A/HRC/15/27
A.
Introduction to the Recommended Principles and Guidelines on Human
Rights and Human Trafficking
15.
The OHCHR Adviser on Trafficking commenced the session by introducing
participants to the Recommended Principles and Guidelines on Human Rights and Human
Trafficking. The Adviser noted that the Principles and Guidelines had withstood the test of
time; over the past eight years they had enjoyed increasing support from States,
international organizations and civil society. The Principles and Guidelines were cited in
interpretative texts for both the Trafficking Protocol and the Council of Europe Convention
on Action against Trafficking in Human Beings (2005). They were referred to in many
regional policy documents and had been used extensively by States to evaluate their
responses and to develop new laws and approaches to trafficking. The concept of a rightsbased approach to trafficking was outlined, noting the importance of focusing not just on
rights but also on obligations of States and others. The Adviser pointed out that a rightsbased approach to combating trafficking meant that its conceptual framework must be
normatively based on international human rights standards and operationally directed
towards promoting and protecting human rights. States needed practical guidance to put
that into practice. The victim should be at the centre of the approach and it was necessary to
analyse the obligations of States and redress the discriminatory practices that underlay
trafficking and maintained impunity for traffickers. There was also a growing recognition
that unconditional support and assistance to victims, advocated by the Principles and
Guidelines, made operational sense as it often ensured the victims’ cooperation in the
prosecution of their exploiters. The Adviser emphasized the strong connection between
trafficking and the violation of human rights, particularly for vulnerable groups, such as
women, children, migrant workers and asylum-seekers.
16.
Ms. Anne Gallagher, an international legal expert on trafficking in persons, affirmed
the important role that the Principles and Guidelines had played in guiding the development
of a comprehensive legal and policy framework around trafficking. She highlighted the
changes that had taken place over the past decade, including the growing acceptance of a
number of key principles that went to the heart of a rights-based response to trafficking. It
was currently widely accepted, for example, that trafficked persons should not be
criminalized or detained for status-related offences; that provision of support and assistance
should not be conditional on victims’ willingness or ability to testify; and that despite
trafficking often being a “private” violation, States were under a positive legal obligation to
diligently investigate and prosecute cases of trafficking in persons and provide victims with
access to effective remedies. The speaker expressed the view that States and the
international community must work to ensure that the strong legal framework that currently
existed around trafficking was translated into effective policies and practices that would
make a difference to the lives of the many individuals who were exploited for private profit.
B.
Panel 1: Opportunities and challenges in relation to victim protection
and support
17.
The first panel was composed of: Ms. Cecilia Quisumbing, one of the
Commissioners of the Commission on Human Rights of the Philippines; Ms. Ruchira
Gupta, founder and President of Apne Aap Women Worldwide; and Ms. Marta Requena,
Secretary of the Council of Europe’s Group of Experts on Action against Trafficking in
Human Beings (GRETA).
18.
Ms. Quisumbing reminded participants of the root causes of trafficking, including
poverty, inequality, discrimination and a lack of enjoyment of fundamental human rights. A
rights-based approach was important because it highlighted the role of the State as the
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