The UN Commission on Human Rights received and accepted the third report of the Special Rapporteur on Violence against Women, Ms Radhika Coomarawamy at its 56th session in April 2000. It was a revolutionary report, detailing, as she herself said, the evolution of her position on trafficking, as her understanding of the complexities of trafficking developed since her first report in 1996. 

Ms Coomaraswamy placed trafficking squarely in the nexus of human rights violations and women's "movements and migrations". 

"3. Women move and are moved, with and without their consent, for a myriad of reasons. Trafficking in women must be understood to exist within a continuum of women's movement and migrations. The Special Rapporteur is of the firm belief that women and all other persons must enjoy freedom of movement. Trafficking in women, as the Special Rapporteur defines and understands it, is a particularly violent form of movement, which has to be prohibited. Nevertheless, the Special Rapporteur is of the opinion that trafficking must be considered in the broader context of violations that are committed against women in the course of their movement and migrations. While the experience of being trafficked may affect the level or degree of marginalization or violations that are perpetrated against women, trafficking is not the sole determinant of whether women's human rights are violated in the course of their national and international movements. Movement and migration, coupled with Governments' reactions to and attempts to restrict such movements through immigration and emigration policies, and the exploitation of such attempts by traffickers, place women in situations in which they are unprotected or only marginally protected by law. As such, women who attempt to exercise their freedom of movement are often placed in vulnerable positions vis-a-vis the protection of their human rights.

4. .....The Special Rapporteur believes that trafficking must be appropriately situated in its global context of movements and migrations and the feminization of such movements and migrations. As such, and with special emphasis on trafficking, it is the violations of women's human rights committed in the course of women's movements that this report seeks to highlight." (CHR document ref. E/CN.4/2000/68) 

Making a clear distinction between the "crime" of trafficking, with all its ramifications and diverse forms of human rights violations, and all other infringements of state and international legislations regarding migration (e.g. smuggling of people, illegal entry) she offered a clear and unambiguous definition of "trafficking in persons". 

In no uncertain terms, she criticized existing UN instruments, in particular the 1949 convention, and national governments' strategies to address the problem, basically because these do not guarantee protection of human rights of women. Even more serious, some of these measures aggravate and even contribute to the curtailing of the rights of women.

Recognising the important role that NGOs have played in formulating standards for respecting the rights of women, she recommended that governments and international agencies should implement the "Human Rights Standards for the Treatment of Trafficked Persons" which is a joint product of the Glpbal Alliance Against Trafficking in Women in Bangkok (GAATW), the oundation Against trafficking in Women in Utrecht (STV) and the International Human Rights Law Group in Washington (IHRLG). (see GAATW web-site www.linet.co.th/org/gaatw for full text).

The Special Rapporteur on the Human Rights of Migrants

A significant development in the international arena, which holds potential for developing a broader understanding and an integrated strategy on the issues around "trafficking" is the appointment last year of the Special Rapporteur on the Human Rights of Migrants, Ms. Gabriela Rodriguez Pizarro, from Chile. 

At this session, Ms Pizarro presented her first report, and delineated the main issues which she will incorporate in a 3-year working plan, of which the first challenge is developing a definition of "a migrant that takes into account his or her human rights" :

"82. Contemporary trends in migrant movements in the era of globalization pose a challenge to the protection of the human rights of that large sector of the world's population. The first challenge is to define a concept of migrant populations that will cover new situations and to translate that into definitions in the international instruments. The situations referred to are those in which a large number of persons find themselves after leaving their country of origin or even before they do so. Unlike refugees, these populations have no formal status that affords them international protection. In many cases, these same groups and individuals do not fit into the category of migrant worker. This shortcoming in terms of definitions is all the more serious if we bear in mind that well-founded field studies show that more and more of today's migrants are women on whom there are no data". 
(E/CN.4/2000/82)

Of relevance to the work of securing the rights of women victims of trafficking, is the attention which Ms Pizarro has immediately given to this issue:

"88. Trafficking in persons is the aspect of migration about which the international community is particularly concerned. The concept of trafficking can be approached from various perspectives. The term should be distinguished from "smuggling". Whereas trafficking may include a complex organization of contacts, smuggling refers solely to unlawful border-crossing services. Trafficking in persons in particular involves violations of a number of international conventions. This applies to persons who are victims at the moment of departure, transit and arrival in the country of destination."
(E/CN.4/2000/82)

More importantly, all the structural results of her investigations and actions within her mandate will benefit those persons victimised through "trafficking". 

In this context, and underlining the nexus that exists between issues of migration, human rights, women and children, a panel was organised jointly by the Office of the High Commissioner on Human Rights, the Steering Committee for the Global Camaign on Migrants Rights and the Caucus against Trafficking in Persons. The Panel consisted of Ms Mary Robinson (HCHR) and the three Special Rapporteurs on Human Rights of Migrants, Violence Against Women and Sale of Children, Child Prostitution and Child Pornography and was entitled:

"Migrants, Migration, Trafficking: Forwards or Backwards for Human Rights?" with the sub-title: "In the era of globalizaion, are migrants' human rights being protected or diminished? Challenges of and responses to human rights violations perpetrated as a cause, during the course of , and as a consequence of migration."

The event was well attended by a great diversity of professionals and NGOs, showing the magnitude of shared concern for the rights of migrants. Although there was not sufficient time to discuss the many issues raised in in more detail, some of the significant points raised were:

• importance to ensure legislative protection for migrants and to support the campaign for rights of migrants abnd their families
• listening to migrants' recommen-dations for action
• consideration of obstacles and difficulties for return to home countries
• develop programmes to develop potential of migrants
• awareness about the rights of individuals to leave their country to seek work; opting to migrate is a right, but the conditions are not dignifying for migrants
• we must develop more tools for defence of migrants' rights
• attention to the "grey area" of migration : undocumented migrants, need to systematize and analyse the specific vulnerability of migrants in undocumented situations
• freedom of movement must be upheld; measures must not limit the informed choices of adult women
• immigration regimes should be analysed and examined as to their effect on trafficking; it is of concern that immigration officials are in the forefront of drafting new instruments
• we should work towards a new international convention on trafficking in persons, based on human rights principles; starting with a new process of consultations, where NGOs are fully involved, and with a focus on women's human rights
• it is necessary to think of training for migrant workers at home
• need for protection of the families of migrant workers who are left behind
• the root reason for migration is Poverty: how to address this???
• Ultimately, the essential questions are economic and social; but also, participation, negotiation, right to organise for migrant workers. 

Inconclusive, but definitely much food for thought, and work......