CONSEJO DE DERECHOS HUMANOS - Informe A HRC 5956 Add 2

GE.25-06082 (S) 020525 050525 Consejo de Derechos Humanos 59º período de sesiones 16 de junio a 11 de julio de 2025 Tema 3 de la agenda Promoción y protección de todos los derechos humanos, civiles, políticos, económicos, sociales y culturales, incluido el derecho al desarrollo Visita a Liberia Informe de la Relatora Especial sobre la trata de personas, especialmente mujeres y niños, Siobhán Mullally Resumen La Relatora Especial sobre la trata de personas, especialmente mujeres y niños, realizó una visita a Liberia del 9 al 18 de diciembre de 2024. En el presente informe, la Relatora Especial aborda todas las formas de trata de personas y recomienda medidas para reforzar la prevención, la protección, la justicia de transición y la rendición de cuentas.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo, se distribuye únicamente en el idioma en que se presentó.

Naciones Unidas A/HRC/59/56/Add.2

Asamblea General Distr. general 28 de abril de 2025

Español Original: inglésA/HRC/59/56/Add.2

2 GE.25-06082 Anexo Informe de la Relatora Especial sobre la trata de personas, especialmente mujeres y niños, Siobhán Mullally, sobre su visita a Liberia

I. Introduction

1. The Special Rapporteur on trafficking in persons, especially women and children , Siobhán Mullally, conducted a country visit to Liberia from 9 to 18 December 2024. The Special Rapporteur is grateful to the Government of Liberia for its engagement throughout

I. Introduction

1. The Special Rapporteur on trafficking in persons, especially women and children , Siobhán Mullally, conducted a country visit to Liberia from 9 to 18 December 2024. The Special Rapporteur is grateful to the Government of Liberia for its engagement throughout and after the visit, and particularly thanks the Chairs of the National Anti -Trafficking Task Force for the constructive dialogue. She also wishes to thank the United Nations country team, especially the Office of the United Nations High Commissioner for Human Rights in Liberia, for its assistance and expert support.

2. During her visit, the Special Rapporteur met with the Minister for Foreign Affairs, deputy ministers and representatives of the Ministry of Foreign Affairs. She also met with the Minister and Deputy Minister of Labour, representatives of the Ministry of Labour and labour commissioners and inspectors. In addition, she met with the Minister of Justice, the Gender Director at the Ministry of Justice and members of the judiciary, including a civil court judge, the Executive Director of the Office of the War and Economic Crimes Court and the Bong County Court Judge. She also met with the Deputy Minister of Children and Social Protection and representatives of and project leads at the Ministry of Gender, Children and Social Protection, the Minister of Education, the Chairperson of the Independent National Commission on Human Rights and human rights monitors in Ganta and Bong Counties. She met with the Liberia National Police, including the focal points of the Anti -Trafficking in Persons Unit and the Women and Children Protection Section, and visited Monrovia Central Prison. In addition, she met with the Liberia Anti -Corruption Commissioner, the Executive Director of the Liberia n National Bar Association, representatives of the Association of Female Lawyers in Liberia and the Director of the National Bureau of Concessions.

3. The Special Rapporteur visited areas bordering Guinea and Sierra Leone, including Ganta in Nimba County and Bo Waterside in Grand Cape Mount County, where she convened meetings with the joint security teams , composed of immigration and police officers, drug enforcement agents, health service providers and national security personnel,

3. The Special Rapporteur visited areas bordering Guinea and Sierra Leone, including Ganta in Nimba County and Bo Waterside in Grand Cape Mount County, where she convened meetings with the joint security teams , composed of immigration and police officers, drug enforcement agents, health service providers and national security personnel, including representatives of the Liberia Immigration Service and the Anti-Trafficking and Migrant Smuggling Unit. She visited government-run safe homes for victims of traffi cking and gender-based violence in Margibi and Bomi Count ies, as well as a safe home run for children in Paynesville, where she met with service providers.

4. The Special Rapporteur met with human rights defenders, disability rights activists, senior management of mining companies, women informal cross-border traders, sex workers and civil society representatives, including the National Civil Society Council of Liberia and the Transitional Justice Working Group. The Special Rapporteur is particularly grateful to the victims of trafficking who met with her and whose insights and testimonies informed the analysis and recommendations contained in the present report.

