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

Interaction with the TOC in witness and victim protection
The requirements of Article 6 of the Traffi cking in Persons Protocol supplement the
provisions of the Organized Crime Convention concerning the provision of assistance and
protection to victims. Article 24 of the Convention refers to the dangers represented by
“retaliation or intimidation” for those who cooperate with authorities, whereas Protocol
Article 9, subparagraph (1)(b), also refers to protection from the risk of “revictimization.”
The fears of victims are often fully justifi ed by the very real prospect of retaliation if
they assist the competent authorities. It is therefore essential that programmes to protect
victims both during and after they have cooperated are implemented and adequately
resourced. Such protection measures may include: (a) Physical protection, such as
relocation and permitting limitations on the disclosure of information concerning
identity and whereabouts; (b) Providing evidentiary rules to permit witness testimony
to be given in a manner that ensures the safety of the witness. Under the Convention
and the Traffi cking in Persons Protocol, the basic obligation to protect victims applies
to any State Party in which the victims are found, including origin, transit, destination
and repatriation States. Contacts with State authorities are usually very problematic for
the victims, especially when traffi ckers have used fear of such authorities to intimidate
victims. In such cases, non-governmental organizations may play an important role as an
intermediary. 206
Protocol, evidence of deception, force, coercion etc. should not form part of the defi nition of
traffi cking where the person involved is a child. 2. Ensuring that procedures are in place for the rapid
identifi cation of child victims of traffi cking. 3. Ensuring that children who are victims of traffi cking
are not subjected to criminal procedures or sanctions for offences related to their situation as traffi cked
persons. 4. In cases where children are not accompanied by relatives or guardians, taking steps to
identify and locate family members. Following a risk assessment and consultation with the child,
measures should be taken to facilitate the reunion of traffi cked children with their families where
this is deemed to be in their best interest. 5. In situations where the safe return of the child to his or
her family is not possible, or where such return would not be in the child’s best interests, establishing
adequate care arrangements that respect the rights and dignity of the traffi cked child. 6. In both the
situations referred to in the two paragraphs above, ensuring that a child who is capable of forming his
or her own views enjoys the right to express those views freely in all matters affecting him or her, in
particular concerning decisions about his or her possible return to the family, the views of the child
being given due weight in accordance with his or her age and maturity. 7. Adopting specialized policies
and programmes to protect and support children who have been victims of traffi cking. Children
should be provided with appropriate physical, psychosocial, legal, educational, housing and healthcare
assistance. 8. Adopting measures necessary to protect the rights and interests of traffi cked children
at all stages of criminal proceedings against alleged offenders and during procedures for obtaining
compensation. 9. Protecting, as appropriate, the privacy and identity of child victims and taking
measures to avoid the dissemination of information that could lead to their identifi cation. 10. Taking
measures to ensure adequate and appropriate training, in particular legal and psychological training,
for persons working with child victims of traffi cking.
206 UNODC: Toolkit to Combat Traffi cking in Persons. 2006. p. 140.
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