Security Council Resolution 2388 (2017) [on Trafficking in Persons in Armed Conflicts]

S/RES/2388(2017)View PDF

Who created this mandate?

A document of the Security Council, under agenda item 304Maintenance of international peace and security, published in 2017.

Who cites this mandate in the budget?

2 entities

A dot marks an entity citing this document in its “Mandates and background” narrative rather than only its Legislative mandates list. Many do both.

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

8 topics

Counter-Terrorism Crime Victims Gender-Based Violence Human Rights in Armed Conflicts Law Enforcement Terrorism Trafficking in Persons Transnational Crime

What does this mandate say?

35 operative paragraphs

Reaffirms its condemnation in the strongest terms of all instances of trafficking in persons, especially women and children, who make up the vast majority of all victims of trafficking in persons in areas affected by armed conflicts, and stresses that trafficking in persons undermines the rule of law and contributes to other forms of transnational organized crime, which can exacerbate conflict and foster insecurity and instability and undermine development;

Urges Members States to consider, as a matter of priority, ratifying or acceding to, and for States Parties to effectively implement, the United Nations Convention against Transnational Organized Crime and its supplementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as well as all relevant international instruments;

Calls upon Member States to reinforce their political commitment to and improve their implementation of applicable legal obligations to criminalize, prevent, and otherwise combat trafficking in persons, and to strengthen efforts to detect and disrupt trafficking in persons, including implementing robust victim identification mechanisms and providing access to protection and assistance for identified victims, including in relation to areas affected by armed conflict; underscores in this regard the importance of international law enforcement cooperation, including with respect to investigation and prosecution of trafficking cases and, in this regard, calls for the continued support of the United Nations Office on Drugs and Crime (UNODC) in providing technical assistance to Member States upon request;

Further calls upon Member States, where appropriate, to review, amend and implement anti-trafficking and related legislation to ensure that all forms of trafficking in persons, including when it is committed in situations of armed conflict or by armed and terrorist groups are addressed, and to consider establishing jurisdiction to end the impunity of offenders in line with art. 15 of the UN Convention against Transnational Organized Crime;

Also calls upon Member States to step up their efforts to investigate, disrupt and dismantle networks engaging in trafficking in persons in areas affected by armed conflict and to take all appropriate measures to collect, preserve and store evidence of human trafficking;

Calls upon Member States to combat crimes that might be connected with trafficking in persons in areas affected by armed conflict, such as money-laundering, corruption, the smuggling of migrants and other forms of organized crime, including by making use of financial investigations in order to identify and analyse financial intelligence, as well as by reinforcing regional and international operational law enforcement cooperation;

Calls upon Member States to strengthen compliance with international Anti-Money Laundering/Combatting the Financing of Terrorism standards and increase capacity to conduct proactive financial investigations to track and disrupt human trafficking and identify potential linkages with terrorism financing;

Urges Member States, while addressing trafficking in persons in areas affected by armed conflicts, to adopt a multi-dimensional approach that includes incorporating information on the risks of trafficking in persons into school curricula and training programs;

Encourages Member States to increase efforts to collect, analyse and share through appropriate channels and arrangements and consistent with international and domestic law data relating to financial flows associated with human trafficking and the extent and nature of financing of terrorism activities through human trafficking activities, and to provide, where applicable, Counter-Terrorism Committee Executive Directorate (CTED) and the Analytical Support and Sanctions Monitoring Team with relevant information pertaining to linkages between human trafficking and terrorist financing;

Reiterates its condemnation of all acts of trafficking, particularly the sale or trade in persons undertaken by the “Islamic State of Iraq and the Levant” (ISIL, also known as Da’esh), including of Yazidis and other persons belonging to religious and ethnic minorities, and of any such trafficking in persons crimes and other violations and abuses committed by Boko Haram, Al-Shabaab, the Lord’s Resistance Army, and other terrorist or armed groups for the purpose of sexual slavery, sexual exploitation, and forced labour, and underscores the importance of collecting and preserving evidence relating to such acts in order to ensure that those responsible can be held accountable;

