6
PRINCIPLE 6 AND RELATED GUIDELINES:
IDENTIFYING AND ADDRESSING
PUBLIC-SECTOR INVOLVEMENT
IN TRAFFICKING231
States shall exercise due diligence in identifying
and eradicating public-sector involvement or
complicity in trafficking. All public officials
suspected of being implicated in trafficking
shall be investigated, tried and, if convicted,
appropriately punished.231
6.1. PURPOSE AND CONTEXT
In many situations of trafficking, particularly
those that are widespread, serious and
intractable, there will be some level of direct or
indirect involvement by public officials. Direct
involvement refers to situations whereby public
officials are actually a part of the trafficking
process; for example as recruiters, brokers or
exploiters. Examples of complicity in trafficking
through less direct forms of involvement include
the following:
• Border officials accepting bribes or
inducements to permit the passage of persons
who may be trafficked;
• Law enforcement officials (including
international peacekeeping or international
military personnel) accepting favours in
This section draws on Gallagher, International Law of
Human Trafficking, chap. 8.
231
exchange for protection from investigation or
prosecution;
• Labour inspectorates or health and safety
officials accepting bribes to certify dangerous
or illegal workplaces;
• Law enforcement or other public officials
(including international peacekeeping or
international military personnel) maintaining
commercial interests in businesses using
the services of trafficked persons, such as
brothels; and
• Criminal justice officials, including prosecutors
and judges, accepting bribes to dispose of
trafficking cases in a particular way.
Public-sector complicity in trafficking, whether direct
or indirect, undermines confidence in the rule of
law and the fair operation of the criminal justice
process. It fuels demand for illegal markets such as
trafficking, and facilitates the efforts of organized
criminal groups to obstruct justice. Public-sector
complicity in trafficking exacerbates victim
vulnerability and renders almost impossible the full
discharge of a State’s obligation to investigate and
prosecute trafficking cases with due diligence.
Principle 6 is directed at States and requires
them to use all reasonable efforts to identify,
eradicate, investigate and punish public-sector
involvement in trafficking.
COMMENTARY
117
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