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United Nations Security Council Resolution 2388 – Maintenance of international peace and security

United Nations Security Council Resolution 2388 – Maintenance of international peace and security

Resolution 2388 (2017)

The Security Council,

Recalling Presidential Statement 2015/25, Resolution 2331 (2016),

Taking note of the Secretary-General’s report S/2017/939,

Recalling its primary responsibility for the maintenance of international peace and security, in accordance with the Charter of the United Nations,

Taking note of the efforts undertaken by United Nations entities and international and regional bodies to implement Resolution 2331 (2016), including the development of a Thematic Paper on trafficking in persons in conflict situations, the establishment of the Task Team on anti-trafficking in humanitarian action within the Global Protection Cluster, the development by UNODC of a structured system of data collection on trafficking in persons in the context of armed conflict, including through the publication of the 2016 Global Report on Trafficking in Persons, and the inclusion by the Counter-Terrorism Committee Executive Directorate, within the existing mandate, under the policy guidance of the Counter Terrorism Committee, and in close cooperation with UNODC and other relevant entities, in its country assessments, as appropriate, of 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,

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 framework 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 women and children in situations of armed conflict and persons forcibly displaced by armed conflict, including refugees, can be especially vulnerable to trafficking in persons in armed conflict and to these forms of exploitation,

Recalling the Political Declaration on the implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons, adopted by the General Assembly on 27 September 2017, and further welcoming the resolve of Member States expressed therein to take decisive concerted action to end trafficking in persons, wherever it may occur,

Reiterating deep concern that despite its condemnation of acts of trafficking in persons in areas affected by armed conflict, such acts continue to occur,

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Reiterating its solidarity with victims of trafficking in persons in armed conflict and post-conflict situations and noting the importance of providing them with appropriate care, assistance and services for their physical, psychological and social recovery, rehabilitation and reintegration, in full respect of their huma n rights and in a manner that takes full account of the extreme trauma they have suffered and the risk of further victimization and stigmatization,

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,

Recalling resolutions 2359 (2017) and 2374 (2017), which express concern over the serious challenges posed by different forms of transnational organized crime, including trafficking in persons and the smuggling of migrants in the Sahel region, and recalling also resolutions 2240 (2015) and 2380 (2017), which express concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organized crime and terrorist networks in Libya,

Reiterating the critical importance of all Member States fully implementing relevant Security Council resolutions, including resolutions 2195 (2014), 2253 (2015), 2199 (2015) and 2368 (2017), which express concern that terrorists benefit from transnational organized crime in some regions, including from trafficking in persons, as well as 2242 (2015), which expresses concern that acts of sexual violence and gender-based violence 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; and further reiterating the connection between trafficking in persons, sexual violence and terrorism and other organized criminal activities, which can prolong and exacerbate conflict and instability or intensify its impact on civilian populations,

Recognizing the need to continue to foster a global partnership against trafficking in persons among all stakeholders, including inter alia, through bilateral, multilateral and regional processes and initiatives,

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,

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Condemning in the strongest terms continued gross, systematic and widespread abuses of human rights and violations of international humanitarian law by ISIL (also known as Da’esh); and abductions of women and children by ISIL, ANF, and associated individuals, groups, undertakings, and entities and expressing outrage at their exploitation and abuse, including rape and sexual violence, forced marriage and enslavement by these entities, encouraging all State and non-state actors with evidence to bring it to the attention of the Council, along with any information that human trafficking and related forms of exploitation and abuse may support the perpetrators financially, emphasizing that States are required to ensure that their nationals and persons within their territory do not make available any funds, financial assets or economic resources for ISIL’s benefit, and noting 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), 2253 (2015) and 2368 (2017) concerning ISIL (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities,

Recognizing that persons affected by armed conflict and fleeing conflict are at great risk of being subjected to trafficking in persons, and stressing the need to prevent and identify instances of trafficking in persons among those forcibly displaced or otherwise affected by armed conflict,

Expressing grave concern over the high numbers of women and children subjected to trafficking in armed conflicts, and recognizing that acts of trafficking in persons are often associated with other violations of applicable international law and other abuses, including those involving recruitment and use, abduction and sexual violence including, inter alia, rape, sexual slavery, forced prostitution and forced pregnancy; and calling on all Member States to hold perpetrators accountable and to assist victims in their recovery and reintegration,

Reiterating its grave concern over the abduction of children in situations of armed conflict, the majority of which are perpetrated by non-State armed groups, recognizing that abductions occur in a variety of settings, including schools, further recognizing that abduction often precedes or follows other abuses and violations of applicable international law against children, including those involving recruitment and use, killing and maiming, as well as rape and other forms of sexual violence, which may amount to war crimes or crimes against humanity, and calling on all Member States to hold perpetrators of abductions accountable,

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Expressing deep concern over the heightened vulnerability to exploitation and abuse of children forcibly displaced by armed conflict, particularly when separated from their families or caregivers, and underlining the need to ensure protection of all unaccompanied children who are victims of or those vulnerable to trafficking in persons through their prompt identification and immediate assistance taking into account their specific needs,

Condemning all violations and abuses against children in armed conflict, including trafficking in persons and recalling all its resolutions on children and armed conflict that call for the protection of children, and in particular Resolution 1261 (1999) as well as Resolution 1612 (2005), establishing the Monitoring and Reporting Mechanism on children and armed conflict,

Noting measures taken by UN peacekeeping and special political missions in accordance with their mandates, to assist host States in exercising their primary responsibility to prevent and combat trafficking in persons, also noting measures taken by Member States to provide pre-deployment training on trafficking in persons to personnel that will be deployed in UN peacekeeping missions and encouraging further action in this area,

Noting the initiative by Department of Peacekeeping Operations, the Department of Field Support and the United Nations Office on Drugs and Crime to develop a training module on human trafficking and smuggling of migrants for in mission training of police personnel in selected peacekeeping missions, where applicable,

Underscoring the need for improved collection, also through relevant data base systems managed by international organizations, including UNODC and INTERPOL, of timely, objective, accurate and reliable data on trafficking in persons in situations of conflict, disaggregated by sex, age and other relevant factors, as well as on financial flows associated with trafficking in persons,

Reaffirming the need to ensure organization and coherence in the efforts of the United Nations System to address trafficking in persons in areas affected by armed conflict or in post conflict situations and further recognizing the need to continue to work towards an enhanced comprehensive and coordinated approach to prevent and combat trafficking, which can contribute to sustainable peace and stability,

Adopted by the Security Council at its 8111th meeting, on 21 November 2017.

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