Rights Based Approach to Address Human Trafficking

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Rights Based Approachto Address Human Trafficking

• Md. Shahidul Haque
• IOM Regional Representative for the Middle East
• Regional Expert Meeting on Rights Based
  Assistance to Victims of Trafficking
• Cairo, 14-16 December 2008

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Introduction

• Human trafficking is a gross violation of
  fundamental human rights
• Global consensus that human rights must be at the
  core of any protection and wellbeing effort
• Human trafficking must be addressed through a
  rights based approach
• Rights based approach is not a new concept,
  though it has received unprecedented attention
  recently.

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Conceptualization

• Rights based approach is a comprehensive
  framework normatively guided by international
  human rights, norms, principles and standards as
  well as operationally directed to ensure the
  human rights of affected people
• Rights based approach changes situation of
  beneficiary/ies from a passive recipient to
  rights holders
• From RBA perspectives, VoTs are in a situation
  that deprives them of their capabilities, choices
  and power essential to enjoy fundamental rights.
  

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Conceptualization

• Major components of a RBA
• Human beings at the centre of all activities
  (respect for human beings)
• Process is equally important as the outcome that
  is aimed at empowerment
• Principles of non-discrimination, freedom,
  equality and equity are taken into account when
  designing rights based interventions
• Accountability of all stakeholders is central
• Access to information by/for the concerned
  people
• High level of participation of the affected
  people is essential.

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Comparison between NBA and RBA
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Empowerment is Fundamental to RBA

• Expansion of assets and capabilities of people to
  participate in, negotiate with, influence,
  control, and hold accountable institutions that
  affect their lives
• Means strengthening the capabilities of the
  people to exercise control over things that
  affect their lives
• At its core, empowerment means putting people on
  equal footing to others, by giving marginalized
  or survivors the opportunity, voice and power to
  make a decent life.

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Trafficking through RBA lens
LOSS OF CONTROL Person can not leave the
situation if he/she wants to due to binding
factors (threats, debt bondage, etc.)

• TRAFFICKING HARM/PROBLEM
• Person no longer has control over the following
  elements of their life for a period of time
• What type of work they do (their livelihood)
• Their work environment and the conditions of this
  work and
• Their freedom of movement in the context of this
  work situation.
• OUTCOME Situation of forced labor, servitude or
  slavery-like practices.

THIRD PARTIES Third parties (traffickers)
benefit and/or participate in placing and
maintaining a person in the exploitative
situation.
COMMERCIAL The exploitation results in some kind
of commercial/financial gain by a third party
(Traffickers)
VIOLATION OF HUMAN RIGHTS AND CIVIL LAWS Basic
laws, ethics and human rights are
broken/compromised as a part of the process of
recruiting, transporting, harboring and selling a
person
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Challenges in Implementing RBA

• Traditional approach in dealing with VoTs as
  criminals (arrest, prosecute and punish)
• Lack of awareness and understanding of human
  rights entitlements of VoTs
• Ambiguities and confusion in separating VoTs from
  smuggled migrants or standard migrants or
  refugees (mixed migration)
• Lack of specific tools and expertise in measuring
  impacts of counter trafficking interventions on
  the human rights of VoTs and other related people
  and societies
• Assistance to VoTs is sometimes conditional upon
  their willingness to cooperate with LEA.

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RBA to Addressing Human Trafficking

• Recognition that human trafficking is both a
  cause and consequence of human rights violations
• Integration of human rights, norms, standards and
  principles in counter-trafficking policies,
  legislations and programs, including preventative
  measures
• States as duty barriers are obliged to
• - Reorganize trafficked persons a holders of
  rights
• - Investigate alleged violations of human rights
  without any discrimination
• - Punish violators of human rights
• - Provide effective remedies to survivors

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RBA to (Cont.)

• Counter trafficking measures should focus on
• Respecting VoTs as human beings
• Recognizing their capabilities as assets
  (empowerment)
• Offering freedom of choice and self
  determination
• Enhancing protection of rights
• Ensuring confidentiality and right to privacy
• Extending physical, legal and emotional support
  
• Shared responsibility of family and community
• Involving and enabling civil society to engage
  in counter trafficking efforts.

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International Instruments to Address Human
Trafficking

• Universal Declaration of Human Rights (1948)
• International Covenant on Economic, Social and
  Cultural Rights (1976)
• International Covenant on Civil and Political
  Rights (1976)
• Convention on the Elimination of All Forms of
  Discrimination Against Women (1981)
• Palermo Protocols (2000)
• OHCHR Recommended Principles on Human Rights and
  Human Trafficking (2002).

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Recommended Principles on Human Rights and
Trafficking

• The instrument focuses on
• Primacy of human rights (VoTs are at the
  centre)
• Comprehensiveness in approach (prevention,
  prosecution, protection)
• Responsibilities of States in all aspects of
  human trafficking
• Anti-trafficking measures not to adversely
  affect the human rights and dignity of persons on
  the move.

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Recommended Principles on Human Rights and
Trafficking

• Provides 11 Guidelines on
• Promotion and protection of human rights
• Identification of trafficked persons and
  traffickers
• Research, analysis, evaluation and
  dissemination
• Ensuring an adequate legal framework
• Ensuring an adequate law enforcement
• Protection and support for trafficked persons
• Preventing trafficking
• Special measures for the protection and support
  of child victims of trafficking
• Access to remedies
• Obligations of peacekeepers, civilian police and
  humanitarian and diplomatic personnel
• Cooperation and coordination between States and
  regions

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Conclusion

• Create a conducive environment so that people can
  migrate out of choice (not under compulsion)
• Counter trafficking interventions should not
  cause harm to the VoT and others (collateral
  damage)
• Governments undertaking the primary
  responsibility to protect and promote rights of
  VoTs is fundamental to a rights based approach.

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Thank you indeed