Transcript No Slide Title

Rights Based Approach
to 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
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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.
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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.
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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.
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Comparison between
NBA and RBA
Needs Based Approach
Rights Based Approach
Needs are met or satisfied
Rights are realized (respected, and
protected)
Needs do not imply duties or Rights always imply correlative duties or
obligations, although they may obligations
generate promises
Needs
are
universal
not
necessarily Human rights are always universal
Basic needs can be met by goal or Human rights can be realized only by
outcome strategies
attention to both outcome and process
Needs can be met through charity Charity and benevolence do not reflect
and benevolence
duty or obligation
Remains
prevails
vulnerable
and
risk Reduces vulnerability substantially
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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.
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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:
THIRD PARTIES:
Third parties
(traffickers) benefit
and/or participate in
placing and
maintaining a
person in the
exploitative
situation.
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.
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
COMMERCIAL:
The exploitation
results in some
kind of
commercial/finan
cial gain by a
third party
(Traffickers)
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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.
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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;
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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.
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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).
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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.
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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
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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.
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Thank you indeed
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