A/HRC/35/37
Conference convened by the International Centre for Migration Policy Development. She
also took part in an expert group meeting on key legal concepts within the definition of
trafficking in persons, convened by the United Nations Office on Drugs and Crime.
10.
The Special Rapporteur, together with the Foreign Trade Association and the
Electronic Industry Citizenship Coalition, co-organized a session on labour migration and
trafficking in supply chains, held during the 2016 United Nations Forum on Business and
Human Rights in November. The session was attended by representatives of the business
community, civil society organizations and Governments.
11.
On 25 November, the Special Rapporteur participated as a speaker at the high-level
event entitled “New ways to tackle human trafficking for forced labour along migration
routes”, organized by the Geneva Centre for the Democratic Control of Armed Forces, the
Organization for Security and Cooperation in Europe, the Federal Department of Foreign
Affairs of Switzerland, ILO, IOM, the Office of the United Nations High Commissioner for
Human Rights and the Office of the United Nations High Commissioner for Refugees.
B.
Country visits
12.
The Special Rapporteur visited Kuwait from 4 to 8 September and the United States
from 6 to 16 December 2016, at the invitation of the respective Governments. The reports
on the visits are contained in addenda to the present report. She thanks the Governments for
their cooperation prior to and during the visit. She expects to visit Brazil on a mutually
convenient date agreed with the Government. She is thankful to the Government of Cuba
for extending an invitation for a country visit, to be conducted from 10 to 14 April 2017.
III. Strengthening voluntary standards for businesses on
preventing and combating trafficking in persons and labour
exploitation, especially in supply chains
A.
International and national normative framework
13.
States have an obligation under international human rights law to protect against
human rights abuses perpetrated by third parties, including business enterprises, within their
territory and/or jurisdiction. States’ obligations to prevent and combat trafficking in persons
are clearly established in international human rights instruments. For example, the
International Covenant on Civil and Political Rights prohibits slavery and forced or
compulsory labour (art. 8) and the Convention on the Rights of the Child imposes on States
parties an obligation to take all appropriate national, bilateral and multilateral measures to
prevent the abduction of, the sale of or traffic in children for any purpose or in any form
(art. 35).
14.
Regarding the obligation of States to eliminate trafficking in persons under the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime, States parties are required to adopt such legislative and other measures as may be
necessary to establish trafficking in persons as a criminal offence (art. 5). Under the
Protocol, States parties also are required to establish comprehensive policies, programmes
and other measures to prevent and combat trafficking in persons (art. 9 (1) (a)). Under the
Recommended Principles and Guidelines on Human Rights and Human Trafficking, States
are requested to effectively investigate, prosecute and adjudicate trafficking, as well as to
punish individuals and legal persons found guilty of trafficking by imposing effective and
proportionate sanctions (principles 13 and 15).
15.
Under the ILO Declaration on Fundamental Principles and Rights at Work, ILO
member States have an obligation to respect, promote and realize the principles concerning
the fundamental rights which are the subject of the relevant conventions, including the
elimination of forced labour, regardless of whether they have ratified those conventions. In
this regard, under the ILO Worst Forms of Child Labour Convention, 1999 (No. 182) States
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