given to assigning this role to independent national human rights institutions
where such bodies exist. Non-governmental organizations working with
trafficked persons should be encouraged to participate in monitoring and
evaluating the human rights impact of anti-trafficking measures.
8.
Presenting detailed information concerning the measures that they have
taken to prevent and combat trafficking in their periodic reports to the United
Nations human rights treaty-monitoring bodies.21
9.
Ensuring that bilateral, regional and international cooperation
agreements and other laws and policies concerning trafficking in persons do
not affect the rights, obligations or responsibilities of States under
international law, including human rights law, humanitarian law and refugee
law.
10. Offering technical and financial assistance to States and relevant sectors
of civil society for the purpose of developing and implementing human rightsbased anti-trafficking strategies.
Guideline 2: Identification of trafficked persons and traffickers
Trafficking means much more than the organized movement of persons for profit. The
critical additional factor that distinguishes trafficking from migrant smuggling is the
presence of force, coercion and/or deception throughout or at some stage in the process —
such deception, force or coercion being used for the purpose of exploitation. While the
additional elements that distinguish trafficking from migrant smuggling may sometimes be
obvious, in many cases they are difficult to prove without active investigation. A failure to
identify a trafficked person correctly is likely to result in a further denial of that person’s
rights. States are therefore under an obligation to ensure that such identification can and
does take place.
22
States are also obliged to exercise due diligence in identifying traffickers,
who are involved in controlling and exploiting trafficked persons.
including those
States and, where applicable, intergovernmental and non-governmental organizations,
should consider:
1.
Developing guidelines and procedures for relevant State authorities and
officials such as police, border guards, immigration officials and others
involved in the detection, detention, reception and processing of irregular
migrants, to permit the rapid and accurate identification of trafficked persons.
2.
Providing appropriate training to relevant State authorities and officials
in the identification of trafficked persons and correct application of the
guidelines and procedures referred to above.
3.
Ensuring cooperation between relevant authorities, officials and nongovernmental organizations to facilitate the identification and provision of
21
22
The human rights treaty-monitoring bodies include the Human Rights Committee;
the Committee on Economic, Social and Cultural Rights; the Committee on the
Elimination of Discrimination against Women; the Committee on the Elimination of
Racial Discrimination; the Committee against Torture; and the Committee on the
Rights of the Child.
The term “traffickers”, where it appears in the present Principles and Guidelines, is
used to refer to: recruiters; transporters; those who exercise control over trafficked
persons; those who transfer and/or maintain trafficked persons in exploitative
situations; those involved in related crimes; and those who profit either directly or
indirectly from trafficking, its component acts and related offences.
67