Human Rights
participating States have taken steps in recent
years to tackle the problem, including by adopting anti-trafficking legislation, as well as by creating specialized law enforcement structures
and mechanisms to ensure protection and assistance to trafficking victims.
In essence, trafficking concerns the exploitation of human beings. Until recently, participating States had focused almost exclusively
on the exploitation of trafficked persons in the
sex industry. However, they are now registering
a growing problem with trafficking for labour
exploitation in traditionally low-wage employment sectors such as agriculture, construction,
hospitality, and care work. Action to address
trafficking has to take account of the varying
forms of exploitation. At the same time, measures taken must be examined to ensure that
they do not result in unintended harm to victims of trafficking or vulnerable groups or lead
to further violations of their human rights.
In 2003, participating States adopted an
Action Plan to Combat Trafficking in Human
Beings. This sets out detailed measures to be
taken by participating States to address trafficking. The Action Plan has been subsequently
updated by a number of Ministerial Council
decisions, including a 2005 addendum on child
trafficking.
Building on its tasks under the Action Plan,
the ODIHR has focused its anti-trafficking
work on promoting protection of the rights of
trafficked persons. It developed the concept of
National Referral Mechanisms (NRMs), which
are widely recognized as an effective way of protecting trafficked persons’ rights, preventing
trafficking, and securing prosecution of the perpetrators of trafficking. Much of the ODIHR’s
work on anti-trafficking includes promoting
the establishment of NRMs, as well as reporting on, and improving the protection of, victims’
rights.
The ODIHR has initiated a series of assessments as the starting point for its work in supporting the establishment of NRMs. The aim of
the assessments is to raise awareness of OSCE
commitments and recommendations on trafficking, in particular on the principles of NRMs,
and to help identify gaps in structures and
responses. They evaluate policies and practices
on the identification and protection of trafficked
persons, including their access to justice, and
include legislative and media reviews of trafficking in the respective country. It is expected
that the findings from the assessments will be
exchanged between countries to raise awareness
of different approaches and stimulate change
where necessary.
National Referral Mechanisms
The NRM concept encompasses both institutional
structures to combat trafficking and good working
practices on the identification and referral of trafficked persons. On structures, it promotes the creation
of multi-agency working groups for the development
and implementation of anti-trafficking policy. It also
recommends the creation of a national co-ordinator
to head up such structures and to be accountable for
action on trafficking in the respective country.“Multiagency” refers to the participation of state labour,
health, social-affairs, and criminal-justice actors
alongside civil society.
It recommends the drawing-up of memoranda of
understanding between law enforcement and socialservice providers that outline the roles and responsi-
bilities of each. Such agreements help to ensure that,
in the process of identification and referral, the victim does not become a pawn in the criminal-justice
process, but is given immediate, unconditional access
to assistance and protection. Appropriate legislation ensuring protection of trafficking victims is also
important here, not least if the victim is in an irregular-immigration situation and needs residency status
to access his or her rights.
The NRM concept also recognizes that the failure
to identify trafficked persons is an obstacle to effective protection, prevention, and prosecution. It therefore recommends that numerous means to assist trafficked persons in accessing protection and rights be
supported by states, such as hotlines, drop-in centres,
rights-awareness campaigns, and outreach services
for migrant communities and those working in sectors prone to exploitation.
A well-functioning NRM could guard against the
detention of trafficked persons, including their administrative detention while awaiting removal. It could
also ensure that trafficked persons always enjoy protection of their data and privacy; are able to decide
without duress whether or not to co-operate with
criminal prosecution; when involved with criminal
proceedings, are given opportunities to work or continue with their education; when acting as witnesses,
benefit from witness-protection schemes and anonymity and are never returned to countries where they
risk re-trafficking or ill-treatment.
Annual Report
59
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