With Conflicts, Internal Strife, Leading to Escalating Enforced Disappearances Worldwide, Third Committee Highlights Importance of Coordinated Search
Committee Also Underscores Perils of Human Trafficking, Hazardous Migration Routes
Enforced disappearances are becoming frequent and sophisticated amid a lack of coordinated investigation in parts of the world, United Nations experts told the Third Committee (Social, Humanitarian and Cultural) today, as delegates also discussed steps to safeguard the rights of an increasing number of migrants, on the move globally, as conflicts and climate change add to longstanding economic drivers of migration.
In the morning, Juan-Pablo Albán Alencastro, Vice-Chair-Rapporteur of the Committee on Enforced Disappearances, said the body has received 1,578 requests for urgent action, which resulted in 494 disappeared persons being located by 1 October, 438 of them alive. However, challenges persist, chief among them a lack of coordination between authorities responsible for investigation and search.
Speaking to the pace of enforced disappearances worldwide, Aua Baldé, Chair-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, said the “vast majority” of 1,103 new cases reported relate to the forcible disappearance of civilians and prisoners of war by the Russian Federation’s armed forces in the Ukraine conflict. “Although high, these figures are by no means a complete and reliable representation of the scope of enforced disappearances in the world today, but only a tiny fraction,” she said.
In the ensuing interactive dialogue, the delegate for Belgium noted that 80 per cent of enforced disappearance cases remain unsolved, stressing the importance of country visits. Highlighting persistent challenges the issue presents, the delegate for Chile noted that 50 years have passed since a military coup overthrew the Government of former Chilean President Salvador Allende. While her country has a national search plan in place to address the 1,500 cases of disappeared persons, just 300 have been found.
The representative of Croatia noted that the country has reduced its numbers of missing persons to 1,805, down from 1,832 persons at this time last year, stressing the importance of cooperation between States, opening of archives and sharing of information.
Concerned at the increase in forced disappearances of journalists and human rights workers, the observer of the European Union asked how new technologies can be used in searching for disappeared people. On the same theme, the representative of Morocco encouraged countries to share ways in which new technologies have helped them search for disappeared persons.
In the afternoon, the Committee pivoted to trafficking and the rights of migrants. On migration, Felipe González Morales, Special Rapporteur on the human rights of migrants, said States must put human rights at the centre of their policies and debates, redoubling efforts to combat hate speech and discrimination against those on the move. He emphasized the persistent and longstanding structural drivers behind people’s need to migrate for work, such as inequality and the lack of economic opportunity, alongside new drivers, including climate change.
Edgar Corzo Sosa, Chair of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, expressed concern that more than 40,000 women, men and children between 2014 and 2022 were reported dead or missing on migration routes, while countless other disappearances were never reported. Too often migration is neglected, discussed within contexts of economic development, security and border control, he said. Worse, as human mobility is increasing due to conflict and the climate crisis, the trend will likely continue.
In the ensuring interactive dialogue, the observer for the European Union voiced concern over the increased number of enforced disappearances of migrants, asking what kind of cooperation between States and other stakeholders Mr. Corzo Sosa envisages to tackle the issue of enforced disappearances.
The representative of Bangladesh, highlighting that the number of international migrants was 281 million in 2022, stressed the need to decriminalize irregular migration and foster global solidarity to combat rising xenophobia and discrimination against them.
Turning to seasonal labour migration programmes, Mexico’s delegate stressed the importance of social protection and access to health services, as well as justice. She asked about strategies to achieve a rules-based focus to deal with extreme vulnerabilities of migrant workers and their families.
Interactive Dialogues — Enforced Disappearances
In the morning, the Committee commenced its discussion on the promotion and protection of human rights, with interactive dialogues featuring presentations by Juan-Pablo Albán Alencastro, Vice-Chair-Rapporteur of the Committee on Enforced Disappearances; Aua Baldé, Chair-Rapporteur of the Working Group on Enforced or Involuntary Disappearances; and Fabian Salvioli, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Mr. ALENCASTRO, presenting the annual activity report of the Committee on Enforced Disappearances (document A/78/56), said the phenomenon of enforced disappearance continues to be one of the greatest human rights problems. The frequency and increasing sophistication with which this crime is committed in different regions of the world requires the international community to redouble its efforts to prevent and eradicate this scourge and locate victims. As of 31 March 2023, the closing date of the annual report, the Committee on Enforced Disappearances had registered 1,578 requests for urgent action under article 30 of the International Convention for the Protection of All Persons from Enforced Disappearance, a mechanism that promotes the investigation of cases of enforced disappearance, the search for disappeared persons and the protection of persons who make these facts known, as well as those who become involved in investigation and search efforts at the local level. To date, 1,636 requests have been registered. The use of this protection procedure has resulted in 494 disappeared persons to be located by 1 October 2023, 438 of them alive.