II. Legal, policy and institutional frameworks

A. International and regional legal framework

5. Liberia is a State Party to key international human rights treaties and International Labour Organization conventions related to trafficking in persons. Liberia has also acceded to the Convention relating to the Status of Refugees and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children , supplementing the United Nations Convention against Transnational Organized Crime. Liberia has yet to ratifyA/HRC/59/56/Add.2

GE.25-06082 3 core human rights instruments related to child protection and migrant rights, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. Liberia is not a party to the Optional Protocol to

Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. Liberia is not a party to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure and has not accepted individual complaint procedures under any United Nations treaty bodies. It has accepted the inquiry procedure under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment . The Special Rapporteur wishes to recall the commitments that Liberia made under the third cycle of the universal periodic review to accelerate the ratification of pending treaties to fur ther strengthen its human rights framework.1

6. Liberia is a State member of the African Union and a signatory to its regional human rights treaties, such as the African Charter on Human and Peoples ’ Rights, the African Charter on the Rights and Welfare of the Child, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, the Organization of African Unity Convention Governing the Specific Aspects of Re fugee Problems in Africa and the Protocol to the African Charter on Human and Peoples ’ Rights on the Rights of Women in Africa. Liberia has not yet ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights and therefore has not deposited a declaration under article 34 (6) thereof, which would allow Liberian citizens and non -governmental organi zations direct access to the Court. It is noteworthy that high-level officials have made public commitments on ratifying the Protocol and depositing the declaration.

7. As a member of the Economic Community of West African States (ECOWAS), Liberia takes an active part in regional strategies and platforms aimed at combating trafficking in persons. The Special Rapporteur notes that comprehensive regional strategies such as the ECOWAS Plan of Action on Trafficking in Persons for the period 2018–2028

Liberia takes an active part in regional strategies and platforms aimed at combating trafficking in persons. The Special Rapporteur notes that comprehensive regional strategies such as the ECOWAS Plan of Action on Trafficking in Persons for the period 2018–2028 and the Freetown Roadmap on Enhancing the Combat of Trafficking in Persons in the ECOWAS Region could facilitate regional cooperation and strengthen prevention strategies, victim assistance, protection and accountability through more effective investi gations and enhanced legal frameworks and practice. Similarly, the ECOWAS Strategic Framework for Strengthening Child Protection Systems and its Strategic Action Plan (2019–2030) should be fully implemented to reduce the exploitation of and trafficking in children through systemic improvements in child protection services in the region. The Special Rapporteur welcomes collaborative initiatives such as the Regional Network of National Focal Institutions Against Trafficking in Persons Plus, which provides a platform f or cross -border coordination. Regional training sessions for stakeholders and the West Africa Police Information System of the International Criminal Police Organization (INTERPOL) have also proved effec tive in facilitating intelligence -sharing and operational collaboration among law enforcement agencies across the region. Four internal and international trafficking cases have been prosecuted through partnership between the Liberia National Police and INTERPOL. Sufficient resources should be given to the ECOWAS Fund for Support to Victims of Trafficking in Persons to ensure the provision of direct assistance and rehabilitation and reintegration services to victims of trafficking across West Africa.

B. Domestic legal framework

8. Liberia adopted the 2021 Revised Act to Ban Trafficking in Persons , amending the 2005 Act to Ban Trafficking in Persons, which marks a positive step toward s aligning the domestic legal framework with international human rights standards. The revised Act criminalizes all forms of trafficking in persons, and importantly removes the requirement of “means” from the definition of trafficking in relation to children. The Act introduces a minimum sentence of 20 years’ imprisonment and sets out sentencing guidel ines. It enables

domestic legal framework with international human rights standards. The revised Act criminalizes all forms of trafficking in persons, and importantly removes the requirement of “means” from the definition of trafficking in relation to children. The Act introduces a minimum sentence of 20 years’ imprisonment and sets out sentencing guidel ines. It enables

1 See A/HRC/46/6/Add.1.A/HRC/59/56/Add.2 4 GE.25-06082 courts to impose monetary fines in addition to the custodial sentence and to require convicted defendants to pay restitution to victims. The Special Rapporteur did not receive any information in relation to the payment of restitution to victims of trafficking, or the levels of restitution awarded. There was limited awareness of how the restitution provisions could be enforced.

9. Despite ongoing training programmes, the Special Rapporteur observed a lack of awareness among law enforcement authorities of the provisions of the revised Act and relevant human rights principles on trafficking in persons, in particular the principle of non-punishment. A provision on “victim immunity” is included in the Act and is of particular relevance in the context of forced criminality and irregular migration. The Special Rapporteur observed that additional training on the non -punishment (victim im munity) provision is essential to ensure its application in practice.

