• Ensuring that a supportive environment is
provided to applicants who claim to be
victims of trafficking;
• Understanding that asylum-seekers who
are victims of trafficking may be in fear of
revealing the full extent of their persecution
and that this fear may have a gender
dimension that needs to be taken into account;
• Accepting that certain forms of trafficking may
have a disproportionately severe effect on
women and children and may, in fact, give
rise to individuals being considered victims of
gender-related persecution; and
• Avoiding any overt or implied link between
the merits of an asylum claim and the
willingness of a victim to give evidence
against his or her exploiters (paras. 45-50).163
3.5. MONITORING THE IMPACT OF
ANTI-TRAFFICKING MEASURES
The Trafficking Principles and Guidelines
recognize the critical importance of monitoring
the impact of anti-trafficking interventions
to ensure they do not interfere with, or
otherwise negatively affect, established rights.
Guideline 1.7 encourages the establishment of
mechanisms to monitor the human rights impact
of anti-trafficking laws, policies, programmes
and interventions. The same Guidelines also
suggest that this role should be assigned to
independent national human rights institutions
– such as a national human rights commission
– where these bodies exist.164 States have
entrusted a national rapporteur on trafficking
with responsibility for monitoring the national
response.165 Independent monitoring is an
important aspect of ensuring that laws, policies
and practices do not infringe on established
rights. However, those governmental agencies
most directly involved in the trafficking
response – including legislators; lawenforcement, prosecutorial and judicial bodies
and victim support agencies – should also
monitor their own actions and performance
from a human rights perspective.
The Trafficking Principles and Guidelines
further note that non-governmental
organizations working with trafficked persons
should be encouraged to participate in
monitoring and evaluating the human rights
impact of anti-trafficking measures.166 Such
monitoring should not be limited to the
actions of the State but could usefully be
extended to encompass the activities of the
non-governmental agencies themselves – in
particular, service providers and others directly
involved with victims.
The human rights impact of anti-trafficking
measures is not just an internal matter for the
State. Guideline 1.8 envisages a role for the
United Nations human rights treaty bodies – all
of which receive and consider periodic reports
from States parties on a range of issues and
rights that relate directly to trafficking.
SEE FURTHER:
• Demand for trafficking: part 2.2, sections 4.1-4.4
• Freedom of movement: part 2.3, section 7.4
163
On the gender aspects, see also UNHCR Gender
Guidelines, and Cathy Zimmerman and Charlotte Watts,
WHO Ethical and Safety Recommendations for Interviewing
Trafficked Women (World Health Organization, 2003).
165
On the role of national human rights institutions in
monitoring anti-trafficking interventions, see Asia Pacific
Forum of National Human Rights Institutions (APF), Advisory
Council of Jurists, Consideration of the Issue of Trafficking:
Background Paper and Final Report (December 2002).
166
164
This mechanism is expected to become a European
standard through proposed revisions to the 2002 Council
Framework Decision on Trafficking. See the 2009 proposal
for a new Framework Decision on Trafficking.
For an example of NGO monitoring of government
responses to trafficking, see Global Alliance against
Trafficking in Women, Collateral Damage: the Impact of
Anti-Trafficking Measures on Human Rights around the
World (2007).
COMMENTARY
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