Human Rights Council Discusses Report on Trafficking in Persons and the Intersections with Refugee Protection, Internal Displacement and Statelessness

Concludes Interactive Dialogue with Special Rapporteur on the Promotion and Protection of Human Rights in the Context of Climate Change

The Human Rights Council this morning started an interactive dialogue with the Special Rapporteur on trafficking in persons, especially women and children, and concluded an interactive dialogue with the Special Rapporteur on the promotion and protection of human rights in the context of climate change.

Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children, said her report examined trafficking in persons and the intersections with refugee protection, internal displacement and statelessness.  States had a responsibility to prevent trafficking and to ensure effective protection of victims or persons at risk of trafficking.  Displacement, internally or across borders, heightened risks of trafficking in persons.  Existing vulnerabilities such as discrimination and failures in rule of law application made displaced persons more vulnerable to exploitation and trafficking.  Expanding safe, regular migration opportunities, providing resettlement opportunities, rights-based family reunification, as well as ensuring effective access to asylum were essential to preventing trafficking in persons and to ensuring protection of victims.

Ms. Mullally expressed concern at the adoption of legislation and policy measures with a stated aim of preventing trafficking in persons, which sought to restrict access to international protection, and which failed to comply with international law. 

Where the rights of refugees to freedom of movement, to work, to access education or training, were limited, the risks of exploitation increased.  Ms. Mullally called upon States to make concrete contributions to a multi-stakeholder pledge on the prevention of trafficking in persons at the Global Refugee Forum in December 2023.

Ms. Mullally spoke on her visits to South Sudan and to Bangladesh.  South Sudan and Bangladesh spoke as countries concerned.

In the ensuing dialogue, speakers condemned all forms of trafficking in persons.  Compounding crises, including climate-related disasters and COVID-19, had led to an increase in trafficking in persons in recent years.  Traffickers’ actions affected every country in the world.  Speakers condemned trafficking for the purposes of sexual or labour exploitation, as well as trafficking in children.  The risk of trafficking was high for refugees and internally displaced persons.  The provisions of the Global Compact on Refugees needed to be upheld.  International cooperation was needed to provide safe pathways for migrants.  Many speakers said that limiting access to asylum increased the risk of trafficking.  States needed to facilitate access to asylum and abide by the principle of non-refoulement, and to adopt legislation to protect these vulnerable groups in accordance with international norms. 

Speaking in the dialogue were the European Union, Belgium on behalf of a group of countries, Oman on behalf of the Gulf Cooperation Council, Lebanon on behalf of a group of Arab States, Côte d'Ivoire on behalf of a group of African States, Ecuador on behalf of a group of countries, UN Women, United Arab Emirates, United States, Liechtenstein, Egypt, Burkina Faso, Armenia, Viet Nam, Costa Rica, Ecuador, Paraguay, Germany, Sovereign Order of Malta, Bahrain, France, Australia, Iraq, Colombia, Israel, Malaysia, Malta, Morocco, United Kingdom, Venezuela, Ireland, South Africa, Togo, Pakistan, Namibia, Greece, Malawi, China, Gambia, Djibouti, Switzerland, Libya, Mauritania, Jordan, Afghanistan, Georgia, Holy See, Mali, Benin, Cuba, Russian Federation, Romania, Algeria and Thailand.

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the promotion and protection of human rights in the context of climate change, which started in the previous meeting.

Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change, in concluding remarks, said that the global compacts on refugees and migrants provided useful guidance on how States should protect people displaced by climate change.  Mr. Fry expressed hope that protection measures for women and girls would be properly inscribed in international norms.  It was inevitable that current efforts to combat climate change and related displacement would not be enough.  “How many people needed to die crossing borders for countries to be spurred to act?” he asked.  The world could not wait for action to address the situation.

In the discussion, speakers said the report not only shed light on the increasing number of individuals affected by climate-induced displacement, but also highlighted the significant human rights violations they faced.  Reducing degradation of the environment and natural resources was part of the way ahead, as well as ensuring economic and social support for both migrants and returnees. The importance of regional and international cooperation in tackling the challenges posed by climate-induced displacement could not be ignored.  There needed to be credit for the most vulnerable countries.  Some speakers said that Member States needed to minimise the adverse drivers and structural factors that compelled people to leave their countries of origin, including by investing in building local and national adaptive capacity and strengthening resilience to prevent, prepare for and respond to displacement.  The international community needed to work on a collective and coordinated response to climate change.  One speaker said that linking climate change to human rights was not the right way, nor was the developing of new international instruments. 

Speaking in the dialogue were Gambia, South Africa, Chile, Senegal, Mauritania, Jordan, Sudan, Georgia, Holy See, Mali, Benin, Cuba, Russian Federation, Romania, Algeria, Kenya, Brazil, Bolivia, Honduras, Saudi Arabia, Philippines, Côte d'Ivoire, Sri Lanka, Panama, Bangladesh, Vanuatu, Ghana, Uruguay, Micronesia, International Organization for Migration, Ukraine, Iran, Greece, France, Afghanistan and Côte d'Ivoire on behalf of a group of African States.

Also speaking were Global Alliance of National Human Rights Institutions and Commission nationale indépendante des droits de l'homme (Burundi), as well as the following non-governmental organizations: Earthjustice, Anti-Slavery International, Centre for International Environmental Law, Centre Europe - tiers monde on behalf of FIAN International e.V., Arab European Forum for Dialogue and Human Rights, International Dalit Solidarity Network, Caritas Internationalis (International Confederation of Catholic Charities), Franciscans International on behalf of Amnesty International, Minority Rights Group and the Asian-Pacific Resource and Research Centre for Women.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.

The Council will next meet this afternoon at 3 p.m. to continue the interactive dialogue with the Special Rapporteur on trafficking in persons, especially women and children.  It will then hold an interactive dialogue with the Independent Expert on human rights and international solidarity and an interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association.

Interactive Dialogue with the Special Rapporteur on the Promotion and Protection of Human Rights in the Context of Climate Change

The interactive dialogue with the Special Rapporteur on the promotion and protection of human rights in the context of climate change started in the previous meeting and a summary can be found here.

Intermediary Remarks

IAN FRY, Special Rapporteur on the promotion and protection of human rights in the context of climate change, said that UN Women had produced a policy document on women and the environment that Member States should review.  Legal protection needed to be given to every person displaced by climate change.  This required a coordinated response.  Mr. Fry said he had recommended that the United Nations Secretary-General form a group of finance experts who could think outside the box and come up with innovative sources of funding for the Loss and Damage Fund.  The proposed protocol to the Refugee Convention addressing climate change needed to include specific provisions for protecting refugees in the context of climate crises, as well as protections for other rights holders. 

Discussion

In the discussion, a number of speakers said the report not only shed light on the increasing number of individuals affected by climate-induced displacement but also highlighted the significant human rights violations they faced, particularly women and children who constituted the majority of the displaced population.  The issue of climate change remained a major concern for the international community, a speaker said: there were many displaced persons for climate and environmental reasons, and the numbers were growing every year.  Migration was a crucial issue that needed to be addressed in this context.  Reducing degradation of the environment and natural resources was part of the way ahead, as well as ensuring economic and social support for both migrants and returnees.

The issue of climate-induced displacement was not an abstract concept; it was a stark reality and the importance of regional and international cooperation in tackling the challenges posed by climate-induced displacement could not be ignored.  Some speakers underlined that solidarity and international action were vital: there must be cooperative international change.  There must be donors who supported and credit for the most vulnerable countries.  The debt burden must be alleviated and not increase further.  Climate change had serious impacts on life and living conditions in many countries: vulnerability and adaptation capabilities varied.  The Loss and Damage Fund must become an important means of support for developing countries and small island developing States.  It was ironic, several speakers pointed out, that the countries most responsible for climate change were the ones reinforcing their borders against climate migrants.

One speaker said there needed to be a clear distinction between migrants and refugees that took into account those who were displaced due to climate change, the environment, and natural disasters.  In adopting the International Law of Protection, Member States were very intentional in providing the circumstances under which one should be regarded as an asylum seeker or a refugee.  It was for this reason that the Convention relating to the Status of Refugees did not venture into persons displaced across international borders due to climate change and other non-persecution related matters.  The Global Compact for Safe, Orderly, and Regular Migration already had the basis on how to address this challenge.  Member States should implement preventative measures that would minimise the adverse drivers and structural factors that compelled people to leave their countries of origin, including investment in building local and national adaptive capacity and strengthening resilience to prevent, prepare for and respond to displacement.

