A/HRC/38/45
operating procedures or their correct implementation, which contribute to the nonidentification and misidentification of victims and possible victims of trafficking in transit
to their destination. 30 The varying knowledge concerning counter-trafficking among
immigration case officers and other authorities, health-care providers and NGOs, and the
lack of communication between stakeholders, further impact the practical implementation
of the activities envisaged in the standard operating procedures.
34.
Moreover, refugees and migrants in transit countries are often not willing to report
their exploitation, as their priority is to continue their journey to their intended country of
destination. Those in irregular migration situations have limited avenues to seek redress in
the event that exploitation occurs, because of threats to them or their family members from
traffickers. The risk of becoming stranded, arrested, detained or deported also makes them
reluctant to complain or seek the support of the relevant authorities or other stakeholders. 31
35.
These challenges are further exacerbated by the hostile political climate towards
migrants, including asylum seekers and refugees, and by the fact that the identification of
trafficked persons is not perceived as a protection priority in the context of mixed
migration.32 As migrants find themselves stranded in transit countries owing to a lack of
financial means and a lack of safe and legal ways to continue the journey to their intended
country of destination, or in destination countries with no access to the regular labour
market, often the only option available to them is to resort to traffickers or dubious
intermediaries, who offer exploitative working conditions.
36.
Specific challenges have been reported in relation to individual regions. In many
European countries, screening and identification procedures/activities remain insufficient
and incomprehensive. Moreover, few countries seem to have specific indicators on
vulnerability for the target group in place. Early identification among migrants and refugees
is also not mandatory or not part of formal procedures.33 Other challenges include a lack of
facilities, the fact that temporary residence permits for trafficked persons — and
consequently protection and assistance measures — are linked to police investigation and
the legal qualification of the crime. Other factors contributing to misidentification include
the disconnect between asylum and migration actors and procedures, on the one hand, and
anti-trafficking actors and procedures, on the other; receiving a negative decision in the
asylum or family reunification procedure; long waiting periods within the asylum
procedure; having an undocumented immigration status; uncertain legal status during the
journey; and delays in the appointment of a guardian, and/or guardians’ insufficient
capacity to appropriately care specifically for unaccompanied and separated children. 34
37.
In El Salvador, some of the challenges related to lack of identification, especially in
relation to cases of forced labour and labour exploitation, stem from a sort of
“normalization” of conditions of exploitation of the working class, especially the most
vulnerable ones, such as indigenous groups, women, children and migrants, who are less
keen to report cases of exploitation for fear of reprisals. 35
38.
Lack of identification of victims or potential victims of trafficking is also linked to
the use of profiling, which tends to categorize women and children as victims, excluding
men from protection measures. For example, in Lebanon, Syrian single male refugees are
disproportionately targeted by both governmental authorities and host communities because
they are perceived as a security threat. They therefore rely upon negative coping strategies
to maintain their immediate safety, which exposes them to exploitation and abuse,
especially in the labour market. Both in cases of threats to personal safety and exploitation
30
31
32
33
34
35
10
Healy and Forin, “Trafficking along migration routes”.
Ibid., and submission of La Strada International.
Healy and Forin, “Trafficking along migration routes”.
Submission of La Strada International.
Healy and Forin, “Trafficking along migration routes”.
IOM, “Trata de Personas con fines de explotacion laboral en Centro America: El Salvador” (2011),
p. 29. Available at
http://plataformadeaprendizaje.iom.int/pluginfile.php/12468/mod_resource/content/11/Trata_de_pers
onas_el_salvador.pdf.
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