A/HRC/38/45
53.
Generally, the treatment of victims of trafficking deported to their countries of origin
is of concern. Victims are stigmatized, discriminated against, and some suffer from mental
health issues, which hinder them from communicating and trusting other people. 52 The
human rights impact of returns, especially mass returns, cannot be underestimated. For
instance, the deportation from Libya of 3,480 young Nigerians, mostly girls and women,
following the shocking video on slavery-trade markets, reveals that some victims of human
trafficking encounter considerable obstacles when they return home — on their arrival at
the airport, they are seen as undignified persons and isolated from the community due to the
fact that they were involved in prostitution/sex work.53
54.
European States are de facto delegating returns of migrants to FRONTEX, whose
budget has recently almost more than doubled specifically with regards to the
implementation of return procedures. FRONTEX implements this task, inter alia, by taking
into consideration the principle of non-refoulement throughout its activities, not allowing
returns of unaccompanied minors and providing training on fundamental rights to the teams
in charge of monitoring forced returns. However, it is alarming that States or regional
institutions lack clear guidelines in relation to the forced returns of potential victims of
trafficking that they might have failed to identify, considering also the rapidity and
inadequacy of identification during large mixed migration movements. It is even more
alarming that States are delegating the implementation of such procedures to a regional
institution such as FRONTEX, which cannot interfere in the decision-making over
individual cases. As a consequence, the final decision stays with national authorities, which
risks nullifying the efforts made by FRONTEX specialized teams to integrate a human
rights component.
55.
In other regions of the world, for example in South-East Asia, forced returns of
irregular migrants to countries of origin show similar challenges. High numbers of
suspected victims of trafficking are potentially present within forced return programmes,
but are not identified owing to a lack of appropriate mechanisms for screening indicators of
trafficking.54
E.
Role of referral mechanisms in early identification and assistance to
victims of trafficking
Cooperation mechanisms for referral of victims of trafficking in persons
56.
States use various means to fulfil their obligations to protect and promote the human
rights of trafficked persons, including promulgating anti-trafficking legislations and
policies such as national action plans, and establishing multidisciplinary coordinating
institutions and frameworks such as national referral mechanisms and standard operating
procedures to implement the Palermo Protocol and other anti-trafficking regional
instruments. While these cooperation mechanisms are designed to provide an effective way
to refer trafficked persons to comprehensive services in coordinated efforts between State
institutions and civil society organizations, they are not exempt of shortcomings in their
practical application. In the specific context of mixed migration movements, despite the
prominent role played by international organizations in identification, a lack of specific
international cooperation mechanisms hinders the referral of victims to local assistance
51
52
53
54
14
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000
0168063093c.
Submissions of Swedish Platform Civil Society against Human Trafficking and La Strada
International.
Austrian Centre for Country of Origin and Asylum Research and Documentation, Nigeria: COI
Compilation on Human Trafficking (December 2017), p. 36. Available at
www.refworld.org/pdfid/5a79c7114.pdf.
Ibid. p. 32.
ASEAN, Regional review on Laws, Policies and Practices within ASEAN relating to the
Identification, Management and Treatment of Victims of Trafficking, especially Women and Children
(2016), p. 134. Available at http://asean.org/storage/2016/09/ACWC-Regional-Review.pdf.
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