Some speakers said while ongoing national, regional and international legal and policy approaches to address climate displacement existed, these were often short-sighted and influenced by economic concerns, increasing the risk of exploitation, abuse and discrimination.  Member States should protect the fundamental human rights of migrants and other persons affected by climate displacement, while building adequate targeted legal frameworks.  Climate change disproportionately affected low-income and developing countries, which did not have the resources to face the consequences alone.  Therefore, the international community should work on a collective and coordinated response in a spirit of solidarity.

One speaker said that linking climate change to human rights was not the right way, nor was the developing of new international instruments.  It was important to bear this in mind and not let the issue serve the narrow political interests of certain groups.  The issue of climate change and the environment should unite and not divide the international community.  Another speaker urged that an Advisory Opinion from the International Court of Justice be sought on the obligations of States under international law to protect the human rights of present and future generations against the adverse effects of climate change.  Many speakers also pointed out that climate change was not a gender-neutral phenomenon, as it disproportionately affected women.

Among questions raised were: how regional and international cooperation could be strengthened to effectively address the human rights challenges faced by climate-induced displacement; how the optional protocol would deal with the non-refoulement clause in the context of persons displaced due to climate change; how could the Compact on Orderly and Safe Migration contribute to the mandate; what other measures could the Council adopt to address the significant challenge of climate change; how could the Council further address the violations of human rights experienced by those displaced by climate change; and what more could United Nations mechanisms, Member States and international bodies do to counter environmental disasters due to armed aggression?

Concluding Remarks

IAN FRY, Special Rapporteur on the promotion and protection of human rights in the context of climate change, said that the African Union was doing significant work in terms of regional cooperation on addressing climate change.  All States in the region should work with the African Union in this regard.  States should apply the legal principle of non-refoulement.  Appropriate protection needed to be given to women and girls.  Many of the impacts of climate change affected rural workers.  Their needs should be considered.  The global compacts on refugees and migrants provided useful guidance on how States should protect people displaced by climate change.  Mr. Fry hoped that protection measures for women and girls would be properly inscribed in international norms.  It was inevitable that current efforts to combat climate change and related displacement would not be enough.  Action was needed now.  How many people needed to die crossing borders for countries to be spurred to act?  The world could not wait for action.

Interactive Dialogue with the Special Rapporteur on Trafficking in Persons, Especially Women and Children

Reports

The Council has before it the report of the Special Rapporteur on trafficking in persons, especially women and children, entitled Trafficking in persons and international protection (A/HRC/53/28).  The report has two addenda, on her Visit to Bangladesh (A/HRC/53/28/Add.1) and her Visit to South Sudan (A/HRC/53/28/Add.2).

Presentation of Reports

SIOBHÁN MULLALLY, Special Rapporteur on trafficking in persons, especially women and children, said her report examined trafficking in persons and the intersections with refugee protection, internal displacement and statelessness.  Displacement, internally or across borders, heightened risks of trafficking in persons.  States had a responsibility to prevent trafficking and to ensure effective protection of victims or persons at risk of trafficking.  Globally 108.4 million people were forcibly displaced at the end of 2022.  Children accounted for 40 per cent of all forcibly displaced people.  Existing vulnerabilities such as discrimination and failures in rule of law application made displaced persons more vulnerable to exploitation and trafficking.  Expanding safe, regular migration opportunities, providing resettlement opportunities, rights-based family reunification, as well as ensuring effective access to asylum were essential to preventing trafficking in persons and to ensuring protection of victims.  There was a need for more shared responsibility and systematic, gender-responsive pathways for the admission of persons with international protection needs.

Ms. Mullally expressed concern at the adoption of legislation and policy measures with a stated aim of preventing trafficking in persons, which sought to restrict access to international protection, and which failed to comply with international law.  Accelerated, third country-based refugee status determination procedures and pushbacks following interceptions at sea or at land borders undermined States’ abilities to fulfil their obligations to identify, assist and protect victims of trafficking.