10. While welcoming the progress made in the legislative framework, particularly in relation to trafficking in children, concerns were raised with the Special Rapporteur at the minimum sentence of 20 years, which, it was reported , led to prosecutors and judges preferring other charges , with lower sentences. The Special Rapporteur stresses the importance of effective, proportionate and dissuasive sanctions and of ensuring the right to a fair trial.

11. The Act is complemented by legislation that address forced labour, sexual exploitation and related offen ces. The Penal Law of 1976 criminali zes sexual offen ces, including rape, sexual assault and spousal rape, and a dedicated criminal court was established under chapter 25 of the Judicial Law to adjudicate sexual offen ces, including trafficking in persons

and related offen ces. The Penal Law of 1976 criminali zes sexual offen ces, including rape, sexual assault and spousal rape, and a dedicated criminal court was established under chapter 25 of the Judicial Law to adjudicate sexual offen ces, including trafficking in persons involving sexual exploitation. The Decent Work Act of 2015 prohibits forced or compulsory labour. A victim of trafficking for the purpose of forced labour who is classified as an employee under the Act may submit claims to the M inistry of Labour for minimum wage payments and the fulfilment of other statutory entitlements. The Act includes specific provisions absolutely prohibiting the worst forms of child labour and sets out the statutory framework for the employment of children and the regulation of light work for children under the age of 15. The 2015 Decent Work Act explicitly prohibits all forms of slavery or slavery-like practices, such as sale of and trafficking in children, debt bondage and sexual exploitation, and is appli cable to both the formal and the informal economies. In practice, however, implementation in the informal economy, including in domestic households, is very weak. Where children are living in domestic households and engaged in domestic work through informal kinship care arrangements there is an absence of inspection or monitoring of child protection obligations and a lack of awareness of the applicability of legislation on decent work and trafficking.

12. The Children ’s Law of 2011 incorporates key provisions of the Convention on the Rights of the Child and other pertinent human rights instruments. The Law prohibits trafficking in or abduction of children and stipulates the right of children to be protected from hazardous employment and sexual exploitation, while mandating free and compulsory primary education. As yet, the regist er of perpetrators of crimes against children mentioned in the Law has not been established and technical discussions between ministries are ongoing.

The Amendment and Restatement of the Public Procurement and Concessions Act of 2005 disbars persons from bidding for public procurement if they have been convicted of a crime related to business or professional activities . However, there are no specific provisions that require bidders to certify that their business does not use trafficked workers or goods

The Amendment and Restatement of the Public Procurement and Concessions Act of 2005 disbars persons from bidding for public procurement if they have been convicted of a crime related to business or professional activities . However, there are no specific provisions that require bidders to certify that their business does not use trafficked workers or goods produced by forced labour or does not otherwise violate the legislative prohibitions of trafficking in persons or forced labour.

C. Policy and institutional framework

13. Liberia has completed the second National Action Plan to Combat Trafficking in Persons (2019 –2024), which outlines the Government ’s strategic initiatives aimed at strengthening its response to trafficking in persons through comprehensive prevention, protection, prosecution and partnership. The Liberian National Referral Pathway was established in 2019 as part of that Action Plan and in an effort to harmoni ze standardA/HRC/59/56/Add.2

GE.25-06082 5 operating procedures and provide a coordination framework for identifying victims of trafficking. The referral mechanism was also set up to facilitate screening and information-gathering by standardi zing case history and joint screening and referral forms. The Special Rapporteur underscores that the next phase of the Action Plan should be developed and implemented in close consultation with civil society and affected communities, particularly in remote and hard-to-reach areas, and with a strengthened referral mechanism to respond to the protection and assistance needs of victims of trafficking. She stresses that the forthcoming third Action Plan should build on the findings of the evaluation of the previous Action Plan and embed human rights principles.

14. The National Action Plan on the Elimination of the Worst Forms of Child Labour is aimed at strengthening action to prevent trafficking in children, contains an emphasis on the importance of raising public awareness about the causes and consequences of the worst forms of child labour, including trafficking in children, and calls for strengthened legal and institutional frameworks and social service provision for children from vulnerable households. The second National Action Plan for Inclusion of Persons with Disabilities

importance of raising public awareness about the causes and consequences of the worst forms of child labour, including trafficking in children, and calls for strengthened legal and institutional frameworks and social service provision for children from vulnerable households. The second National Action Plan for Inclusion of Persons with Disabilities covers the period 2023–2027 and includes nine domains, which are also relevant to mitigating trafficking risks, such as livelihood access , economic empowerment, education, health, agriculture, governance, accessibility, access to justice and social protection. Liberia also has an active National Commission on Disabilities established under an Act of Parliament. While the adoption of action plans and legislative developments are welcome, implementation in practice remains weak, with limited impact in rural and hard-to-reach areas.

