A/HRC/26/37
68.
As UNODC has noted, these questions are important because to characterize certain
conduct as “trafficking” has significant and wide-ranging consequences for States, for the
alleged perpetrators of that conduct and for the alleged victims. It is also highly significant
for organizations and agencies that are engaged in fighting “trafficking”. UNODC identifies
“a tension between those who support a conservative or even restrictive interpretation of the
concept of trafficking and those who advocate for its expansion. The complex and fluid
definition in the Protocol provides justification for both perspectives and has contributed to
ensuring that such tensions remain unresolved”.19
B.
Strengthening the accountability of non-State actors and involving
civil society
69.
Another key challenge is the extent of the involvement of civil society and the
community in combating and preventing trafficking in persons. The experience of the
mandate has underlined the critical role that civil society must play in the response to
trafficking at the national, regional and international levels. The Special Rapporteur has
often noted tensions between civil society groups working on trafficking and Governments,
and this needs to be better managed so that civil society organizations can contribute
effectively.
70.
The Special Rapporteur has repeatedly recognized the power of the media in raising
community awareness of trafficking in all its forms and also informing vulnerable groups
about certain migration risks. However that power makes it particularly important that
media treatment of the issue of trafficking is both accurate and appropriate. The mandate
has noted repeated examples of media sensationalism, manifested for example through a
prurient and overly narrow focus on sexual exploitation. Other problems that are regularly
encountered include the failure to adequately protect the privacy of victims; stigmatization
of victims; and fostering confusion between trafficking and other phenomena, such as
irregular migration and migrant smuggling.
C.
Involving victims and vulnerable groups
71.
The Special Rapporteur has consistently sought to engage victims in all aspects of
her work and is of the view that the mandate has benefited enormously from this approach.
Respondents to the questionnaire affirmed this finding, emphasizing the importance of the
mandate focusing on the real experiences of victims and drawing on strong, evidence-based
research. Several respondents identified the efforts of the Special Rapporteur to give a
voice to victims, including at the Human Rights Council and the General Assembly, as a
major achievement.
D.
Improving compliance mechanisms at the national, regional and
international levels
72.
The mandate has drawn attention to worrying gaps between the obligations of States
with regard to trafficking (what States are required to do or refrain from doing) and the
extent to which those obligations are met in practice (what actually happens). This is
particularly the case with regard to the rights of victims that, despite being protected by
19
UNODC, “Abuse of a position of vulnerability and other ‘means’ within the definition of trafficking
in persons”, issue paper (Vienna, 2013), p. 1.
19
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