A/HRC/23/48
26.
The main international standard on employment agencies, ILO Convention No. 181
(1997) concerning Private Employment Agencies specifies that “private employment
agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to
workers” (art. 7.1). If respected, this provision should stop workers being put into debt
bondage by recruitment agents; however, the Convention has not yet been widely ratified. 11
The Convention also requires States to “adopt all necessary and appropriate measures … to
provide adequate protection for and prevent abuses of migrant workers recruited or placed
in its territory by private employment agencies” (art. 8). The measures specified include
penalties for private employment agencies which engage in fraudulent practices and abuses,
including their prohibition.
27.
The responsibilities of States with respect to the activities of businesses operating in
their territory and/or jurisdiction were summarized in 2011 in the Guiding Principles on
Business and Human Rights (A/HRC/17/31), developed by the Special Representative of
the Secretary-General on the issue of human rights and transnational corporations and other
business enterprises. They point out what States are required to do the necessary to ensure
that what is called a “foundational principle” is respected: this requires that “States should
set out clearly the expectation that all business enterprises domiciled in their territory and/or
jurisdiction respect human rights throughout their operations” (principle 2). It also
stipulates that States should, inter alia, “provide effective guidance to business enterprises
on how to respect human rights throughout their operations” and “encourage, and where
appropriate require, business enterprises to communicate how they address their human
rights impacts” (operational principle 3 (c) and (d)).
2.
Regional legal frameworks and initiatives
28.
A number of regional legal instruments include provisions on discouraging demand.
Article 5 of the Charter of Fundamental Rights of the European Union specifically prohibits
trafficking in human beings. Directive 2011/36/EU of the European Parliament and of the
Council of 5 April 2011 on preventing and combating trafficking in human beings and
protecting its victims includes specific provisions on discouraging demand. Furthermore,
article 18, paragraph 1, of the Directive provides that “Member States shall take appropriate
measures, such as education and training, to discourage and reduce the demand that fosters
all forms of exploitation related to trafficking in human beings”, and article 18, paragraph
4, says that “in order to make the preventing and combating of trafficking in human beings
more effective by discouraging demand, Member States shall consider taking measures to
establish as a criminal offence the use of services which are the objects of exploitation as
referred to in Article 2, with the knowledge that the person is a victim of an offence
referred to in Article 2.”
29.
The European Union Strategy towards the Eradication of Trafficking in Human
Beings 2012–2016 contains specific provisions on addressing demand. It is planned that a
European business coalition against trafficking in human beings will be established in 2014
to improve cooperation with businesses and other stakeholders, respond to emerging
challenges and discuss measures to prevent trafficking in human beings, in particular in
high-risk areas. In 2016, the European Commission intends to work together with the
coalition to develop models and guidelines on reducing the demand for services provided
by victims of trafficking in human beings, in particular in high-risk areas, including the sex
industry, agriculture, construction and tourism.
30.
Several provisions are also included in the Council of Europe Convention on Action
against Trafficking in Human Beings. For instance, its article 6 provides that:
11
8
As of July 2012, ILO Convention No. 181 had been ratified by 23 States.
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