A/HRC/29/38
of non-repetition, and call on States to ensure that access to those measures shall not
depend on the victim’s capacity or willingness to cooperate in legal proceedings. When
looking into remaining gaps in the conceptualization of the right to an effective remedy and
the operationalization of the basic principles at the national level, the Special Rapporteur
expects to further delve into issues such as the possible types of trafficking exploitation
covered by the principles, what the barriers to access to remedy are, whether the nature of
the State responsibility affects the content of the reparation, the available forms of
reparation, the accessibility of compensation funds to victims and the conditions for the
protection of victims’ rights in out of court settlements .
64.
Moreover, international law mandates States to exercise due diligence to prevent
trafficking, to investigate and prosecute traffickers, to assist and protect victims of
trafficking and to provide access to remedy. As trafficking in persons is most often
perpetrated by non-State actors, compliance with the due diligence principle is critical to
ensure State accountability for the protection of the rights of victims and potential victims.
However, the standard of due diligence as it relates to trafficking in persons has not been
comprehensively articulated, either by the mandate of the Special Rapporteur or elsewhere.
Therefore, the Special Rapporteur is of the view that additional guidance would be
necessary to better equip States for the actions required to comply with their due diligence
obligations.
C.
Engaging with States, the private sector and social actors
65.
Trafficking in persons requires a concerted effort by all stakeholders if it is to be
effectively addressed. In view of this, the Special Rapporteur will endeavour to continue
partnering and cooperating with States, both those that are parties to the Palermo Protocol
and those that are yet to ratify it. She is also committed to continue engaging with non-State
actors on the role they can or should play in preventing and responding to trafficking. In
particular, she will consider civil society organizations as strategic partners — not only
service providers — to be included in the process of designing and implementing targeted
anti-trafficking measures.
66.
Trafficking feeds into a global market that seeks out cheap, unregulated and
exploitable labour and the goods and services that such labour can produce. With regard to
the private sector, the key role that business actors can play in removing trafficking in
persons from the supply chains is widely acknowledged.
67.
The mandate has devoted attention to the extent to which trafficking in persons has
emerged as a key challenge and risk in a wide range of industries and sectors integrated into
global markets, despite corporate social responsibility programmes. This includes a
thematic report to the General Assembly (A/67/261) on the issue of trafficking in global
supply chains which examined the different ways human trafficking manifests itself in the
global economy, the response of global businesses, existing and emerging strategies to
combat abuse, and the immediate and long-term steps necessary for business leaders to take
effective and sustainable action. That work was followed in 2012 by an expert meeting with
representatives of business enterprises, trade unions, non-governmental organizations,
academia and international organizations that focused on understanding the relationship
between human trafficking and global supply chains, and the risks run by workers and
business.24 In addition a panel on preventing trafficking in global supply chains was
convened by the previous mandate holder on the fringe of the annual Forum on Business
24
Available from www.ohchr.org/EN/Issues/Trafficking/Pages/GlobalSupplyChains.aspx.
17
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