However, he highlighted the lack of coordination between the authorities responsible for the investigation and search; deficient application of the differential approach in cases involving victims belonging to particularly vulnerable groups; and challenges for the effective participation of families and next of kin of disappeared persons in the investigation and search processes. He also voiced concern about information the Committee on Enforced Disappearances receives regarding reprisals against individuals who come to it to activate the urgent action procedure or contribute information to facilitate compliance with its treaty mandates. States parties have the obligation to prevent any acts of intimidation and harassment against victims and those accompanying or representing them; to investigate any allegations of the possible commission of such acts; to punish the perpetrators; and to adopt measures to protect persons who may be at risk.
The Committee on Enforced Disappearances visited Iraq, in accordance with article 33 of the Convention, in November 2022 and adopted its visit report, recognizing the cooperation and facilities provided by the State party for the fulfilment of this mission, he recalled. At the same time, it made a series of recommendations aimed at supporting the State in the prevention and eradication of disappearances, the fight against impunity and the satisfaction of the rights of victims. Regarding the country visits mechanism, he further noted that, to this date, the Committee on Enforced Disappearances is still awaiting a positive response from the Republic of Colombia to visit that country. During the period covered by the report, the Committee on Enforced Disappearances held productive meetings with States parties and non-parties to the Convention, treaty bodies, special procedures of the Human Rights Council, UN system offices, regional human rights bodies, the International Committee of the Red Cross (ICRC), civil society organizations and — above all — victims.
When the floor opened for questions and comments, the representative of the European Union, speaking in its capacity as observer, expressed concern about the persistence of enforced disappearances, stating that impunity of perpetrators cannot be tolerated. She asked what leverage Mr. Alencastro plans to use to address a lack of cooperation from certain States parties who fail to respond to its requests for urgent action or do not follow up on its recommendations.
The representative of Argentina asked what strategies he considered most effective to guarantee that States that have signed the Convention proceed to its ratification, and how States in the UN system can cooperate to promote a greater accession to the instrument. On a similar note, the representative of Colombia asked what progress has been made with relation to ratification and to international cooperation in the area.
The delegate for Japan said his Government will continue to cooperate to ensure that the Committee on Enforced Disappearances can carry out its role under the Convention and conduct fair and balanced reviews.
The representative of Iraq asked what the criteria or standards are to decide that a case is closed. She expressed disappointment with the Committee on Enforced Disappearances’ “negativity and negative behavior”, despite great facilitation that Iraq provided before, during and after its visit.
The delegate for Ukraine said that since the Russian Federation’s full-scale invasion of her country, the whereabouts of thousands of its citizens remain unknown. She strongly condemned the Russian Federation's refusal to interact with the Committee on Enforced Disappearances on the enforced disappearance of over 1,000 Ukrainian citizens.
The delegate for Mexico said his country will continue to strengthen cooperation with the Committee on Enforced Disappearances and pay attention to its recommendations.
The representative of Malta asked how he plans to stimulate greater collaboration between civil society, private sector entities and Member States to optimize resource mobilization and the sharing of expertise.
In his response to the European Union’s question on how to tackle a lack of cooperation from certain States parties, Mr. ALENCASTRO stressed that States must design a structure at the internal level and adopt a public prevention policy for enforced disappearances to facilitate coordination between different agencies.
To the comment made by the delegation of Argentina, he said he fully shared the aspiration of achieving the universalization of the Convention to achieve a greater number of ratifications. To that end, he noted plans for a World Congress for ratification next year, which will bring together civil society, victims and, above all, States.
Responding to the statement by Iraq, he said closing cases of reported disappearances requires that all steps to locate the victim be exhausted, either because that person has been found alive or because the remains have been recovered and returned to the family.
