A/HRC/20/18
Peoples’ Rights, organized by OHCHR in cooperation with the African Commission, in
Addis Ababa.
8.
On 2 and 3 February 2012, the Special Rapporteur participated in the Informal
Network of European National Rapporteurs and Equivalent Mechanisms, organized by the
European Commission and the European Union Anti-Trafficking Coordinator.
B.
Country visits
9.
The Special Rapporteur visited Thailand from 8 to 19 August 2011, and Australia
from 17 to 30 November 2011, at the invitation of the respective Government (see
A/HRC/20/18/Add.1 and Add.2).
10.
The Special Rapporteur also visited the United Arab Emirates from 11 to 17 April
2012, at the invitation of Government, and plans to visit Gabon in May 2012. The Special
Rapporteur thanks all Governments for their cooperation with her in the planning and
conduct of these missions.
III. Integration of a human rights-based approach in the
prosecution of cases of human trafficking
11.
International law requires States to prosecute trafficking and related offences. 2 The
Special Rapporteur notes, however, that the prosecution of anti-trafficking responses is a
broad category that includes not only the investigation and adjudication of trafficking cases
but also encompasses a number of related spheres of activity, including the applicable legal
framework, international legal cooperation and asset confiscation. Prosecution should
therefore be seen as only a part of a strategy of criminalization.
12.
For any effective criminalization strategy, the Special Rapporteur notes the need for
a rights-based approach to trafficking.3 Such an approach has been widely endorsed by the
international community, including the General Assembly 4 and Human Rights Council. 5
The commentary on the Recommended Principles and Guidelines on Human Rights and
Human Trafficking explains that a human rights-based approach is a conceptual framework
for dealing with a phenomenon such as trafficking that is normatively based on
international human rights standards and that is operationally directed to promoting and
protecting human rights. It affirms that such an approach requires analysis of the ways in
which human rights violations arise throughout the trafficking cycle, as well as of States’
obligations under international human rights law. It seeks to both identify and redress the
2
3
4
5
4
Most States have ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime. Article 5 of the Protocol requires the establishment of trafficking as a
criminal offence. The duty to criminalize has also been outlined in various regional treaties, including
the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and
Combating Trafficking in Women and Children for Prostitution, art. III; Council of Europe
Convention on Action against Trafficking in Human Beings, art. 18; and Directive I 2011/36/EU of
the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking
in human beings and protecting its victims.
See A/HRC/10/16.
Such as the United Nations Global Plan of Action to Combat Trafficking in Persons.
For example, Human Rights Council resolution 11/3, paras. 1, 3 (f), 6, 7, 8, and General Assembly
resolution 63/156, preamble and paras. 5 and 18.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents