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

Hence, migration departments and labour market institutions, such as labour ministries,
labour inspectors, national employment services, and vocational training schools, have
a key role to play in the implementation of such preventive measures. Despite growing
recognition that human traffi cking needs to be tackled through a holistic approach, antitraffi
cking strategies still remain isolated from other national policies, for example policies
on employment and vocational training, gender discrimination or poverty reduction and
migration management. 418
Constructing a national plan to combat traffi cking is a long and complex process, involving
various actors. It requires the government to facilitate participation of civil society in
the drafting process so that the product merges concerns of various social movements.
It requires coordination momentum to ensure that political commitment at the state
and municipal levels can give meaning to the plan, with integrated networks of various
agencies (health, justice, security, women’s policies and others) working cooperatively
with civil society groups, international organizations and the private sector. One of the
challenges posed by this process is the need for widespread understanding of the defi nition
of traffi cking and for that defi nition to be aligned with the Traffi cking Protocol. This must
then be refl ected in national laws, which criminalize both internal and trans-national
traffi cking, address traffi cking in men and children, as well as women, and acknowledge
the various forms of exploitation. To give meaning to such law, law enforcement and
judicial authorities must adequately understand it and be empowered to implement it
while non-governmental organizations and civil society must be equipped to cooperate in
preventing traffi cking and assisting victims. Throughout the entire process of designing
and implementing a national plan of action, public awareness must be raised with strong
campaigns capable of reaching even the most vulnerable people. 419
In November 2008 a working group was established within the UN which was charged
with improving implementation of the UNTOC and its two Protocols, recognising the
problems hindering effective enforcement of the instruments. Again such a focus will
not only benefi t criminal law and law enforcement, but cannot but bring focus to States’
obligations also in relation to protection – thus bringing focus to broader human rights
issues as well.
The Government of Thailand has adopted a plan of action to prevent traffi cking, protect and
reintegrate victims and prosecute traffi ckers. The national policy calls for a total elimination of the
involvement of children in commercial sex activities. The use of violence, threats, intimidation and
exploitation in the sex industry is to be prohibited and all persons who take part in the prostitution
of children should be punished. The policy also calls for the punishment of offi cials negligent in, or
choosing to ignore, their duty to enforce compliance with relevant policies, law, rules and regulations.
The comprehensive plan includes prevention measures, victim protection measures, measures for the
repatriation and reintegration of victims, as well as measures for the criminalization and prosecution
of offenders involved in human traffi cking for the purpose of exploitative sex.
See UNODC: Toolkit to Combat Traffi cking in Persons, 2008, p. 63.
418 ILO Action Against Traffi cking, ILO 2008. p. 12-13.
419 UNGIFT: Traffi cking an overview. p. 27.
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