In response to Ukraine, he said monitoring the situation will continue. He noted that the Russian Federation is not a State party to the Convention. He said that a visit to Ukraine by the Committee will allow it to conduct verification on the ground.
Enforced or Involuntary Disappearances
Ms. BALDÉ underscored that no exceptional circumstances may be invoked as a justification for enforced disappearance. The annual report of the Working Group on Enforced or Involuntary Disappearances highlighted the transmission of 1,103 new cases of enforced disappearance to 28 States, including 791 transmitted to 15 States under the urgent procedure. The vast majority of cases transmitted relate to reports received by the Working Group concerning enforced disappearances of civilians and prisoners of war by the Russian Federation’s armed forces in the context of the armed conflict in Ukraine. In the same period, pursuant to the practice initiated in 2019 to start documenting violations tantamount to enforced disappearance perpetrated by non-State actors, the Working Group also transmitted 24 cases tantamount to enforced disappearance to four non-State actors. “Although high, these figures are by no means a complete and reliable representation of the scope of enforced disappearances in the world today, but only a tiny fraction,” she said, adding that criminalization, reprisals and harassment against families searching for their loved ones, and all those supporting them, remain a common pattern.
She stressed that the practice of enforced disappearance has been changing over the years. As such, new modalities require new responses and new approaches from the Working Group and the international community at large. For this reason, a thematic study was conducted on new technologies and enforced disappearances, in which an analysis is put forward on how new technologies are used against human rights defenders and civil society organizations, including relatives of disappeared persons and their representatives, and what kind of protection strategies exist or can be put in place. The study further analyses how new technologies are used to facilitate the search for disappeared persons, ensuring that their fate and whereabouts are established promptly and in a reliable and secure manner, and to obtain evidence of acts of enforced disappearance and secure accountability.
Turning to the question of elections and enforced disappearances, she said the objective of the Working Group is to examine the correlation between both, with the aim of identifying tools that can be used to respond more effectively to this phenomenon, through both preventive and accountability mechanisms. Further, the Working Group has again been able to carry out two country visits — namely, to Uruguay in July 2022 and Honduras in March 2023. However, the Working Group is increasingly facing difficulties in organizing and carrying out country visits, which are an integral part of its mandate. Visits allow the Working Group to highlight country practices in addressing enforced disappearances, assist States in reducing obstacles to implementing the Declaration on the Protection of All Persons from Enforced Disappearance and ensure direct contact with relatives of the disappeared, human rights defenders and society at large.
In the ensuing interactive dialogue, delegates highlighted the importance of the Working Group’s work and urged all Member States to ratify the Convention, which is an essential tool in fighting enforced disappearances. Many representatives were curious about the impact of new technologies in global efforts to search for missing persons and how these technologies can be used to complement traditional search methods. Several delegates criticized accusations of human rights violations made against their Governments.
Concerned with the increase in forced disappearances of journalists and human rights workers, the representative of the European Union, in its capacity as observer, asked how new technologies can be used in searching for disappeared people, a request echoed by the representative of France. The representative of Belgium, who noted that 80 per cent of enforced disappearance cases remain unsolved, stressed the importance of country visits and the ratification of the Convention. He asked if the Working Group Chair saw greater opportunities for cooperation.
The representative of Croatia noted that the country has reduced its numbers of missing persons to 1,805, down from 1,832 persons at this time last year, as it constantly improves its methods. She stressed the importance of cooperation between States, the opening of archives and sharing of information. She asked how new technologies can be used to give witnesses greater levels of anonymity.
Noting that 50 years have passed since a military coup overthrew the Government of former Chilean President Salvador Allende, the representative of Chile said her country has a national search plan in place to address the 1,500 cases of disappeared persons. Only 300 have been found. She noted that Chile hosted the Working Group in February earlier this year. She affirmed the Government’s commitment to “never again” allow the disappearance of people.
The representative of Pakistan asked how technology can be used to investigate and determine unmarked graves that remain in portions of Kashmir that is illegally occupied by India. The representative of Morocco urged all States to fulfil their obligations and encouraged countries to share ways in which new technologies have helped them search for disappeared persons.
Several delegates criticized accusations of human rights violations that have been made against their Governments. The representative of the Democratic People’s Republic of Korea said past abduction issues with Japan have been resolved and rejected accusations made by the United States, which create an atmosphere of hostility.
