- Lack of competence of referral agency:Except for one country covered in the study,
where the international protection needs of trafficked persons are routinely addressed,
referrals to international protection procedures are ad hoc at best. The lack of
adequate knowledge about the different protection systems, on the part of legal
advisers working within the national anti‐trafficking system, has a seriously
detrimental impact on the referral mechanism and therefore on the access to
international protection for all trafficked persons.
- Separately operating anti‐trafficking and IP systems:Most national counter trafficking
systems are headed by a lead agency which coordinates among the different
government, IO and NGO partners. Yet, offices in charge of asylum procedures are
rarely connected to those coordination bodies.
- Incomplete data collection:No country under review forwards data on trafficking to
a central entity. Moreover, information‐gathering on the number of identified
trafficked persons, the number of persons referred to international protection and the
reasons for ultimately granting or denying international protection is unsystematic.
- Deficient training:While training workshops are organized continuously among the
partners linked in the national anti‐trafficking framework, those trainings omit
trafficked persons’ potential need for international protection and thus the importance
of legal aid and systematic referral measures.
III. CONCRETE RECOMMENDATIONS TO STATES TO
STRENGTHEN THE PROTECTION AND ASSISTANCE OF
TRAFFICKING VICTIMS
1. UNHCR reiterates the importance of ensuring that international protection needs are
fully assessed, in accordance with the 1951 Convention, for persons identified as
victims of trafficking.
2. The following recommendations to States reflect some of the findings of the above
mentioned study, as well as findings derived from UNHCR’s work to ensure
international protection for victims of trafficking at national level. Based on UNHCR’s
refugee protection mandate, they aim to help countries consider and develop ways to
strengthen the protection of and assistance to trafficking victims and support prevention
efforts in countries of origin and transit:
- Legal and institutional frameworks for combating human trafficking and to protect
and assist victims of this crime should be strengthened. This includes high level
HUMAN TRAFFICKING AND REFUGEE PROTECTION: UNHCR’S PERSPECTIVE ❙ 61