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3071-The political economy of new slavery

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68 Trafficking and International Law<br />

trafficking in persons, including, in appropriate cases, in cooperation<br />

with non-governmental organizations, other relevant organizations,<br />

and other elements <strong>of</strong> civil society, and, in particular, the provision <strong>of</strong>:<br />

(a) Appropriate housing;<br />

(b) Counselling and information, in particular as regards their legal<br />

rights, in a language that the victim <strong>of</strong> trafficking can understand;<br />

(c) Medical, psychological and material assistance; and<br />

(d) Employment, educational and training opportunities.<br />

• each State Party shall take into account in applying the provisions<br />

<strong>of</strong> this article, the age, gender, and special needs <strong>of</strong> victims <strong>of</strong><br />

trafficking in persons, in particular the special needs <strong>of</strong> children,<br />

including appropriate housing, education and care.<br />

• each State Party shall endeavour to provide for the physical safety <strong>of</strong><br />

victims <strong>of</strong> trafficking in persons while they are within its territory.<br />

• each State Party shall ensure that its domestic legal system contains<br />

measures that <strong>of</strong>fer victims <strong>of</strong> trafficking in persons the possibility <strong>of</strong><br />

obtaining compensation for damage suffered.<br />

How to ensure that governments place the rights <strong>of</strong> victims at the core<br />

<strong>of</strong> their anti-trafficking policies was the objective <strong>of</strong> a two-year research<br />

study to investigate various measures to protect victims, especially those<br />

who act as witnesses in the prosecution <strong>of</strong> traffickers, completed by Anti-<br />

Slavery International in October 2002 (Pearson, 2002b). <strong>The</strong> research<br />

was carried out with local NGOs in ten countries and showed that the<br />

four countries which fared better in prosecuting traffickers, Belgium,<br />

Italy, the Netherlands and the United States <strong>of</strong> America, were those that<br />

had the most comprehensive measures for assisting victims, including<br />

temporary residence permits for those prepared to testify against their<br />

traffickers. An important part <strong>of</strong> this protection was to ensure that all<br />

persons suspected <strong>of</strong> being trafficked are given a ‘reflection delay’ <strong>of</strong> at<br />

least three months, as in the Netherlands. Such a delay allows trafficked<br />

persons to remain in the country legally while they recover from their<br />

situation and consider their options. To be fully effective such reflection<br />

delays should be accompanied by access to specialized services <strong>of</strong> an<br />

NGO that can ensure appropriate housing, legal, medical, psychological<br />

and material assistance. <strong>The</strong> quicker documents authorizing temporary<br />

residency are issued, the more effective they are.<br />

Anti-Slavery International’s research found a growing awareness, at all<br />

levels, <strong>of</strong> the need for a human rights framework to combat trafficking

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