assistance to trafficked persons. The organization and implementation of such
cooperation should be formalized in order to maximize its effectiveness.
4.
Identifying appropriate points of intervention to ensure that migrants and
potential migrants are warned about possible dangers and consequences of
trafficking and receive information that enables them to seek assistance if
required.
5.
Ensuring that trafficked persons are not prosecuted for violations of
immigration laws or for the activities they are involved in as a direct
consequence of their situation as trafficked persons.
6.
Ensuring that trafficked persons are not, in any circumstances, held in
immigration detention or other forms of custody.
7.
Ensuring that procedures and processes are in place for receipt and
consideration of asylum claims from both trafficked persons and smuggled
asylum seekers and that the principle of non-refoulement is respected and
upheld at all times.
Guideline 3: Research, analysis, evaluation and dissemination
Effective and realistic anti-trafficking strategies must be based on accurate and current
information, experience and analysis. It is essential that all parties involved in developing
and implementing these strategies have and maintain a clear understanding of the issues.
The media has an important role to play in increasing public understanding of the
trafficking phenomenon by providing accurate information in accordance with professional
ethical standards.
States and, where appropriate, intergovernmental and non-governmental organizations,
should consider:
1.
Adopting and consistently using the internationally agreed definition of
trafficking contained in the Palermo Protocol.23
2.
Standardizing the collection of statistical information on trafficking and
related movements (such as migrant smuggling) that may include a trafficking
element.
3.
Ensuring that data concerning individuals who are trafficked is
disaggregated on the basis of age, gender, ethnicity and other relevant
characteristics.
23
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children (Palermo Protocol), supplementing the United Nations
Convention against Transnational Organized Crime, defines trafficking in persons
as: “... the recruitment, transportation, transfer, harboring or receipt of persons, by
means of the threat or use of force or other forms of coercion, of abduction, of fraud,
of deception, of the abuse of power or of a position of vulnerability or of the giving
or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery or practices similar to slavery,
servitude or the removal of organs (article 3 (a)). The Protocol further states that the
recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall be considered “trafficking in persons” even if this does not involve
any of the means set forth above (article 3 (c)).
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