A/HRC/38/45
providers.55 Moreover, cooperation mechanisms are often based on police operations and
assistance is only triggered by the official identification by law enforcement officials of a
victim of trafficking in persons, thus creating a system shaped around a criminal
investigation instead of the rights and needs of victims of trafficking.
57.
The question then is what specific roles do cooperation mechanisms have in the
context of early identification and assistance of victims of trafficking from among the large
groups involved in the mixed migration context. In that regard, the Special Rapporteur
noted with appreciation during her visit to Italy the combined use of the national antitrafficking framework and the refugee protection system to complement each other and
increase the protection of rights in cases of large mixed migration movements.56 However,
referral from asylum territorial commissions and from IOM at disembarkation points and
hotspots to the anti-trafficking national network, and the subsequent placement of victims
in specialized shelters, depends on the limited places for vulnerable groups, such as victims
of trafficking and unaccompanied and separated children. As a result, those vulnerable
groups end up staying for prolonged periods of time in the hotspots, as specialized shelter
capacity remains limited.57
58.
Moreover, when there is a large-scale arrival of people, it has been noted that
cooperation mechanisms are often not involved at an early stage to identify victims of
trafficking for a variety of reasons. 58 In European Union hotspots, migrant reception centres
and other structures, a lack of understanding that trafficking can and often does happen in
the context of mixed migration movements leads to the de-prioritization of trafficking
issues. As a consequence, victims and potential victims of trafficking are not identified or
misidentified and are not provided with effective protection and remedies.
59.
Early assistance to identified victims of trafficking is even more difficult in States
that did not have mechanisms or guidelines for their referral prior to large-scale arrivals. In
such cases, for migrants who are not in camps or migration facilities, the chances of
identification and assistance are even slimmer. For instance, in Jordan, the detection of
trafficked persons from among the Syrian refugees outside camps is negligible.59
60.
In order to address this problem, the Special Rapporteur echoes the views of
practitioners and civil society organizations, namely, that early identification should not
only focus on entry points to the country, like border points or transit centres, but also at
locations where migrants and refugees might live or gather and can be reached.
Identification is not necessarily a one-step process, but might take a longer time.60
Cooperation in cross-border trafficking cases
61.
Cooperation in cross-border trafficking cases involve the protection of victims or
possible victims of trafficking in more than two countries.
62.
In many European countries, this also means exchanging practices and learning how
to legally challenge the transfer of victims of trafficking under Dublin procedures when this
is done without consideration for the risks of re-trafficking and without the necessary and
required safeguards.61
63.
Within the Association of Southeast Asian Nations (ASEAN) region, 62 the high
levels of cross-border trafficking raise practical questions about recognition by one State of
55
56
57
58
59
60
61
62
IOM, “National Referral Mechanisms for Victims of Human Trafficking: Deficiencies and Future
Development” (2017), p. 4. Available at
https://publications.iom.int/system/files/pdf/national_referral_mechanisms.pdf.
See www.unhcr.it/wp-content/uploads/2018/02/Linee-Guida-identificazione-vittime-di-tratta.pdf.
Dutch Council for Refugees, “The implementation of hotspot in Italy and Greece: A study”, p. 16.
Available at www.ecre.org/wp-content/uploads/2016/12/HOTSPOTS-Report-5.12.2016.pdf.
Healy and Forin, “Trafficking along migration routes”; and ASEAN, Regional review, pp. 44 and 63.
See A/HRC/32/41/Add.1.
Submission of La Strada International.
Ibid.
ASEAN, Regional review on Laws, p. 62.
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