Part II NHRIs in action
NHRIs can also initiate inquiries into systemic patterns of abuse or human rights violations faced by
migrant workers and their families. Given the broad and structural nature of the violations that migrant
workers commonly experience, these inquiries should consider and address their economic, social and
cultural rights, as well as their civil and political rights.216
In addition, NHRIs should pay special attention to protecting the rights of victims of trafficking and
smuggling, including promoting their access to justice and other necessary support services.217 As the
UN Committee against Torture noted in its report to Indonesia, following its country visit in 2008:
The State party should also create adequate conditions for victims [of trafficking] to exercise their
right to make complaints, conduct prompt, impartial and effective investigation into all allegations
of trafficking and ensure that perpetrators are brought to justice and punished with penalties
appropriate to the nature of their crimes.218
UN Photo by Jean Pierre Laffont.
216
Ibid; para. 41.
217
Ibid; para. 30: “NHRIs should protect the rights of victims of trafficking and smuggling, especially women and children, including
by providing legal assistance or taking legal action to defend the rights of smuggled and trafficked persons’ rights”; and para. 31:
“NHRIs should protect trafficked persons, especially women and children, from harm, threats or intimidation by traffickers and
associated persons.”
218
Concluding observations of the Committee against Torture: Indonesia; UN Committee Against Torture; CAT/C/IDN/CO/2; pp. 8-9.
Chapter 7: Investigating allegations of human rights violations | 87