The representative of China said his country is one ruled by law, condemning enforced disappearances. He regretted that the Working Group has used false information in parts of its report and asked the body to respect the sovereignty of all States. The representative of the United States has smeared China and used human rights as a weapon to attack it, engaging in double standards, he said. The representative of Syria noted the increase in gun-related deaths in the United States, stating it is “sorrowful” that the delegation repeats the same accusations.
In response, Ms. BALDÉ emphasized the importance of country visits and the Convention as tools to help countries in their search for missing persons. By ratifying the Convention, Member States can provide full protection to the victims. Referring to new technologies, she said the report looks at different aspects of technology and how it can be used to conceal and hinder the rights of human rights workers, but also how it can be used to search for the disappeared and offer cost-effective solutions. The report offers free resources that detail new technologies that can assist in the search for missing persons and the prosecution of perpetrators.
The Working Group is committed to working with Member States as it supports families during investigations and protects witnesses. In response to Pakistan’s question, she said new technologies can be used to find mass graves. Yet, she stressed that new technologies are complementary to traditional techniques used to search for missing persons.
Regarding some representatives’ remarks on the Working Group’s use of false information, she said the body investigates all allegations in good faith and maintains high integrity as it carries out its work in full compliance with humanitarian mandates.
Financing of Reparation for Victims
Mr. SALVIOLI presented his report on Financing of reparation for victims of serious violations of human rights and humanitarian law (document A/78/181). He said the availability of financial resources to fund reparation programmes and benefits is crucial to implement the right to reparation for survivors, family members of victims and affected communities. “Reparation could be the way of obtaining satisfaction in the most urgent and transformative way and allow them to continue with their lives,” he said. The funding of reparations must encompass long-term planning, as well as necessary financial support throughout the entire cycle, to guarantee that the needs of victims are met and that reparation will have a strategic and transformative nature, he said. Further, voices and the roles of girls and women should also be considered and reflected in the funding of reparation programmes to strengthen and promote gender equality and their needs. He emphasized that States must provide the necessary appropriation of funds to address reparations based on the number of victims. He mentioned the establishment of special funds through tax payments and the inclusion of funding in national budgets as well as through other approaches. These could include the recovery of the ill-gotten wealth of former dictators or non-State actors who are involved in human rights violations. He also urged international organizations and possible donors to complement States’ efforts by giving victim reparation priority in their financing portfolios. He highlighted measures, including debt forgiveness, for States who have access to the personal assets of individuals involved in human rights violations. They can also consider the possibility of reallocating frozen assets as well as money collected as a result of sanctions on people involved in human rights violations. When it comes to deciding whether to seize or reallocate these assets, States must establish robust mechanisms of transparency as well as due process guarantees.
The international community, including multilateral organizations and donor countries, must consider the possibility of financially supporting not only the operative aspects of reparation programmes, but the possibility of providing long-term financial support to guarantee their sustainability, he said. International organizations must take part in the development of transitional justice programmes and make delivery of reparations to victims a priority. When reparations do not reach the victims, he said, they are victims twice over. Non-State actors, corporations or non-State armed groups involved in human rights abuses must contribute to reparations through the provision of their assets or through tax payments. If they are unable to provide complete reparations to victims, the effort must be complemented by States, who then can request a reimbursement. Former colonial powers and States where colonization is persisting in different ways must consider the possibility of establishing individual or collective mechanisms to fund the granting of reparations to victims, particularly economic compensation, forgiveness of debts which were contracted illegally during colonization, and the restoration or compensation of land, natural resources or cultural heritage. He stressed that the funding of reparations is distinct from the funding of development programmes and development assistance projects. Lastly, he emphasized that no transitional justice programme is legitimate or successful if victims of crimes which were committed do not receive the reparations that are owed to them.
In the ensuing interactive dialogue, delegates underscored the importance of national reparations mechanisms for victims of human rights violations, expressing concern about the effect of sanctions on victims and asking how to provide reparation to the most marginalized victims.
The representative of Japan refuted remarks by his colleague from the Democratic People’s Republic of Korea in the previous dialogue, calling them groundless. He urged the country to implement the Stockholm Agreement and return all abductees to Japan as soon as possible, recalling a General Assembly resolution on the situation in the country.
