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immediate support is not discretionary but is available as a right for all persons who have been identified as trafficked. Guideline 6: Protection and support for trafficked persons States and, where applicable, intergovernmental and non-governmental organizations, should consider: 1. Ensuring, in cooperation with non-governmental organizations, that safe and adequate shelter that meets the needs of trafficked persons is made available. The provision of such shelter should not be made contingent on the willingness of the victims to give evidence in criminal proceedings. Trafficked persons should not be held in immigration detention centres, other detention facilities or vagrant houses. 2. Ensuring, in partnership with non-governmental organizations, that trafficked persons are given access to primary health care and counselling. Trafficked persons should not be required to accept any such support and assistance and they should not be subject to mandatory testing for diseases, including HIV/AIDS. 3. Ensuring that trafficked persons are informed of their right of access to diplomatic and consular representatives from their State of nationality. Staff working in embassies and consulates should be provided with appropriate training in responding to requests for information and assistance from trafficked persons. These provisions would not apply to trafficked asylumseekers. 4. Ensuring that legal proceedings in which trafficked persons are involved are not prejudicial to their rights, dignity or physical or psychological wellbeing. 5. Providing trafficked persons with legal and other assistance in relation to any criminal, civil or other actions against traffickers/exploiters. Victims should be provided with information in a language that they understand. Legal / Policy Materials Compilation, Day 2, Part 1 - 84 -
6. Ensuring that trafficked persons are effectively protected from harm, threats or intimidation by traffickers and associated persons. To this end, there should be no public disclosure of the identity of trafficking victims and their privacy should be respected and protected to the extent possible, while taking into account the right of any accused person to a fair trial. Trafficked persons should be given full warning, in advance, of the difficulties inherent in protecting identities and should not be given false or unrealistic expectations regarding the capacities of law enforcement agencies in this regard. 7. Ensuring the safe and, where possible, voluntary return of trafficked persons and exploring the option of residency in the country of destination or third-country resettlement in specific circumstances (e.g. to prevent reprisals or in cases where re-trafficking is considered likely). 8. In partnership with non-governmental organizations, ensuring that trafficked persons who do return to their country of origin are provided with the assistance and support necessary to ensure their well-being, facilitate their social integration and prevent re-trafficking. Measures should be taken to ensure the provision of appropriate physical and psychological health care, housing and educational and employment services for returned trafficking victims. COMMIT Process: Memorandum of Understanding on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (2004) [The Governments of the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Kingdom of Thailand and the Socialist Republic of Vietnam, solemnly commit to the following actions]: Legal / Policy Materials Compilation, Day 2, Part 1 - 85 -
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TABLE OF CONTENTS Page Introduction
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Workshop. The full list of delegate
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of the three Working Groups. Recomm
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Day 3: Response Effective and Coord
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ACKNOWLEDGEMENTS 28. The Chairperso
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• The specialist function should
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• In the absence of victim cooper
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2007 UN Global Initiative to Fight
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Reference Documents Compilation of
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DAY 2 Workshop Theme Day 2. “Effe
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Working Group Sessions 14.00 - 15.3
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Reference Documents The Paris Decl
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Ms. Kate Moloney First Secretary (P
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Tel: +86 10 66262888 Fax: +86 10 66
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Ms. Yumiko Tanaka Senior Regional A
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Tel: +603 22627026 E-mail: rajakopa
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Pathumwan, Bangkok Tel: +66 2 254 2
Page 36 and 37: Children, Juveniles and Women Divis
Page 38 and 39: Ministry of Foreign Affairs Bangkok
Page 40 and 41: Fax: +0084 4 7335117 E-mail: trucnt
Page 42 and 43: Tel: +856 21 413204 Fax: +856 21 41
Page 44 and 45: OBSERVERS CIDA - SEARCH Project Mr.
Page 46 and 47: Mr. Jarat Kheereesantikul Investiga
Page 48 and 49: Programme Analyst - Human Rights UN
Page 50 and 51: Tel: 662 215 3388 Fax: 662 215 8272
Page 52 and 53: Tel: +662 251 6956 Fax: +66 2 253 3
Page 54 and 55: Bangkok, Thailand E-mail: saisuree1
Page 56 and 57: Ms. Bronte Moules Deputy Ambassador
Page 58 and 59: Note: The present document contains
Page 60 and 61: 3. In the absence of an agreement o
Page 62 and 63: (b) To provide factual, concrete he
Page 64 and 65: including international or regional
Page 66 and 67: Extract 2: United Nations Protocol
Page 68 and 69: Extract 3: United Nations Principle
Page 70 and 71: access to independent 1egal counsel
Page 72 and 73: Extract 5: Criminal Justice Respons
Page 74 and 75: 5. Relevant agencies should be enco
Page 78 and 79: United Nations Protocol to Prevent,
Page 80 and 81: Criminal Justice Responses to Traff
Page 82 and 83: 4. Each State Party may also adopt
Page 84 and 85: 2. Each State Party shall ensure th
Page 88 and 89: 15. Promoting greater gender and ch
Page 90 and 91: United Nations Principles and Guide
Page 92 and 93: TOPIC 5: RIGHT OF VICTIMS TO A REME
Page 94 and 95: TOPIC 6: SPECIAL PROTECTIONS FOR CH
Page 96 and 97: 9. Protecting, as appropriate, the
Page 98 and 99: 7. There should be close co-operati
Page 100 and 101: MEASURES AGAINST CORRUPTION 1. In a
Page 104 and 105: cooperation on extradition with oth
Page 106 and 107: 15. States Parties may not refuse a
Page 108 and 109: 1. The conclusion and effective imp
Page 110 and 111: the requesting State Party; (i) Any
Page 112 and 113: (d) The person transferred shall re
Page 114 and 115: 18. Wherever possible and consisten
Page 116 and 117: prosecution or judicial proceeding
Page 118 and 119: Part 2. D. International Legal / Ju
Page 120 and 121: TOPIC 3: RECOVERY OF PROCEEDS OF TR
Page 122 and 123: (b) Submit to its competent authori
Page 124 and 125: domestic law and if so requested, g
Page 126 and 127: TOPIC 4: LAUNDERING OF THE PROCEEDS
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