Trafficking of women in the context of migratory movements

Trafficking in women and children is a consequence of structured gender inequality and is a form of violence. It is also a symptom of relative and absolute poverty. The participants of this Trafficking Workshop expressed great concern about the failure of governments, despite successive international agreements, to stem the tide of trafficking in human beings, especially women and children. Counter-trafficking strategies must be anchored in a human rights framework.

The participants fully endorsed the United Nations Convention against Transnational Organized Crime and the protocol thereto, specifically relating to all paragraphs of article 3 in relation to the definition of the trafficking in persons, especially women and children.

1. Governments must recognize that the trafficking in human beings and particularly in women and children, is a major violation of human rights. They must therefore implement and monitor the Palermo Protocol and all other relevant human rights instruments and allocate sufficient resources to prevent and combat this gross human rights violation.
2. Safeguarding the human rights of women and of all victims of trafficking must be central to all considerations and measures in relation to prevention, protection of victims and prosecution of perpetrators.
3. The safety and protection of women and children who are victims of trafficking must be the overriding consideration at all times, so that:
   • Protection of victims must not be conditional on any agreements to give evidence to or to cooperate with the criminal justice system and other authorities.
   • There shall be no penalties for victims of trafficking in countries of origin, transit or destination. Victims of trafficking must never be treated as illegal immigrants or any other way criminalized.
   • Protection and support must be provided to all women and children who are victims of trafficking regardless of their legal status, or the presence or absence of documents showing their status.
   • Destination countries must establish mechanisms for legal migration. Counter-trafficking strategies should not be used as a means to stem legal migration.
   • A person must be granted protection as soon as she is recognized as a victim of trafficking and must be granted rights as stated in article 6 of the Palermo Protocol, including all forms of social, employment, legal and housing support, as well as comprehensive health services and specifically access to sexual and reproductive health rights.
   • National legislation should ensure the right to compensation to victims of trafficking for physical, psychological and material damages.
4. Prevention strategies of countries of origin must reflect and be reflected in poverty reduction and social development strategies with specific reference to economic opportunities for women.
5. Long term prevention strategies must address the root causes of trafficking and these include poverty, discrimination, racism, patriarchal structures, violence against women, fundamentalisms, gender inequality, lack of social safety nets, money laundering, corruption, political instability, conflicts and uncontrolled zones, barriers and disparities between countries.
6. All governments must introduce measures that recognize the unequal power relations between women and men and must introduce positive measures to promote the empowerment of women in all areas of life.
7. Forced marriage can be seen as a form of trafficking and is a gross violation of women’s and girls’ human rights and a form of violence against women, particularly sexual violence. Governments must take all necessary measures, including legal and policy measures, to eliminate this practice.
8. Governments must develop a comprehensive witness protection mechanism including the legal representation and protection of the privacy of victims, anonymous certified statements in courts, and special protection throughout the duration of the criminal proceedings.
9. Governments must strengthen legislation and the enforcement of the legislation in relation to sanctions against all perpetrators of trafficking including transnational criminals. The states must establish special funds supplied by confiscated assets or by fines paid by traffickers who are convicted in criminal proceedings.
10. Research must be conducted in the countries and regions of origin, transit and destination in order to generate a more comprehensive understanding of the dynamics of human trafficking and to develop effective strategies to combat trafficking in women and children.
11. Trade agreements and agreeements related to development cooperation must be monitored from a gender perspective with specific reference to countries and situations where trafficking in women and children is known to be a reality.
12. In relation to the demand that fosters trafficking, governments shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral or multilateral cooperation to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.