FACT SHEET
National Referral Mechanisms JOINING EFFORTS TO PROTECT THE RIGHTS OF TRAFFICKED PERSONS
This factsheet summarises the second edition of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Handbook “National Referral Mechanisms - Joining Efforts to Protect the Rights of Trafficked Persons”. The publication offers a practical guide for all professionals who are working in relation to National Referral Mechanisms (NRMs).
WHAT IS A NATIONAL REFERRAL MECHANISM? An NRM is a co-operative, national framework through which governments fulfil their obligations to protect and pro- mote the human rights of victims of trafficking. It enables the co-ordination of their efforts in a strategic partnership with civil society organizations, the private sector, survivor leaders and other actors working in the field.
NRMs should be established in all countries of trafficking origin, transit and destination, to ensure a comprehensive and inclusive system of support which is targeted at, and accessible for all victims of trafficking. NRMs ensure that all presumed or identified victims of trafficking within the jurisdiction of a state are entitled to human rights regardless of their background, nationality, activities they may have been involved in, or their willingness to co-operate with law enforcement authorities. This includes those who are trafficked domestically (within the borders of one country) as well as transnationally (across international borders) and online (cyber-trafficking within the borders of one country or across international borders).
A Practical Handbook – Second Edition National Survivors NRM Inter-Agency Advisory Coordination Working Group Council Independent inclusive of Civil Society National Representatives and Rapporteur appointed senior government National Co-ordinator National Expert Advisory Group to the NRM—academics, civil society, private sector, faith-based organizations and IGOs
Sub-national (national regional, state, province, cantonments) – NRM bodies
Local and/or community based multidisciplinary taskforces NRM Monitoring Body Local NRM accredited service providers – sheltered accommodation, parental guardians, guardian advocates, independent advocates
Local service providers – health services, legal services, social services, reintegration assistance and drop-in centers
WHAT DOES THE HANDBOOK PROVIDE? The updated NRM Handbook provides a guidance model The Handbook seeks to establish a harmonized and com- which all OSCE participating States, and other nations prehensive system of identification, protection, individual can adapt and apply within their own national systems. Its support, access to services and social inclusion, so that purpose is to provide essential ‘know-how’ of the working every adult and child who has suffered human trafficking methods, procedures and services that are required in can establish a safe and fulfilling life. It emphasizes the order to fulfil the objectives of NRMs. Building on the expe- right of all victims of trafficking to access criminal justice rience and lessons learned over the past fifteen years since and redress without pressure or condition and encourages States have begun to adopt NRMs, it explains the specific changes that will increase the global conviction rates of and individual needs and risks of adults and children who human traffickers. It advocates for a victim- and survi- are victims of trafficking, centring all communications and vor-centred, human rights-based, gender sensitive and actions on the protection of victims and the overall pre- trauma-informed approach from all stakeholders at every vention of human trafficking. stage of their work with victims and survivors. The best interests of the child must be firmly at the heart of NRMs. In order to implement comprehensive NRMs, the Handbook defines the roles and remits of all NRM stakeholders to en- The NRM Handbook goes hand in hand with OSCE States’ sure the protection and promotion of the human rights of commitment to consistent, long-term funding and resourc- victims and survivors of trafficking in all circumstances. It es to create strategic international and national partner- specifically promotes robust systems of individual support ships to combat human trafficking. with the allocation of independent advocates for adults and guardian-advocates for children. THE NRM HANDBOOK PROVIDES: • Twelve Principles that guide the creation and implementation of National Referral Mechanisms • An NRM Protocol for all professionals who work with survivors of trafficking • A Practical Guide on the health needs of survivors of trafficking • Four NRM Pillars, which need to be equally accessible to all victims and survivors:
Pillar One: Pillar Two: Pillar Three: Pillar Four: Identification plus Individual Support and Social Inclusion Criminal Justice and Protection Access to Services Redress
• Sixty Recommended Standards, which provide a measurable framework for implementation of the four NRM Pillars
A SERIES OF ONLINE TOOLS AND RESOURCES ACCOMPANIES THE NRM HANDBOOK: • Assessment guides for use and adaptation: • Best Interests Assessment (BIC) and Safety and Care Plan for Children • Needs and Risks Assessment and Safety and Support Plan for Adults • Additional guides relating to combating trafficking in human beings: • A practical guide on preventing trafficking • Trauma informed methods of working with survivors • Legal instruments and political commitments • Promising Practices in OSCE participating States relating to the development and strengthening of anti-trafficking responses and NRMs
The NRM Handbook was informed by an international mental and physical healthcare specialists, IGO and NGO advisory panel convened by ODIHR to ensure multi-dis- anti-trafficking experts and practitioners. The expertise of ciplinary input of anti-trafficking experts. Consultations international survivor leaders was central to the Handbook, included survivor leaders, government representatives, and included ODIHR’s International Survivors of national rapporteurs, academics, lawyers, prosecutors, Trafficking Advisory Council (ISTAC), established in judges, law enforcement authorities, child specialists, December 2020. ODIHR’S ROLE AND MANDATE RELATING TO NRMs OSCE Ministerial Council Decision No. 1 on Enhancing the OSCE’s Efforts to Combat Trafficking in Human Beings (2000): “Reaffirms that trafficking in human beings is an abhorrent human rights abuse and a serious crime that demands a more comprehensive and co-ordinated response from participating States and the international community, as well as a more coherent and co-operative approach among countries, in particular those of origin, transit and destination”
OSCE Action Plan to Combat Trafficking in Human Beings (2003): “Enhancing the activities of the OSCE, especially the ODIHR, in assisting participating States, upon their request, in establishing the NRM.”
“As part of its assistance in the development of National Referral Mechanisms the ODIHR will continue to promote and encourage co-operation between law enforcement and civil society.”
The OSCE Office for Democratic Institutions and Human Rights (ODIHR) has been active in preventing and combating trafficking in human beings since 1999. It has the mandate to assist OSCE participating States in establishing National Referral Mechanisms, and to monitor and report on the progression of NRMs in the region. ODIHR assesses risk gaps and challenges faced by victims and survivors in order to provide specific recommendations to strengthen and support NRM frameworks and partnerships. It conducts reviews of national anti-trafficking legislation and makes policy recommendations, as well as providing technical assistance and support for capacity building.
ODIHR’s approach is based on human rights, the rule of law, and non-discrimination. It promotes victim- and survivor-centred, gender sensitive and trauma-informed methods to assist victims and survivors of human trafficking.
More Information For detailed information about ODIHR’s activities, or to read any of ODIHR’s publications and reports, please visit www.osce.org/odihr, or contact ODIHR at:
OSCE Office for Democratic Institutions and Human Rights Public Affairs ul. Miodowa 10 00-251 Warsaw Poland
Phone: +48 22 520 0600 Fax: +48 22 520 0605 Email: office@odihr.pl www.osce.org/odihr