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Part Two. Article 7 379Assembly resolution 39/49, annex), which prohibited expelling, returning or extraditing aperson to another State where there were substantial grounds for believing that that personwould be in danger <strong>of</strong> being subjected to torture. Relevant wording was therefore suggested.It was finally argued that the protocol should reaffirm and grant the traffickedpersons the rights and privileges to which stateless persons were entitled under internationalhuman rights law.2. At the fourth session <strong>of</strong> the Ad Hoc Committee, the United Nations HighCommissioner for Human Rights submitted an informal note in which it was argued thatthe identification <strong>of</strong> an individual as a trafficked person should be sufficient to ensure thatimmediate expulsion that went against the will <strong>of</strong> the victim did not occur and that theexpanded protection and assistance provisions <strong>of</strong> the protocol became immediately applicable.The High Commissioner urged Member States to consider a provision whereby traffickedpersons were provided with the option <strong>of</strong> at least temporary residence. In additionto providing a measure <strong>of</strong> safety, such a provision would encourage victims <strong>of</strong> traffickingto cooperate with the authorities and thereby contribute to achieving the law enforcementobjectives <strong>of</strong> the protocol (see A/AC.254/16, para. 21).3. The <strong>version</strong> <strong>of</strong> article 5 contained in <strong>document</strong> A/AC.254/4/Add.3/Rev.3 remainedunchanged in the intermediate draft <strong>of</strong> the protocol (A/AC.254/4/Add.3/Rev.4).Seventh session: 17-28 January 2000Rolling text (A/AC.254/4/Add.3/Rev.5)“Article 5“[Status] [Situation] <strong>of</strong> the victim in the receiving State“1. In addition to measures provided pursuant to article 4 <strong>of</strong> <strong>this</strong> Protocol,States Parties shall [consider] enacting immigration laws that permit victims <strong>of</strong>trafficking in persons to remain in their territories, temporarily or permanently, inappropriate cases.“2. States Parties shall give appropriate consideration to humanitarian and compassionatefactors in determining the status <strong>of</strong> victims in their territories when theyare the receiving State Party.”Rolling text (A/AC.254/4/Add.3/Rev.6)“Article 5“Status 6 <strong>of</strong> the victim in the receiving State“1. In addition to measures provided pursuant to article 4 <strong>of</strong> <strong>this</strong> Protocol,States Parties shall [consider] 7 adopting legislative or other appropriate measures that6At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, a majority <strong>of</strong> delegationsexpressed a preference for using the word “status” rather than the word “situation” in the title <strong>of</strong> <strong>this</strong> article.7As indicated above, at the fourth session <strong>of</strong> the Ad Hoc Committee, several delegations suggested more obligatorylanguage such as “shall consider” or “shall enact”. At the informal consultations held during the seventh session <strong>of</strong> the AdHoc Committee, there was no agreement on whether <strong>this</strong> paragraph should be obligatory or not.

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