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ensure the well‐being of the persons concerned. Protection measures provided to
victims of trafficking in practice are often restricted to short‐term assistance and
support offered within the criminal justice system to victims of crimes. This is not
sufficient for trafficking victims who fear persecution or other serious human rights
violations and cannot return home. Such persons need international protection as
provided for in the 1951 Convention, in international human rights law or
complementary forms of protection under national law. This entails most notably
protection against refoulement and in many instances granting of asylum or another
protection status.
UNHCR is involved in prevention through awareness‐raising activities to disseminate
information among refugee populations and other persons of concern to alert them to
the different modalities of human trafficking and the associated risks. UNHCR has also
incorporated human trafficking as a variable when assessing and monitoring the
situation of refugees and other persons of concern, with a view to early identification
of risks for the population of concern and incorporation of preventive measures for
particular vulnerable groups.
In relation to ensuring protection of victims of trafficking, the Office has been
involved in advocacy efforts to promote asylum‐sensitive anti‐trafficking legislation
and practice at the national level, including through participation in National Working
Groups on Trafficking. Such activities have included contributions to establishing
informal referral mechanisms between key actors to ensure the protection and
assistance of trafficking victims or individuals at risk of being trafficked where
required.
Similarly UNHCR undertakes training and capacity building and providing support to
national asylum authorities on refugee status determination, including through training
on the Guidelines on the “Application of Article 1A(2) of the 1951 Convention or
1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons
at Risk of Being Trafficked”.1)
Furthermore the Office regularly visits holding and detention centers and conducts
border-monitoring missions to evaluate the arrival of refugees within mixed migratory
flows, and help ensure identification of trafficking victims or individuals at risk of
being trafficked.
As to durable solutions, local integration of refugee victims of trafficking can be
particularly challenging because of the traumatizing experiences people have had.
Certain trafficking victims continue to be under threat in their first country of asylum.
UNHCR has worked to find a resettlement solution in such situations to ensure that
victims and their families obtain effective protection.
HUMAN TRAFFICKING AND REFUGEE PROTECTION: UNHCR’S PERSPECTIVE ❙ 59