View/save PDF version of this document - La Strada International

Part Two. Article 8 387“2. When a State Party returns a victim of trafficking in persons to a StateParty of which that person is a national or had, at the time of entry into the receivingState, the right of permanent residence, such return shall be with due regard forthe safety of that person, as well as the status of any legal proceedings related to thefact that the person is a victim of trafficking [and, as far as possible, voluntary]. 19“3. The provisions of this article shall be without prejudice to any right affordedto the victim by any domestic law of the receiving State. 20“4. At the request of a State Party that is the receiving State, each State Partyshall, without undue or unreasonable delay, verify whether a person who is a victimof such trafficking is a national of the requested State Party or had the right of permanentresidence in the requested State Party at the time of entry into the receivingState Party. 21[Former paragraph 3 was moved to article 9 bis]“5. In order to facilitate the return of victims of such trafficking who are withoutproper documentation, the State Party of which such a victim is a national or inwhich he or she had the right of permanent residence at the time of entry into thereceiving State Party shall agree to issue, at the request of the receiving State Party,such travel documents or other authorization as may be necessary to enable the personto re-enter its territory.”Notes by the Secretariat6. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 6, as amended with the inclusion of an additional paragraph based on a proposalsubmitted by France (A/AC.254/L.252) and rearrangement of the paragraphs. The lastamendments are reflected in the final text of the protocol, as included in the report of theAd Hoc Committee (A/55/383, sect. IV, draft resolution, annex II), that was submitted tothe General Assembly for adoption pursuant to resolution 54/126 of 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex II)Article 8Repatriation of victims of trafficking in persons1. The State Party of which a victim of trafficking in persons is a nationalor in which the person had the right of permanent residence at the time of entryinto the territory of the receiving State Party shall facilitate and accept, with dueregard for the safety of that person, the return of that person without undue orunreasonable delay.19At the ninth session of the Ad Hoc Committee, a majority of delegations expressed the view that the words “as faras possible, voluntary” should be deleted, but several wanted to retain them.20At the ninth session of the Ad Hoc Committee, paragraphs 1, 2 and 3 were agreed to based on the Chairperson’sproposal (see A/AC.254/L.206), as amended.21At the ninth session of the Ad Hoc Committee, there was general agreement to retain the words “undue or unreasonable”without square brackets. The words “or had the right of permanent residence in the requested State Party at thetime of entry” were added and the text was agreed to.