A/HRC/44/45
48.
The Special Rapporteur has found that legislation on transparency, which has been
adopted in a few countries, may have initiated the first changes in attitudes towards shifting
some element of responsibility for labour exploitation along the supply chain, but it has not
yet led to significant changes in business behaviour. Transparency and due diligence along
supply chains are essential in ensuring remedies for exploited workers. Companies have an
important role to play in establishing grievance and/or other redress mechanisms: in this
regard, workers must be fully involved in the design of such mechanisms and social actors,
such as trade unions, should play an important role in ensuring implementation and
monitoring of such mechanisms. Operational grievance mechanisms should also operate in
partnership with existing national referral mechanisms, including those of State authorities
and civil society.
III. Conclusions and recommendations
A.
Conclusions
49.
The Special Rapporteur believes that it is time to discuss how to fill the gaps in
the current international and national frameworks on trafficking and to adopt a
genuinely human rights-based approach to preventing and combating trafficking, and
protecting the rights of victims and potential victims.
50.
In order to fulfil this goal, profound changes are needed in the whole field of
anti-trafficking action. Trafficking in persons continues to be predominantly
addressed through a law enforcement lens that tends to prioritize investigation and
prosecution of traffickers over victims’ support, protection, empowerment and longterm social inclusion. Therefore, the Special Rapporteur insists on the importance of
addressing trafficking in persons as a human rights and a social justice issue, rather
than a mere security concern.
51.
This approach implies that the traditional short-term approach to assistance
should be substantially revised. What is needed is early support for victims and
potential victims aimed at not only recovery but also long-term social inclusion
through education, training, alternative employment, family reunification if the
persons concerned so wish, and access to judicial and non-judicial remedies.
52.
The current poisonous political discourse that leads States to adopt extremely
restrictive and even xenophobic migration policies and regulations contributes to the
current lack of early support for victims and potential victims of trafficking in mixed
migration flows; moreover, it fuels exploitation, as undocumented migrants, including
trafficked persons who fear being returned to their countries of origin, are often
induced to accept exploitative conditions.
53.
As regards early support for trafficked persons and people vulnerable to
trafficking in mixed migration flows, an innovative methodology is needed, which
should not be based on police operations and/or decision-making of law enforcement
or immigration authorities, but rather on an individual assessment of each victim’s
background and personal circumstances, made by multidisciplinary teams, in order to
identify the most appropriate protection channel, without infringing on the victim’s
right to apply for asylum or other forms of international protection. A similar
methodology should be applied to ensure early support for victims of internal
trafficking.
54.
Particular attention must be paid to children, especially those unaccompanied
or separated from their families. Their best interests must be considered paramount
at all times. They must be treated first and foremost as children and promptly
referred to child protection systems. Especially when they are close to adulthood,
children should be allowed to have access to additional protection on the grounds of
their being trafficked. Children’s administrative detention must be banned at all
times.
13
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