A/HRC/38/45
incidents, male refugees reported not seeking help from authorities owing to lack of
confidence that justice would be afforded to them.36
39.
Generally, the link between migrants’ vulnerabilities to labour exploitation and
trafficking has not been acknowledged. On the contrary, it is ignored or culturally accepted,
such as the reported cases of exploitation of migrant workers in the agricultural sector in
Southern Europe, and in other informal sectors where migrants, and especially irregular
migrants, are more exposed to exploitative conditions, including the agriculture,
construction and textile industries. In those sectors, women are also targets for labour
exploitation. Indeed, situations have also been reported in which women are exploited from
a labour perspective in fields during the day, then exploited sexually during the night.37 In
addition, the business practices of recruitment intermediaries, who are largely unregulated
or informal, such as the charging of fees to migrant workers or the arrangement of unclear
and informal working arrangements, are still largely viewed as common rather than abusive
conditions of work.
C.
Identification in countries of destination
40.
Migrants in vulnerable situations in countries of destination remain of concern to
assistance providers. Lack of protection, inadequate housing solutions and limited or lack
of legal residence or employment are some of the issues raised and which impact on the
identification of victims and potential victims of trafficking from among migrants. This
lack of protection or assistance resources continues to increase the risk of migrants to
exploitation, amounting in some cases to trafficking in persons. 38
41.
Concerning the identification of children, child protection services are often not
trained to identify and establish a specific protection programme for child victims of
trafficking. As a consequence, adults accompanying children are identified as family
members or guardians, while in reality may be linked to the traffickers, or children may be
placed in centres with little protection, to be picked up by a trafficker at a later stage. 39
42.
In addition, a lack of adequate response in the country of destination increases the
risk that refugees and migrants will be returned to the first country of arrival or their
country of origin. As a consequence, people on the move often prefer to remain in an
irregular situation rather than being identified and therefore registered through a formal
procedure.40 Meanwhile, asylum procedures offer an opportunity to detect indications of
trafficking, in addition to or as an alternative to grounds for international protection,
eventually leading to a referral to services on the grounds of trafficking or risk of
trafficking. Therefore, following existing good practices, it is absolutely necessary to train
asylum staff to detect trafficking indications and cooperate with NGO service providers. 41
43.
As noted above, refugees and migrants are not likely to discuss their situation during
first arrival interviews or in their encounters with different services along their journey
through transit countries. In many cases, experiences of exploitation and trafficking in
persons will only be shared at a later stage of the journey and not necessarily on arrival at
the destination country. Such information is more likely to be shared in the context of a
long-established relationship with a service provider that might not be originally mandated
to perform identification, for example, health providers or protection actors. An exclusive
focus on identification by border or other front-line officials might not provide the desired
results. On the contrary, it would be more beneficial to train and raise awareness among a
36
37
38
39
40
41
International Rescue Committee, “Vulnerability assessment of Syrian Refugee Men in Lebanon”
(2016). Available at
www.rescue.org/sites/default/files/document/464/irclebanonrefugeemensvulnerabilityassessment.pdf.
Submission of Proxima NGO.
Submission of La Strada International.
Submission of Swedish Platform Civil Society against Human Trafficking.
Ibid.
See for example, www.unhcr.it/wp-content/uploads/2018/02/Linee-Guida-identificazione-vittime-ditratta.pdf.
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