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Rights Based Approach to Address Human Trafficking

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Global consensus that human rights must be at the core of any protection and wellbeing effort; ... Rights always imply correlative duties or obligations ... – PowerPoint PPT presentation

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Title: Rights Based Approach to Address Human Trafficking


1
Rights Based Approachto Address Human Trafficking
  • Md. Shahidul Haque
  • IOM Regional Representative for the Middle East
  • Regional Expert Meeting on Rights Based
    Assistance to Victims of Trafficking
  • Cairo, 14-16 December 2008

2
Introduction
  • Human trafficking is a gross violation of
    fundamental human rights
  • Global consensus that human rights must be at the
    core of any protection and wellbeing effort
  • Human trafficking must be addressed through a
    rights based approach
  • Rights based approach is not a new concept,
    though it has received unprecedented attention
    recently.

3
Conceptualization
  • Rights based approach is a comprehensive
    framework normatively guided by international
    human rights, norms, principles and standards as
    well as operationally directed to ensure the
    human rights of affected people
  • Rights based approach changes situation of
    beneficiary/ies from a passive recipient to
    rights holders
  • From RBA perspectives, VoTs are in a situation
    that deprives them of their capabilities, choices
    and power essential to enjoy fundamental rights.

4
Conceptualization
  • Major components of a RBA
  • Human beings at the centre of all activities
    (respect for human beings)
  • Process is equally important as the outcome that
    is aimed at empowerment
  • Principles of non-discrimination, freedom,
    equality and equity are taken into account when
    designing rights based interventions
  • Accountability of all stakeholders is central
  • Access to information by/for the concerned
    people
  • High level of participation of the affected
    people is essential.

5
Comparison between NBA and RBA
6
Empowerment is Fundamental to RBA
  • Expansion of assets and capabilities of people to
    participate in, negotiate with, influence,
    control, and hold accountable institutions that
    affect their lives
  • Means strengthening the capabilities of the
    people to exercise control over things that
    affect their lives
  • At its core, empowerment means putting people on
    equal footing to others, by giving marginalized
    or survivors the opportunity, voice and power to
    make a decent life.

7
Trafficking through RBA lens
LOSS OF CONTROL Person can not leave the
situation if he/she wants to due to binding
factors (threats, debt bondage, etc.)
  • TRAFFICKING HARM/PROBLEM
  • Person no longer has control over the following
    elements of their life for a period of time
  • What type of work they do (their livelihood)
  • Their work environment and the conditions of this
    work and
  • Their freedom of movement in the context of this
    work situation.
  • OUTCOME Situation of forced labor, servitude or
    slavery-like practices.

THIRD PARTIES Third parties (traffickers)
benefit and/or participate in placing and
maintaining a person in the exploitative
situation.
COMMERCIAL The exploitation results in some kind
of commercial/financial gain by a third party
(Traffickers)
VIOLATION OF HUMAN RIGHTS AND CIVIL LAWS Basic
laws, ethics and human rights are
broken/compromised as a part of the process of
recruiting, transporting, harboring and selling a
person
8
Challenges in Implementing RBA
  • Traditional approach in dealing with VoTs as
    criminals (arrest, prosecute and punish)
  • Lack of awareness and understanding of human
    rights entitlements of VoTs
  • Ambiguities and confusion in separating VoTs from
    smuggled migrants or standard migrants or
    refugees (mixed migration)
  • Lack of specific tools and expertise in measuring
    impacts of counter trafficking interventions on
    the human rights of VoTs and other related people
    and societies
  • Assistance to VoTs is sometimes conditional upon
    their willingness to cooperate with LEA.

9
RBA to Addressing Human Trafficking
  • Recognition that human trafficking is both a
    cause and consequence of human rights violations
  • Integration of human rights, norms, standards and
    principles in counter-trafficking policies,
    legislations and programs, including preventative
    measures
  • States as duty barriers are obliged to
  • - Reorganize trafficked persons a holders of
    rights
  • - Investigate alleged violations of human rights
    without any discrimination
  • - Punish violators of human rights
  • - Provide effective remedies to survivors

10
RBA to (Cont.)
  • Counter trafficking measures should focus on
  • Respecting VoTs as human beings
  • Recognizing their capabilities as assets
    (empowerment)
  • Offering freedom of choice and self
    determination
  • Enhancing protection of rights
  • Ensuring confidentiality and right to privacy
  • Extending physical, legal and emotional support
  • Shared responsibility of family and community
  • Involving and enabling civil society to engage
    in counter trafficking efforts.

11
International Instruments to Address Human
Trafficking
  • Universal Declaration of Human Rights (1948)
  • International Covenant on Economic, Social and
    Cultural Rights (1976)
  • International Covenant on Civil and Political
    Rights (1976)
  • Convention on the Elimination of All Forms of
    Discrimination Against Women (1981)
  • Palermo Protocols (2000)
  • OHCHR Recommended Principles on Human Rights and
    Human Trafficking (2002).

12
Recommended Principles on Human Rights and
Trafficking
  • The instrument focuses on
  • Primacy of human rights (VoTs are at the
    centre)
  • Comprehensiveness in approach (prevention,
    prosecution, protection)
  • Responsibilities of States in all aspects of
    human trafficking
  • Anti-trafficking measures not to adversely
    affect the human rights and dignity of persons on
    the move.

13
Recommended Principles on Human Rights and
Trafficking
  • Provides 11 Guidelines on
  • Promotion and protection of human rights
  • Identification of trafficked persons and
    traffickers
  • Research, analysis, evaluation and
    dissemination
  • Ensuring an adequate legal framework
  • Ensuring an adequate law enforcement
  • Protection and support for trafficked persons
  • Preventing trafficking
  • Special measures for the protection and support
    of child victims of trafficking
  • Access to remedies
  • Obligations of peacekeepers, civilian police and
    humanitarian and diplomatic personnel
  • Cooperation and coordination between States and
    regions

14
Conclusion
  • Create a conducive environment so that people can
    migrate out of choice (not under compulsion)
  • Counter trafficking interventions should not
    cause harm to the VoT and others (collateral
    damage)
  • Governments undertaking the primary
    responsibility to protect and promote rights of
    VoTs is fundamental to a rights based approach.

15
Thank you indeed
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