Requests the Analytical Support and Sanctions Monitoring Team, when consulting with Member States, to continue including in their discussions the issue of trafficking in persons in areas of armed conflict and the use of sexual violence in armed conflict as it relates to ISIL (also known as Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities and to report to the Security Council Committee established pursuant to resolutions 1267 (1999), 1989 (2011), 2253 (2015) and 2368 (2017) on these discussions as appropriate;

Requests the Counter-Terrorism Committee Executive Directorate (CTED), within its existing mandate, under the policy guidance of the Counter-Terrorism Committee (CTC), and in close cooperation with UNODC and other relevant entities, to increase its efforts to include in CTED’s country assessments, as appropriate, information regarding Member States efforts to address the issue of trafficking in persons where it is committed for the purpose of supporting terrorism, including through the financing of or recruitment for the commission of terrorist acts;

Calls upon Member States to enhance the capabilities of professionals interacting with persons forcibly displaced by armed conflict, including refugees, such as law enforcement, border control officials and criminal justice systems personnel of refugee and displaced persons reception facilities, to identify victims or persons vulnerable to trafficking, to adopt gender and age sensitive assistance, including adequate psychosocial support and health services, regardless of their participation in criminal investigations and proceedings;

Recognizes the need to strengthen the identification, registration, protection, assistance for forcibly displaced persons, including refugees and stateless persons, who are victims of trafficking or at risk of being trafficked;

Encourages Member States to use refugee registration mechanisms to assess vulnerability and identify potential victims of trafficking as well as their specific assistance needs, and in this regard encourages Member States to develop informative material to explain to victims of trafficking in persons who are refugees their rights and avenues for assistance, so as to enable them to engage with relevant authorities and access services and psychosocial support that are available to them;

Encourages Member States, in particular transit and destination States receiving persons forcibly displaced by armed conflict, to develop and use early-warning and early-screening frameworks of potential or imminent risk of trafficking in persons to proactively and expediently detect victims and persons vulnerable to trafficking, with special attention to women and children, especially those unaccompanied;

Urges Member States thoroughly to assess the individual situation of persons released from the captivity of armed and terrorist groups so as to enable prompt identification of victims of trafficking, their treatment as victims of crime and to consider, in line with domestic legislation, not prosecuting or punishing victims of trafficking for unlawful activities they committed as a direct result of having being subjected to trafficking;

Strongly condemns violations of international law, especially those which affect children in situations of armed conflict, including those involving killing and maiming, sexual violence, abduction and forced displacement, recruitment and use of children in armed conflict, attacks against schools and hospitals, denial of humanitarian access and trafficking in persons;

Urges Member States to identify children who are victims of trafficking and those who are unaccompanied or separated from their families and caregivers, to ensure, where relevant, their timely registration and to consider their particular protection needs, including, as appropriate, by referring them to the relevant child protection authorities regardless of their immigration status;

Recognizes the importance of providing timely and appropriate reintegration and rehabilitation assistance to children affected by armed conflict, while ensuring that the specific needs of girls and boys as well as children with disabilities are addressed, including access to health care, psychosocial support, and education programmes that contribute to the well-being of children and to sustainable peace and security and encourages relevant international organizations and civil societies organizations to assist Member States’ efforts in this regard;

Urges Member States to refrain from the use of administrative detention of children, especially those victims of trafficking in persons, for violations of immigration laws and regulations, unless as a measure of last resort, in the least restrictive setting, for the shortest possible period of time, under conditions that respect their human rights and in a manner that takes into account, as a primary consideration, the best interest of the child and encourages them to work towards the ending of this practice;

Requests the Secretary-General to further explore, as appropriate, links between the trafficking of children in conflict situations and the grave violations against children affected by armed conflict as determined by the United Nations, with a view to addressing all violations and abuses against children in armed conflict;

