Background

The Special Rapporteur on trafficking in persons, especially women and children, will devote her report to the 78th session of the General Assembly, in October 2023, to the topic of strengthening accountability for trafficking in person in the context of conflict.

Objectives

Despite recognition that the international community has increased its attention to the prevalence and patterns of trafficking in persons fleeing conflict, during conflict, and in post-conflict situations, protection and impunity gaps persist—including for trafficking by private actors. Such protection gaps are in part due to limited monitoring, reporting, investigations, corporate accountability, and access to remedies. Accountability is also often undermined by a failure to effectively read together international humanitarian law, international criminal law, international human rights law, and international refugee law.

Reponses to the list of issues below would be greatly appreciated.

Other relevant information, not listed below, may also be included in your submissions.

Questions related to trafficking of children in conflict

• What are the most common forms of trafficking of children fleeing conflict; trafficking of children during conflict; and trafficking of children in post-conflict situations?
• Are there patterns of trafficking of children that are not fully captured in existing documentation and accountability efforts? Why?
• Are there patterns of trafficking of children that are disproportionately emphasized in existing documentation and accountability efforts? Why?
• What are the differentiated experiences of different groups of children in conflict and how do experiences of discrimination affect increased risks and experiences of exploitation, as well as limit redress for, trafficking?
• What are the differentiated experiences of children with disabilities in conflict and how does this affect increased risks and experiences of exploitation, as well as limit redress for, trafficking?

Questions related to forms of trafficking in persons in conflict

• What are the most common forms of trafficking of persons fleeing conflict; trafficking during conflict; and trafficking in post-conflict situations?
• Are there patterns of trafficking in persons that are not fully captured in existing documentation and accountability efforts? Why?
• Are there patterns of trafficking in persons that are disproportionately emphasized in existing documentation and accountability efforts? Why?
• What are the differentiated experiences of persons in conflict and how does this affect increased risks and experiences of exploitation, as well as redress for, trafficking?
• What are the differentiated experiences of persons with disabilities in conflict and how does this affect increased risks and experiences of exploitation, as well as redress for, trafficking?

Questions related to the application of the definition of trafficking in persons

• What are the barriers (e.g., fact-finding, confusion about the definition of trafficking in international law) in practice to ascertaining whether abuses by State and non-State actors in conflict and post-conflict situations constitute trafficking in persons?
• What are the key obstacles to legal accountability for trafficking in persons linked to conflict that enable impunity by both State and non-State actors?
• How can international human rights law, international humanitarian law, international criminal law, and international refugee law best be read together to maximize protections for trafficked persons and to bring to the fore the human rights of trafficked persons in trafficking responses?

Questions related to developing complementary accountability frameworks across regional and international mechanisms and across international humanitarian law, international criminal law, international human rights law, and international refugee law

• How are ensuring justice and accountability for trafficked persons incorporated in the mandates of international and regional mechanisms addressing conflict situations?
• How can international and regional investigations of human rights violations in conflict situations contribute to accountability for trafficked persons?
• What are tools and good practices for ensuring that international and regional policy frameworks meaningfully incorporate accountability for trafficking?
• What are the opportunities for co-operation and co-ordination across regional and international mechanisms to ensure complementary accountability frameworks?
• How can international human rights law, international humanitarian law, international criminal law, and international refugee law best be read together to maximize protections for trafficked persons and to bring to the fore the human rights of trafficked persons in trafficking responses?

Toward accountability for conflict-related trafficking in persons

• What are the key obstacles to legal accountability for trafficking in persons linked to conflict that enable impunity by both State and non-State actors?
• What are best practices in preventing, investigating, and providing redress for conflict-related trafficking in persons?
• What are some innovations that can be adopted in preventing, investigating, and providing redress for conflict-related trafficking in persons?

How inputs will be used:

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