Human Rights
as Roma, are often not integrated into antitrafficking initiatives. Current identification
and assistance strategies need to be examined,
more opportunities to self-identify provided,
and gaps stopped.
Finally, although most OSCE participating
States have adopted anti-trafficking legislation
in keeping with their commitments under the
Palermo Protocol, many trafficked persons do
not seek justice for violations of their human
rights. In many states, they do not benefit from
legal representation or witness protection and
can be detained and returned to countries
where their safety is jeopardized and they are at
risk of being re-trafficked. All these factors contribute to undermining action to encourage the
claiming and implementation of trafficked persons’ rights, and they need to be tackled.
Establishing National Referral Mechanisms
A starting point for much of the ODIHR’s work
in promoting a human rights approach to trafficking is a series of National Referral Mechanism assessments in the OSCE region. The aim
of such assessments is to evaluate national antitrafficking structures alongside policies and
practices on the identification of trafficked persons, the protection of their rights, and their
access to justice. The recommendations provided under the OSCE Action Plan and in the
ODIHR’s handbook on National Referral Mechanisms provide the main criteria against which
these evaluations are made. This work builds
on experience from previous assessments conducted under the SEE Rights project, the final
report from which was published in 2005, with
a geographic focus on South-Eastern Europe.
Lessons learned from that project and other
referral mechanism assessments have contributed to the design of the current activity.
Assessments have been completed or are currently underway in Armenia, Belarus, Georgia, Kazakhstan, Russia, Turkey, and the United
Kingdom.
Efforts are also being made to ensure that
those responsible for anti-trafficking action
from both the governmental and non-govern-
60
mental sectors will act on the findings from
these assessments. In Kazakhstan, the assessment of anti-trafficking structures was presented at a roundtable in September, gathering
relevant governmental and civil society participants who had participated as interviewees for the research. Opportunities were given
over the course of the two days to contribute to
the analysis of the findings and develop recommendations. These recommendations contributed directly to the drafting of Kazakhstan’s
National Action Plan. To further consolidate an
understanding of the human rights approach, a
three-day training course was designed with
the collaboration of La Strada Moldova for law
enforcement and NGOs on good practices in
identification and referral of victims. Further
training is being planned to build the capacity
of Kazakh NGOs in a lobbying and advocacy
role in the development of anti-trafficking policy in keeping with the spirit of National Referral Mechanisms.
Protection starts with identification and access
to assistance
The importance of adequate identification and
assistance and enhanced co-operation between
countries of destination and origin was the
focus of an ODIHR conference entitled “Ensuring Human Rights Protection in Countries of
Destination: Breaking the Cycle of Trafficking”,
held in September 2004. The ODIHR’s current
focus on strengthening identification and protection builds on, and draws from, the discussions and practices shared at that conference.
In particular, the NRM assessments so far completed have helped to identify gaps in identification and the provision of assistance. In Armenia, a roundtable on victim identification, in
October, brought together expertise from the
UK on identification and familiarized participants with good practices on identification and
referral between law enforcement and NGOs
from numerous countries.
To ensure that victims of labour exploitation or Roma victims are included in identification and assistance strategies, the ODIHR
ANNUAL REPORT 2005
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