A/HRC/38/45
United Nations
General Assembly
Distr.: General
14 May 2018
Original: English
Human Rights Council
Thirty-eighth session
18 June–6 July 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on trafficking in persons,
especially women and children
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the thematic
report of the Special Rapporteur on trafficking in persons, especially women and children,
Maria Grazia Giammarinaro, prepared pursuant to Council resolution 35/5.
State efforts to govern international migration are often disconnected from the legal
obligation to identify victims of trafficking in human beings, creating negative
consequences for their protection and for the prosecution of traffickers. Unfortunately, the
international political agenda, which is focused on the prevention of irregular migration,
and the populist and xenophobic anti-migration movements in certain countries and
regions, are further encouraging a response to management of migration flows from a crime
prevention perspective, which does not place human rights protection at the centre.
In mixed migration movements, people are placed into different categories and
allocated different types of assistance accordingly. However, in practice it is challenging to
draw clear lines on the circumstances of each migratory journey, and identification through
rigid categories could lead to gaps in protection and assistance to victims.
In the present report, the Special Rapporteur analyses challenges in the
identification, referral and protection of victims and potential victims of trafficking in
persons in the context of mixed migration. Based on the findings and feedback of numerous
organizations, she offers recommendations to help States, international organizations and
civil society organizations adapt their responses to ensure the effective protection of victims
and potential victims of trafficking. These responses must be focused on the identification
of groups and persons who by their characteristics and circumstances are in a vulnerable
situation, regardless of the specific determination of their case. Activating protection
protocols at the outset of identification of vulnerabilities may be one of the most effective
ways to assist victims of trafficking and avoid the re-victimization, detention and
deportation of victims and potential victims of trafficking in persons.
GE.18-07730(E)