A/HRC/26/37
specialist trafficking instruments. A major output of this method of work is a set of draft
basic principles on the right to an effective remedy (A/HRC/17/35, annex I), developed
after extensive consultation with stakeholders in all regions, which seek to bring clarity to
the concept of the right to an effective remedy and set out the factors to be taken into
account when this right is applied to trafficked persons. The Special Rapporteur has also
created a draft checklist of indicators and benchmarks which businesses can use to assess
the risks of human trafficking in their supply chains (2012). The checklist was developed
and revised through consultations and is intended to build on and complement existing
initiatives, including the Guiding Principles on Business and Human Rights.
32.
Action on communications and urgent appeals. The Special Rapporteur is explicitly
mandated to respond effectively to reliable allegations of human rights violations, with a
view to protecting the rights of actual or potential victims of trafficking. In accordance with
established procedures, the Special Rapporteur communicates the case to the Government
concerned, requesting clarification and action, either through an allegation letter or through
an urgent appeal where the alleged violation is time-sensitive and/or of a very grave nature.
Since the mandate was established a total of 99 communications have been sent and a total
of 54 responses received.
V.
Overarching principles and themes
33.
In their performance of the mandate, the two mandate holders have affirmed a
number of overarching principles and themes as central to all aspects of their work. Those
principles and themes draw both inspiration and substance from international legal
frameworks around trafficking and seek to reinforce the consensus that has developed
around the scope of the problem and the direction of appropriate responses.
A.
Strategic direction: five “Ps”, three “Rs” and three “Cs”
34.
Overall strategic direction. At the commencement of the mandate the “three Ps”,
protection, prosecution and prevention, were already well established as guideposts for the
strategic organization of responses to trafficking at the national, regional and international
levels. They provided important guidance and structure to the mandate during its first
several years. In 2009, the Special Rapporteur proposed an expansion of this strategic
vision to include eight more pillars:
(a)
An additional two “Ps” focused on criminal justice: punishment of
perpetrators/non-punishment for trafficked persons and promotion of international
cooperation;
(b)
Three victim-centred “Rs” - redress, rehabilitation and reintegration;
(c)
Three “Cs” - capacity, coordination and cooperation.3
Together, these 11 pillars have supported the Special Rapporteur in shaping and promoting
a coherent and comprehensive vision of an effective and rights-based response to
trafficking.
3
See A/HRC/10/16, section V, and the statement made by the Special Rapporteur to the Third
Committee on 25 October 2010 during the sixty-fifth session of the General Assembly.
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