PART 2.2
abuses occur should be regulated by the State,
or whether market relations should apply in
these areas.”171
It is also important to acknowledge a distinction
between the causes or factors that shape demand
and the demands themselves. This distinction
becomes highly relevant when considering the
roles and responsibilities of different actors
including countries of origin, countries of
destination and individuals. As noted by the
authors of a major study on this issue, “to explore
‘the demand side of trafficking’ is not simply to
enquire about the individuals who exploit or
consume the labour/services of trafficked persons,
but also to question the way in which States –
through a combination of action and inaction
– construct conditions under which it is possible
or profitable to consume or exploit such labour/
services.”172 States can of course play a more
direct part in the demand cycle. Many countries
of destination derive great benefit from cheap
foreign labour which, deliberately unprotected by
law, can be moved on if and when circumstances
require. Countries of origin may rely heavily
on the remittances of overseas workers and be
reluctant to interfere with a system that brings
economic benefits – even if it is clear that some of
their citizens are being severely exploited.
Finally, demand cannot be considered separately
from supply – not least because supply may
well generate its own demand. For example,
the availability of a cheap and exploitable
domestic labour force (made possible through
the factors further considered below, and
more extensively under Principle 5 and related
guidelines) can itself help generate demand
for exploitative domestic labour at a level that
might not otherwise have existed. Similarly, in
relation to prostitution some argue that demand
171
Anderson and O’Connell-Davidson, op. cit., p. 54.
172
Anderson and O’Connell-Davidson, op. cit., p. 5.
98
actually fuels the market for persons trafficked
into prostitution.
In keeping with the purpose of this Commentary,
the emphasis of the following discussion is
on human rights and on identifying ways in
which rights violations linked to the demand
for trafficking and related exploitation can be
prevented and addressed.
4.2. AN OBLIGATION TO ADDRESS
DEMAND?
Principle 4 identifies demand as a root cause
of trafficking and requires States to address
demand in their response to trafficking. It is
reinforced by Guideline 7.1, which requires
States and others to “analys[e] the factors that
generate demand for exploitative commercial
sexual services and exploitative labour and
tak[e] strong legislative, policy and other
measures to address these issues.”
The issue of demand is taken up by the major
trafficking treaties. Article 9 (5) of the Trafficking
Protocol requires States parties to “adopt or
strengthen legislative or other measures, such
as educational, social or cultural measures,
including through bilateral and multilateral
cooperation, to discourage the demand that
fosters all forms of exploitation of persons,
especially women and children, that leads to
trafficking.” As noted in the Legislative Guide to
the Protocol, this provision is mandatory. States
parties to the Protocol are required to take at
least some measures towards reducing demand
that leads to trafficking.173
In its article 6, the European Trafficking
Convention requires States parties to adopt
or strengthen legislative, administrative,
Legislative Guides to the Organized Crime Convention
and its Protocols, para. 70.
173
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents