A/HRC/20/18
C.
Identification of victims
31.
Timely and efficient identification of victims is central to the criminalization of
trafficking, as it affects the ability of law enforcement officials to prosecute traffickers
effectively and is fundamental in terms of being able to provide trafficked persons with the
necessary support services. The Special Rapporteur observes, however, that the issue of
identification raises a number of complex pragmatic questions, in particular concerning
how, where and by whom identification should be performed.
32.
The Special Rapporteur is aware of the fact that each victim of trafficking has a
unique story and experience, which makes it difficult to create categorical rules about
identification of victims. Yet while there is no one clear formula for best identifying
victims, a number of examples and already existing practices may provide guidance on the
issue.
33.
Indicators, including those developed by the International Labour Organization
(ILO), the International Organization for Migration (IOM) and the United Nations Office
on Drugs and Crime (UNODC) are increasingly being used as a tool to identify trafficked
persons.42 The Special Rapporteur encourages law enforcement agencies, including police
and immigration, to draw on existing indicators in the identification processes. 43
34.
Police are often at the forefront when identifying victims, and thus play a critical
role in this process. While they may be experienced in law enforcement in general, they
may not have specific expertise in trafficking in persons; for this reason, the Special
Rapporteur highlights the importance of ensuring that they are given appropriate training to
identify victims of trafficking accurately and with sensitivity.
35.
In response to Special Rapporteur’s questionnaire on specific actions taken by
Governments to facilitate quick and accurate identification of trafficking victims, numerous
responses, in particular from Estonia, Finland, Georgia, Germany, Japan, Lithuania, Malta,
the Netherlands, Romania, and Sweden, indicated that task force or agencies coordinating
in country anti-trafficking work have organized specialized training sessions to enhance the
capacity of front-line officers, especially the police, immigration, border guards and labour
inspectors, to identify actual and potential trafficking victims and to make referrals to
appropriate services. Most of the sessions were carried out in collaboration and/or with
funding from international organizations, including IOM, ILO, UNODC, the European
Union, the United States Agency for International Development, the Asia Regional
Trafficking in Persons Project and the Swedish International Development Cooperation
Agency. Some Governments have gone even further to develop national referral
mechanisms, standard operating procedures or brochures, manuals, handbooks and/or other
tool kits to build capacity and raise awareness to facilitate rapid and accurate identification
of victims.44
36.
Jamaica, for example, through its National Task Force against Trafficking in
Persons, and in collaboration with non-governmental organizations, has developed
trafficking indicators, protocols and referral mechanisms for agencies involved in the
identification, counselling and protective care of rescued or potential victims. 45 Bulgaria has
a comprehensive list of indicators for identifying victims of trafficking as part of its
42
43
44
45
A/64/290, para. 37.
Ibid., paras. 37- 41.
For instance, Germany makes indicators for victim identification known by distributing brochures to
the relevant target groups. Submission by Germany, p. 3.
Submission by Jamaica, p. 4.
9
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