A/HRC/26/37
including United Nations bodies, intergovernmental organizations, national human
rights institutions and civil society, surveyed as part of the preparation for this report
have affirmed the positive impact of the mandate on their work and on the antitrafficking sector as a whole. They have drawn particular attention to the
contribution of the Special Rapporteur to standard-setting; to mainstreaming human
rights into the anti-trafficking discourse; and to drawing attention to emerging and
less well-known forms of trafficking.
77.
On this basis, the Special Rapporteur offers the following recommendations for
the Human Rights Council and future mandate holders.
78.
The Human Rights Council should:
(a)
Continue the mandate, in recognition of the prevalence of trafficking in
persons and the need for longer-term strategies with a human rights-based approach;
(b)
Consider abbreviating the title of the mandate by removing the specific
reference to women and children. While that reference is part of the title of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children, it may deflect attention from the reality that trafficking is a problem
affecting men as well as women and children. However, the substance of the mandate
as set out in Human Rights Council resolution 8/12: “to promote the prevention of
trafficking in persons in all its forms and the adoption of measures to uphold and
protect the human rights of victims” has proved to be a sound one that requires no
substantial modifications.
79.
Future mandate holders could focus on conceptual and definitional overlaps;
the consequences of a human rights-based approach to trafficking; measuring the
impact of anti-trafficking interventions, corruption and trafficking; and the
effectiveness of victim identification tools. They should:
(a)
Consider undertaking studies in relation to emerging areas of concern,
such as (i) illicit recruitment practices, (ii) trafficking in men for forced and
exploitative labour, (iii) trafficking for forced begging and criminal activities, (iv)
trafficking for forced or servile marriage and (v) return and the risk of retrafficking.
They should consider giving further attention to trafficking in persons for the removal
of organs in continuation of the initial work undertaken by the Special Rapporteur;
(b)
Continue the cooperation between the mandate and international and
regional and national mechanisms to combat trafficking in persons, in consultation
with victims;
(c)
Consider collaborating with the Special Rapporteurs on contemporary
forms of slavery, including its causes and its consequences, on the sale of children,
child prostitution and child pornography, and on the human rights of migrants, to
capitalize on common interests and approaches;
(d)
Continue promoting implementation of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and Children, and
relevant regional instruments, as well as other standards and policies related to
trafficking in persons, including endorsing the draft basic principles on the right to an
effective remedy for trafficked persons and encouraging States to incorporate them
into domestic legislation;
21
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