RECOMMENDATIONS OF ANNE GALLAGHER FROM HER BACKGROUND PAPER We set out below some more detailed recommendations suggested by Anne Gallagher in her background paper provided to the Council. The Council endorses these recommendations. They are set out using the headings we have used in our report. Implementation • National Institutions should use their position, resources and authority to provide governments with information which will enable them to make wise legislative and policy choices. They can also be influential in shaping and directing a government’s overall approach to the trafficking issue, in ensuring, for example, that trafficking is perceived and responded to as a human rights problem and not just as an issue of migration, of public order or of transnational organized crime. • Priority should be given to reviewing relevant domestic laws with a view to identifying gaps and weaknesses, in particular, with reference to international human rights principles and standards. • The APF could consider, as a body, taking up the suggestion of the High Commissioner for Human Rights and endorsing or adopting the Recommended Principles and Guidelines as a framework and reference point for its work and that of its member institutions in this area. • In addition to specific anti-trafficking legislation, attention should be paid to laws relating to immigration, emigration and prostitution. • Other possible areas of attention for review would include the issue of extraterritorial legislation (to facilitate the prosecution of traffickers); birth registration and citizenship requirements (immediate registration and citizenship at birth in order to ensure that victims, particularly children, may exercise their right to return to their home countries); and laws relating to marriage, inheritance and labor conditions. Enforcement • It should be remembered that not all measures designed to prevent trafficking are legal, fair or successful. Anti-trafficking interventions can sometimes result in violations of basic human rights including the right to freedom of movement and the prohibition of discrimination on the basis of race, nationality and sex. • National institutions should also monitor and warn against “knee-jerk” reactions from governments such as a denial of due process rights and draconian penalties for traffickers. A genuine rights-based approach demands that the human rights of all persons, including those suspected of trafficking, are respected and upheld. 88