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366 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(a) Providing immigration laws that permit victims <strong>of</strong> trafficking in personsto remain in its territory, temporarily or permanently, in appropriate cases;“(b) Providing for the physical, psychological and social recovery <strong>of</strong> victims <strong>of</strong>and witnesses to trafficking in persons, in order to foster their health, self-respect anddignity, in a manner appropriate to their age, gender and special needs.”Argentina (A/AC.254/8)“Article 8“Confidentiality <strong>of</strong> proceedings“States Parties shall safeguard the interests <strong>of</strong> victims <strong>of</strong> international traffickingin women and children and take steps to ensure that the conduct <strong>of</strong> any proceedingsinstituted under <strong>this</strong> Agreement remain confidential at all times.”Second session: 8-12 March 1999Argentina and United States <strong>of</strong> America (A/AC.254/4/Add.3/Rev.1)“Article 4“Assistance for and protection <strong>of</strong> victims <strong>of</strong> trafficking 2“1. [In appropriate cases and to the extent possible under domestic law, 3 StatesParties shall protect the privacy <strong>of</strong> victims by maintaining the confidentiality <strong>of</strong> legalproceedings related to trafficking in [persons] [women and children].“2. In addition to measures provided pursuant to article 7 <strong>of</strong> <strong>this</strong> Protocol, eachState Party shall ensure that its legislative framework contains measures that permitproviding, in appropriate cases:“(a) Information to victims <strong>of</strong> crimes covered by <strong>this</strong> Protocol with regard tothe relevant court and administrative proceedings;“(b) Assistance to victims <strong>of</strong> crimes covered by <strong>this</strong> Protocol, enabling theirviews and concerns to be presented and considered at appropriate stages <strong>of</strong> the criminalproceedings against the <strong>of</strong>fenders, in a manner not prejudicial to the rights <strong>of</strong> thedefence; and“(c) Appropriate housing, education and care for children in governmentalcustody. 4“3. Each State shall endeavour to provide for the physical safety <strong>of</strong> victims <strong>of</strong>crimes covered by <strong>this</strong> Protocol while they are within its territory.”2Article 4 in <strong>document</strong> A/AC.254/4/Add.3, dealing with victims, was expanded into four separate articles (articles 4-7)in <strong>this</strong> draft, each addressing a different aspect <strong>of</strong> victim assistance.3At the second session <strong>of</strong> the Ad Hoc Committee, it was suggested that the phrase “in appropriate cases” should beexpanded to include reference to the domestic law <strong>of</strong> States parties.4Australia and Canada expressed concern about the consistency <strong>of</strong> <strong>this</strong> clause with the Convention on the Rights <strong>of</strong>the Child (United Nations, Treaty Series, vol. 1577, No. 27531) (see A/AC.254/5/Add.3).

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