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386 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“3. States Parties shall, at the request <strong>of</strong> another State Party and subject to thedomestic laws <strong>of</strong> the requested State Party, verify within a reasonable time the legitimacyand validity <strong>of</strong> travel or identity <strong>document</strong>s issued or purported to have beenissued in the name <strong>of</strong> the requested State Party and suspected <strong>of</strong> being used fortrafficking in persons. 14“4. 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 other15, 16authorization as may be necessary to enable the person to re-enter its territory.”Ninth session: 5-16 June 2000Notes by the Secretariat5. Delegations based their comments on the text <strong>of</strong> article 6 <strong>of</strong> the reviseddraft protocol contained in <strong>document</strong> A/AC.254/4/Add.3/Rev.6, which was the sameas that contained in <strong>document</strong> A/AC.254/4/Add.3/Rev.5.Rolling text (A/AC.254/4/Add.3/Rev.7)“Article 6“Repatriation <strong>of</strong> victims <strong>of</strong> trafficking in persons“1. The State <strong>of</strong> which a victim <strong>of</strong> trafficking in persons is a national or inwhich the person had 17 the right <strong>of</strong> permanent residence 18 at the time <strong>of</strong> entry intothe receiving State Party shall facilitate and accept, with due regard for the safety <strong>of</strong>that person, the return <strong>of</strong> that person without undue or unreasonable delay.14At its sixth session, the Ad Hoc Committee decided to use the text <strong>of</strong> article 13 <strong>of</strong> the draft migrants protocol asamended during that session (see A/AC.254/L.128/Add.2) as the basis for further discussion. Originally, <strong>this</strong> paragraphappeared, as already indicated, as article 11 <strong>of</strong> the previous text (A/AC.254/4/Add.3/Rev.4) and was inserted as article 6,paragraph 3, in the present restructured text. Several delegations expressed the view that the paragraph should be moved toarticle 9, on international travel <strong>document</strong>s. At the informal consultations held during the seventh session <strong>of</strong> the Ad HocCommittee, more delegations were in favour <strong>of</strong> retaining the paragraph in <strong>this</strong> article.15At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, one delegation suggestedthat receiving States should verify the nationality claimed by victims before proceeding with the repatriation <strong>of</strong> such victims.16As indicated above, at the fourth session <strong>of</strong> the Ad Hoc Committee, China suggested adding the following new paragraphafter paragraph 4 <strong>of</strong> <strong>this</strong> article: “5. The receiving State <strong>of</strong> victims <strong>of</strong> trafficking shall provide necessary facilities forthe return <strong>of</strong> victims.” At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, several delegationsopposed the proposal, stating that the allocation <strong>of</strong> costs was best left to the States parties involved. One delegationsuggested adding, as an alternative, the following sentence: “States Parties shall conclude agreements determining the means<strong>of</strong> implementing <strong>this</strong> article.”17Following discussion at the ninth session <strong>of</strong> the Ad Hoc Committee, it was agreed to use the past tense (“had”) inparagraphs 1 and 2 <strong>of</strong> <strong>this</strong> article. Several delegations pointed out that if repatriation depended on rights <strong>of</strong> residence orabode at the time <strong>of</strong> repatriation, it would be open to receiving States to block repatriation by revoking the residencystatus or citizenship <strong>of</strong> trafficking victims.18As indicated above, the meaning <strong>of</strong> the words “right <strong>of</strong> abode” was discussed at several sessions <strong>of</strong> the Ad HocCommittee. In response to concerns, one delegation clarified that <strong>this</strong> included rights <strong>of</strong> ongoing or permanent residence, butdid not include fixed-term or temporary status, such as that <strong>of</strong>ten granted to students, temporary workers or visitors. It wasagreed that language equivalent to “permanent residence” or “permanent abode” was needed for equal clarity in all languages.It was also decided to make the same change wherever references to rights <strong>of</strong> residence or abode appeared in the text. Germanyexpressed concern that <strong>this</strong> was overly restrictive and noted that it did, in some cases, repatriate people to countries in whichthey might have had or had had only temporary residence. In that regard, it reserved the right to seek the cooperation <strong>of</strong> otherStates for such repatriations and to interpret the wording <strong>of</strong> <strong>this</strong> provision as not restricting its right to do so.

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