The representative of the Democratic People’s Republic of Korea responded to the Japanese delegate, rejecting his claims. The so-called abduction issue has been resolved, he said, repeating his call for reparations for Japan’s war crimes.
The representative of Argentina said that LBGTI people are currently calling for a reparations law to address State persecution in his country under the dictatorship and also democracy. He asked how to implement reparations for the most excluded and invisible victims to avoid reproducing multiple and intersectional forms of discrimination.
The representative of Switzerland said reparations are an integral part of transitional justice and require sustained financing, expressing concern that such programmes are underfunded and unable to provide adequate compensation to victims. In his report, the Rapporteur writes that reparations should be transformative and strategic, addressing the root causes of conflict, he said, asking what measures might operationalize these principles, and also how to attract national and international financing for mechanisms dealing with reparation.
The representative of Indonesia said her President on 11 January of this year publicly expressed regret for past human rights abuses in the country. Further, Presidential Decree Number 24 of 2023 established non-judicial settlement in reparations — which does not replace judicial proceedings that are ongoing. She asked how the international community can balance imposing sanctions on States with a record of human rights violations and preventing those sanctions from harming the economic, social and cultural rights of victims themselves.
The representative of Ukraine, highlighting the destruction in her country from the Russian Federation’s war of aggression, noted that the total cost of repair would probably amount to hundreds of billions of euros. The country pursues an accountability system which will ensure justice, reparations and non-recurrence, she said. The Russian Federation is responsible for compensating all the suffering of Ukrainian citizens as well as property damage in both the private and public sectors. “Survivors need resources for recovery right now,” she said.
The representative of Chile noted that this year marks the fiftieth anniversary of the military coup in her country, underscoring the importance of the Special Rapporteur’s mandate and the commitment to truth, justice and non-recurrence. Reparations for the military period have included direct transfer of resources as well as material and benefits. The budget for such benefits is integrated into future administrations by law, she added, asking about good practices that are effective in a gender-focused approach to reparations and can be replicated in other countries.
In response Mr. SALVIOLI said that a gender approach in transformative reparation also applies to LGBTI people, recalling a report he presented to the General Assembly on the subject. Citing his report, he said that nobody should take actions that violate economic, cultural and social rights, including sanctions. He recalled his great disappointment following country visits where multi-million-dollar-funded transitional justice programmes were in place, but victims remained in the same or worse states than when violations took place. All agencies must stress the fact that victims are the priority, he underscored. It cannot be a slogan — it must be the reality. It is illogical and immoral that transitional justice mechanisms exist and, in the end, victims receive nothing, he stressed, appealing to States to focus on victims. “I don’t have the power to change those things, you have the power,” he said, adding that “the world has to be better”.
Protection of Rights of Migrant Workers and Their Families
In the afternoon, the Committee further elaborated on the theme “Promotion and protection of human rights”, with interactive dialogues featuring presentations by Edgar Corzo Sosa, Chair of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; and Felipe González Morales, Special Rapporteur on the human rights of migrants.
Mr. CORZO SOSA introduced the Report of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families on its thirty-fifth session (19 to 30 September 2022) and 136th session (27 March to April 2023) (document A/74/48), expressing concern that more than 40,000 women, men and children between 2014 and 2022 were reported dead or missing in migration routes, while countless other disappearances were never reported. Too often migration is neglected, discussed within contexts of economic development, security and border control, he said, lamenting that politicians employ xenophobic rhetoric about migrants to gain support in times of crisis. Worse, as human mobility is increasing due to numerous factors, including conflict and the climate crisis, the trend will likely continue. It will make more sense to promote peace rather than move entire populations in short periods of time, he stressed. He called for cooperation from not only origin but host countries.
Updating the Committee on his treaty body’s work, he said the simplified reporting procedure will be the default going forward, voicing regret that a total of 24 reports by States parties to the Convention are overdue as of May 2023. He called on States to submit their reports. The Committee on Migrant Workers held a half-day discussion on its draft general comment No. 6 on the convergence of the Convention on Migrant Workers and the Global Compact on Migration. The treaty body held two sessions during the reporting period, reviewing State reports from countries including Syria, Morocco, Nigeria, the Philippines and El Salvador. He added that, looking forward, his Committee will examine migrant rights in a context of evolving technology and artificial intelligence (AI). Once AI sufficiently maps the human mind, “neuro-rights” will need to be upheld for migrants so that no one is left behind, he said.
