Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings
Mattar, Mohamed Y., Vanderbilt Journal of Transnational Law
A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made and future steps that must be taken. This Article advocates establishing an independent and competent national rapporteur or a similar mechanism to assess government actions to combat the problem and recommend changes that should be implemented to reform existing frameworks. While reporting is an essential element of monitoring the status of human trafficking, it has not received adequate attention. This Article attempts to provide the first comprehensive study on the issue.
TABLE OF CONTENTS I. INTRODUCTION II. A CALL FOR A NATIONAL RAPPORTEUR A. The 1997 Hague Declaration: The Birth of the Concept of a National Rapporteur B. The OSCE Action Plan to Combat Trafficking in Human Beings: A Commitment to Promoting the Concept of a National Rapporteur C. Reporting Mechanisms in the Council of Europe Convention on Action to Combat Trafficking in Human, Beings III. MODELS OF NATIONAL REPORTING A. The Role of an Interministerial Task Force in National Reporting: Data Collection and Information Gathering B. Situation Reports Providing for "Proposal of Measures" to Combat Trafficking in Human Beings: The Swedish Experience C. The Mandate of the National Rapporteur in the Netherlands: The Dutch Model for Reporting on Trafficking in Human Beings D. The Semestrial Progress Reports on the Fight Against Trafficking in Human Beings: The Romanian Approach E. Evaluating the National Strategy of the Fight Against Trafficking in Human Beings: The Czech Republic Approach F. Reporting on Trafficking in Human Beings in the United States: The Department of Justice Assessment of Government Activities to Combat Trafficking in Persons G. Reporting on the Status of Severe Forms of Trafficking in Foreign Countries: The Role of the United States State Department Trafficking in Persons Report H. Congressional (Parliamentary) Hearings as a Means of Monitoring and Reporting on Trafficking in Human Beings: Examples from Canada and the United States IV. STATE REPORTS SUBMITTED TO THE UNITED NATIONS A. State Reports Submitted to the United Nations in Compliance with Article 18 of the CEDAW B. State Reports Submitted to the United Nations in Compliance with Article 44 of the CRC C. State Reports That May Be Submitted in Compliance with Article 32 of the United Nations Convention Against Transnational Organized Crime and the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children D. A Call for Monitoring Measures to Combat Trafficking in Persons V. INTERNATIONAL REPORTING: A UNITED NATIONS SPECIAL RAPPORTEUR A. Appointing a Special Rapporteur on Trafficking in Persons B. Specific Recommendations Made by the Special Rapporteur VI. MEASURING GOVERNMENT PROGRESS IN IMPLEMENTING THE "FIVE PS": PREVENTION, PROTECTION, PROVISION, PROSECUTION, AND PARTICIPATION A. …