A/HRC/35/33
requested meetings with authorities in Rwanda. After sending a high-level delegation to
Rwanda to discuss the case in person, they were granted full access to conduct their own
investigation in the country and were able to secure around 100 witness testimonies about
the case. These proved indispensable at trial, as other forms of evidence were hard to gather
decades after the events. In 2013, a district court in Oslo convicted Bugingo and sentenced
him to 21 years in prison.
26.
Thus, States can successfully prosecute cross-border international crimes involving
economic actors, even when such cases are complex and involve events occurring many
years earlier. Specialized units devoted to international crimes help in that regard, and
networks such as the Genocide Network of the European Union can facilitate cross-border
cooperation. 26 What is needed is a recognition of the role that companies and other
economic actors play in these crimes and a corresponding willingness to pursue these actors
alongside other perpetrators.
IV. Cases involving transnational harm and economic actors
27.
While there have been few cases in which economic actors have been charged for
violating core international crimes, successful investigations and prosecutions are more
prevalent for other cross-border harms closely linked to human rights. By detailing the
practices that law enforcement agencies use to cooperate in cases of trafficking in persons,
environmental crimes, transnational bribery and corruption, the Working Group hopes that
States will realize that they already possess a toolkit that can be transposed to the business
and human rights context. Thus, in the following sections, the Working Group discusses the
legal frameworks, tools and networks that facilitate cooperation between States with respect
to each crime and provide cases to illustrate how these work in practice. The cases
demonstrate that, when States decide to act, they are able to effectively work together.
A.
Trafficking in persons
28.
Trafficking in persons is a ubiquitous phenomenon that has rightly been the focus of
many Governments and law enforcement agencies around the world. The International
Labour Organization (ILO) has estimated that millions of persons are trafficked at any
given point in time and that annual profits from trafficking range in the tens of billions of
dollars.27
29.
Trafficking in persons is a serious crime that has been recognized as a serious
human rights issue. Numerous international and regional human rights instruments prohibit
trafficking, and the General Assembly and Human Rights Council have repeatedly affirmed
that trafficking violates and impairs fundamental human rights. Moreover, practices
associated with trafficking, such as debt bondage and forced labour, constitute discrete
human rights violations.
30.
Although trafficking in persons can occur within a single jurisdiction, it often has
cross-border elements. Victims are routinely trafficked across borders to be exploited in
different States. Likewise, traffickers move between States to evade detection and
punishment. Since victims, witnesses, defendants, and actions can all be in different States,
there is a growing consensus that the problem cannot be countered by any one country in
isolation.
26
27
8
The European network of contact points in respect of persons responsible for genocide, crimes against
humanity and war crimes, otherwise known as the Genocide Network, was established through
Council of the European Union Decision 2002/494/JHA “to ensure a close cooperation between …
national authorities in investigating and prosecuting [international crimes]”. See
www.eurojust.europa.eu/Practitioners/networks-and-fora/Pages/genocide-network.aspx.
See ILO, ILO Action Against Trafficking in Human Beings (Geneva, 2008), p. 1. Available from
www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_090356.
pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents