Inter-American developments

The Inter-American system monitors, guarantees and ensures the implementation of human rights in the 35 independent countries of the America’s which form the Organisation of American States.606 _The

Organisation of American States (OAS) is a collaboration among members which supports regional cooperation to promote good governance, strengthen human rights, foster peace and security, expand trade and address the complex problems caused by poverty, drugs and corruption.607 Two important OAS bodies – the Inter-American Commission on Human Rights (Commission) and the Inter-American Court of Human Rights (Court) along with a number of other OAS bodies – have mandates that directly impact human rights policies and, more specifically, human trafficking policies in the region.608 However, the OAS member states adopted additional specialized treaties such as the Inter American Convention to Prevent and Punish Torture (1985), the Inter-American Convention on the Prevention Punishment and Eradication of Violence against Women (1994), the Inter-American Convention on International Traffic

603 _{Chapter 3 of the OSCE Action Plan to Combat Trafficking in Human Beings OSCE Permanent Council Decision} No. 557 PC.DEC/557 (2003) at para 1.

604 _{Chapter 3 of the OSCE Action Plan to Combat Trafficking in Human Beings OSCE Permanent Council Decision} No. 557 PC.DEC/557 (2003) at para 1.3.

605 _{Chapter 3 of the OSCE Action Plan to Combat Trafficking in Human Beings OSCE Permanent Council Decision} No. 557 PC.DEC/557 (2003) at para 4.

606 _{International Justice Resource Centre Inter-American Human Rights System available online at} http://www.ijrcenter.org/regional/inter-american-system/ (09-20-2016).

607 _{Prevention Consortium AOS (2004) http://www.proventionconsortium.net/?pageid=54 (09-20-2016).} 608 _{Lopez-Bermudez “Creating and Applying Human Rights Law” in Shelton (ed) “The Oxford Handbook of}

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in Minors (1994) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic Social and Cultural Rights (Protocol of San Salvador) (1999).

The two most important OAS committees for human trafficking issues are the Committee on Juridical and Political Affairs which deals with human rights issues and the rights of migrants, and the Committee on Hemispheric Security, which is responsible for transnational organised crime and more specifically human trafficking.609 In 2005, the Committee on Hemispheric Security issued a Summary of Recommendations for the Proposed Plan of Action against Transnational Organized Crime containing recommendations relating to human trafficking.610 During 2006 the OAS created a specialised body, within the Department for the Prevention of Threats against Public Security, called the Anti-Trafficking in Persons Section.611 The mission of the Section is to facilitate the exchange of information, provide training and promote anti-trafficking policies in a way that assists the efforts of member states to prevent and combat trafficking. It incorporates human rights, social policy and transnational crime aspects in its work, making it evident that the OAS views trafficking primarily as a problem of crime and public security and only secondarily as a problem of human rights, economic development or unsafe immigration.612

The OAS General Assembly, also during 2006, adopted a resolution on “Hemispheric Efforts to Combat Human Trafficking in Persons: Conclusions and Recommendations of the First Meeting of National Authorities on Trafficking in Persons.”613 _{The resolution is comprehensive and}

recognises that trafficking violates the human rights of victims and affects society at large.614

After a lengthy drafting process, the Work Plan against Trafficking in Persons in the Western Hemisphere was adopted by the OAS General Assembly in June 2010,615 urging OAS member

609 _{Global Rights Combating Trafficking in the Americas (2007) available online at}

http://www.endvawnow.org/uploads/browser/files/Trafficking_Americas_GlobalRights_2007.pdf (09-20-2016) 10. 610 _{Global Rights Combating Trafficking in the Americas (2007)}

http://www.endvawnow.org/uploads/browser/files/Trafficking_Americas_GlobalRights_2007.pdf (09-20-2016) 10. 611 _{Global Rights Combating Trafficking in the Americas (2007)}

http://www.endvawnow.org/uploads/browser/files/Trafficking_Americas_GlobalRights_2007.pdf (09-20-2016) 10. 612 _{Global Rights Combating Trafficking in the Americas (2007)}

http://www.endvawnow.org/uploads/browser/files/Trafficking_Americas_GlobalRights_2007.pdf (09-20-2016) 10. 613 _{Reinsberg Advocacy before the Inter-American System (2014) available online at http://ijrcenter.org/wp-}

content/uploads/2014/03/Manual-Advocacy-before-the-Inter-American-System-2014.pdf (09-20-2016). 614 _{Global Rights Combating Trafficking in the Americas (2007)}

http://www.endvawnow.org/uploads/browser/files/Trafficking_Americas_GlobalRights_2007.pdf (09-20-2016) 10. 615 _{OAS Work Plan against Trafficking in Persons in the Western Hemisphere AG/RES. 2551 (XL-O/10).}

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states to reinforce the effective implementation of the United Nations Convention against Transnational Organised Crime and its Protocols616 _{and to—}

“reaffirm their commitment to combat the crime of trafficking in persons by means of a comprehensive approach that takes into account the prevention of trafficking, the prosecution of its perpetrators, the protection and assistance to its victims and respect for their human rights, in accordance with domestic law, and strengthening of international cooperation in the area.”617

The Work Plan calls for the implementation of comprehensive anti-trafficking policies by member states,618 _{the early identification of especially vulnerable groups including indigenous persons and}

the measures to protect such groups from becoming trafficking victims.619 It also calls for the implementation of adequate protection systems for children,620 the development of preventative measures,621 information exchange and cooperation amongst officers and other authorities.622 Other important goals include the adoption of awareness initiatives in receiving member states,623 the adoption of strategies designed to cope with the evolution of trafficking crimes624 and the strengthening of domestic policies and laws in order to address corruption and trafficking.625 In a report issued in February 2014 by the Secretariat for Multidimensional Security Pursuant to the Work Plan to Combat Trafficking in Persons in the Western Hemisphere October 2012 – January 2014, the General Secretariat highlights the necessity of strengthening international and horizontal cooperation in its fight against human trafficking.626 It also reports that the General Secretariat devoted its efforts to strengthen cooperative ties with other international organisations and agencies and that this was

616 _{Preamble to the OAS Work Plan against Trafficking in Persons in the Western Hemisphere AG/RES. 2551 (XL-} O/10) at para 5.

617 _{Preamble to the OAS Work Plan against Trafficking in Persons in the Western Hemisphere AG/RES. 2551 (XL-} O/10) at para 6.

618 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 1.} 619 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 3.} 620 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 4.} 621 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 4.} 622 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 6.} 623 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 9.} 624 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 12.} 625 _{Chapter 1 of AG/RES. 2551 (XL-O/10) at para 17.}

626 _{Permanent Council of the OAS Report of the Secretariat for multidimensional security pursuant to the work plan}

to combat trafficking in persons in the Western hemisphere (October 2012-January 2014) available online at http://scm.oas.org/doc_public/ENGLISH/HIST_14/CP32235E07.doc (04-09-2014).

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done in order to better link and coordinate its activities and to make the OAS part of the international agenda to prevent and combat trafficking in persons.627

A further OAS development that relates to victim protection is the “Guidelines for the Repatriation of Trafficking Victims”, a toolkit developed by the OAS containing an interactive CD Rom, training manual and video and designed for the purpose consular officers and diplomats trafficking related training.628 The OAS also undertakes various training initiatives and law enforcement officials, public security officers, diplomats, consular officers and various members from civil society and government ministries were trained in assessing and analysing various trafficking scenarios in order to gain knowledge with regards to trafficking victims profiles. Gender and age specifically formed part of the identification indicators. During 2009, nine Latin American countries integrated the OAS training material on human trafficking into their diplomatic curriculas.629 In Uruguay, more than 7 000 peacekeepers were trained on the prevention of trafficking in persons during 2009. Various ministries in Ecuador also implemented a protocol for victim assistance and identified the responsibilities of every institution.630

While both the OAS General Secretariat and the member states have made significant strides in implementing the Work Plan against Trafficking in Persons in the Western Hemisphere, there is an even greater challenge and commitment to moving forward in preventing and combating this crime which affects thousands of people in the region.631