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380 Travaux préparatoires: United Nations Convention against Transnational Organized Crimepermit victims of trafficking in persons 8 to remain in their territories, temporarily orpermanently, in appropriate cases. 9“2. In implementing the provision contained in paragraph 1 of this article, 10States Parties shall give appropriate consideration to humanitarian and compassionatefactors.” 11, 12 Ninth session: 5-16 June 2000Rolling text (A/AC.254/4/Add.3/Rev.7)“Article 5“Status of the victim in the receiving State“1. In addition to measures provided pursuant to article 4 of this Protocol,States Parties shall consider adopting legislative or other appropriate measures thatpermit victims of trafficking in persons to remain in their territories, temporarily orpermanently, in appropriate cases. 13“2. In implementing the provision contained in paragraph 1 of this article,States Parties shall give appropriate consideration to humanitarian and compassionatefactors.” 14Notes by the Secretariat4. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 5, as amended. The last amendments are reflected in the final text of the protocol,8At the informal consultations held during the seventh session of the Ad Hoc Committee, some delegations suggestedinserting the words “to apply” after the word “person” in order to show that the right to remain in their territory wasnot automatically conferred on trafficked persons. A majority of delegations opposed that proposal, stating that a procedureindicating a necessary step for such persons to apply to remain in the territory was encompassed by the words “other appropriatemeasures” in the second line of the paragraph. The delegations acknowledged that it was not the intention of the paragraphto confer the right to remain, but that the decision whether or not to grant temporary or permanent residence wasalways at the discretion of the State party.9As indicated above, at 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”. At the informal consultationsheld during the seventh session of the Ad Hoc Committee, one delegation suggested placing those words after theword “persons”.10At the informal consultations held during the seventh session of the Ad Hoc Committee, there was general agreementthat this phrase should be added at the beginning of this paragraph in order to establish a link with paragraph 1.11At the informal consultations held during the seventh session of the Ad Hoc Committee, Canada, supported by manydelegations, expressed the view that the words “compassionate factors” meant personal circumstances such as family situation,age, common-law relationship and other factors that should be considered on an individual and case-by-case basis.“Humanitarian factors”, on the other hand, were the rights established in the human rights instruments and were applicableto all persons.12At the informal consultations held during the seventh session of the Ad Hoc Committee, there was general agreementon deleting the words “in determining the status of victims in their territories when they are the receiving State Party”,which had appeared at the end of this paragraph in the previous text (A/AC.254/4/Add.3/Rev.5).13At its ninth session, the Ad Hoc Committee agreed on the text of this paragraph, retaining the word “consider” withoutsquare brackets, provided that some concerns were noted. Most delegations were concerned that the protocol might inadvertentlybecome a means of illicit migration if States parties were obliged to adopt legislation permitting victims to remainin the countries to which they were trafficked. There was general agreement, however, that there was a legitimate need forvictims to remain in some cases for humanitarian purposes and to protect them from being victimized again by traffickersand that countries should take this into consideration. Several delegations voiced particular concern about the immediaterepatriation of victims of trafficking.14As indicated above, at the informal consultations held during the seventh session of the Ad Hoc Committee, Canada,supported by many delegations, expressed the view that the words “compassionate factors” meant personal circumstancessuch as family situation, age, common-law marital relationship and other factors that should be considered on an individualand case-by-case basis. “Humanitarian factors”, on the other hand, were the rights established in the human rights instrumentsand were applicable to all persons. At the ninth session of the Ad Hoc Committee, this paragraph was agreed to.