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Special Rapporteur on trafficking presents 2011 report

 

Ms. Joy Ngozi Ezeilo, in her role as the U.N. Special Rapporteur on trafficking in persons, released her latest report which covers the period from 1 March 2010 to 1 March 2011. This report includes an overview of the activities undertaken by the Special Rapporteur as well as an analysis of an effective remedy for trafficked persons.

 

In February 2011, UN.GIFT, OHCHR and the Office of the Special Rapporteur launched an online forum in the UN.GIFT.HUB to solicit views and comments on the on the right to an effective remedy for trafficked persons. More than 40 experts gathered on the UN.GIFT.HUB's forum to exchange their views on the "draft basic principles on the right to an effective remedy for trafficked persons" .

 

The participants included specialists from international and civil society organizations and academic institutions around the world. The participants discussed a variety of topics, including remedies for trafficked children, the notion of "restitution" in the context of trafficked persons, and gender-related barriers to access to justice for trafficked women.

 

The outcome of the UN.GIFT forum was reflected on the final report. A summary note of the discussions is available online at the UN.GIFT.HUB's forum.

 

Summary of the SR Report

In the report, the Special Rapporteur  clearly establishes the concept of an effective remedy as a human right, outlining the international legal framework of this right and what it entails in the specific context of trafficked persons. Also she focuses on what special factors need to be considered in realizing this right particularly for trafficked children.

 

As part of the final chapter of the report, and as part of her conclusions and recommendations, the Special Rapporteur submitted the "draft basic principles on the right to an effective remedy for trafficked persons, contained in annex I to the present report."

 

 

Main Highlights of the Report:

  • "Found that despite the fundamental guarantee of the right to an effective remedy under international law, there remains a large gap in practice between legal provisions and their implementation in relation to trafficked persons."

 

  • Emphasized that despite the fact that most human trafficking is the act of individuals or private organizations, that States share in the responsibility of the crime if it "failed to take necessary measures to prevent the effects of the conduct of private parties".

 

  • Cautioned that "simply returning the trafficked person to the pre-existing situation may place him or her at the risk of further human rights violations and being re-trafficked."

 

  • An analysis of key components of a victim's right to an effective remedy, "including restitution, recovery, compensation, satisfaction and guarantees of non-repetition, access to information, legal assistance, and regularization of residence status."

 

Read the Full Report in the UN.GIFT.HUB Resource Centre