In the ensuing interactive dialogue, delegates underlined that migrant workers continue to live in situations of vulnerability and face multiple challenges in their exercise of their human rights and social protection.
The representative of the European Union, in its capacity as observer, voicing concern over the increased number of enforced disappearances in the context of migration, asked what kind of cooperation between States and other stakeholders Mr. Corzo Sosa envisages to tackle the issue of enforced disappearances.
The representative of Bangladesh, highlighting that the number of international migrants was 281 million in 2022, stressed the need to decriminalize irregular migration and foster global solidarity to combat rising xenophobia and discrimination against them.
Turning to seasonal labour migration programmes, the delegate for Mexico stressed the importance of social protection and access to health services, as well as access to justice. She asked about strategies to achieve a rules-based focus to deal with the extreme vulnerabilities of migrant workers and their families.
Along similar lines, the delegate for Malaysia focused on migrant workers in his country, drawing attention to necessary measures taken by his Government to safeguard their rights. Malaysia endorses global and regional initiatives that strive to eliminate forced labour and is determined to combat and eliminate this scourge in the country by 2030. He asked about examples of best practices that have been observed vis-à-vis the protection of rights of migrant workers and their families.
Mr. CORZO SOSA responded to concerns regarding forced disappearances and migration, noting that they are closely related. Regarding racial discrimination, he stressed the need to establish empathy and solidarity regarding the migratory phenomenon. “Migrants should be considered as persons first,” he added. On regulating migratory status, he said “one way out” are Government-established programmes through which migrants can enjoy residency in concerned countries, allowing them to have access to basic services. To ensure sustainable migration, migrants must be integrated in the community and be able to access health care and education.
Trafficking in Persons in Conflict Situations
Ms. MULLALLY presented her report on Strengthening accountability for trafficking in persons in conflict situations (document A/78/172). She said accountability for trafficking in persons in conflicts remains limited, resulting in reduced access to justice and remedies for trafficked persons and continuing failures regarding prevention and protection. The upcoming Global Refugee Forum in December is an important opportunity to highlight protection needs and rights of victims of trafficking, including access to asylum and other forms of international protection. She highlighted a failure to ensure the effective and full application of relevant international legal norms, including international humanitarian, criminal, refugee and human rights laws.
She said trafficking in persons in conflicts takes various forms, including trafficking for purposes of sexual exploitation and sexual slavery, forced labour, illegal adoptions, organ removal and forcible transfers of civilians. Failures to ensure guarantees of non-repetition further undermine processes of peacebuilding, with armed groups and criminal networks frequently engaging in trafficking in persons in post-conflict and transition settings. She highlighted a range of applicable treaty and customary norms under international humanitarian law that are relevant to trafficking in persons and that can be effectively applied. For the investigation of those crimes, especially relevant protections include prohibitions on enforced disappearances, including for missing migrants; prevention of recruitment and use of children; prohibition of slavery and the slave trade as a fundamental guarantee for civilians; and prohibition of rape and other forms of sexual violence, including forced prostitution.
She went on to highlight the potentially important role of UN fact-finding and other investigative mandates in strengthening accountability for trafficking in persons in conflicts. However, with limited exceptions, accountability mechanisms established by the Human Rights Council and by other UN entities, such as the Security Council, have not investigated trafficking in persons in conflicts, although the facts, patterns and indicators of trafficking are consistently reported and documented. The gender dimension of trafficking in persons for purposes of sexual exploitation as a form of conflict-related sexual violence is also not consistently investigated or documented. She also highlighted the failure to investigate and prosecute crimes of trafficking of men and boys, including for purposes of sexual exploitation in conflict settings. In her report, she offers recommendations to States, the UN and other international organizations on ways to strengthen accountability, combat impunity and ensure effective access to justice. States should ensure the comprehensive application of international humanitarian, criminal, human rights and refugee law to trafficking in persons in conflict settings. States also need to strengthen international cooperation and mutual legal assistance to ensure effective investigations, including through bilateral agreements and multilateral cooperation. Recognizing a significant risk of reprisal in conflict situations, she highlighted the need to ensure the adoption of necessary measures to provide effective and appropriate protection to victims, witnesses and members of their families. Regarding children, she emphasized that children detained for association with armed groups should be recognized as victims of grave violations of international law and that States and armed groups must ensure their timely handover to civilian child protection actors.