Welcomes further briefings on trafficking in persons in armed conflict, as necessary, by relevant United Nations entities, including the Executive Director of UNODC, UNHCR, and other international and regional bodies such as IOM, and encourages Member States to provide to UNODC information on victims of trafficking from areas affected by conflict or victims trafficked into conflict areas for inclusion within the existing reporting obligations;

Requests the Secretary-General to ensure that the thematic paper on trafficking in persons in conflict situations developed by UNODC in consultation with relevant United Nations agencies and other international bodies is disseminated within the UN system, and encourages relevant United Nations agencies and entities to use it in their respective activities in accordance with their mandates and develop their capability to assess and respond to situations of trafficking in persons in armed conflict;

Expresses its intention, to give greater consideration, where appropriate, to how peacekeeping and special political missions, can assist host States in exercising their primary responsibility to prevent and combat trafficking in persons, and requests the Secretary-General to ensure that assessments of country situations conducted upon the Security Council’s request on such missions include, where relevant, anti-trafficking research and expertise;

Requests the Secretary-General, in consultation with Member States, to ensure, where appropriate, that training of relevant personnel of special political and peacekeeping missions include, on the basis of a preliminary assessment and taking also into account the protection and assistance needs of the victims of trafficking in persons, specific information enabling them, within their mandates, to identify, confirm, respond to and report on situations of trafficking in persons;

Reiterates its intention to integrate the issue of trafficking in persons in areas affected by armed conflict into the work of relevant Security Council Sanctions Committees where in accordance with their mandates, and expresses its intention to invite all relevant Special Representatives of the Secretary-General, including the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative of the Secretary-General on Sexual Violence in Conflict, to brief these sanctions committees, as necessary, in accordance with the Committee’s rules of procedure and to provide relevant information, including, if applicable, the names of individuals involved in the trafficking in persons who meet the committees’ designation criteria;

Also requests the Secretary-General to ensure that members of the Monitoring Groups, teams and panels supporting the work of relevant sanctions committees build their technical capacity to identify and report on instances of trafficking in persons encountered in the discharge of their duties and in accordance with their respective mandates, and further requests the Secretary-General to ensure that the Monitoring and Reporting Arrangements on sexual violence in areas affected by armed conflict systematically collect data on conflict-related trafficking in persons for the purpose of sexual violence or exploitation;

Invites the Secretary-General to ensure that the work of the Investigative Team established pursuant to Resolution 2379 (2017) is informed by relevant anti-trafficking research and expertise and that its efforts to collect evidence on trafficking in persons offences are gender-sensitive, victim centred, trauma-informed, rights-based and not prejudicial to the safety and security of victims;

Calls upon Member States to cooperate with the Investigative Team established pursuant to Resolution 2379 (2017), including through mutual arrangements on legal assistance, where necessary and appropriate, and in particular to provide it with any relevant information as appropriate they may possess pertaining to its mandate under that resolution;

Calls upon United Nations system organizations to enhance transparency in their procurement and supply chains and step up their efforts to strengthen protections against trafficking in persons in all United Nations procurement and to that effect request major suppliers to establish and implement anti-human trafficking policies and disclose information on measures taken to counter trafficking in persons in their operations and supply chains;

Welcomes efforts aimed at developing a coordinated response within the United Nations System to prevent and counter trafficking in persons in situations of armed conflict and to protect its victims, and requests all United Nations entities involved in combatting trafficking in persons to actively participate in the regular work of existing mechanisms, especially the Inter-Agency Coordination Group against Trafficking in Persons which was established to foster coordination among United Nations entities and other international organizations;

Invites the Secretary-General to include in relevant regular reports on special political and peacekeeping missions, information on efforts undertaken, within their mandates, to assist the host-States institutions in preventing and combating trafficking in persons and in protecting and assisting victims of trafficking, in particular women and children;

Requests the Secretary-General to follow-up on the implementation of this resolution and report back to the Security Council on progress made within 12 months;

Decides to remain actively seized of this matter.

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