A/HRC/10/16
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“The recruitment, transportation, transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception,
of the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation. Exploitation shall include at minimum, the
exploitation of the prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or the removal of
organs.”
15. The definition of trafficking covers the use of minors for commercial sexual activity even
if there is no force, fraud, or coercion. It also covers persons who are held against their will to
pay off a debt, a practice known as peonage. A victim’s initial agreement to travel or perform
labour does not allow an employer to later restrict that person’s freedom or to use force or threats
to obtain repayment. Trafficking in persons can be considered from a number of different
perspectives, including human rights, crime control and criminal justice, migration, and labour.
An integrated approach that places human rights at the core of all efforts is most desirable as far
as the mandate of the Special Rapporteur is concerned and in order to achieve meaningful and
sustainable change in addressing the problem.
16. The scope of the Special Rapporteur’s mandate covers all the forms and manifestations of
trafficking, and therefore includes:
(1)
Trafficking in children - children who are trafficked for sexual purposes, adoption,
child labour (e.g. domestic work, babysitters/nannies, begging, criminal activities
like selling drugs, etc.), and participation in armed conflict - mercenaries/child
soldiers, sex slaves. The initial belief that only girl children were being trafficked for
sexual purposes no longer holds true as the incidence of young boys being trafficked
and sexually exploited through unsuspecting areas like sports is fast gaining ground;
(2)
Trafficking in men for forced labour and other exploitation - not much attention has
been paid to this form of trafficking but the reality is that it is also becoming
rampant. Men and boys in particular are trafficked for labour exploitation in
construction work, in agriculture, and also in fishing and mining;
(3)
Trafficking in women and girls for forced marriage, forced prostitution, sexual
exploitation and forced labour (including domestic work, working in factories and
mines and other forms of labour) - understandably, much attention has been paid to
sex trafficking and available data on trafficking in persons are mainly on this aspect.
The Special Rapporteur will explore further trafficking of women for labour
exploitation, especially in domestic work and other sectors;
(4)
Trafficking in human beings for organs, human body parts and tissue - obtaining
facts and figures on this form of trafficking is quite challenging, but it is becoming a
growing trend with a ready market, and needs to be studied closely with a view to
framing appropriate interventions;
(5)
There are other forms that have been sporadically recorded, such as trafficking in
persons for ritual purposes as well as trafficking of prisoners.
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