In the ensuing interactive dialogue, delegates confirmed the significance of the Rapporteur’s work and their commitment to combat human trafficking, noting the special needs of women, children and refugees. Many delegates emphasized how conflicts only escalate the scourge of human trafficking and the vulnerability of children. Delegates voiced their desire to strengthen accountability and coordinate the use of international agencies, bodies and conventions, as they shared information to fight human trafficking.
Committed to fighting human trafficking within Europe and around the world, the representative of the European Union, in its capacity as observer, asked what steps can be taken to better protect trafficking victims who are actively seeking justice, while the observer of the Sovereign Order of Malta asked how the Organization’s women, peace and security agenda is being used to protect women. The delegate for Greece asked how human trafficking will be incorporated into any potential convention on crimes against humanity.
The representative of Australia, noting the Government’s work with the Association of South-East Asian Nations (ASEAN) and setting up training facilities in Thailand, asked how United Nations investigative bodies are ensuring accountability as they investigate human trafficking. The representative of the Dominican Republic asked what measures are being taken with the private sector and civil society to combat this scourge, which is a profitable business and impacts the most vulnerable.
Meanwhile, the representative of the Russian Federation advocated for greater cooperation, while noting that each State has the right to determine what is their best mechanism to combat trafficking. This work can be done between police bodies and migration services. He asked for more information about the removal of organs, noting that Ukrainian refugees now in European countries can fall victim to organized European crime organizations.
The delegate for China said his Government opposed all forms of human trafficking and abided by international law, stressing the need to punish perpetrators, while respecting the sovereignty of States. The representative of Morocco highlighted the importance of information sharing, while the representative of Egypt noted the need for international efforts to combat trafficking. In response, Ms. MULLALLY said work is being done to combat the use of technology in attracting more trafficking victims. She said child protection procedures must be strengthened to protect children that are unaccompanied, adding that work is being done to use existing United Nations mandates to combat trafficking in persons.
In response to the Russian Federation, she agreed that more attention must be paid to the removal of organs and their trafficking. She emphasized the need to strengthen rules and procedures to guard against trafficking of children during armed conflict. Regarding delegates’ requests for information about best practices, she said the Council of Europe has a thematic report on the protection of children. To protect against missing children, she urged that the births of all children be registered.
Protection of Labour and Human Rights of Migrant Workers
Mr. GONZÁLEZ MORALES presented his latest report on the Protection of the labour and human rights of migrant workers (document A/78/180). He first stressed that States have legitimate interests in securing their borders and exercising security controls, but international law is clear that such concerns cannot override States’ obligations to respect internationally guaranteed human rights of migrants. Secondly, States must put human rights at the centre of migration policies and debates. “States should also double their efforts to combat hate speech and all forms of discrimination against migrants, including those in irregular situations,” he said. Finally, under international human rights law, States are bound to respect, protect and fulfil the human rights of migrants. He called on States to ratify core international human rights instruments, particularly the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. “The labour and human rights of migrants are among the defining issues of today,” he said, adding that there are 280 million migrants worldwide, and labour migration plays a central role in the global economy’s growth.
The long-standing structural drivers behind people’s need to migrate for work, such as inequality and the lack of economic opportunity, remain persistent, alongside new drivers such as climate change, he said. This report highlights the human rights challenges faced by migrant workers by laying out an analysis of how labour migration can increase migrants’ vulnerability to human rights violations. Migrant workers, in both their work and daily lives, experience multiple cross-cutting and intersecting forms of discrimination that heighten their risk to a full range of human rights violations. These include discrimination based on gender, age, race, nationality, ethnicity, religion, migratory status, disability and socioeconomic background. A better understanding of labour migration as a gendered phenomenon is essential when developing labour policies to lift gender-specific barriers to the labour market and enhance gender responsiveness when governing migration. Migrant workers often face differential access to decent work, compared with nationals or citizens in countries of employment.
