A/HRC/15/27
Protocol. Speakers noted that the Recommended Principles and Guidelines on Human
Rights and Human Trafficking added an important human rights dimension to that by
emphasizing, for example, the rights of suspects and the requirements of a fair trial, and the
need to ensure that victims of trafficking could use the legal system to secure remedies for
the harm that had been caused to them.
32.
Specific issues also raised by participants included: the ongoing problem of a lack of
understanding of trafficking among officials and the community; the need for specialist
agencies, including investigators and courts; the important role played by law enforcement
in protecting victims of trafficking; the need to address demand; the rights of trafficked
persons upon their return and the need to monitor such returns; the detention of victims of
trafficking; and the importance of ensuring that responses to trafficking were consistent
with international human rights standards. Good practices identified by participants
included non-conditional provision of assistance; measures to ensure the protection of
victim identity; and training of criminal justice officials to increase professionalism and
integrate an understanding of human rights.
33.
As with the previous panel, the three panellists each provided a brief response at the
conclusion of the plenary debate. Ms. Kane stressed the importance of raising awareness at
the village level about existing laws that prohibit trafficking, and the need to provide
educational campaigns among vulnerable populations. She also underscored the importance
of respecting victims – providing them with the opportunity to speak of their experiences
and to access justice. Mr. Brattvik highlighted the link between practices of trafficking and
financial benefits for traffickers. He emphasized the importance of a human rights-based
approach to investigations and prosecutions. Ms. Dyer reiterated the point that prosecutors
had a central role to play in an effective criminal justice response to trafficking. Improving
prosecutor awareness and understanding would be vital to ensuring victim rights and
redress.
34.
As the respondent for the second session, Ms. Maria Grazia Giammarinaro, OSCE
Special Representative and Co-ordinator for Combating Trafficking in Human Beings,
identified partnerships between criminal justice agencies and civil society as a central
component of an effective criminal justice response. She pointed out that the criminal
justice aspect was, of course, only one part of an effective national response. Even a vastly
improved response in that area would not be able to fully address a problem as complex and
widespread as trafficking. The respondent stressed the need for more rigorous and uniform
victim identification and assistance procedures, guided by the principles of respect for the
rights of victims, unconditional assistance, and social inclusion as the final outcome. There
was an urgent need to address and avoid secondary victimization, which was an unfortunate
and common side effect of many interventions. The respondent exposed several common
misconceptions and assumptions: that the rights of victims were sufficiently protected by
simply respecting criminal procedure rules; and that victims’ rights and the interests of the
prosecution would coincide. Ongoing and institutionalized training of all criminal justice
officials was an essential aspect of any serious effort to develop an effective and rightsbased criminal justice response to trafficking.
D.
Panel 3: Opportunities and challenges in relation to prevention
35.
The Chair for the second day of the session, the Chief of the OHCHR Rule of Law,
Equality and Non-discrimination Branch, introduced the speakers for the third panel: Ms.
Zohra Rasekh, member of the Committee on the Elimination of Discrimination against
Women; Ms. Ludy Green, advocate for financial independence for victims and their
children and founder of Second Chance Employment Services, and Ms. Pregaluxmi
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