Trafficking in human beings: human rights and ... - unesdoc - Unesco

guards, labour inspectors, immigration authorities, often lack cooperation agreements
among themselves as well as with other actors that could come into contact with possible
victims. Law enforcement has to blend with effective victim protection and rehabilitation
programmes, applying a gender-sensitive approach in traffi cking investigations. In most
cases, law enforcement authorities will depend on the cooperation of the victim in
order to prosecute the perpetrators. If victims have little to gain but a lot to lose (such
as deportation) then they will be very reluctant to come forward and denounce their
exploiters. 404 Despite the lessons learned in combating traffi cking for sexual exploitation,
many States do not yet recognize the strong link between assistance and protection of the
victims and an effective prosecution 405 and conviction of the offenders. 406
Notwithstanding diffi culties the number of convictions is increasing, but not
proportionately to the growing awareness (and probably, size) of the problem. Most
convictions still take place in only a few countries. While these countries may have human
traffi cking problems more serious than others, they are doing something about them. On
the other hand, as of 2007/08, two out of every fi ve countries covered by the UNODC’s
Global Report on Traffi cking had not recorded a single conviction. Either they are blind
to the problem, or they are ill-equipped to deal with it. 407
As of 2007, about 40% of the world had not recorded a single conviction for traffi cking in
persons. 408 Not only are traffi ckers not convicted in many countries, but when convictions
are recorded, the numbers seem low compared to the estimated number of victims. The
bulk of convictions were recorded in a few regions, mainly Western and Central Europe,
Eastern Europe and Central Asia, and South Asia. 409
404 ILO Actions Against Traffi cking, ILO 2008. p. 11.
405 UNODC encourages States to: Undertake measures to ensure that travel and identity documents
cannot easily be misused, falsifi ed, unlawfully altered, replicated or issued; and to ensure the integrity
and security of travel and identity documents and to prevent their unlawful creation, issuance and
use; To enact domestic laws making human traffi cking a criminal offence. Such laws should also
establish as criminal offences attempting to commit, participating as an accomplice, and organizing or
directing other persons to commit human traffi cking; Ensure such legislation applies to victims of all
ages and both sexes; and clearly distinguish between traffi cking in persons and other forms of irregular
migration; Ensure that the system of penalties is adequate, given the severity of the crime; Protect
the privacy and identity of victims in appropriate cases; Establish measures to protect victims from
revictimization; Implement measures providing to victims information on proceedings, assistance to
enable their views and concerns to be presented and considered at appropriate stages of criminal
proceedings; Implement measures that offer victims the possibility of obtaining compensation.
406 OSCE: Human Traffi cking for Labour Exploitation/Forced and Bonded Labour: Prosecution of
Offenders, Justice for Victims. Report of the 5th Alliance against Traffi cking in Persons Conferences
on Human Traffi cking for:
Labour Exploitation/Forced and Bonded Labour Vienna, 16 and 17 November 2006. p. 2.
407 UNODC: Global Report on Traffi cking in Persons, 2008, p. 6.
408 Detailed data and numbers regarding convictions divided by countries and regions can be found in
UNODC: Toolkit To Combat Traffi cking In Persons, 2008.
409 UNODC: Toolkit To Combat Traffi cking In Persons, 2008, p. 42.
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