II. COMMON CHALLENGES IN ESTABLISHING ADEQUATE PROTECTION MECHAISMS FOR TRAFFICKED PERSONS WITH INTERNATIONAL PROTECTION NEEDS 1. In a recent study commissioned by UNHCR entitled “The Identification and Referral of Victims of Trafficking to Procedures for Determining International Protection Needs” 2), a number of challenges in State practice have been highlighted in relation to ensuring complementarity between international protection systems and systems for the protection of victims of trafficking. The following areas of concern have been identified in the majority of countries: Conceptual obstacles: - Protection v. enforcement：Most national anti‐trafficking legislations make the protection of trafficked persons dependent on cooperating with the authorities to prosecute traffickers. As a result, trafficked persons who decide not to testify against the traffickers (e.g. for fear of retaliation) are deprived of protection. - Repatriation v. international protection：Most national anti‐trafficking systems still consider repatriation the preferred long term solution for all trafficked persons, despite reliable evidence of the risk of re‐trafficking that they face. National trafficking protection systems and international protection systems are therefore, misguidedly, understood as alternatives rather than as complimentary procedures. - Trafficked persons v. illegal immigrants：In some countries, trafficked persons face immediate deportation once identified, because they are simply considered illegal immigrants with no international protection rights. - Lack of political consensus and insufficient resource allocation：Vulnerable migrants are often affected by the negative political climate currently surrounding undocumented migration; this complicates the task of building political consensus regarding their protection needs. Organizational obstacles: - Absence of an effective legal framework：A functional identification, referral and assessment system relies on the existence of a dual national legal framework setting out measures of identification and international protection. The lack of one system seriously hampers the protection of trafficked persons. 60 ❙ Seoul International Conference Against Human Trafficking in Migrant Women