Commission

edress in a clear and understandable format. Frontline workers should understand all possible avenues
for legal redress, in order to signpost trafficked persons to appropriate legal specialists.
3. Improve access to legal advice through the creation of networks of specialist lawyers
Access to legal advice should be improved; a network of legal advisers who work with people who
have been trafficked for labour exploitation would facilitate the pooling of resources such as sharing
case law and best practice in order to strengthen remedies and widen legal expertise. Training
should be provided to lawyers in rights-based approaches to legal assistance to trafficked persons,
to ensure more victims of trafficking receive high quality legal assistance and the full range of remedies.
MOVE ON OPTIONS (POST-NRM, INTEGRATION, RETURN, EM-
PLOYMENT)
The former United Nations Special Rapporteur on Trafficking in Persons noted that re-integrative
activities including follow-up and aftercare must be pursued to ensure the social and economic
recovery of the victim and to avoid the risk of re-trafficking and re-victimization. Where a victim remains
in the receiving country, rehabilitative efforts including educational, training and employment
opportunities should be made available (Special Rapporteur, 2009, 17).
Where trafficked persons return to their country of origin, the European Trafficking Convention
requires that return occur ‘with due regard to the rights, safety and dignity’ of the victim (2005,
Article 16 (2)). The Commentary to the Convention notes that the provision applies to the State
that is accepting the return of the victim as well as the returning State, and specifies that “rights”
includes, in particular, the right not to be subjected to inhuman or degrading treatment, the right to
the protection of private and family life and the protection of the victim’s identity (ibid., para 202).
GOOD PRACTICE
Reintegration assistance provided when trafficked persons wish to return
Five trafficked persons interviewed in the Netherlands spoke positively about the option of returning
to their country of origin. Voluntary assisted return is provided through IOM, voluntary and
forced return (not applied to victims) is provided through the Repatriation and Departure Service
(DT&V), an agency that operates on behalf of the Dutch Ministry of Security and Justice. The option
to return is discussed with the trafficked persons in shelter and outreach and new methodology
has recently been piloted on how to discuss and arrange safe return options (Kootstra and Petrova,
2014). No one interviewed appeared to have felt pressured to return.
In Romania it was felt that cooperation between service providers is very important with respect
to repatriation. Two social workers interviewed cited good examples of cooperating with NGOs
in destination countries, which helped with pre-departure preparations. This involved: telephone
and e-mail engagement with a case-worker; providing support and information to the victim by
telephone; obtaining data on the victim’s whereabouts and family in Romania; mediating the victim’s
relationship with their family; updating the victim with information on the steps undertaken in the
destination country; evaluation of the risks associated with voluntary assisted return; cooperation
with relevant institutions in Romania (the anti-trafficking coordinator; State social services, local
authorities); evaluation of the victim’s family; and assessment of legal status.
In Romania, IOM and NATIP provide repatriation assistance. With the victim’s consent, these agencies
provide victims safe transfer either to a shelter or their point of departure or hometown.
Assistance is also provided to trafficked persons to establish a plan of activities to be implemented
upon return in order to ensure that they fully recover. In addition, support to engage in police
investigations and court hearings is also provided including maintaining communication with the
victim and case representative and keeping the victim’s family updated during the intervention in the
destination country.
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