The UN Special Rapporteur on Trafficking: A Turbulent Decade in Review

Abstract

In 2004, largely in response to external developments, the predecessor to the United Nations Human Rights Council appointed a Special Rapporteur on trafficking in persons with an explicit mandate to address the human rights aspects of trafficking. This article critically assesses the first decade of that mandate—identifying important achievements but also acknowledging substantial challenges in securing effective responses to trafficking that both protect and advance human rights. In looking ahead it considers the broader lessons that this experience may hold for the emergent global movement against human exploitation—and the place of human rights in the dynamic but often chaotic and schismatic environment that has emerged around trafficking over the past decade.

State-empowered entities as sites of progress for international anti-trafficking law and policy?

“…As part of the UN Special Procedures mechanisms, the mandate is global in scope. As noted by Gallagher and Ezeilo (2015), the two key aspects of the UNSRT mandate are the production of country reports and thematic reports. Regarding the nature of its powers, the outputs of the UNSRT are not binding as such, but rather may be characterized as a form of soft law, which as demonstrated in Section 4 can fulfill a number of interpretive and accountability-related functions.…”

“…The adoption of the Palermo Protocol in 2000 marked a significant step forward in both defining human trafficking and some of the key obligations incumbent on states in relation to addressing trafficking (see Gallagher, 2010). Following this, the adoption of ECAT, with its stronger human rights focus, and the creation of the UNSRT mandate contributed significantly to the growing understanding of human trafficking as a human rights issue (Rijken, 2009;Gallagher and Ezeilo, 2015). Over two decades later, much more clarity exists as to (a) what falls within the scope of the definition of human trafficking and (b) obligations to prevent trafficking and protect trafficked persons.…”

“…First, the UNSRT mandate continues to make significant progress in establishing normative connections between human trafficking and intersection protection challenges. Indeed, notwithstanding the progress highlighted by Gallagher and Ezeilo (2015), it may be that, at present, the provision of clarity on important intersections may be the most important function of the mandate. The mandate's annual thematic reports have addressed a variety of significant topics, including human trafficking in conflict situations, the nexus between human trafficking and terrorism, the non-punishment principle, and the intersections between human trafficking and climate change (UNSRT, 2023; UNSRT, 2022; UNSRT, 2021).…”

“…Beyond this, the mandate of the UN Special Rapporteur on Trafficking in Persons, especially women and children, has received some attention in the literature, albeit less than the ECtHR. Most notable among such studies is Gallagher and Ezeilo's (2015) study reflecting on the achievements of the first decade of the mandate. Similarly, the Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) remains underexplored in the literature, with only a few exceptions, e.g., Sax (2020).…”