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

All recent instruments on traffi cking refer to the human rights dimension of the issue.
They also, to a greater or lesser extent, outline specifi c obligations undertaken by the state
which may be considered human rights obligations, either because they refl ect existing
requirements, such as the duty not to return an individual to a territory where his/her
life is under threat, or else constitute new positive duties voluntarily assumed by the state
towards those within its jurisdiction. 172
Human rights issues are not only a concern upon arrival of the traffi cked person but also
during the transportation. Instances of torture, inhuman and degrading treatment are
common during the process and many traffi ckers as well as smugglers and in some cases
border offi cials may use physical or sexual violence as a means to demand payment for
their services. 173
Upon arrival restriction of movement, work conditions, consequences of racism and law
enforcement practices such as detention centres, repatriation and rights linked to legal
processes are some of the issues with a human rights aspect in the traffi cking context. 174
Again it must be underlined that the Traffi cking Protocol is not a human rights
instrument. The UN Crime Commission, which developed the Traffi cking Protocol, is a
law enforcement body, not a human rights body. 175 That is to say it is not a body occupied
with monitoring human rights violations. The Traffi cking Protocol is primarily a law
enforcement instrument. From the human rights perspective, it would perhaps have been
preferable if an international instrument on traffi cking had been created within a human
rights body rather than in a law enforcement body. However, the impetus for developing
a new international instrument arose out of the desire of governments to create a tool to
combat the enormous growth of trans-national organized crime. Therefore, the drafters
created a strong law enforcement tool with comparatively weak language on human
rights protections and victim assistance. 176 Does this necessarily mean that the Protocol
is irrelevant for human rights protections? Not at all and even within the Protocol the
reference to the wider international legal framework is found – Art. 14 of the Protocol
any form, by any person, including parents or legal guardians of the child; (b) The use of children in
all forms of begging.), the Convention on the Elimination of All Forms of Discrimination against Women
(mentioned elsewhere in this paper), The Convention on the Rights of the Child (treated elsewhere in
this paper). Also the two Covenants on Civil, Political and on Economic, Social and Cultural Rights touch
upon traffi cking aspects and rights of victims even if not mentioning particularly traffi cking. The
International Convention on the Rights of All Migrant Workers and Members of their Families.
172 Piotrowicz, R.: Traffi cking of Human Beings and their Human Rights in the Migration Context, p. 278.
173 Obokata, T.: Traffi cking of Human Beings from a Human Rights Perspective – towards a holistic approach,
p. 125.
174 Ibid. p. 126-7.
175 Priority areas within the mandate of the UN Crime Commission are: international action to combat
national and trans-national crime, including organized crime, economic crime and money laundering;
promoting the role of criminal law in protecting the environment; crime prevention in urban areas,
including juvenile crime and violence; and improving the effi ciency and fairness of criminal justice
administration systems.
176 Jordan, A.D.: The Annotated Guide to the Complete UN Traffi cking Protocol, p. 2-3.
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