FROM BONDAGE TO FREEDOM 30 Chapter 2 Basis for International Legal Regime on Trafficking A. International Human Rights Law As illustrated in Chapter 1, trafficking in persons leads to violation of manifold human rights of the trafficked persons. Many of these human rights have been granted international recognition and acceptance by way of customary international law, treaty law, declarations / resolutions of international institutions or been granted the status of jus cogens. These constitute the body of International Human Rights Law. Interestingly, a State is liable for the breach of these laws. The international human rights movement is based on the concept that every nation has an obligation to respect the human rights of its citizens and that other nations and the international community have a right and responsibility to protest if States do not adhere to this obligation. It should, however, be emphasized that international human rights law provides only one possible weapon in the war against trafficking. Many other tools, both legal and non-legal, are required to end this menace. Before venturing on a discussion on the constituents of international human rights law, it would be appropriate here to explain the concept of State Responsibility. State Responsibility It is widely accepted that human rights violations are an important root cause of trafficking and that the trafficking process itself constitutes a serious violation of human rights64. Since the State remains the primary actor in international law, it is through the State that trafficked persons may seek protection and it is against the State that those same individuals may claim reparation or redress for violations. States are also under an international obligation to respect, protect and fulfil human rights.65 The obligation to respect rights requires the State to refrain from committing 64 See, for example, Vienna Declaration and Programme of Action, World Conference on Human Rights, UN Doc. A/CONF/157/23 (1993) Pt. I, para 18 (“Gender-based violence and all forms of exploitation including those resulting from cultural prejudice and international trafficking, are incompatible with the dignity and worth of the human person and must be eliminated…”), and Pt. II, para. 38; See also the Report of the Fourth World Conference on Women held in Beijing from 4-15 September, 1995. 65 John Cerone, State Responsibility for the Acts of Non –State actors: The trafficking of Women for the Purpose of Sex Industry Work, (unpublished paper) at p.1.