Ms. Mullally highlighted the significant contribution to refugee protection being made by countries hosting high numbers of refugees.  These countries faced numerous protection challenges, including trafficking in persons, especially children.  Trafficking for purposes of sexual exploitation continued to be widely reported where there was a presence of non-State armed groups or criminal groups.  Despite the risks, in many humanitarian settings and protection clusters, there were no dedicated staff or programmes on prevention of trafficking or protection of trafficked persons, and limited awareness of or capacity to respond to risks of trafficking.  Gaps in prevention and failures of protection of children remained, particularly relating to child and forced labour, illegal adoptions, child and forced marriage, and domestic servitude.  Vulnerability screening or assessments in refugee registration and refugee status determination procedures were not systematically supported by specialised training on risks of trafficking in persons, or on protection needs of trafficked persons.

Where the rights of refugees to freedom of movement, to work, to access education or training, were limited, the risks of exploitation increased.  Referral pathways and memoranda of understanding to provide assistance to victims of trafficking needed to be supported by resources, and services, linking up with anti-trafficking measures on the ground.  States needed to identify and protect victims of trafficking or persons at risk of trafficking in the context of interceptions at sea, and ensure that victims of trafficking were given an effective opportunity to claim asylum. 

Ms. Mullally called upon States to make concrete contributions to a multi-stakeholder pledge on the prevention of trafficking in persons at the Global Refugee Forum in December 2023.  She also encouraged States to pledge on expanding concrete solutions for displaced people, ensuring effective access to asylum, increasing resettlement commitments, and expanding complementary pathways for family reunification, education and work.  At the same time, States needed also to support concrete protection services along mixed movement routes to mitigate risks of trafficking and related abuses, and address the specific needs for safe accommodation.

The Special Rapporteur reported on her official visit to South Sudan.  She expressed concern at the prevalence of trafficking in children and the continuing high numbers of abductions leading to trafficking for purposes of child marriage, child labour, recruitment and use by armed forced and armed groups, and exploitation in criminal activities.  She welcomed the adoption of the comprehensive action plan to end and prevent all grave violations against children.  There was a need for further action to prevent conflict-related trafficking in children.  There was very limited assistance and protection available to trafficked persons and a need for urgent provision of safe accommodation and access to medical assistance, education, training and employment, legal aid and effective remedies.  She commended the positive measures taken by South Sudan to welcome and host significant numbers of refugees and protect the rights of refugees.  Challenges had increased significantly, given the arrival of refugees from Sudan since the outbreak of conflict.  Further urgent support was needed from the international community and United Nations entities. 

Ms. Mullally also presented observations from her official visit to Bangladesh, which hosted almost one million Rohingya refugees from Myanmar.  She stressed the urgent need for continued international support.  She expressed grave concerns regarding the trafficking of women and girls for the purposes of sexual exploitation and child marriage, both internally and across borders, as well as the continuing risks posed by child labour, leading to child trafficking.  There was also a need for urgent action to strengthen the protection of the rights of Rohingya refugees, and to prevent the trafficking of Rohingya refugees, particularly of children and young people.  Ms. Mullally recommended that the Government of Bangladesh take measures to reduce statelessness, end restrictions on the movement of Rohingya refugees, and grant them refugee status and pathways to citizenship.  She also recommended that the international community expand opportunities for resettlement and provide safe and regular migration opportunities for Rohingya refugees.

Statements by Countries Concerned

Bangladesh, speaking as a country concerned, said the report generally reflected the efforts by the Government and progress made in addressing human trafficking in persons, especially women and children; as well as the challenges to be addressed further.  Bangladesh maintained a ‘zero tolerance’ policy to human trafficking.  The Government was vigilant to protect civil society and create space for freedom of expression for all walks of life.  On the recommendation to grant forcibly displaced Myanmar nationals refugee status and pathways to citizenship, Bangladesh had been extending protection and all assistance to the Rohingya temporarily sheltered in Bangladesh in the face of atrocities crimes.  The Government was committed to addressing trafficking in persons; and in this context would carefully examine observations and recommendations made in the spirit of positive engagement and collaboration.

