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Part Two. Article 8 385Notes by the Secretariat1. 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 suggested that article 6 should provide for financial and other support to non-governmentalorganizations providing repatriation and reintegration services to trafficked persons(see A/AC.254/CRP.13).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 thatsafe and, as far as possible, voluntary return must be at the core <strong>of</strong> any credible protectionstrategy for trafficked persons (see A/AC.254/16, para. 20; see also in the same contextthe note submitted during the eighth session <strong>of</strong> the Ad Hoc Committee by the Office<strong>of</strong> the United Nations High Commissioner for Human Rights, the Office <strong>of</strong> the UnitedNations High Commissioner for Refugees, the United Nations Children’s Fund and the<strong>International</strong> Organization for Migration (A/AC.254/27 and Corr.1, para. 8)).3. At the informal consultations held during the fifth session <strong>of</strong> the Ad HocCommittee, a restructured <strong>version</strong> <strong>of</strong> the draft protocol was submitted by Belgium, Polandand the United States (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>, former article 11, entitled “Verification <strong>of</strong> <strong>document</strong>s” was insertedas new paragraph 3 <strong>of</strong> the present article, where it seemed to fit better. In addition, as themajority <strong>of</strong> delegations had suggested, the title <strong>of</strong> the article was changed from “Return<strong>of</strong> victims <strong>of</strong> trafficking in persons” to “Repatriation <strong>of</strong> victims <strong>of</strong> trafficking in persons”.4. The <strong>version</strong> <strong>of</strong> article 6 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).Rolling text (A/AC.254/4/Add.3/Rev.5)Seventh session: 17-28 January 2000“Article 6“Repatriation <strong>of</strong> victims <strong>of</strong> trafficking in persons“1. Each State Party agrees to facilitate and accept, without delay, 11 the return<strong>of</strong> a victim <strong>of</strong> trafficking in persons who is a national <strong>of</strong> that State Party or who hadthe right <strong>of</strong> abode 12 in the territory <strong>of</strong> that State Party at the time <strong>of</strong> entry into thereceiving State. 13“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 avictim <strong>of</strong> such trafficking is a national <strong>of</strong> the requested State.11At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, some delegations suggestedadding the words “once all the legal proceedings are concluded” after the word “delay”. One delegation suggested replacingthe words “without delay” with the words “within a reasonable time”.12As indicated above, at the fourth session <strong>of</strong> the Ad Hoc Committee, some delegations stated that there was a needto 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”. At the informal consultations heldduring the seventh session <strong>of</strong> the Ad Hoc Committee, a similar discussion took place. Many delegations expressed the viewthat the right <strong>of</strong> abode should be based on the victim’s past right, which was easier to establish than the right any suchvictim might have on the date <strong>of</strong> return.13At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, one delegation suggestedadding the following sentence at the end <strong>of</strong> <strong>this</strong> paragraph: “States Parties agree to facilitate the passage <strong>of</strong> such personsthrough their territories.”

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