A/HRC/38/45
using similar means of travel, and for various and often interrelated reasons. 1 People do not
necessarily enter mixed migration movements as trafficked persons, but might become
trafficked during their journey or when they reach a transit or destination country. Their
migration might have started out independently or using the services of a smuggler, but
then turned into trafficking at a later stage.
8.
Challenges related to the identification and protection of victims of trafficking in
persons in the current migration context have not been adequately addressed either at the
national, regional or international levels, where Member States are currently negotiating a
global compact on refugees and a global compact for safe, orderly and regular migration.
Specifically, the so-called migration “crisis” in Europe and elsewhere has exposed serious
protection gaps, and State responses demonstrate that the protection of victims or potential
victims of trafficking in persons is not often prioritized when countries face irregular
migration movements, and is geared towards responding to the needs of the victims of
particular categories (mostly the sexual exploitation of women and children).
9.
Early identification is being defined as comprising both proactive informal processes
as well as a formal process of screening persons to detect indications of trafficking in
persons, or of vulnerabilities to trafficking and/or exploitation. Early identification should
not be regarded as a one-step process. Experience from the field has shown that victims
often do not come forward at first contact with assistance providers, much less at first
contact with law enforcement authorities, especially when they have suffered severe forms
of exploitation. Identification is possible when a safe space and a relationship of trust have
been created to allow victims to share a traumatizing experience. It is therefore difficult to
successfully identify victims of trafficking at arrival areas — such as disembarkation points
of search and rescue operations, hotspots or airports — as well as in transit countries, due to
little awareness of the indicators of trafficking in persons and of victims’ needs among first
responders, and an unwillingness from the potential victims themselves to be identified and
registered in a country that is not their intended country of destination.
IV. International and policy framework
10.
Under the Palermo Protocol, States are required to prevent trafficking, to investigate
and prosecute traffickers and to assist and protect trafficked persons with full respect for
their human rights. A failure to identify a trafficked person correctly is likely to result in a
further denial of that person’s rights. In the Recommended Principles and Guidelines on
Human Rights and Human Trafficking of the Office of the United Nations High
Commissioner for Human Rights, 2 States are therefore called upon to ensure that such
identification does take place. Similar obligations on the need to establish identification
guidelines and procedures are also enshrined in regional conventions. 3
11.
The Convention on the Rights of the Child and its Optional Protocol on the sale of
children, child prostitution and child pornography prohibit trafficking in children for any
purpose. They call upon States to develop and adopt proactive identification measures for
the rapid identification of trafficked children and to establish the presumption that, pending
verification of their age, children should be treated as such.
12.
In addition, the 1951 Convention relating to the Status of Refugees and its 1967
Protocol provide for specific protection guarantees for asylum seekers and refugees, which
may include victims and potential victims of trafficking by prohibiting, inter alia, their
return or expulsion to the territories where their lives or freedom would be threatened on
account of their race, religion, nationality, political opinion or membership to a particular
social group.4 Moreover, the obligation of States to identify and protect victims of forced
1
2
3
4
4
See A/HRC/29/38, para. 11.
Available at www.ohchr.org/Documents/Publications/Traffickingen.pdf.
ASEAN Convention against Trafficking in Persons Especially Women and Children and the Council
of Europe Convention on Action against Trafficking in Human Beings.
See Office of the United Nations High Commissioner for Refugees (UNHCR), Guidelines on
International Protection No. 7 (2006), available at
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