View/save PDF version of this document - La Strada International

378 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Add.3/Rev.3)“Article 5“[Status][Situation] 1 of the victim in the receiving State“1. In addition to measures provided pursuant to article 7 of this Protocol, eachState Party shall [consider] 2 enacting immigration laws 3 that permit victims of traffickingin persons to remain in its territory, temporarily or permanently, in appropriatecases. 4“2. Each State Party shall give appropriate consideration to humanitarian andcompassionate factors in determining the status of such a victim in its territory whenit is the receiving State Party.” 5Notes by the Secretariat1. At the fourth session of the Ad Hoc Committee, the Special Rapporteur on violenceagainst women, its causes and consequences submitted a position paper(A/AC.254/CRP.13), in which it was emphasized that the threat of deportation deterredmany trafficked persons from reporting to the authorities and that the provision of temporaryresidency status and work authorization, as well as the possibility of permanent residencystatus, would facilitate the successful prosecution and punishment of traffickers. Inview of those arguments, the following wording was proposed as subparagraph 1 (a):“(a) States Parties must prevent immediate expulsion of a trafficked person bystaying any deportation orders, and provide residency status and employment authorizationfor a period of six months initially, during which time the trafficked personmay decide whether or not to initiate or become a witness in any legal proceedingsbrought against the trafficker. If the trafficked person decides to pursue civil actionor serve as a witness in criminal proceedings, the trafficked person shall be providedwith residency status and employment authorization for the duration of the legal proceedings,including all appeals.”It was also proposed that the protocol should be consistent with article 3 of the Conventionagainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (General1At the fourth session of the Ad Hoc Committee, a decision was made to insert the word “situation” next to the word“status” and to put each of those words in square brackets.2At the fourth session of the Ad Hoc Committee, several delegations suggested more obligatory language, such as“shall consider” or “shall enact”.3At the fourth session of the Ad Hoc Committee, some delegations suggested replacing the words “immigration laws”with the words “legislation or other measures”.4At the fourth session of the Ad Hoc Committee, some delegations proposed to delete the words “in appropriate cases”,while others suggested inserting those words before the word “permanently”.5At the fourth session of the Ad Hoc Committee, France and the United Kingdom of Great Britain and NorthernIreland suggested merging the two paragraphs of this article as follows:“In addition to measures provided pursuant to article 7 of this Protocol, each State Party shall enact and adoptmeasures that permit victims of trafficking in persons after due consideration to humanitarian and compassionate factorsto remain in its territory, temporarily or, in appropriate cases, permanently.”At the same session, Morocco suggested new wording for paragraph 1 (see A/AC.254/5/Add.12), as follows:“1. In addition to measures provided for pursuant to article 7 of this Protocol, each State Party that has notdone so shall enact immigration laws and/or adopt legislative and administrative measures that permit identified victimsof trafficking in persons, after due consideration is given to humanitarian and compassionate factors, to remainin its territory temporarily or, in appropriate cases, permanently.”In addition, Colombia suggested new wording for paragraph 2 (see A/AC.254/5/Add.12 and Corr.1), as follows:“2. Each State Party shall give appropriate consideration to humanitarian and support factors in determining thestatus as a migrant of such a victim in its territory when it is the receiving State.”