PART 2.2 by exacerbating vulnerability and, thereby, exploitability. THE IMPORTANCE OF LABOUR PROTECTION • As noted by the International Labour Organization, “[a] major incentive for trafficking in labour is the lack of application and enforcement of labour standards in countries of destination as well as origin ... [t]olerance of restrictions on freedom of movement, long working hours, poor or non-existent health and safety protections, non-payment of wages, substandard housing, etc. all contribute to expanding a market for trafficked migrants who have no choice but to labour in conditions simply intolerable and unacceptable for legal employment”.181 • Research confirms that demand for the labour or services of trafficked persons is absent or markedly lower where workers are organized and where labour standards for wages, working hours and conditions, and health and safety, are monitored and enforced.182 • Rights-based strategies to address the demand for cheap, controllable labour should therefore aim to secure adequate labour protection – including through properly monitored regulatory frameworks – for all persons, including migrants and those working in the informal economy.183 International Labour Organization, Getting at the roots: Stopping exploitation of migrant workers by organized crime, International Symposium on the United Nations Convention against Transnational Organized Crime: Requirements for Effective Implementation, Turin, 22-23 February 2002, section 3 (b). 181 182 NON-VIOLATION OF ESTABLISHED RIGHTS • Human rights-based strategies to address trafficking-related demand must pass the test set out in Principle 3: there should be no violation of established rights, in particular, the rights of those who have been trafficked or of migrants, internally displaced persons, refugees or asylum-seekers. THE IMPORTANCE OF RESEARCH • Demand in the context of trafficking is still poorly understood, often leading to inappropriate responses. Research is an essential aspect of understanding demand. This is recognized in the European Trafficking Convention, which in article 6 (a) explicitly calls on States parties to undertake research on best practices, methods and strategies to discourage demand. 4.4. CRIMINALIZATION OF DEMAND Neither the Trafficking Principles and Guidelines nor the Trafficking Protocol refers specifically to the criminalization of demand. However, the Legislative Guide for the implementation of the Protocol notes (in para. 74) that demand reduction “could be achieved in part through legislative or other measures targeting those who knowingly use or take advantage of the services of victims of exploitation.” This notion is carried further by article 19 of the European Trafficking Convention, entitled: “Criminalisation of the use of services of a victim”. Article 19 requires States parties to that treaty to consider: adopting such legislative and other measures as may be necessary to establish as criminal Anderson and O’Connell-Davidson, op. cit., p. 54. The Inter-American Court has held that: “States are obliged to ensure that, within their territory, all the labour rights stipulated in its laws – rights deriving from international instruments or domestic legislation – are recognized and applied. Likewise, States are internationally responsible when they tolerate actions and 183 102 practices of third parties that prejudice migrant workers, either because they do not recognize the same rights to them as to national workers or because they recognize the same rights to them but with some type of discrimination.” Undocumented Migrants Case, para. 153. RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING