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384 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“2. At the request <strong>of</strong> a State Party that is the receiving State, each State Partyshall, without undue or unreasonable delay, verify whether a person who is a victim<strong>of</strong> such trafficking is a national <strong>of</strong> the requested State.“3. In order to facilitate the return <strong>of</strong> victims <strong>of</strong> such trafficking who are withoutproper <strong>document</strong>ation, the State Party <strong>of</strong> which such a victim is a national or inwhich he or she had the right <strong>of</strong> abode at the time <strong>of</strong> entry into the receiving Stateshall agree to issue, at the request <strong>of</strong> the receiving State, such travel <strong>document</strong>s orother authorization as may be necessary to enable the person to re-enter its territory.”Rolling text (A/AC.254/4/Add.3/Rev.3)“Article 6“Return 2 <strong>of</strong> victims 3 <strong>of</strong> trafficking in persons“1. Each State Party agrees to facilitate and accept, without delay, 4 the return<strong>of</strong> a victim <strong>of</strong> trafficking in persons 5 who is a national <strong>of</strong> that State Party or whohad the right <strong>of</strong> abode 6 in the territory <strong>of</strong> that State Party at the time <strong>of</strong> entry intothe receiving State. 7, 8“2. At the request <strong>of</strong> a State Party that is the receiving State, each State Partyshall, without [undue or unreasonable] 9 delay, verify whether a person who is a victim<strong>of</strong> such trafficking is a national <strong>of</strong> the requested State.“3. In order to facilitate the return <strong>of</strong> victims <strong>of</strong> such trafficking who are withoutproper <strong>document</strong>ation, the State Party <strong>of</strong> which such a victim is a national or inwhich he or she had the right <strong>of</strong> abode at the time <strong>of</strong> entry into the receiving State shallagree to issue, at the request <strong>of</strong> the receiving State, such travel <strong>document</strong>s or otherauthorization as may be necessary to enable the person to re-enter its territory.” 102At the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations suggested replacing the word “return” with theword “repatriation”.3At the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations suggested that the word “victims” should bereplaced with the words “trafficked persons”.4At the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations suggested deleting the words “without delay”.5At the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations raised concern about who should bear the costassociated with the repatriation <strong>of</strong> victims.6At the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations stated that there was a need to clarify the term“right <strong>of</strong> abode”. For example, it was not clear whether it included right to transit or temporary residence. In that context,Mexico suggested replacing the word “had” with the word “has”.7At the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations expressed the view that repatriation <strong>of</strong> victimsshould be based on consent. Consensus was not reached regarding repatriation <strong>of</strong> victims in the absence <strong>of</strong> such consent.In that context, bilateral and multilateral agreements should be encouraged. Some delegations also stated that special considerationshould be given to repatriation <strong>of</strong> children.8At the fourth session <strong>of</strong> the Ad Hoc Committee, Mexico proposed (see A/AC.254/5/Add.12 and Corr.1) new paragraphs1 bis and 1 ter, based on article 19, paragraph 2, <strong>of</strong> the Convention for the Suppression <strong>of</strong> the Traffic in Persons and<strong>of</strong> the Exploitation <strong>of</strong> the Prostitution <strong>of</strong> Others (United Nations, Treaty Series, vol. 96, No. 1342), which were as follows:“1 bis. Each State Party shall agree to facilitate the repatriation <strong>of</strong> victims <strong>of</strong> such trafficking who desire to berepatriated or who may be claimed by persons exercising authority over them or whose repatriation is ordered in conformitywith the domestic law <strong>of</strong> each State.“1 ter. Repatriation shall take place only after agreement is reached with the State <strong>of</strong> destination as to the identityand nationality <strong>of</strong> the persons concerned, as well as to the place and date <strong>of</strong> arrival at frontiers. Each Party to<strong>this</strong> Protocol shall facilitate the passage <strong>of</strong> such persons through its territory.”9At the fourth session <strong>of</strong> the Ad Hoc Committee, it was agreed that the words “undue or unreasonable” should beplaced in brackets.10At the fourth session <strong>of</strong> the Ad Hoc Committee, China suggested adding the following new paragraph after paragraph3 <strong>of</strong> <strong>this</strong> article: “3 bis. The receiving State <strong>of</strong> victims <strong>of</strong> trafficking shall provide necessary facilities for the return<strong>of</strong> victims.”

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