The United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict (Team of Experts) aims to examine, research and advance the discussion on The Nexus Between Conflict-Related Sexual Violence (CRSV) and Trafficking in Persons (TIP) for Sexual Exploitation in (Post) Conflict: Conceptualisation of the Crimes’ Nexus and Rule of Law Response. The Case of Ukraine. In the context of the current war in Ukraine, grassroot organisations, government officials, international organisations, NGOs and survivors have early alerted for conflict-related sexual violence as well as a trafficking crisis as a result of the ongoing conflict. This conflict brings to the fore the nexus between CRSV and TIP for sexual exploitation, which lies at the heart of the research undertaken.

?In 2016, prompted by the alarming use of trafficking and trade of women and girls for sexual exploitation, as part of the modus operandi of several non-state armed groups (i.e. ISIL, Boko Haram, Al Shabaab and the Lord’s Resistance Army), the Security Council adopted its first resolution (Res. 2331) specifically acknowledging the nexus between trafficking in persons (TIP) and conflict-related sexual violence (CRSV). The Security Council recognized that “trafficking in persons in armed conflict and post-conflict situations can also be associated with sexual violence in conflict”. Following this resolution, the UN Secretary General’s annual reports on Sexual Violence in Conflict would include “trafficking in persons when committed in situations of conflict for the purpose of sexual violence/exploitation”, as a form of conflict-related sexual violence.

The translation of the commitments and pledges made by Member States and International Organisations to address and respond to the conduct reflecting the nexus between CSRV and TIP has faced two different but related challenges: the lack of conceptual and legal clarity regarding the use of the term “trafficking as conflict-related sexual violence”; and the lack of understanding and comprehensive guidance regarding the rights and obligations arising from the resolutions establishing the nexus between trafficking in persons and conflict-related sexual violence. It is important to understand and clarify the intersection and the nexus between the concepts of trafficking in persons and sexual violence in conflict, to ensure an adequate application of the new obligations arising from Resolution 2331 and following. Both concepts – TIP and CRSV – were individually and separately developed, having a substantive and important normative content that cannot be ignored. It is therefore important to ensure a comprehensive examination and analysis of their respective normative instruments and frameworks to understand how they can best serve the prevention and response to conduct reflecting the nexus between CSRV and TIP for sexual exploitation.

The results of the above-mentioned research will allow the Team of Experts, in line with its mandate to support national authorities on the rule of law response to CRSV, to identify and provide adequate support to Members States, including Ukraine, in the response to crimes reflecting the nexus between CRSV and TIP for sexual exploitation. In response to the existing challenges the research aims to: (1) allow for a consistent and comprehensive analysis of the nexus between CRSV and TIP for sexual exploitation, based on: a review of applicable normative framework and literature review; the perception and understanding of relevant stakeholders and victims/survivors of CRSV and/or TIP for sexual exploitation, through perception surveys and/or interviews; and (2) allow the identification of recommendations, to strengthen the rule of law response to the nexus between CSRV and TIP for sexual exploitation, in the context of the war in Ukraine.

Based on the research, a report on the topic will be published and a workshop with practitioners working in this field will be held.

For more information about this research, please contact: coelhocandeias@sby168.com

Consultants working on the research on behalf of Team of Experts: dr. Anne-Marie de Brouwer and dr. Eefje de Volder.