South Sudan, speaking as a country concerned, said the Government had cooperated with the Special Rapporteur and commended her acknowledgement of the efforts made by the Government, including the action plan for the armed forces to address violence, and the strategic action plan to end child marriage.  Child and women abductions were being combatted through enormous efforts by the Government, including repatriation.  A special court for sexual and gender-based violence had been established, as well as military courts, in an effort to end impunity, which the Government did not condone under any circumstances.  All children found with armed groups were released and re-united with their families.  The Government had released children from the armed forces and no longer recruited them.  The Government worked to identify and free trafficking victims, and was strongly committed to eliminating any activities linked to trafficking whenever and wherever they were found in the country.  However, the need for capacity building to combat this phenomenon remained.

Discussion

In the ensuing dialogue, many speakers, among other things, said no human being should be sold, bought or trafficked, but millions were trafficked each day.  Human trafficking turned victims into objects to be discarded.  Speakers condemned all forms of trafficking in persons.  Compounding crises, including climate-related disasters and COVID-19, had led to an increase in trafficking in persons in recent years.  Traffickers’ actions affected every country in the world.  Speakers condemned trafficking for the purposes of sexual or labour exploitation, as well as trafficking in children.  Illegal trade in work permits led to increased risk of trafficking.  This practice needed to be prevented.  There was also a need to combat organised transnational trafficking rings. 

The risk of trafficking was high for refugees and internally displaced persons.  The provisions of the Global Compact on Refugees needed to be upheld.  International cooperation was needed to provide safe pathways for migrants.  States needed to share information on illegal trafficking routes.  International cooperation and support were needed to assist countries that hosted a high number of refugees.  Speakers expressed sadness about the recent incident in the Mediterranean Sea, in which many migrant lives were lost.  This incident was a stark reminder of the need for more robust measures to combat trafficking and protect migrants on dangerous migration pathways.  Many speakers said that limiting access to asylum increased the risk of trafficking.  States needed to facilitate access to asylum and abide by the principle of non-refoulement. 

Women, children and other marginalised groups were disproportionately affected by trafficking.  Women and girls were three times more likely to experience violence during trafficking than men and boys.  States needed to adopt legislation to protect these vulnerable groups in accordance with international norms.  Those working in migration centres needed to be trained on identifying victims of trafficking.  States needed to address the factors that led to increased risk of trafficking for refugees and internally displaced persons.  Humanitarian organizations played an important role in identifying potential victims of trafficking and providing support to victims.  Humanitarian organizations needed the support of the international community in this regard.

Many speakers expressed support for the Special Rapporteur’s conclusions and observations.  One speaker said that country projects to combat trafficking in persons should only be initiated with the permission of the country concerned.  Another said that it was concerning that the report contained information from biased political actors.  The Special Rapporteur needed to refrain from bias, politicisation, selectivity and double standards.

More international efforts were needed to combat the scourge of trafficking. Speakers expressed their commitment to eradicating trafficking in persons, to providing support and to rehabilitating victims, and to combatting organised international crime.  Some speakers called on all States to ratify the Palermo Protocol on Trafficking in Persons.

Speakers reported on national measures to identify and dismantle transnational criminal trafficking networks; develop laws to combat and punish trafficking; promote international dialogue on preventing trafficking in the context of environmental disasters; promote the rehabilitation of victims and their families; establish shelters and support services for victims of trafficking; develop national action plans for combatting human trafficking; raise awareness about the risks of trafficking; accede to the Palermo Protocol on Trafficking in Persons and other relevant international norms; provide financial support to the United Nations High Commissioner for Refugees; establish programmes addressing the needs of transgender persons; set up a fund to combat trafficking in persons; and establish refugee assessment processes that included mechanisms for identifying victims of trafficking. 

Questions were asked on measure to increase international cooperation to combat trafficking and international criminal networks; on strong mechanisms to identify persons at risk of trafficking at an early stage; on means of involving survivors in developing policy on preventing trafficking; on legal protections needed for persons forced to migrate due to climate change; on methods of identifying legal loopholes that put internally displaced persons and refugees at risk; on how to increase international cooperation to provide comprehensive protection to victims; on the responsible use of new technologies for identifying potential victims of trafficking; on measures to protect persons who did not have formal residential status from trafficking; on means of combatting trafficking in situations of conflict and terrorism; on policies for protecting lesbian, gay, bisexual, transgender and intersex persons from trafficking; on mechanisms to protect unaccompanied minors; and on methods of strengthening national and international legal mechanisms for preventing trafficking.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/06/morning-human-rights-council-discusses-report-trafficking

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