Navanetham Pillay, former United Nations High Commissioner for Human Rights on Human Trafficking

On 3^rd June  2015, Navanetham Pillay, former United Nations High Commissioner for Human Rights, addressed a large audience of national and international lawyers  on human trafficking at a seminar hosted by 5 St Andrew’s Hill Chambers.

Ms Pillay was U.N. High Commissioner in 2008 to 2014, a judge of the International Criminal Court in 2003 to 2008, and President of the International Criminal Tribunal for Rwanda from 1999 to 2003.

Ms Pillay spoke of the horrors of human trafficking and the way in which trafficking represents a fundamental violation of human dignity. She noted, in particular, that trafficking that can occur within families as children are sold to pay a debt, forced into marriage or are sexually exploited.  She spoke of her dialogues with state representatives who countries who have signed up to the Convention on the Rights of the Child but continue to honour traditions which conflict with the convention rights or fail to police and prosecute. Ms PIllay referred to many examples - such as women being sold for cattle in parts of Sudan and parents in Asia were being paid to film the sexual abuse of their children.  She also noted that a lack of opportunities, even in a wealthy country, can force the vulnerable into exploitation as traffickers prey on victims with offers of false hope.

During her address, Ms Pillay emphasised the need for an integrated approach to address and bring to an end human trafficking; human trafficking is a crime which cuts across traditional divisions of law and includes challenges for criminal, extradition, family and civil/commercial practitioners. Lawyers should be encouraged to draw on expertise from all branches of the law in order to address the causes and consequences of human trafficking. However, Ms Pillay drew the audience’s attention to the fact that, internationally, judges and lawyers are often more comfortable confining themselves to the wording of a statute,   showing an apparent unwillingness or reluctance to consider basic human rights issues. Ms Pillay also discussed the need for a practical rights based policy which places the rights of the victims at its heart, ensuring that those who have been trafficked are seen as victims of a crime and of human rights violations – rather than a perpetrator.  Survivors can help governments and organisations to understand the root causes of trafficking and the methods of traffickers.

Ms Pillay completed her address by urging lawyers to adopt a multi-disciplinary human rights based course of action to prosecute perpetrators, protect victims  and prevent trafficking.

Jacqueline Julayn SC, Head of the International Family Law Team at 5 St Andrew’s Hill said “We were thrilled Navi Pillay was able to come and speak to us about her work and human trafficking across the globe. Her passion to give everyone around the world an opportunity to speak for themselves has been indicative of her life’s work.  We asked Navi Pillay to speak about human trafficking because our criminal practitioners are dealing with the criminal offences that stem from trafficking; our extradition practitioners are seeing people accused of criminality but are in fact unrecognised victims; and our international family law team are coming across trafficking within families both domestically and internationally. Barristers at 5 St Andrew’s Hill have expertise in a number of areas of law and it was important to be reminded of the dynamic approach needed to address the horrors of human trafficking.

We were delighted that so many lawyers were able join us for such an engaging discussion.”