A/HRC/38/45 labour was also clearly established in the Protocol to the International Labour Organization Forced Labour Convention, 1930 (No. 29). Under the Protocol, Member States are bound to take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support. V. Early identification, referral and protection of victims or potential victims of trafficking in persons in mixed migration movements A. Identification of victims or potential victims of trafficking at first arrival areas 1. Identification during search and rescue operations and at disembarkation points 13. Since 2014, the Central Mediterranean route has been consistently considered as one of the deadliest for migrants and refugees. It is significant to note that, in terms of the proportion of rescues being undertaken in the Central Mediterranean area under the coordination of the Italian Maritime Rescue Coordination Centre, non-governmental organization (NGO) vessels rescued the most number of individuals. 5 14. In the specific context of search and rescue operations, the role and activities of NGOs in the Mediterranean have expanded and become specialized since 2014. While attempting to reduce the number of deaths and to fill the gap left by European States in complying with their international obligations, NGOs strive to save lives, despite their scarcity of means. The pressure they face to sign a “code of conduct”6 that de facto requires them to have a police presence on board their vessels, and the multiple attacks and defamation campaigns they have faced, have drastically circumscribed the activities of NGOs in the Mediterranean Sea, which is harmful for the protection of migrants. 7 The role of NGOs in search and rescue operations was further challenged in March 2018, when the Open Arms, a vessel owned by the Spanish NGO Proactiva, was seized by prosecutorial authorities in Catania and the NGO’s staff investigated on suspicion of promoting irregular migration. The boat, however, was subsequently released by a judicial order, while the investigation into the NGO’s activities continues. 15. While noting with appreciation the identification procedures established in cooperation between the International Organization for Migration (IOM), the police and a specialized team from the Prosecutor’s Office in Catania after disembarkation, which led to better protection of sexually exploited children and a significant increase in prosecutions related to trafficking cases, the Special Rapporteur underlines that a human rights approach must be consistently applied across the whole spectrum of activities dealing with migration. This implies that humanitarian action aimed at rescuing lives should never be undermined or treated as promoting irregular migration. 5 6 7 www.unhcr.org/publications/legal/443b626b2/guidelines-international-protection-7-applicationarticle-1a2-1951-convention.html. See www.guardiacostiera.gov.it/en/Pages/search-and-rescue.aspx. According to the Italian Coastguard, the stakeholders involved in search and rescue operations in the Central Mediterranean area under the coordination of the Italian Maritime Rescue Coordination Centre include the Italian Coastguard, the Italian Navy, merchant vessels (commercial and NGO vessels), foreign military ships, EU NAVFOR MED Sophia Operation, and the Italian Guardia di Finanza and Carabinieri. For example, the Italian Code of Conduct for NGOs Undertaking Activities in Migrants’ Rescue Operations at Sea 1 (2017). Available from www.avvenire.it/c/attualita/Documents/Codice%20ONG%20migranti%2028%20luglio%202017%20 EN.pdf. Submission of Duke University International Human Rights Clinic, entitled “Search and Rescue Activities in the Mediterranean and Trafficking in Persons”. 5