• Discussion 1 •
HUMAN TRAFFICKING AND REFUGEE
PROTECTION: UNHCR‘S PERSPECTIVE
Christian Baureder, Protection Officer
(UNHCR Seoul)
1. The Office of the United Nations High Commissioner for Refugees (hereinafter
“UNHCR” or “the Office”) values the efforts and shares the legitimate interest of
States in combating trafficking in persons, a crime which may entail serious violations
of the human rights of its victims. UNHCR specifically draws attention to the
humanitarian consequences of this crime and calls for a human rights‐based approach
to human trafficking which goes beyond identifying and prosecuting the perpetrators,
and includes measures to address the protection needs of victims or individuals who
have been or are at risk of being trafficked.
2. Further to the outline below of UNHCR’s interest and activities in the area of human
trafficking, UNHCR highlights the following key issues in the prevention of human
trafficking and protection of its victims.
- The crime of trafficking in human beings may violate fundamental human rights of
victims and sometimes the rights of their families. While UNHCR appreciates the
importance placed by States on combating this crime, UNHCR urges that measures
taken in this respect are implemented with due regard to victims’ potential needs for
international protection, respect for the principle of non‐refoulement and for
victims’ human rights.
- Persons who have been or are at risk of being trafficked may have a well founded
fear of persecution or be at risk of serious harm. States must ensure that appropriate
and effective referral mechanisms are in place between authorities involved in anti
trafficking activities and those responsible for granting of international protection.
Such measures must ensure full compliance with the principle of non‐refoulement.
- The potential need for international protection of persons who have been trafficked
or are at risk of being trafficked must be taken into account. This includes assessing
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