A/HRC/44/45
fuelled trafficking in persons.1 She carried out comprehensive research on the issue of child
trafficking in situations of conflict and humanitarian crisis jointly with the Special
Rapporteur on the sale and sexual exploitation of children, including child prostitution,
child pornography and other child sexual abuse material.2 She reflected on the gendered
dimension of trafficking in conflict and post-conflict settings and advocated for the
integration of a human rights-based approach to trafficking in the women and peace and
security agenda of the Security Council. 3 She was invited to participate in various open
debates of the Security Council in New York, to present her views on trafficking in persons
and the maintenance of international peace and security. She played a role in unpacking the
interlinkages between trafficking and migration, which culminated in the presentation of a
report on early identification, referral and protection of victims and potential victims of
trafficking in mixed migration movements. 4 Mindful that protection does not end with
identification and referral to the appropriate services, but needs to be translated into
meaningful social inclusion of survivors in societies, she also dedicated a thematic report to
innovative and transformative models of social inclusion of survivors of trafficking. 5 She
highlighted the importance of combating trafficking in persons in order to reduce labour
exploitation in business operations and supply chains. In this regard, she headed a threeyear project on strengthening the efforts of multi-stakeholder initiatives against trafficking
in persons, forced labour and severe forms of labour exploitation. To this end, she
extensively engaged with a wide range of actors, including non-traditional actors, such as
private sector companies, industrial coalitions and multi-stakeholder initiatives, as well as
trade unions. In addition to the publication of two reports on this subject, namely on
strengthening voluntary standards for businesses on preventing and combating trafficking
in persons and labour exploitation, especially in supply chains 6 and, most recently, on
access to remedies for victims of trafficking for abuses committed by businesses and their
suppliers, 7 in 2019, she facilitated a platform for dialogue among multi-stakeholder
initiatives and trade unions, bringing under a human rights approach umbrella a range of
actors that traditionally distrusted each other.
13.
The Special Rapporteur hopes that the recommendations put forward in the present
report, based on such extensive research and consultations, can guide not only States’
policies, but also the private sector, civil society organizations, United Nations agencies and
the international community as a whole, with the aim of ensuring the protection of
trafficked persons’ rights, including early and effective support, and their empowerment
and social inclusion as the ultimate goal of anti-trafficking action.
II. Obligation of due diligence under international human rights
law
14.
States’ obligations to prevent and combat trafficking stem not only from the
ratification of relevant international instruments but also from due diligence obligations
under international human rights law. In this light, the Special Rapporteur will stress some
innovative implications of due diligence obligations related to anti-trafficking action.
15.
Under international law, States are required to exercise due diligence to prevent
trafficking, to investigate and prosecute perpetrators, to assist and protect victims and to
ensure remedies.8 This derives from States’ positive obligation to protect individuals from
human rights abuses by private actors (e.g., individuals and corporations). Due diligence
obligations have been articulated in a number of areas applicable to trafficking in persons,
1
2
3
4
5
6
7
8
4
See A/71/303 and A/HRC/32/41 and Corr.1.
See A/72/164.
See A/73/171.
See A/HRC/38/45.
See A/HRC/41/46.
See A/HRC/35/37.
See A/74/189.
See generally A/70/260. See also the Recommended Principles and Guidelines on Human Rights and
Human Trafficking (E/2002/68/Add.1).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents