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368 Travaux préparatoires: United Nations Convention against Transnational Organized Crime2. At the fourth session <strong>of</strong> the Ad Hoc Committee, the Special Rapporteur on violenceagainst women, its causes and consequences submitted a position paper, in which itwas argued that the wording <strong>of</strong> paragraph 1 <strong>of</strong> article 4 was restrictive and allowed Statesparties to have discretion over whether or not to ensure the privacy and confidentiality <strong>of</strong>legal proceedings relating to trafficking in persons (see also on <strong>this</strong> point the concurringopinion <strong>of</strong> the United Nations High Commissioner for Human Rights, as reflected in <strong>document</strong>A/AC.254/16, para. 18). It was also proposed that paragraph 2 should be strengthenedby deleting the phrases “in appropriate cases” and “ensure that its legislativeframework contains measures that permit providing”, so as to require States parties to providedirectly the measures mentioned (along the same lines, see the comments <strong>of</strong> the UnitedNations High Commissioner for Human Rights (A/AC.254/16, para. 19)). In addition, itwas suggested that a provision ensuring the right to pursue legal action against trafficking,as well as a provision ensuring the right for the trafficked persons to be informed <strong>of</strong>their legal rights, should be included in the text <strong>of</strong> the article. A further provision was proposedwith a view to ensuring procedural protections for trafficked persons. As far as paragraph3 <strong>of</strong> article 4 was concerned, the relevant proposals focused on strengthening theprotection accorded to trafficked persons (deletion <strong>of</strong> the phrase “shall endeavour”), replacingthe term “territory” with the term “jurisdiction” (for the purpose <strong>of</strong> including withinthe purview <strong>of</strong> the provision a trafficked person on the embassy grounds <strong>of</strong> a State partylocated in the territory <strong>of</strong> a State not party to the convention) and including a provisionfor ensuring protection against detention, imprisonment or prosecution <strong>of</strong> trafficked persons(on <strong>this</strong> last point, see also the comments <strong>of</strong> the United Nations High Commissionerfor Human Rights (A/AC.254/16, para. 17)). The provision <strong>of</strong> measures aimed at protectingtrafficked persons (and, where necessary, family members and friends) from intimidation,threats or reprisals was also suggested, including information regarding the status <strong>of</strong>proceedings against the trafficker and prohibition <strong>of</strong> public disclosure <strong>of</strong> trafficked persons’identities. The final suggestion was to include a provision granting access <strong>of</strong> traffickedpersons to embassies and non-governmental organizations (for a more detailedanalysis <strong>of</strong> the above-mentioned proposals, see <strong>document</strong> A/AC.254/CRP.13). At the samesession <strong>of</strong> the Ad Hoc Committee, the <strong>International</strong> <strong>La</strong>bour Organization submitted a note(A/AC.254/CRP.14) arguing in favour <strong>of</strong> further elaborating the draft article in order toinclude the obligation for States parties to provide information to trafficked persons ontheir specific rights, the procedures available for claiming compensation and the availability<strong>of</strong> special support services. The need for ensuring protection against reprisals to thosewho legitimately exposed violations <strong>of</strong> the protocol or national legislation was also emphasizedand it was suggested that reference might be made to special complaint procedures,simplification <strong>of</strong> legal administrative proceedings and the need <strong>of</strong> trafficked children forspecial assistance and protection. During the fourth session <strong>of</strong> the Ad Hoc Committee, theUnited Nations Children’s Fund submitted comments focusing on the effective protection<strong>of</strong> trafficked children in the light <strong>of</strong> the safeguards arising from the Convention on theRights <strong>of</strong> the Child (see A/AC.254/CRP.17).3. The <strong>version</strong> <strong>of</strong> <strong>this</strong> article contained in <strong>document</strong> A/AC.254/4/Add.3/Rev.2remained unchanged in the intermediate drafts <strong>of</strong> the protocol A/AC.254/4/Add.3/Revs.3and 4).4. At the informal consultations held during the fifth session <strong>of</strong> the Ad HocCommittee, Belgium, Poland and the United States submitted a reformulated <strong>version</strong> <strong>of</strong>the draft protocol (A/AC.254/5/Add.13). At the sixth session <strong>of</strong> the Ad Hoc Committee,it was agreed that the restructured <strong>version</strong> should be used as the basis for further discussion.In that <strong>version</strong>, an additional paragraph, paragraph 4, was inserted in article 4. Thisparagraph appeared in the previous <strong>version</strong>s <strong>of</strong> the draft protocol as article 7, paragraph 1.The revised text <strong>of</strong> article 4 <strong>of</strong> the draft protocol read as follows:

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