A/HRC/23/48
increasing the protection of the rights of migrant workers; and/or adopting measures
to discourage the use of the services of victims of trafficking.”14
39.
United Nations agencies have also summarized the measures they perceived to be
needed to discourage demand, noting that:
“Examples of measures to address the demand side are measures to broaden
awareness; attention and gender-sensitive research into all forms of exploitation and
forced labour and the factors that underpin its demand; to raise public awareness on
products and services that are produced by exploitative and forced labour; to
regulate, license and monitor private recruitment agencies; to sensitize employers
not to engage victims of trafficking or forced labour in their supply chain, whether
through subcontracting or directly in their production; to enforce labour standards
through labour inspections and other relevant means; to support the organisation of
workers; to increase the protection of the rights of migrant workers; and/or to
criminalize the use of services of victims of trafficking or forced labour.”15
40.
In the course of her country visits and from other sources, the Special Rapporteur
has heard about a variety of other measures taken by States to discourage demand. She has
learned that the measures needed to address direct and derived demand are usually
different. In the case of direct demand (which inherently seeks the services of individuals
who have been trafficked), legislative or other measures that have a direct influence on
purchasers‟ decisions are appropriate. However, when only some of the identical services
or products available to purchasers have involved the exploitation of persons, a different
approach is appropriate: one which moves the focus from final purchasers onto whoever
makes key purchasing decisions earlier in the supply chain and is in a position to discern
which services or products involve human trafficking and which do not. This approach,
which seeks to influence the purchasing decisions of such intermediaries by legislation or
other measures, often introduces an element of regulation into the supply of services or
products. Other States have adopted legislation or policy to regulate recruitment and
employment in sectors where, in the absence of such regulation, trafficking is deemed
likely to occur.
1.
Prevention
41.
As stated in the Trafficking in Persons Protocol, factors that make people vulnerable
to trafficking and demand must be addressed in the strategies to prevent trafficking. This is
further reinforced by the Recommended Principles and Guidelines on Human Rights and
Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent
trafficking shall address demand as a root cause and States shall ensure that their
interventions address the factors that increase vulnerability to trafficking, including
inequality, poverty and all forms of discrimination. States may be held legally responsible
for their failure to take adequate measures to prevent trafficking in persons, including
measures to discourage demand.16 States in which exploitation of persons occurs or is
alleged to occur have a particular responsibility to take action to discourage demand.
42.
Educational measures involve providing information to students in schools or higher
education, about trafficking in persons and about equality between women and men. States
have also supported awareness-raising initiatives to inform the general public or particular
14
15
16
Report submitted by the Chair of the Working Group on its activities, CTOC/COP/2010/6, para. 66.
OHCHR, Office of the United Nations High Commissioner for Refugees (UNHCR), UNICEF,
UNODC, UN-Women and ILO, Prevent, Combat, Protect – Human Trafficking: Joint UN
Commentary on the EU Directive – A Human Rights-Based Approach, (2011) p. 97.
Recommended principles and guidelines: Commentary. pp. 77–81.
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