International protection for trafficked persons and those who fear being trafficked
- Document number
- 1847
- Date
- 2007
- Title
- International protection for trafficked persons and those who fear being trafficked
- Author/publisher
- Kaori Saito, UNHCR
- Availability
- View/save PDF version of this document
- Document type(s)
- International Law, Research/Study/Analysis,
- Summary
-
While international efforts to prosecute traffickers are mounting, protection of trafficked persons is lagging behind. States that emphasize prosecution of traffickers often do not make protection of trafficked persons a priority, unless the testimony of the trafficked person is necessary to prosecute the trafficker.Of a particular concern are the trafficked persons who are unable to return to their countries for fear of further human rights violations that may amount to persecution. Persons affected by trafficking could therefore be refugees within the meaning of the 1951 Convention and 1967 Protocol relating to the Status of Refugees.
While not all trafficked persons would fall within the definition of a refugee under the 1951 Convention, the Trafficking Protocol stipulates the possibility. The Office of the UN High Commissioner for Human Rights (OHCHR) in its Principles and Guidelines on Human Rights and Trafficking recommends States to take appropriate measures to consider asylum applications by trafficked persons. In April 2006, UN High Commissioner for Refugees (UNHCR) issued Guidelines on International Protection: The application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked (hereafter UNHCR Trafficking Guidelines). Despite positive developments, several studies have shown that trafficked persons continue to face difficulties when applying for asylum.
This paper will examine asylum applications by trafficked persons and those in fear of being trafficked, in four English-speaking trafficking receiving countries, Australia,Canada, the United Kingdom and the United States, in conjunction with the UNHCR Trafficking Guidelines. It will also compare pertinent case law among the four countries. It was found that these four countries do recognize, as refugees, the persons who experienced actual or threat of trafficking with fear of persecution upon returning home, with claims falling within the 1951 Convention. There were, however, inconsistencies among and within the case law of these four countries as well as diversions from the UNHCR Trafficking Guidelines.
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