June Obligations to prevent and protect trafficking victims also apply to migrants at sea: UN Special Rapporteur

 States and maritime actors must take urgent and coordinated action to prevent trafficking in persons in the context of migration at sea, United Nations Special Rapporteur on trafficking Professor Siobhán Mullally has said. 

Professor Siobhán Mullally is the Director of the Irish Centre for Human Rights at University of Galway and was appointed Special Rapporteur on trafficking in persons, especially women and children by the UN Human Rights Council in July 2020. 

In a report to the UN Human Rights Council, Professor Mullally said: “The States’ obligations to prevent trafficking in persons, to identify, assist and protect victims of trafficking, without discrimination, continue to apply at sea. The failure to fulfil these obligations increases risks of trafficking in persons, in particular child victims and other serious violations of international law, including potential violations of the principle of non-refoulement.” 

The report is available here  

Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status. 

The Special Rapporteur report addresses the obligations to ensure accountability for trafficking in persons, and access to remedies for victims, recognising difficulties for victims in the context of mixed movements at sea. 

Professor Mullally said: “In the midst of often contested jurisdiction and increasing criminalisation of irregular movements, international law, as it applies to protection at sea, sets out a comprehensive range of obligations for maritime actors, including states, non-state actors, commercial vessels and international and regional entities.” 

The Special Rapporteur report reflects on the often politicised and punitive responses to mixed movements of refugees and migrants at sea, including restrictions on safe, regular migration; restricted access to asylum; ‘pushbacks’ risking refoulement; arrest and detention upon disembarkation; unjust punishment of victims for offences related to their migration status, and criminalisation of human rights defenders engaged in search and rescue operations. These responses force people to take more dangerous journeys and places them at higher risk of becoming victims of trafficking in persons. 

The Special Rapporteur said that protecting victims of trafficking and persons at risk of trafficking must comply with international law, recognising trauma and serious harms. 

Recommendations include mechanisms for screening and referral of victims of trafficking at places of disembarkation, providing access and referral pathways to specialised trauma-informed assistance and protection services, health services - including reproductive and sexual health services and psychosocial assistance - and safe accommodation for victims of trafficking. 

All necessary measures should be taken to identify, assist and protect child victims of trafficking and children at risk of trafficking, in accordance with the principle of non-discrimination, ensuring the best interests of the child as a priority. 

Professor Siobhán Mullally was appointed as Special Rapporteur on trafficking in persons, especially women and children by the UN Human Rights Council in July 2020, to promote the prevention of trafficking in persons in all its forms, and to encourage measures to uphold and protect the human rights of victims. She is also the Established Professor of Human Rights Law and Director of the Irish Centre for Human Rights at the School of Law, University of Galway. Prior to her appointment as Special Rapporteur, she was a member of the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA), elected as President of GRETA from 2016-2018 and as 1st Vice-President from 2014-2018. 

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. 

Ends