In performing her functions, the Special Rapporteur shall refer to the definition of trafficking contained in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (henceforth called the Protocol). According to Article 3 (a) of the Protocol “trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat of use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”.
According to subparagraph (c) of article 3 “The recruitment, transportation, transfer harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article”. Subparagraph (d) further specifies: “ Child shall mean any person under eighteen years of age”.
The decision creating the mandate requests the Special Rapporteur to focus on the human rights aspects of trafficked persons. The Special Rapporteur, in performing her functions, shall devote attention to trafficking in all sites and for all purposes.
The Special Rapporteur takes action on violations committed against trafficked persons and on situations in which there has been a failure to protect their human rights, including ensuring adequate redress for the violations suffered and providing adequate medical, psychological, social and other necessary assistance. The Special Rapporteur shall also take action in cases in which laws and/or policies might negatively impact of the human rights of persons affected by trafficking, in countries of origin, transit and destination, as well as in cases in which efforts to combat or prevent trafficking might have an impact on the human rights of the persons concerned, be there migrants, asylum seekers, or all the citizens of a country. The Special Rapporteur shall also take action on cases of trafficking within the boundaries of one country.Notes
1. The objective of this questionnaire is to have access to precise information on alleged violations in the context of trafficking. The Special Rapporteur may raise her concerns about the incidents reported and request Governments to make observations and comments on the matter.
2. If any information contained in the questionnaire should be kept confidential please mark "CONFIDENTIAL" beside the relevant entry.
3. The form should clearly indicate whether the victims or persons involved have agreed to their cases being submitted by the Special Rapporteur to the Government for the purpose outlined above.
4. Do not hesitate to attach additional sheets, if the space provided is not sufficient.
5. If you have any questions concerning the completion of this form, please do not hesitate to contact the Special Rapporteur.
Information Sheet - Questionnaire
1. GENERAL INFORMATION
-Does the incident/violation involve an individual or a group?
-If it involves a group please state the number of people involved and the characteristics of the group: number of women, number of men; number of minors:
-Country(ies) in which the incident took place:
-Nationality(ies) of the victim(s):
2. IDENTITY OF THE PERSONS CONCERNED
Note: if more than one person is concerned, please attach relevant information on each person separately.
-Birth date or age:
3. INFORMATION REGARDING THE ALLEGED VIOLATION
-Place (location - country/countries):
-The nature of the incident (please describe the circumstances with reference to the information listed under General Information)
-Number of perpetrator(s):
-Are the perpetrator (s) known to the victim?
- Nationality of perpetrator (s)
-Agents believed to be responsible for the alleged violation:
-State agents (specify):
-Non-State agents (specify):
-If it is unclear whether they were state or non-state agents, please explain why.
-If the perpetrators are believed to be State-agents, please specify (military, police, agents of security services, unit to which they belong, rank and functions, etc.), and indicate why they are believed to be responsible; be as precise as possible.
-If there are witnesses to the incident, indicate their names, age, relationship and contact address. If they wish to remain anonymous, indicate if they are relatives, by-passers, etc.; if there is evidence, please specify.
4. STEPS TAKEN BY THE VICTIM, HIS/HER FAMILY OR ANY ONE ELSE ONHIS/HER BEHALF?
-Indicate if complaints have been filed, when, by whom, and before which State authorities or competent bodies (i.e, police, prosecutor, court)
-Other steps taken
- Steps taken by the authorities:
-Indicate whether or not, to your knowledge, there have been investigations by the State authorities; if so, what kind of investigations? Progress and status of these investigations; which other measures have been taken?
-In case of complaints by the victim or its family, how have those authorities of other competent bodies dealt with them? What has been the outcome of those proceedings?
5. IDENTITY OF THE PERSON OR INSTITUTION SUBMITTING THIS FORM
-Status: individual, group, non-governmental organization, inter-governmental agency, Government. Please specify:
-Contact number or address (please indicate country and area code)
-Please state whether you want your identity to be kept confidential
Date you are submitting this form
Signature of author
The questionnaire should be sent to:
Special Rapporteur on trafficking in persons c/o Office Of the High Commissioner for Human Rights
United Nations at Geneva
8-14 avenue de la Paix
1211 Geneva 10
Fax: (+41 22) 917 90 06
E-mail: firstname.lastname@example.org (please include in the subject box: Special Rapporteur on trafficking in persons)