A/HRC/32/41
in cross-border trafficking of arms, drugs and other illicit products that have the
capacity to expand into trafficking in persons and that are in a position to take
advantage of additional opportunities to generate profit. A weak or non-existent
justice and protection system that perpetuates impunity fails to protect the most
vulnerable groups and individuals of society from exploitation. Porous borders that
make border crossing easier further contribute to trafficking. Other factors include a
high prevalence and toleration of violence that extends beyond armed forces to
include communities and families, as well as pressure to move, leading to dangerous
migration decisions.
60.
These and other factors do not just create the conditions under which
trafficking can occur; they also exacerbate the vulnerability of those who may already
be susceptible to being trafficked, including women, refugees and unaccompanied
children.
61.
In addition, the nature and form of trafficking in persons associated with
conflict are highly gendered. For example, abduction into military forces affects males
and females differently. Men and boys are typically forced into soldiering while
women and girls are generally forced into support roles and typically face much
greater risk of sexual assault as either a primary purpose or an additional
manifestation of their exploitation. As previously noted, sexual enslavement, a
practice exacerbated by situations of conflict, is highly gendered in that it
disproportionately affects women and girls. Other forms of trafficking-related
exploitation particular to or especially prevalent in conflict, including forced and
temporary marriage, are highly gendered in their motivation and impact, which
underscores the importance of a gender analysis in all trafficking prevention efforts
and responses.
62.
Finally, while the Special Rapporteur in the present report raises international
awareness of the forms and nature of trafficking in persons related to the complex
situation of conflict, she by no means deals exhaustively with all such forms and types
of trafficking. As new types of conflict arise and modern means of combat are used,
further research is required to identify new and emerging forms of trafficking related
to conflict.
V. Recommendations
63.
In view of States’ legal responsibility to identify, protect and assist trafficked
persons in all circumstances, including in conflict and post-conflict situations, and to
work to ensure that those responsible for violations of human rights and the laws of
war are held accountable, the Special Rapporteur offers the following
recommendations.
Recommendations in relation to trafficking of persons in conflict areas or trafficking
of persons fleeing conflict
64.
All States, particularly those hosting potential victims of trafficking among
persons fleeing conflict, should:
(a)
Protect people, particularly children, women and minority groups in
conflict-affected areas and people fleeing conflict, from all forms of trafficking in
persons;
(b)
Identify measures to prevent exploitation of the labour of nationals and
non-nationals fleeing conflict, including by establishing safe and legal channels of
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