Security Council resolution 2331 (2016) [on trafficking in persons in armed conflicts]
Symbol: S/RES/2331 (2016)
Date: 2016-12-20
Status: adopted
Agenda: S/71 [304] TRAFFICKING IN PERSONS
S/71 [201] WOMEN IN ARMED CONFLICTS
S/71 [187] CHILDREN IN ARMED CONFLICTS
S/71 [10] INTERNATIONAL SECURITY
S/71 [31] TERRORISM
S/ X Maintenance of international peace and security.
Subjects: UN. Human Rights Council. Special Rapporteur on Trafficking in Persons, Especially in Women and Children|UN Office on Drugs and Crime|UN. Office of the High Commissioner for Human Rights|UNHCR|UN. Security Council Committee Established pursuant to Resolution 1373 (2001) concerning Counter-Terrorism. Executive Directorate|UN. Security Council. Analytical Support and Sanctions Monitoring Team Established pursuant to Resolution 1526 (2004)|UN Convention against Transnational Organized Crime (2000)|Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000)|TRAFFICKING IN PERSONS|HUMAN RIGHTS IN ARMED CONFLICTS|TRANSNATIONAL CRIME|LAW ENFORCEMENT|TERRORISM|COUNTER-TERRORISM|GENDER-BASED VIOLENCE|CRIME VICTIMS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                   S/RES/2331 (2016)
               Security Council                                                 Distr.: General
                                                                                20 December 2016




               Resolution 2331 (2016)
               Adopted by the Security Council at its 7847th meeting, on
               20 December 2016

                    The Security Council,
                    Recalling Presidential Statement 2015/25,
                    Taking note of the Secretary-General’s reports S/2016/949, as well as
               S/2015/203 and S/2016/361,
                    Recalling its primary responsibility for the maintenance of international peace
               and security, in accordance with the Charter of the United Nations,
                     Recalling the United Nations Convention against Transnational Organized
               Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons,
               Especially Women and Children, which includes the first internationally agreed
               definition of the crime of trafficking in persons and provides a fr amework to
               effectively prevent and combat trafficking in persons, and further recalling the
               United Nations Global Plan of Action to Combat Trafficking in Persons,
                     Recognizing that trafficking in persons in areas affected by armed conflict and
               post-conflict situations can be for the purpose of various forms of exploitation,
               including exploitation of the prostitution of others or other forms of sexual
               exploitation, forced labour, slavery or practices similar to slavery, servitude or the
               removal of organs; further recognizing that trafficking in persons in armed conflict
               and post-conflict situations can also be associated with sexual violence in conflict
               and that children in situations of armed conflict and persons displaced by armed
               conflict, including refugees, can be especially vulnerable to trafficking in persons in
               armed conflict and to these forms of exploitation,
                     Reiterating the critical importance of all Member States fully implementing
               relevant Security Council resolutions, including resolutions 2195 (2014) and 2253
               (2015), which express concern that terrorists benefit from transnational organized
               crime in some regions, including from the trafficking in persons among others, as
               well as 2242 (2015), which expresses concern that acts of sexual and gender -based
               violence are known to be part of the strategic objectives and ideology of certain
               terrorist groups; and recognizing the connection between trafficking in persons,
               sexual violence and terrorism and other transnational organized criminal activities,




