A/HRC/10/16
page 17
47. The Recommended Principles on Human Rights and Human Trafficking reiterate the
following:
(1)
The primacy of human rights: “The human rights of trafficked persons shall be at the
centre of all efforts to prevent and combat trafficking and to protect, assist and
provide redress to victims ... anti-trafficking measures shall 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.”
(2)
Preventing trafficking: “Strategies aimed at preventing trafficking shall address
demand as a root cause of trafficking”; and “States and intergovernmental
organizations shall ensure that their interventions address the factors that increase
vulnerability to trafficking, including inequality, poverty and all forms of
discrimination.”
(3)
Protection and assistance: “States shall ensure that trafficked persons are protected
from further exploitation and harm and have access to adequate physical and
psychological care. Such protection and care shall not be made conditional upon the
capacity or willingness of the trafficked person to cooperate in legal proceedings.”
Importantly, “trafficked persons shall not be detained, charged or prosecuted for the
illegality of their entry into or residence in countries of transit and destination, or for
their involvement in unlawful activities to the extent that such involvement is a direct
consequence of their situation as trafficked persons”.
(4)
Criminalization, punishment and redress: “States shall adopt appropriate legislative
and other measures necessary to establish, as criminal offences, trafficking, its
component acts and related conduct. States shall effectively investigate and
adjudicate trafficking, including its component acts and related conduct, whether
committed by governmental or by non-State actors. ... States shall ensure that
trafficked persons are given access to effective and appropriate legal remedies.”
C. Raising awareness, including on the root causes of
trafficking in persons
48. There is need to raise awareness to prevent trafficking. Obviously, many victims are lured
into being trafficked by prospects of jobs and better living opportunities in destination countries.
49. Growing poverty and high youth unemployment in many countries of origin have
increased vulnerability to trafficking. Restrictive immigration laws and policies are obstacles to a
large supply of human power from source countries to meet the high demand for cheap labour in
host countries. This helps generate a lucrative market for traffickers.19
19
BEST PRACTICE - Report of the Expert Group on Strategies for Combating Trafficking of
Women and Children, Commonwealth Secretariat, 2003, p. 17.
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