A/HRC/26/37
VII. Contribution of the mandate to key conceptual and legal
gains
A.
A broader focus
62.
The past decade has been one of great development and change. With the benefit of
an agreed definition of trafficking in persons, new international, regional and national laws,
clearer policies and heightened political commitment, the mandate has been able to make a
critical contribution at a unique moment in time. It has actively embraced and advocated for
the definition of trafficking that is now enshrined in international law through the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
and other instruments and is reflected in the law of many States. This approach has been
instrumental in helping to expand the focus of international and national anti-trafficking
efforts beyond the previous focus on trafficking for the exploitation of prostitution and
contributing to greater conceptual clarity around the parameters of the definition of
trafficking. In their responses to the questionnaire, a number of States and organizations
highlighted the substantial contribution of the mandate to expanding the discourse around
trafficking. This expansion was noted in relation to: (a) identification and exploration of
different forms of exploitation related to trafficking and (b) consideration of different
avenues and actors that could or should play a role in preventing or responding to
trafficking.
B.
Greater clarity regarding the rights of victims
63.
It is one thing to assert the human rights of victims of trafficking and another to
specify, with a sufficient level of detail, what those rights actually are and what obligations
they impose on States. That process is essential, because it is only through such certainty
that it becomes possible to assess the extent to which a particular situation, initiative or
response is in conformity with international human rights law. The task is made somewhat
more difficult by the fact that the central international instrument relevant to trafficking, the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children, is not clear on the issue of the rights of victims. There are general references to
human rights in the Protocol and it includes a number of obligations that may be understood
as intended to protect victims. However, on its own, it makes little headway in establishing
the precise nature of the entitlements of victims and how these should be met. It is also
relevant to note that, when the mandate was first instituted, the international human rights
system itself had not contributed substantially to clarifying the substantive content of
relevant rights and obligations. While there was regular condemnation of the human rights
violations associated with trafficking, the practice was rarely linked to the violation of a
specific right in a specific treaty.
64.
Throughout all aspects of its work, from country missions to thematic studies, the
mandate has helped to confirm and promote awareness of those important rights.
Respondents to the questionnaire sent to Member States and other actors by the Special
Rapporteur confirmed that the work of the mandate in this area was one of its most
significant achievements.
C.
Greater clarity regarding the obligations and responsibilities of States
65.
Respondents to the questionnaire noted that the mandate had also directly
contributed to confirming and disseminating the obligations of States with respect to their
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