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Part Two. Article 11 407Notes by the Secretariat3. At the eighth session <strong>of</strong> the Ad Hoc Committee, the Office <strong>of</strong> the United NationsHigh Commissioner for Human Rights, the Office <strong>of</strong> the United Nations HighCommissioner for Refugees, the United Nations Children’s Fund and the <strong>International</strong>Organization for Migration submitted a note in which it was argued that emphasis shouldbe placed on measures to assist border authorities in identifying and protecting victims, aswell as intercepting traffickers. Particular reference was also made to the need to ensurethat those measures did not impinge upon the human rights <strong>of</strong> individuals as set out in themajor international instruments, including the <strong>International</strong> Covenant on Civil and PoliticalRights, 38 the Convention relating to the Status <strong>of</strong> Refugees <strong>of</strong> 1951 39 and the Conventionon the Rights <strong>of</strong> the Child 40 (see A/AC.254/27 and Corr.1, paras. 10 and 11).Ninth session: 5-16 June 2000European Community (on behalf <strong>of</strong> Austria, Belgium, Finland, France, Germany,Greece, Italy, Luxembourg, the Netherlands, Portugal, Spain and Sweden)(A/AC.254/L.197 and A/AC.254/5/Add.28)It was proposed that article 8 should be revised to read as follows to ensuregreater consistency with the text <strong>of</strong> articles 9 and 11 <strong>of</strong> the revised draft migrantsprotocol:“Article 8“Border measures“1. Without prejudice to international commitments for the free movement <strong>of</strong>people, States Parties shall strengthen, to the extent possible, border controls as maybe necessary to detect and prevent trafficking in persons, including by checking travelor identity <strong>document</strong>s and, where appropriate, by boarding and inspecting vehiclesand vessels.“2. Without prejudice to article 19 <strong>of</strong> the Convention, States Parties shall considerintensifying cooperation with border control agencies <strong>of</strong> other States, in particularby establishing and maintaining direct channels <strong>of</strong> communication.“3. States Parties shall take legislative or other appropriate measures to ensurethat means <strong>of</strong> transport operated by commercial carriers are not used in the commission<strong>of</strong> <strong>of</strong>fences established under article 3 <strong>of</strong> <strong>this</strong> Protocol.“4. Such measures shall include, where appropriate, the establishment, withoutprejudice to applicable international conventions, <strong>of</strong> the obligation that commercialcarriers, including any transportation company or the owner or operator <strong>of</strong> anyvessel or vehicle, ascertain that all passengers travelling by land, sea or air are inpossession <strong>of</strong> the travel <strong>document</strong>s required for legal entry into the receiving State.38United Nations, Treaty Series, vol. 999, No. 14668.39Ibid., vol. 189, No. 2545.40Ibid., vol. 1577, No. 27531.

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