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Part Three. Article 16 539Recommendations of the informal working group on article 7 quinquiens, submittedat the request of the Chairperson (A/AC.254/L.261)The informal working group proposed to continue work on article 7 quinquienson the basis of the following text: 6“Article 7 quinquiens“Protection and assistance measures“1. In implementing this Protocol, States Parties shall take, consistent withtheir obligations under international law, all appropriate measures, including legislationif necessary, to preserve and protect the rights of persons who have been theobject of conduct set forth in article 4 of this Protocol as accorded under applicableinternational law, in particular the right to life and the right not to be subjected totorture or other cruel, inhuman or degrading treatment or punishment.“2. States Parties shall take appropriate measures to afford migrants appropriateprotection against violence that may be inflicted upon them, whether by individualsor groups, by reason of being the object of conduct set forth in article 4 of thisProtocol.“3. States Parties shall afford appropriate assistance to migrants whose life orsafety are endangered by reason of being the object of conduct set forth in article 4of this Protocol.“4. In applying the provisions of this article, States Parties shall take intoaccount the special needs of women and children.“5. In the case of the detention of a person who has been the object of conductset forth in article 4 of this Protocol, States Parties shall comply with their obligationsunder the Vienna Convention on Consular Relations, where applicable,including informing the person concerned without delay about the provisions concerningnotification to and communication with consular officers.”Notes by the Secretariat3. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 7 quinquiens, as amended. The last amendments are reflected in the final text ofthe protocol, as included in the report of the Ad Hoc Committee (A/55/383, sect. IV, draftresolution, annex III), that was submitted to the General Assembly for adoption pursuantto resolution 54/126 of 17 December 1999.4. It should be noted that the representative of Bangladesh requested that the reportof the Ad Hoc Committee on its eleventh session should reflect his country’s position onarticle 16, paragraph 5. In the view of the representative, that paragraph was overly restrictive.The obligation to inform smuggled migrants about rights of consular access shouldhave been expanded to create a further right to be informed of other rights set forth in this6The text of article 7 quinquiens was produced by an informal working group chaired by the Holy See on the basisof the original text proposed by Mexico and Morocco and a joint proposal by Austria and Italy and proposals by Colombiaand the Philippines. It was discussed by the Ad Hoc Committee and agreed to ad referendum, pending the drafting of thetravaux préparatoires and the translation of the text into the five other official languages of the United Nations for finalconsideration by the Ad Hoc Committee.