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540 Travaux préparatoires: United Nations Convention against Transnational Organized Crimearticle. The representative also expressed concern that, by referring to the Vienna Conventionon Consular Relations (United Nations, Treaty Series, vol. 596, No. 8638), theparagraph would not apply to States parties to the protocol that had not ratified or accededto that Convention.B. Approved text adopted by the General Assembly(see resolution 55/25, annex III)Article 16Protection and assistance measures1. In implementing <strong>this</strong> Protocol, each State Party shall take, consistentwith its obligations under international law, all appropriate measures, includinglegislation if necessary, to preserve and protect the rights <strong>of</strong> persons who havebeen the object <strong>of</strong> conduct set forth in article 6 <strong>of</strong> <strong>this</strong> Protocol as accorded underapplicable international law, in particular the right to life and the right not to besubjected to torture or other cruel, inhuman or degrading treatment or punishment.2. Each State Party shall take appropriate measures to afford migrantsappropriate protection against violence that may be inflicted upon them, whetherby individuals or groups, by reason <strong>of</strong> being the object <strong>of</strong> conduct set forth inarticle 6 <strong>of</strong> <strong>this</strong> Protocol.3. Each State Party shall afford appropriate assistance to migrants whoselives or safety are endangered by reason <strong>of</strong> being the object <strong>of</strong> conduct set forthin article 6 <strong>of</strong> <strong>this</strong> Protocol.4. In applying the provisions <strong>of</strong> <strong>this</strong> article, States Parties shall take intoaccount the special needs <strong>of</strong> women and children.5. In the case <strong>of</strong> the detention <strong>of</strong> a person who has been the object <strong>of</strong>conduct set forth in article 6 <strong>of</strong> <strong>this</strong> Protocol, each State Party shall comply withits obligations under the Vienna Convention on Consular Relations, 7 where applicable,including that <strong>of</strong> informing the person concerned without delay about theprovisions concerning notification to and communication with consular <strong>of</strong>ficers.C. Interpretative notesThe interpretative notes on article 16 <strong>of</strong> the protocol approved by the AdHoc Committee and contained in its report on the work <strong>of</strong> its first to eleventhsessions (see A/55/383/Add.1, paras. 107-110) are as follows:Paragraph 1(a) In accordance with articles 3 and 4, the phrase “persons who havebeen the object <strong>of</strong> conduct set forth in article 6 <strong>of</strong> <strong>this</strong> Protocol” refers only tomigrants who have been smuggled as set forth in article 6. It is not intended torefer to migrants who do not fall within the ambit <strong>of</strong> article 6. This is clearly setforth in article 19 (Saving clause), which provides that nothing in the protocolshall affect the rights <strong>of</strong> individuals under international law, including humanitarianlaw and international human rights law.7United Nations, Treaty Series, vol. 596, Nos. 8638-8640.

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