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               which can prolong and exacerbate conflict and instability or intensify its impact on
               civilian populations,
                      Expressing deep concern that acts of sexual and gender-based violence,
               including when associated to trafficking in persons, are known to be part of the
               strategic objectives and ideology of certain terrorist groups, used as a tactic of
               terrorism and an instrument to increase their finances and their power through
               recruitment and the destruction of communities, as described in the relevant
               Secretary-General’s Reports; that trafficking in persons, in particular women and
               girls, remains a critical component of the financial flows to certain terrorist groups;
               and that, when leading to certain forms of exploitation, is being used by these
               groups as a driver for recruitment,
                     Recognizing that trafficking in persons entails the violation or abuse of human
               rights, and underscoring that certain acts or offences associated with trafficking in
               persons in the context of armed conflict may constitute war crimes; and recalling
               further the responsibilities of States to end impunity and to prosecute those
               responsible for genocide, crimes against humanity, war crimes as well as other
               crimes and the need for States to adopt appropriate measures within their national
               legal systems for those crimes for which they are required under international law to
               exercise their responsibility to investigate and prosecute,
                     Expressing solidarity with victims of trafficking in persons, including victims
               of trafficking in persons in armed conflict and post-conflict situations and in
               humanitarian crisis derived from them; noting in this regard the importance of
               assistance and services for the physical, psychological and social recovery,
               rehabilitation and reintegration; recognizing the extreme trauma experienced by the
               victims of trafficking in persons in the context of armed conflict and sexual violence
               in conflict, and that humanitarian organizations should consider this vulnerability in
               humanitarian planning,
                    Reaffirming that trafficking in persons in the context of armed conflict,
               especially women and girls, cannot and should not be associated with any religion,
               nationality, or civilization,
                     Emphasizing the importance of engaging religious and traditional leaders,
               paying particular attention to amplifying the voices of women and girls alongside
               men and boys, with the objective of countering terrorism and violent extremism
               which can be conducive to terrorism, refuting the justification of trafficking in
               persons in the context of armed conflict and sexual or other violence in conflict,
               addressing the stigmatization suffered by survivors and facilitating their return and
               reintegration in families and communities,
                     Recalling all its resolutions on children and armed conflict that call for the
               protection of children affected by armed conflicts; condemning all violations and
               abuses against children in armed conflict and noting in particular that the
               recruitment and use of children in violation of applicable international law by
               parties to armed conflict can be associated with trafficking in persons; expressing
               grave concern over the high numbers of girls and boys among persons trafficked in
               armed conflict and their heightened vulnerability to violations and abuses, including
               girls and boys who are forcibly displaced by armed conflict, particularly when
               separated from their families or caregivers,




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                 Recalling resolution 2249 (2015), in which the Security Council condemns in
           the strongest terms the gross, systematic, and widespread abuses of human rights
           and violations of international humanitarian law by ISIL (also known as Daesh), and
           resolution 2253 (2015), in which the Security Council condemns in the strongest
           terms abductions of women and children, including by ISIL, ANF, and associated
           individuals, groups, undertakings and entities, expresses outrage at their
           exploitation and abuse, including rape and sexual violence, forced marriage, and
           enslavement by these entities, and notes that any person or entity who transfers
           funds to ISIL directly or indirectly in connection with such exploitation and abuse
           would be eligible for listing by the Security Council Committee established
           pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL
           (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities,
                 Noting with concern the criminal misuse of information and communications
           technologies, particularly the Internet, to facilitate the trafficking of persons, in
           particular the sale and trade, by certain terrorist groups and empha sizing the
           importance of countering such use as part of counter-terrorism efforts while
           respecting human rights and fundamental freedoms and in compliance with other
           obligations under international law,
                1.   Condemns in the strongest terms all instances 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;
                2.    Calls upon Member States:
                 (a) That have not yet done so, to consider as a matter of priority ratifying or
           acceding to and to fully implement the United Nations Convention Agai nst
           Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish
           Trafficking in Persons, Especially Women and Children, as well as all relevant
           international instruments;
                (b) To take decisive and immediate action to prevent, criminalize,
           investigate, prosecute and ensure accountability of those who engage in trafficking
           in persons, including in the context of armed conflict, in which it is particularly
           important that evidence of such crimes be collected and preserved so that
           investigations and prosecutions may occur;
                (c) To investigate, disrupt and dismantle networks involved in trafficking in
           persons in the context of armed conflict, in accordance with national le gislation,
           including anti-money-laundering, anti-corruption and anti-bribery laws and, where
           appropriate, counter-terrorism laws, and underscores in this regard the importance
           of international law enforcement cooperation, including with respect to
           investigation, documentation, and prosecution of trafficking cases, calls in this
           regard for the continued support of the United Nations Office on Drugs and Crime
           (UNODC) and other relevant United Nations entities, and international and regional
           bodies, including INTERPOL, as appropriate, in providing technical assistance upon
           request and within their existing mandates, and encourages Member States to
           consider establishing jurisdiction in line with article 15 of the UN Convention
           against Transnational Organized Crime;




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                     (d) To implement robust victim, and possible victim, identification
               mechanisms and provide access to protection and assistance for identified victims
               without delay, also in relation to trafficking in persons in armed conflict, including
               where such victims are refugees and internally displaced persons (IDPs), and to
               address comprehensively victims’ needs, including the provision of or access to
               medical, psychosocial assistance and legal aid, as well as ensure that victims are
               treated as victims of crime and in line with domestic legislation not penalized or
               stigmatized for their involvement in any unlawful activities in which they have been
               compelled to engage; calls in this regard for the continued support of UNODC and
               other relevant United Nations entities, including UNHCR, as well as international
               and regional bodies, including IOM, in assisting Member States, upon request, with
               identification of and assistance to trafficking victims;
                    3.    Encourages Member States to:
                     (a) Build strong partnerships with the private sector and civil society,
               including local women organizations, and to redouble their efforts by encouraging
               these actors to provide information helping to identify, disrupt, dismantle and bring
               to justice individuals and networks involved in trafficking in persons in areas
               affected by armed conflict, including by training relevant officials such as law
               enforcement personnel, border control officers, labour inspectors, consular or
               embassy officials, judges and prosecutors and peacekeepers to identify i ndicators of
               trafficking in persons in areas affected by armed conflict in supply chains;
                     (b) Consider that in some circumstances trafficking in persons in armed
               conflict in all its forms and sexual violence in conflict can cause large movements
               of refugees and migrants; recalls the Convention Relating to the Status of Refugees
               and/or its Protocol relating to the Status of Refugees; and furthermore urges that all
               refugee-receiving countries provide information on the services available to victims
               of trafficking and sexual violence survivors, ensure sustainable psychosocial
               support and provide survivors with the option to document their cases for future
               legal action to hold traffickers accountable, and that due consideration is given to
               clarifying and securing the legal status of undocumented refugee children, including
               refugee children conceived as a result of sexual violence or exploitation, to avoid
               situations of possible statelessness;
                    4.    Encourages the Financial Action Task Force (FATF) and FATF-Style
               Regional Bodies (FSRBs) to consider including an analysis of financial flows
               associated with trafficking in persons that finances terrorism as part of its ongoing
               work, in close cooperation with CTED, the Analytical Support and Sanctions
               Monitoring Team and with UNODC;
                     5.   Calls on those Member States who have not yet done so to develop the
               expertise of their Financial Intelligence Units (FIUs) to analyse cases of trafficking
               in persons that finance terrorism, and encourages them to work together to devel op
               that capacity, and, in this regard, further encourages Member States and relevant
               UN entities and other international and regional organizations to provide other
               States which may need so, upon their request, with the financial, material and
               technical assistance that they may require to build the capacity mentioned above;
                   6.   Calls on Member States to consider reinforcing legal and regulatory
               measures to facilitate the sharing of information, both domestically and




