15

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