15. In an encouraging development, Liberia launched its first -ever National Action Plan on Business and Human Rights (2024–2028) in August 2024. The Action Plan incorporates findings from consultations that brought attention to the lack of effective, transparent and sustainable grievance mechanisms for communities. In the Action Plan, businesses are called upon to conduct human rights due diligence from the onset and report on their human rights compliance. The Action Plan also highlights the need to mainstream gender equality and disability inclusion into business and to put in place community relations guidelines as part of corporate social responsibility. The Special Rapporteur notes that measures ensuring just and fair conditions of work and the rights of all workers , including migrant workers , are essential to the effective implementation of the Action Plan and compliance with the 2015

Decent Work Act, which includes specific provisions protecting the rights of foreign national workers. Monitoring and effective enforcement of labour laws and the prevention of forced labour and child labour in supply chains, in particular in mining, fisheries and agriculture, are critical to the prevention of trafficking. The prevalence of trafficking in children for purposes of sexual exploitation in concession areas and other mining areas must be urgently addressed by busines ses, and accountability must be ensured through effective criminal investigations.

16. The National Anti -Trafficking Task Force is the main government machinery and

purposes of sexual exploitation in concession areas and other mining areas must be urgently addressed by busines ses, and accountability must be ensured through effective criminal investigations.

16. The National Anti -Trafficking Task Force is the main government machinery and coordination mechanism on trafficking and is co -chaired by the Ministry of Labour and the Ministry of Justice. It is responsible for ensuring the integration of anti-trafficking measures into policy and planning across the Government and in to the wider national development agenda. However, inter -agency coordination remains limited and neither anti-trafficking legislation nor the National Action Plan to Combat Trafficking in Pe rsons are fully operationalized in practice, particularly in rural areas. The Special Rapporteur commends the Government’s engagement with civil society through the work of the Task Force. However, she notes with concern that the reduction in budget allocation to anti -trafficking action will severely curtail the implementation of the National Action Plan and the work of the Task

Force.

III. Assistance for and protection of trafficked persons

17. Liberia is a source, transit and destination country for victims of trafficking in persons for purposes of sexual exploitation, forced labour and domestic servitude. Trafficking within the country, particularly from rural to urban areas, is more prevalent than transnational trafficking. However, internal trafficking remains underreported and there is a lack of data on the prevalence of and patterns in trafficking, particularly for purposes of sexualA/HRC/59/56/Add.2 6 GE.25-06082 exploitation. Despite credible information on the prevalence of trafficking for sexual exploitation in mining and rubber plantation concession areas, particularly affecting young women and girls, there appears to be a widespread tolerance and generalized passivity on the part of police and judiciary with regard to this serious human rights violation. The Special Rapporteur highlights that identifying victims and persons at risk of trafficking is a positive obligation of the State and should not be dependent on reporting or complaints by victims.

18. The Independent National Commission on Human Rights and its monitors are important partners in combating all forms of trafficking, particularly internal trafficking in

Rapporteur highlights that identifying victims and persons at risk of trafficking is a positive obligation of the State and should not be dependent on reporting or complaints by victims.

18. The Independent National Commission on Human Rights and its monitors are important partners in combating all forms of trafficking, particularly internal trafficking in rural and hard -to-reach areas. In this regard, it is noteworthy that the Commission was accredited A status by the Global Alliance of National Human Rights Institutions in 2017 and again in 2023. The Special Rapporteur welcomes the Commission ’s plans to consider monitoring the situation of migrant workers in order to document and track potential victims of trafficking for forced labour and to promote the rights of migrant workers, as protected under the Decent Work Act. She also observes that human rights monitors potentially play an important role in referring victims of trafficking and persons at risk for assistance and protection. However, limited resources and capacity hinder the effectivene ss of their work.

Continued and expanded support is needed to sustain the work of human rights monitors. The Commission does not periodically engage with the National Anti -Trafficking Task Force or businesses and does not have enforcement power to intervene in trafficking cases.

19. Assistance and protection measures are not widely available and are non -existent in remote, rural areas and at border crossings. Government -run safe homes, hotlines and short-term emergency shelter accommodation were not fully operational at the time of the visit. The provision of medical and psychosocial assistance, legal aid and reintegration education and training program mes are short term and ad hoc only. Assistance services, including safe accommodation for victims of internal trafficking, are extremely limited.