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           internationally, between law enforcement and regulatory actors and the private
           sector as well as within the private sector, in line with applicable international and
           national law, to help identify and detect suspicious financial activity related to
           trafficking in persons that finances terrorism, while also recognizing the need to
           protect the confidentiality of personal data of victims;
                 7.     Recalls its decision, in resolution 1373 (2001) that all Member States
           shall ensure that any person who participates in the financing, planning, preparation
           or perpetration of terrorist acts or in supporting terrorist acts is brought to justice,
           urges all States to ensure that their domestic laws and regulations establish serious
           criminal offenses sufficient to provide the ability to prosecute and penalize in a
           manner duly reflecting the seriousness of the offence of trafficking in persons
           committed with the purpose of supporting terrorist organizations or individual
           terrorists, including through the financing of and recruitment for the commission of
           terrorist acts;
                 8.    Stresses that acts of trafficking in persons in armed conflict and sexual
           and gender-based violence in conflict, including when it is associated to trafficking
           in persons in armed conflict, can be part of the strategic objectives and ideology of,
           and used as a tactic by certain terrorist groups, by, inter alia, incentivizing
           recruitment; supporting financing through the sale, trade and trafficking of women,
           girls and boys; destroying, punishing, subjugating, or controlling communities;
           displacing populations from strategically important zones; extracting information
           for intelligence purposes from male and female detainees; advancing ideology
           which includes the suppression of women’s rights and the use of religious
           justification to codify and institutionalize sexual slavery and exert control over
           women’s reproduction; and therefore encourages all relevant actors at the national,
           regional and international level to ensure that such considerations are taken into
           account, in accordance with their obligations under international law and national
           laws;
                 9.     Underlines further that achieving the strategic objectives noted above
           may entail the use of various forms of sexual violence in conflict, also when
           associated with trafficking in persons in the context of armed conflict, including,
           inter alia, rape, sexual slavery, forced prostitution and forced pregnancy, and notes
           that these different forms of sexual violence in conflict may require tailored
           programmatic responses including specialized medical and psychosocial assistance
           and analysis as a basis for action;
                 10. Affirms that victims of trafficking in persons in all its forms, and of
           sexual violence, committed by terrorist groups should be classified as victims of
           terrorism with the purpose of rendering them eligible for official support,
           recognition and redress available to victims of terrorism, have access to national
           relief and reparations programmes, contribute to lifting the sociocultural stigma
           attached to this category of crime and facilitate rehabilitation and reintegration
           efforts; furthermore emphasizes that survivors should benefit from relief and
           recovery programmes, including health care, psychosocial care, safe shelter
           livelihood support and legal aid and that services should include provision for
           women with children born as a result of wartime rape, as well as men and boys who
           may have been victims of sexual violence in conflict, including when it is associated
           with trafficking in persons in armed conflict;




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                     11. Condemns 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 ethn ic
               minorities, and condemns also any such trafficking in persons and violations and
               other 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, recognizes the importance of collecting and
               preserving evidence relating to such acts in order to ensure that those responsible
               can be held accountable, and notes that such acts may also contribute to the funding
               and sustainment of such groups or to serve other strategic objectives as outlined in
               paragraph 5 above;
                     12. Expresses its intention to consider targeted sanctions for individuals and
               entities involved in trafficking in persons in areas affected by armed conflict and in
               sexual violence in conflict, and encourages information exchange and other
               appropriate forms of cooperation between relevant United Nations entities,
               including the Special Representative on Sexual Violence in Conflict and the Special
               Representative on Children in Armed Conflict, within their respective mandates,
               regarding initiatives and strategies to curb trafficking in persons in the context of
               armed conflict;
                     13. Expresses further its intention to integrate the issue of trafficking in
               persons in the areas affected by armed conflict and sexual violence in conflict into
               the work of relevant sanctions committees where in accordance with their mandates,
               and to ensure that sexual violence in conflict expertise, including when it is
               associated with trafficking in persons in the context of armed conflict consistently
               informs the work of sanctions committees, and further expresses its intention to
               invite the Special Representatives of the Secretary-General on Sexual Violence in
               Conflict and on Children and Armed 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 may meet the committees’ designation criteria;
                     14. Requests the Analytical Support and Sanctions Monitoring Team, when
               consulting with Member States, to include in their discussions the issue of
               trafficking in persons in the areas of armed conflict and the use of sexual vio lence 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) and 2253
               (2015) on these discussions as appropriate;
                     15. Encourages Member States to ensure that existing national strategic
               frameworks and national action plans against trafficking in persons national action
               plans and other planning frameworks on women and peace and security, developed
               through broad consultations, including with civil society, and comprehensive and
               integrated national counter-terrorism strategies are complementary and mutually
               reinforcing;
                    16. 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 include in CTED’s country assessments, as appropriate,




