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

MONITORING AND REPORTING MECHANISMS
The ultimate goal of monitoring and reporting on government policies and actions
against traffi cking in human beings is to create an effective mechanism to ensure
that government promises materialise into action and that corresponding legal and
administrative provisions are implemented. 420 International law requires states to submit
reports to the United Nations pursuant to relevant international conventions and to note
in these reports actions taken against traffi cking in persons. These conventions include
the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), 421 the Convention on the Rights of the Child (CRC), 422 and the Traffi cking
Protocol. Further the UN Special Rapporteur on Traffi cking in Persons monitors the
status of traffi cking in human beings worldwide. She or he has the power to investigate
the scope of the problem, monitor and report on government actions, receive and inquire
into complaints and make recommendations for policy change. 423
The three main reporting mechanisms for monitoring and reporting on traffi cking in
human beings are a) national reporting (or self-assessment) 424 ; b) state reports submitted
to international bodies; and c) international reporting by international bodies. Reporting
under the CEDAW and the CRC have to be submitted respectively every fourth and
fi fth year and must include information on factors and diffi culties affecting the degree
of fulfi lment of obligations, 425 for the CRC the report must also contain suffi cient
information to provide the Committee 426 with a comprehensive understanding of the
implementation of the Convention. The monitoring Committees tend to be thoroughly
unconvinced if a report is submitted reporting that all is well and good, and request
detailed information to ascertain themselves of the credibility of national reports. That
said states tend to minimize the traffi cking problem or to focus mainly on progress leaving
out diffi culties and obstacles. 427
420 Mattar, M.: Comparative Models of Reporting Mechanisms on the Status of Traffi cking in Human
Beings, Vanderbilt Journal of Trans-national Law, Vol. 41. Number 5, November 2008. p. 1,358.
421 G.A. Resolution 34/180, UN DOC A/34/46 (Dec. 8, 1879).
422 G.A. Resolution 44/25, UN DOC A/44/49 (Nov. 20, 1989).
423 Mattar, M.: Comparative Models of Reporting Mechanisms on the Status of Traffi cking in Human
Beings, p. 1,359.
424 The United States does not only carry out self-assessment reports but also monitors the status of
traffi cking in foreign countries and assesses these countries’ progress in combatting the phenomenon.
The State Department’s Traffi cking in Persons report is having an impact on foreign governments and
is often used as a reference.
425 The United Nations Manual on Human Rights Reporting Under Six Major International Human
Rights Instruments of 1997: www.unhchr.ch/pdf/manual_hrr.pdf e.g. on the ICESCR: All reports shall
be submitted to the Secretary- General of the United Nations,, who shall transmit them to the Committee
for consideration. Reports shall indicate the factors and diffi culties, if any, affecting the implementation of
the present Covenant. Comment number 2 on Art 40 of the ICESCR The principles for reporting is
mentioned regarding all the Six Conventions.
426 The Committee on the Rights of the Child – the Convention’s monitoring body.
427 Mattar, M.: Comparative Models of Reporting Mechanisms on the Status of Traffi cking in Human
Beings, p. 1,395.
157