A/HRC/38/45
groups and has not proven effective, as a very modest number of victims have been
identified and protected in countries of first arrival.
68.
In addition, officials in the places of first arrival often lack the capacity to
identify quickly and at an early stage factual indicators of vulnerabilities, including to
trafficking, and assess the credibility of the narrative of the person. Such officials
should be trained to interview individuals using an appropriate and human-rights
based methodology, check the credibility of their narrative and identify the most
appropriate protection channel without infringing the right to apply for asylum or
other forms of international protection. On the other hand, identification of trafficked
persons and persons at risk from among asylum seekers should be integrated into
asylum procedures.
69.
Finally, the Special Rapporteur wishes to raise an alarm about the fact that
results have been very modest regarding identification and assistance of trafficking
victims and potential victims in the context of mixed migration movements. Therefore,
an innovative model is needed, not primarily based on police operations or the
decision-making of immigration authorities, but rather based on the assessment of
every individual’s background and personal conditions, in cooperation with civil
society organizations. This entails the consideration of new protection schemes that
should be focused not only on early identification of trafficking victims but also on a
mechanism for the early referral and protection of persons in vulnerable situations.
Refugees, asylum seekers and migrants in vulnerable situations are always at a high
risk of falling prey to traffickers.
B.
Recommendations
70.
In view of States’ legal responsibility to identify, protect and assist victims and
possible victims of trafficking in persons, especially women and children, in all
circumstances, including in the context of mixed migration flows, the Special
Rapporteur offers the recommendations below.
71.
In relation to the protection of refugees, asylum seekers and migrants in
vulnerable situations, including victims and potential victims of trafficking in persons,
States should:
(a)
Ensure that human rights are at the centre of efforts to address
migration in all its phases, including responses to large and mixed movements,
through the ratification and implementation of international and regional human
rights instruments;
(b)
Establish safe and legal migration channels, respecting the principle of
non-refoulement and ensuring that migrants have access to the regular labour market
in the host country, in cooperation with United Nations agencies and programmes and
international organizations;
(c)
Ensure that appropriate laws and procedures are in place to enable
actors to protect and assist refugees and migrants, and review and suspend, amend or
repeal any laws or other measures that have a negative or disproportionate impact on
the human rights of refugees and migrants;
(d)
Ensure that national legal frameworks and policies as well as
bilateral/multilateral cooperation uphold and strengthen the effectiveness of the
search and rescue regime, in accordance with international law and standards. Ensure
that organizations and individuals who rescue or assist people on the move are not
criminalized or otherwise punished for doing so. Ensure that people who are rescued
at sea or land are not returned to a country where they may be at risk of trafficking or
other human rights violations.
72.
The Special Rapporteur also offers the recommendations below to improve
identification of victims and potential victims of trafficking on arrival, transit or
destination.
17
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