This is the only way to retain a focus on the
trafficked persons: to ensure that trafficking is
not simply reduced to a problem of migration,
a problem of public order or a problem of
organized crime.
It was on the basis of such convictions that
my predecessor, Mary Robinson, led the
development of the Recommended Principles
and Guidelines on Human Rights and Human
Trafficking and transmitted them to the United
Nations Economic and Social Council in
2002. She explained that their development
was her Office’s response to the clear need for
practical, human rights-based policy guidance,
and encouraged States and intergovernmental
organizations to make use of them in their own
efforts to prevent trafficking and to protect the
rights of trafficked persons. The response to this
call has been impressive. Since then they have
been integrated into numerous policy documents
and interpretive texts attached to international
and regional treaties, including both the Protocol
to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children,
supplementing the United Nations Convention
against Transnational Organized Crime, and
the Council of Europe’s Convention on Action
against Trafficking in Human Beings. They have
been extensively cited by various international
human rights bodies and adopted by the Special
Rapporteur on Trafficking in Persons as a major
reference point for the work of that mandate.
Many non-governmental organizations have used
them in their efforts to advocate a stronger and
more rights-protective response to trafficking.
4
It is this very positive response that has paved
the way for the present Commentary, a
comprehensive analysis of the Principles and
Guidelines in the light of both general principles
of international law and the specific rules that
relate directly to trafficking. The need for such
a publication has been repeatedly drawn to
the attention of OHCHR. Despite the impressive
achievements of the past decade, the rights of
individuals and the obligations of States in this
area are not yet widely or well understood. As a
result, the potential of international law to guide
and direct positive change is only partially being
fulfilled. The Commentary seeks to remedy this
situation. It uses the Principles and Guidelines to
structure a detailed overview of the legal aspects
of trafficking, focusing particularly but not
exclusively on international human rights law.
I commend the Principles and Guidelines and the
present Commentary to States, the international
human rights system, intergovernmental
agencies, civil society groups and all others
involved in preventing trafficking, securing justice
for those who have been trafficked and ending
impunity for those who benefit from the criminal
exploitation of their fellow human beings.
exploitation of their fellow human beings.
Navanethem Pillay
United Nations High Commissioner
for Human Rights