a) International instruments

Among the international legal instruments dedicated to the fight against human trafficking, some are legally binding. For example, conventions and Security Council resolutions form an international commitment on the part of States, and are therefore binding. Whereas others, such as principles and recommendations, do not have this value and thus do not imply a legal obligation.

 

→ On December 2, 1949, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others was approved by the United Nations General Assembly in its resolution A/RES/4/317.

 

→ However, it was not until November 15th 2000, that the term “trafficking in persons” was defined and established at the international level. This definition was provided in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Palermo Protocol), which supplements the United Nations Convention against Transnational Organized Crime.

 

The Palermo Protocol complements the Convention against Transnational Organized Crime with two other Protocols, each targeting specific activities and manifestations of crime:

 

→ United Nations resolutions have a significant impact, particularly those of the General Assembly and the SecurityCouncil:  

  • Resolution A/RES/64/293 (2010), adopted by the General Assembly on July 30 2010, established the United Nations Global Plan of Action to Combat Trafficking in Persons. The Plan of Action is intended to urge governments and other stakeholders such as the private sector, civil society, international and national media and the general public to take concrete action to counter human trafficking and calls for the integration of anti-trafficking efforts into the broader UN agenda to accelerate development and enhance global security. One of the key provisions of the Plan is the establishment of a United Nations Voluntary Trust Fund for Victims of Trafficking in Persons, especially women and children.

 

  • Resolution S/RES/2240 (2015), adopted by the Security Council at its 7531st meeting on October 9, 2015 (“Maintenance of International Peace and Security“). This resolution authorizes States to inspect vessels sailing on the high seas off the coast of Libya if they have reasonable grounds to suspect that they are being used for migrant smuggling or human trafficking from Libya. This resolution has subsequently been renewed numerous times: 2312 (2016), 2380 (2017), 2347 (2018), 2491 (2019), 2546 (2020), 2598 (2021). In the latest, the Council reaffirms the importance of stopping the expansion of migrant smuggling and human trafficking that take place on Libyan territory and off the coast, “which further undermines the stabilization process of Libya and put at risk the lives of hundreds of thousands of people”.

 

  • Resolution S/RES/2331 (2016), adopted by the Security Council at its 7847th meeting on December 20, 2016 (“Maintenance of International Peace and Security“). The Security Council unanimously condemned all acts of human trafficking in areas of armed conflict, which constitute a violation of the human rights of victims and could constitute war crimes. It encouraged Member States to “ratify international legal instruments and to take decisive and immediate action to prevent and suppress human trafficking (investigation, dismantling of networks, analysis of terrorist financing and links to trafficking) in times of armed conflict”.

 

  • Resolution S/RES/2388 (2017), adopted by the Security Council at its 8111th meeting on November 21, 2017 (“Threats to International Peace and Security“). The Security Council called on Member States to fulfill their obligations to criminalize, prevent, and combat human trafficking and to increase efforts to “detect and disrupt” trafficking, including by developing “robust victim identification mechanisms” and providing victims with access to protection and assistance services, particularly in areas affected by armed conflict.

 

The titles and contents of these last resolutions highlight that trafficking in human beings is not only a violation of fundamental rights and an attack on individuals, but also a problem with an international dimension that impacts international peace and security. Resolution 2388, whose title contains the word “threats” particularly testifies to the urgency of effectively combating trafficking.

 

In 2021, the Security Council continues to refer to human trafficking, including in resolutions concerning Libya (see above, resolution 2598 [2021]) and in resolutions dealing with armed conflict, specifically with acts resulting from terrorism:

 

  • Resolution S/RES/2597 (2021): “Threats to International Peace and Security“. This resolution addresses the global threat posed by the Islamic State of Iraq and the Levant, and extends the mandate of the Special Advisor and the Team until September 17, 2022. The Council recalls the acts of violence committed by the EIHL, including enslavement, sale or other practices of forced marriage, trafficking in persons, sexual slavery and other forms of sexual violence, and the recruitment and use of children. The Council affirms that such acts may constitute war crimes, crimes against humanity, or crimes of genocide, and reiterates the importance of holding leaders of operations accountable for their actions.

 

  • Resolution S/RES/2601 (2021): “The plight of children in armed conflict“. The Council takes measures to ensure equal access and continuity of education in situations of armed conflict. It warns that women and girls may be subject to attacks – such as human trafficking – that prevent them from continuing their education in a sustainable manner.

 

  • Resolution S/RES/2610 (2021): “Threats to international peace and security caused by terrorist acts“. In this resolution, the Security Council renews the sanctions regime against the Islamic State of Iraq and the Levant, and Al-Qaeda. It affirms that the activities of terrorist groups benefit from transnational organized crime, including arms trafficking (…) and trafficking in human beings. The Council strongly condemns these exploitations and calls on all actors to provide the evidence they have on the facts of trafficking and related forms that could provide financial support to their perpetrators. It reaffirms “the intention to consider sanctions against individuals and entities associated with EIIL or Al-Qaeda engaged in human trafficking in areas affected by armed conflict or sexual violence in times of conflict”.

 

  • Resolution S/RES/2617 (2021): “Threats to international peace and security caused by terrorist acts”. This resolution renews the mandate of the Counter-Terrorism Committee for 4 years (until December 31, 2025). The Council notes the links that may exist in some cases between terrorism and transnational organized crime and the inherent illicit activities such as trafficking in human beings, money laundering, drugs and arms trafficking.

 

 

→ The Office of the United Nations High Commissioner for Human Rights developed the Recommended Principles and Guidelines on Human Rights and Human Trafficking in 2002. These principles provide practical advice, “concrete guidance and human rights-based policy directives to prevent trafficking and protect trafficked persons”. They are intended to facilitate the integration of human rights considerations into anti-trafficking laws, policies and actions at the national, regional and international levels.

 

 

→ The Committee on the Elimination of Discrimination against Women adopted in 2020, the General Recommendation No. 38 on trafficking in women and girls in the context of international migration. This general recommendation must be read in conjunction with article 6 of the Convention on the Elimination of All Forms of Discrimination against Women. It affirms the priority duty of States, both individually and collectively, to prevent the exposure of women and girls to the risk of being trafficked. States are also required to discourage the demand that fosters exploitation and leads to trafficking.

 

Office of the United Nations High Commissioner for Human Rights, Recommended Principles and Guidelines on Human Rights and Human Trafficking. Quote from the introduction by Mary Robinson, then High Commissioner for Human Rights.