Human Rights participating States have taken steps in recent years to tackle the problem, including by adopting anti-trafficking legislation, as well as by creating specialized law enforcement structures and mechanisms to ensure protection and assistance to trafficking victims. In essence, trafficking concerns the exploitation of human beings. Until recently, participating States had focused almost exclusively on the exploitation of trafficked persons in the sex industry. However, they are now registering a growing problem with trafficking for labour exploitation in traditionally low-wage employment sectors such as agriculture, construction, hospitality, and care work. Action to address trafficking has to take account of the varying forms of exploitation. At the same time, measures taken must be examined to ensure that they do not result in unintended harm to victims of trafficking or vulnerable groups or lead to further violations of their human rights. In 2003, participating States adopted an Action Plan to Combat Trafficking in Human Beings. This sets out detailed measures to be taken by participating States to address trafficking. The Action Plan has been subsequently updated by a number of Ministerial Council decisions, including a 2005 addendum on child trafficking. Building on its tasks under the Action Plan, the ODIHR has focused its anti-trafficking work on promoting protection of the rights of trafficked persons. It developed the concept of National Referral Mechanisms (NRMs), which are widely recognized as an effective way of protecting trafficked persons’ rights, preventing trafficking, and securing prosecution of the perpetrators of trafficking. Much of the ODIHR’s work on anti-trafficking includes promoting the establishment of NRMs, as well as reporting on, and improving the protection of, victims’ rights. The ODIHR has initiated a series of assessments as the starting point for its work in supporting the establishment of NRMs. The aim of the assessments is to raise awareness of OSCE commitments and recommendations on trafficking, in particular on the principles of NRMs, and to help identify gaps in structures and responses. They evaluate policies and practices on the identification and protection of trafficked persons, including their access to justice, and include legislative and media reviews of trafficking in the respective country. It is expected that the findings from the assessments will be exchanged between countries to raise awareness of different approaches and stimulate change where necessary. National Referral Mechanisms The NRM concept encompasses both institutional structures to combat trafficking and good working practices on the identification and referral of trafficked persons. On structures, it promotes the creation of multi-agency working groups for the development and implementation of anti-trafficking policy. It also recommends the creation of a national co-ordinator to head up such structures and to be accountable for action on trafficking in the respective country.“Multiagency” refers to the participation of state labour, health, social-affairs, and criminal-justice actors alongside civil society. It recommends the drawing-up of memoranda of understanding between law enforcement and socialservice providers that outline the roles and responsi- bilities of each. Such agreements help to ensure that, in the process of identification and referral, the victim does not become a pawn in the criminal-justice process, but is given immediate, unconditional access to assistance and protection. Appropriate legislation ensuring protection of trafficking victims is also important here, not least if the victim is in an irregular-immigration situation and needs residency status to access his or her rights. The NRM concept also recognizes that the failure to identify trafficked persons is an obstacle to effective protection, prevention, and prosecution. It therefore recommends that numerous means to assist trafficked persons in accessing protection and rights be supported by states, such as hotlines, drop-in centres, rights-awareness campaigns, and outreach services for migrant communities and those working in sectors prone to exploitation. A well-functioning NRM could guard against the detention of trafficked persons, including their administrative detention while awaiting removal. It could also ensure that trafficked persons always enjoy protection of their data and privacy; are able to decide without duress whether or not to co-operate with criminal prosecution; when involved with criminal proceedings, are given opportunities to work or continue with their education; when acting as witnesses, benefit from witness-protection schemes and anonymity and are never returned to countries where they risk re-trafficking or ill-treatment. Annual Report  59

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