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 6

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