A/HRC/26/37
international and national laws, are often disregarded. This is not always the result of lack
of political will. The complexity of the trafficking phenomenon, uncertainty about aspects
of the solution and the fact that States are rarely the direct perpetrators of trafficking-related
harm, all complicate the task of securing compliance with international legal rules.
Improving compliance mechanisms at all levels must be a priority for States and the
international community.
73.
At the national level. The mandate has repeatedly called on States to strengthen their
implementation machinery and has sought to provide practical guidance to States on
implementing a rights-based approach. Respondents to the questionnaire identified this as a
key contribution of the mandate. The Special Rapporteur has consistently advocated for the
establishment of national rapporteurs or equivalent mechanisms in countries that do not yet
have such a position. Where they do exist (principally, at present, in Europe), independent,
appropriately tasked national rapporteurs have generally played an important role in
monitoring the national situation; facilitating collaboration between different agencies and
between the Government and civil society; and overseeing the collection and analysis of
data on the national response and on trafficking trends. Their central role was confirmed at
a consultative meeting in 2013 convened by the Special Rapporteur, which brought
together, for the first time, national rapporteurs, from 19 countries. A follow-up meeting is
scheduled for mid–2014. Of course, the national rapporteur mechanism is just one way for
States to approach the challenge of compliance. The Special Rapporteur has encouraged
States to consider additional paths to this end, including the development of national plans
of action against trafficking and the establishment of broad-based consultation groups to
advise and support implementation.
74.
The mandate notes the unilateral compliance mechanism established by the Office to
Monitor and Combat Trafficking in Persons of the United States Department of State,
which undertakes an annual assessment of the trafficking situation in States worldwide and
the quality of the national responses.20 The Special Rapporteur has established an excellent
working relationship with officials at the Office and generally welcomes this initiative as an
important contribution to promoting strong national responses and increased awareness
about trafficking throughout the world. However, she cautions that the criteria used to
assess national performance should be explicitly based on international standards. This is
not just essential to the credibility of the mechanism, it is also an important way to
strengthen the international legal framework and affirm its key standards.
75.
States parties to the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, could also be encouraged to take up the challenge of
implementation more creatively, for example by opening up the deliberations of the
Working Group on the Universal Periodic Review to some input from civil society and
providing it with more substantive oversight responsibilities. Trafficking remains a difficult
issue for all States and increased support aimed at helping them to meet their international
obligations should be welcomed.
IX.
Conclusion and recommendations
76.
The Human Rights Council is to be congratulated for its wisdom and foresight
in establishing a mechanism that has ensured human rights retain their rightful place
at the centre of the international response to trafficking. This role has been
particularly important in light of the fact that the key international treaty on
trafficking was established outside the human rights system. States and partners,
20
20
See www.state.gov/j/tip/rls/tiprpt/.
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