FROM BONDAGE TO FREEDOM (vi) 75 Ensure that its domestic legal system contains measures for providing compensation for damages suffered180 Status and Repatriation The status of the victim in the receiving State has always been a sensitive issue. It became clear during the negotiation process that States would not agree to the inclusion of some kind of right of trafficked persons to remain in the receiving country - even temporarily181. Destination countries were particularly concerned that the inclusion of such a right would encourage illegal migration and actually benefit traffickers182. At the same time, it was agreed that there might be a legitimate need for some victims to remain “for humanitarian purposes and to protect them from being victimized by traffickers”183. Therefore, as a compromise, the Protocol provided in non-obligatory terms a provision that requires each State Party to consider adopting legislative or other “appropriate measures” that permit victims of trafficking to remain in its territory. It further directs that while devising such measures, each State Party to give “appropriate consideration” to humanitarian and compassionate factors184. The related issue of repatriation dealt within a separate article was also very sensitive. The Ad-Hoc Committee did not prove receptive of the view of the UN High Commissioner for Human Rights that: “ safe and, as far as possible voluntary return must be at the core of any credible protection strategy for trafficked person”185. They also rejected the InterAgency proposal that identification of an individual, as a trafficked person be sufficient to ensure its immediate applicability186 . The Ad-Hoc Committee did agree that repatriation was a burden to be shared between 180 Ibid., Art. 6. 181 Anne Gallagher, The International Legal Response to Human Trafficking, paper presented for the Technical Consultative Meeting on anti-Trafficking Programmes in South Asia, Kathmandu, Nepal, September 2001. p16. 182 U.N. Doc A/AC.254/4/Add.3/Rev.7 at note 27. 183 Ibid. 184 Supra note 4,Art 7. 185 Ad-Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime, Note by the UN High Commissioner for Human Rights, the UNICEF, the UNHCR and the IOM on the draft protocols concerning migrant smuggling and trafficking in persons UN. Doc A/AC 254/27 at 8 186 Ibid., p 9.