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           information regarding Member States efforts to address the issue of traffick ing 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;
                 17. Encourages UNODC and other relevant United Nations entities,
           including UNHCR and UNICEF, and other international and regional bodies,
           including INTERPOL and the International Organization for Migration (IOM), to
           continue supporting upon request, in accordance with their respective mandates and
           expertise, Member States efforts to develop such capabilities, including through the
           exchange of information and the strengthening of networks for regional and
           international cooperation in relation to trafficking in persons in areas affected by
           armed conflict; and in this regard, encourages further the above-mentioned entities
           and bodies to train their personnel to prevent and respond appropriately to
           trafficking in persons in areas affected by armed conflict in all its forms and sexual
           violence in conflict; support the tracking and identification of individuals and
           groups responsible for the trafficking in persons in the context of armed conflict;
           share relevant information to ensure accountability; enhance cooperation in
           documentation, extradition and legal assistance and enhance public awareness to
           combat trafficking in persons in armed conflict, including when it is associated with
           sexual violence in conflict and facilitate accountability;
                 18. Takes note with appreciation of the efforts undertaken by the Special
           Representative on Sexual Violence in Conflict and the Team of Experts on Rule of
           Law and Sexual Violence in Conflict to strengthen monitoring and analysis of
           sexual violence in conflict, including when associated with trafficking in persons in
           armed conflict and post-conflict situations, used as a tactic of war and also as a
           tactic by certain terrorist groups, as well as in seeking concrete and time -bound
           commitments and implementation plans by all parties to conflict to prevent and
           address such crimes in line with resolutions 1960 and 2106, and encourages a more
           systematic approach and the acceleration of such efforts; furthermore requests
           information, as appropriate, on practical measures undertaken by parties to the
           conflict pursuant to the above-mentioned commitments and implementation plans;
                 19. Further encourages Member States to provide training to all
           peacekeeping personnel to be deployed in UN peace operations in conflict and post -
           conflict zones on responding to trafficking in persons in the context of armed
           conflict, gender expertise, sexual exploitation and abuse prevention and assessing
           sexual violence in conflict as a component of predeployment training, and to ensure
           that this consideration is integrated into the performance and operational readiness
           standards against which troops are assessed;
                20. Urges relevant UN agencies operating in humanitarian crises derived
           from armed conflict and post-conflict situations to ensure, in accordance with their
           respective mandates, that the risk of trafficking in persons in armed conflict i s
           considered in protection of civilians and humanitarian needs assessments, that they
           build their technical capacity to assess situations for instances of trafficking in
           persons in armed conflict and that they work together to identify, prevent and
           respond effectively to victims of trafficking; and calls upon the Inter-Agency
           Standing Committee to strengthen the humanitarian community’s response to
           addressing trafficking in persons in armed conflict and exploitation during a crisis
           through existing protection mechanisms and programming;




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                      21. Invites the Secretary-General to integrate, when relevant, the issue of
               trafficking in persons in the context of armed conflict and post -conflict situations in
               all its forms as a factor in conflict prevention strategies , conflict analysis, integrated
               missions’ assessment and planning, peacebuilding support and humanitarian
               response; requests that relevant mission and thematic reporting to the Security
               Council includes information relating to trafficking in persons in the context of
               armed conflict and recommendations to address it; requests further that the
               Secretary-General takes steps to improve the collection of data, monitoring and
               analysis of trafficking in persons in the context of armed conflict, in order to better
               identify and prevent its incidence;
                     22. Welcomes further briefings on trafficking in persons in armed conflict, as
               necessary, by relevant United Nations entities, including the Executive Director of
               UNODC, and other international and regional bodies such as IOM; and encourages
               further consideration of the perspective and experience of civil society
               representatives, in particular of survivors of trafficking in persons in armed conflict,
               in briefings to the Security Council in relevant country-specific considerations and
               thematic areas, in accordance with established practice and procedure;
                     23. Requests the Secretary-General to follow up the implementation of this
               resolution and report, within twelve months, on strengthening coordination within
               the United Nations system, including through the United Nations’ Inter -Agency
               Coordination Group against Trafficking in Persons (ICAT), to preve nt and counter
               trafficking in persons in armed conflict in all its forms, and to protect those affected
               by armed conflict at risk of being trafficked, especially women and children; and
               further requests that this report also consider, inter alia, options f or: strengthening
               efforts by existing subsidiary bodies of the Security Council, Security Councilmandated peacekeeping operations and special political missions, in accordance
               with their respective mandates, as well as by Member States; data on geographic al
               areas, routes or locations where patterns of trafficking in persons in armed conflict
               are being developed, in coordination with all relevant UN entities; and
               recommendations for UN agencies to mitigate the risk of contributing to trafficking
               in persons in armed conflict through procurement and supply chains;
                    24.   Decides to remain actively seized of this matter.




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