THE OSCE CHALLENGED - NHC/IHF

PART VI: STATEMENTS
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open letter to osce chairman-in-office mr. bernard r. bot
Some recommendations on the OSCE Special Representative on Trafficking in Human Beings

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Dr. B.R. Bot
Minister of Foreign Affairs, Chairman in Office, OSCE
The Hague, Netherlands

Vienna, December 15, 2003

Dear Dr. B.R. Bot,

We would like to take this opportunity to congratulate you on the success of the Ministerial Meeting and the completion of the Dutch Chairmanship of the OSCE.

As you know, the International Helsinki Federation for Human Rights (IHF) and the Netherlands Helsinki Committee jointly organized an NGO meeting parallel to the OSCE Ministerial Council Meeting in Maastricht on December 1 and 2, 2003. As a part of that meeting, we convened a focal group on Trafficking in Human Beings, an issue that the IHF has been working on since 2000, and which has been a priority for the OSCE under the Netherlands Chairmanship-in-Office.

The focal group was comprised of twenty NGO experts on trafficking in human beings and represented the geographical diversity of the OSCE region. Participants of the meeting also included the Dutch National Rapporteur on Trafficking in Human Beings, Ms. Anna Korvinus.

Early next year, the full report of the NGO meeting will be available, but in the meantime we would like to share with you specific recommendations which were made in relation to the upcoming appointment of an OSCE Special Representative on Trafficking in Human Beings. The IHF welcomes the decision to appoint such a representative and we look forward to cooperating with the appointee in the future. Attached you will find recommendations based on the discussions on the role of the Special Representative. We would appreciate your assistance in forwarding these recommendations to the Special Representative once she/he has been appointed.

We would like to thank you for your support.

Sincerely,

Aaron Rhodes, IHF Executive Director

Anne Offermans, Netherlands Helsinki Committee

Appendix

International Helsinki Federation for Human Rights
NGO conference Maastricht (Netherlands), 1-2 December 2003
Parallel with OSCE Ministerial Council

Trafficking in Human Beings (THB)

Recommendations developed during and immediately after the discussion in the focal group on THB

The protection of the human rights of trafficked persons shall be at the centre of all efforts to prevent and combat trafficking and to provide protection, assistance and redress to victims.

Prevention of trafficking in human beings is a relatively neglected area. More efforts, resources and commitment must be given to the promotion of the progressive realisation of social and economic rights and the promotion of real gender equality. In realisation of these efforts state organs should built a constructive cooperation with NGOs.

Anti-trafficking programs must not themselves infringe on human rights, such as the right to freedom of movement and the right to privacy, either through the activities of law enforcement (which may be re-victimize the trafficked person) or through the activity of migration centres or through measures that further stigmatise or marginalize already vulnerable groups.

The main responsibility for the prevention of human rights abuses lies with the state. Governments should ensure transparency and accountability in their programs and policies.

States must ensure the ability of NGOs to provide assistance in various forms through budgetary and other means.

The role of IGOs is to assist governments to establish a common legal framework and promote cooperation and mutual responsibility of Member States. IGOs should promote efforts on national level, including the NGOs in providing adequate protection for victims and effective prosecution of perpetrators.

Concerning the OSCE Special Representative on Trafficking in Human Beings:

The Special Representative must have a clear human rights mandate. The mandate must be to ensure accountability for the implementation of the following three areas: the integration of a human rights perspective, the promotion of the realisation of social and economic rights and de facto gender equality, and the strengthening of the role of civil society, including the role of NGOs.

The Special Representative must also have the resources, financial and otherwise, to fulfil the mandate, including the resources to carry out research.

The position of the Special Representative must be independent.

The Special Representative should have the confidence of the NGO community.

The Special Representative should ensure that OSCE member states are held accountable for the failure to adopt and/or implement regulations in accordance with their OSCE commitments.

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