In addition, social protection systems designed for nationals and citizens exclude migrant workers, and adequate and safe housing remains out of reach for many migrant workers. Barriers to acute and long-term health care continue to have severe negative impact on the physical and mental health of migrants, including their sexual and reproductive health rights. Migrant workers also face obstacles to exercise their freedom of expression, assembly and association, which further undermines their access to justice and the exercise of other fundamental rights, such as their ability to form and join trade unions. He urged States to establish new mechanisms and extend domestic labour protection to all migrant workers that will protect them in their countries of employment, regardless of their status, in line with international human rights standards.
In the ensuing interactive dialogue, delegates expressed concern about unsafe, irregular and politicized migration as well as countries’ disrespect for their obligations under international instruments. Others shared their good practices and asked the Special Rapporteur for recommendations that hold employers accountable for labour violations.
The representative of Venezuela asked about the impact of unilateral coercive measures on promoting migration. Making migration a security issue rather than a humanitarian issue is dehumanizing, he added, noting that the only ways to deal with migration are dialogue and cooperation between countries of origin and destination.
The representative of South Africa said that current labour laws in her country cover all people, regardless of race, religion and migratory status. South Africa, together with the International Labour Organization (ILO) and other stakeholders, is working toward its first legislative framework to ensure that migration undertaken to or from South Africa occurs in the interest of migrants and the country. She asked for examples of mechanisms that hold employers accountable for labour violations for migrant workers.
The representative of Mexico noted that, in 2022, Mexico and the United States committed to setting up a working group to enhance child-migration across the border. To that end, Mexico has stepped up its consular efforts to protect minors in the United States and identify them in situations of risk, she said, asking how to implement a mechanism to investigate complaints.
The representative of the European Union, in its capacity as observer, asked how to address recruitment intermediaries outside of regulatory frameworks that might charge unauthorized fees or use intimidation tactics.
The representative of Portugal said that protection of migrant health is key in reducing poverty and social inequality. To that end, the country has made efforts to expand social services for all. He noted that laws are often not enough to enforce change, asking what practical recommendations the Rapporteur can give to Member States in enhancing regular migration.
The representative of Cameroon said social development returns from migrant labour incomes can be undermined by precarious or unsafe working conditions. Expressing concern over the racism that African migrants or those of African descent face, she asked how racial discrimination affects migrants at home and abroad.
The representative of Pakistan said her country has the sixth largest diaspora, with 8.8 million Pakistanis living abroad there. She called on the international community to protect the rights of migrant workers, including the right to organize, noting that opening regular migration pathways should be prioritized and bilateral agreements be implemented.
The representative of the Russian Federation expressed concern that European coastal states are not fulfilling their obligations regarding safe and orderly migration. He called on the bloc to stop its practice of pushing boats outside of its jurisdiction, which leads to migrant deaths.
The representative of Bangladesh asked about good examples for the protection of women migrant workers.
The representative of the United States highlighted that the climate crisis, food insecurity and conflict have produced a greater strain on marginalized communities worldwide, increasing migration. To that end, his country supports initiatives such as Early Warnings for All to help communities anticipate climate change impacts and take appropriate action. Further, the country is interested in addressing the root causes of migration as well as creating regular migrant pathways, particularly in the western hemisphere, through Safe Mobility Offices. He asked how the United States and partner countries can disseminate knowledge about the Offices.
In response, Mr. GONZÁLEZ MORALES said that the level of protection through bilateral agreements differs from country to country. Promoting regular migration is the only way to create migratory pathways that are secure, ensure that migration is not politicized and demonstrate that migrants are not a danger, but a benefit to host countries. Mechanisms to address complaints in a labour context must be implemented by countries themselves and they must be proactive in that regard, rather than simply reactive after a migrant makes a complaint. Here, the role of consulates is important, he said, expressing concern over the difficulty domestic workers have in lodging complaints. The right to healthcare should indeed be underscored, he said, noting that in some countries, no access to healthcare is available for irregular migrants, while in others it is only available in emergency contexts. Racism is a prominent feature, especially when people of African descent migrate to countries where the population of people of African descent is low. His office has sent reports to concerned countries on discrimination to address the matter, he said. Reiterating the importance of improving regular migration, he said that security in the context of migration is important but cannot overshadow or violate the human rights of migrants. Further, States, especially destination countries, must adopt proactive policies to address migrants in vulnerable situations, he stressed.