Trafficking in human beings: human rights and ... - unesdoc - Unesco

It has already been stated elsewhere that the link between human rights protection and
effective prosecution of traffi ckers is perhaps at it most evident in this context.
IDENTIFICATION
The Protocol is silent as to how victims of traffi cking are to be identifi ed 333 and if you
have no means to identify the victim, protection poses very practical problems. The
Council of Europe Convention Against Traffi cking in its Article 10 334 is devoted to the
identifi cation process and call upon countries not to remove victims of traffi cking from
333 UNODC proposes a standard checklist (obviously cases are not all alike – quite the contrary – so
the list can be seen as a guideline and tool not a foolproof instrument). 1. Demographics (sex,
current age, age at departure, education, occupation, nationality). 2. Does the victim possess false
documents? 3. Does the victim allege kidnapping or admit travelling voluntarily? 4. Did the victim
approach the offender or vice versa? 5. Was payment made to the victim or the victim’s family? 6. Was
payment made prior to departure or has debt or debt bondage occurred? 7. Did the victim make any
payment to the offender? 8. Does the victim allege deception or violence on recruitment? 9. Does the
victim allege exploitation or violence at the place of reception? 10. Was the victim involved in illegal
activities at the place of reception? 11. Were other victims involved in the same recruitment, transport
and exploitation? Offender 1. Demographics (sex, age, nationality/ethnic background, profession,
education). 2. Is the offender integrated in the community of recruitment? 3. Does the offender have
a criminal background? 4. Is the offender suspected of or have convictions for traffi cking? 5. Is there
evidence of involvement in a criminal organization? 6. Is there evidence of contact or involvement
with corrupt offi cials? 7. Were false documents provided to the victim? 8. Was a recognized traffi cking
transit route used? 9. Were non-standard transport modes used? 10. Were safe houses used? 11. Were
documents withheld from the victim? Other 1. How was contact made? 2. Through whom was
recruitment made? 3. If deception is alleged, what was the nature of the deception? 4. If violence is
alleged, was the violence actual or threatened? 5. Was the violence against the victim or the victim’s
family? 6. If false documents were used, what documents were falsifi ed? 7. How long was the victim
abroad? 8. Were other suspects involved in recruitment, transport, transit or reception?
334 Each Party shall provide its competent authorities with persons who are trained and qualifi ed in
preventing and combatting traffi cking in human beings, in identifying and helping victims, including
children, and shall ensure that the different authorities collaborate with each other as well as with
relevant support organisations, so that victims can be identifi ed in a procedure duly taking into account
the special situation of women and child victims and, in appropriate cases, issued with residence
permits under the conditions provided for in Article 14 of the present Convention. 2. Each Party
shall adopt such legislative or other measures as may be necessary to identify victims as appropriate in
collaboration with other Parties and relevant support organisations. Each Party shall ensure that, if the
competent authorities have reasonable grounds to believe that a person has been victim of traffi cking
in human beings, that person shall not be removed from its territory until the identifi cation process
as victim of an offence provided for in Article 18 of this Convention has been completed by the
competent authorities and shall likewise ensure that that person receives the assistance provided for
in Article 12, paragraphs 1 and 2. 3. When the age of the victim is uncertain and there are reasons
to believe that the victim is a child, he or she shall be presumed to be a child and shall be accorded
special protection measures pending verifi cation of his/her age. 4. As soon as an unaccompanied child
is identifi ed as a victim, each Party shall: a) Provide for representation of the child by a legal guardian,
organisation or authority which shall act in the best interests of that child; b) Take the necessary steps
to establish his/her identity and nationality; c) Make every effort to locate his/her family when this is
in the best interests of the child.
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