Long-term assistance measures are also limited, particularly in remote and hard -to-reach areas. As a result, victims are returned to families and communities without follow-up due to lack of staffing, resources and capacity, particularly in hard -to-reach rural areas. Such lack of assistance and protection services increases the risks of retrafficking, particularly given the lack of accountability and of impunity for perpetrators. The capacity of the Independent National Commission on Human Rights monitors, border agents and labour commissions to

lack of staffing, resources and capacity, particularly in hard -to-reach rural areas. Such lack of assistance and protection services increases the risks of retrafficking, particularly given the lack of accountability and of impunity for perpetrators. The capacity of the Independent National Commission on Human Rights monitors, border agents and labour commissions to identify and refer cases of exploitation needs to be strengthened, particularly for at -risk sectors such as agriculture, mining, fisheries and domestic work.

20. Assistance to and protection of returning victims of trafficking are inadequate, with short-term assistance provided by international partners. Gaps remain in the provision of longer-term assistance and protection measures. Access to remedies, including compensation, is weak. Trafficking victims are provided with access to government-run safe homes regardless of their nationality, and assistance is provided. However, no shelters or short-term accommodation are available at border crossings and resources to support access to medical assistance, psychosocial assistance or longer -term protection are severely constrained. As a result, Anti-Trafficking in Persons Unit personnel frequently cover the cost of transport for victims to safe homes or for medical care. Identified victims of trafficking , including children, are returned to countries of origin without substantial assessment of risks of retrafficking on return, in violation of the State’s obligations of non-refoulement.

21. Healthcare workers at border crossings have not received training on identification of victims or referral pathways, and facilities to provide assistance or for confidential interviewing are non-existent. The existing makeshift facilities at borders were built for the emergency response to the coronavirus disease (COVID-19) pandemic and are not suitable for current health screening needs or for confidential interviewing. Such facilities could be adapted to provide for confidential screening and intervie wing of trafficked persons and persons at risk, including children. Training for healthcare workers providing services at border crossings, to strengthen identification of trafficking victims and risks of trafficking, is urgently needed.A/HRC/59/56/Add.2

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A. Forced labour in high-risk sectors

22. Risks of forced labour and sexual exploitation are prevalent, especially in high -risk

border crossings, to strengthen identification of trafficking victims and risks of trafficking, is urgently needed.A/HRC/59/56/Add.2 GE.25-06082 7

A. Forced labour in high-risk sectors

22. Risks of forced labour and sexual exploitation are prevalent, especially in high -risk sectors such as mining, fisheries, domestic work and agriculture , and pose challenges for women and children. It is noted in the National Action Plan on Business and Human Rights that the business sector is largely unregulated, leaving workers vulnerable to human rights abuses, including exploitation and other forms of risks. Labour exploitation of women on palm oil and rubber pl antations is frequent. 2 Effective measures to prevent and report trafficking for purposes of forced labour and child labour are urgently required, in particular in rubber plantations where reliance on small-scale subcontractors and marginal oversight of labour conditions remain a concern. Labour commissioners and inspectors reported that capacity constraints hindered their ability to undertake unannounced inspections and to enforce standard compliance, and even more to reach migrant workers. The lack of interpreters to assist in engaging with migrant workers was a serious concern, leadi ng frequently to labour inspectors relying on staff in management roles to communicate with workers indirectly. The National Bureau of Concessions also reported limited capacity to monitor labour conditions and verify allegations of sexual abuse or traffic king in persons in remote concession areas such as Grand Bassa County.

23. The Special Rapporteur notes with concern that there are very few women working as labour inspectors or commissioners. Officials from the previous administration were not retained and there was no proper handover on inspection reports. There was minimal understanding of and expertise on the modalities of conducting inspections for domestic workers, and no inspections are carried out in private households.

24. The commitment of inspectors and commissioners to undertak ing often difficult and challenging work is commendable, particularly given the serious lack of resources and transport in rural areas. The Special Rapporteur notes that labour inspectors also reported risks of intimidation or harassment in some concession areas. The capacity of labour

24. The commitment of inspectors and commissioners to undertak ing often difficult and challenging work is commendable, particularly given the serious lack of resources and transport in rural areas. The Special Rapporteur notes that labour inspectors also reported risks of intimidation or harassment in some concession areas. The capacity of labour commissions poses a serious concern in the context of illicit mining, given the challenge of ensuring effective overs