FROM BONDAGE TO FREEDOM 86 exploitation. The State Parties are required to see that migrants themselves are not to become liable to criminal prosecution, but this does not protect them for violation of national immigration laws225. State Parties are also requested to take all appropriate measures to preserve the internationally recognized rights of smuggled migrants, in particular, the right to life and right not to be subjected to torture or other cruel, inhumane or degrading treatment or punishment226. They are also required to protect migrants from violence227 and afford due assistance, as far as possible, to migrants whose life and safety has been endangered by reason of having being smuggled228. The special needs of women and children are to be taken into account in the application of the Protocol’s protection and assistance measures229. A saving clause similar to that of Trafficking Protocol is included which provides that nothing in the Protocol is to affect the rights, obligations, and responsibilities of States and individuals under international law, including international humanitarian law, human rights law, and refugee law230. G. Relationship between the Migrant Smuggling Protocol and the Trafficking Protocol. Despite the fact that migrant smuggling and trafficking in persons are inter-linked, the relation between the two has not been explored in either Protocol. No provision deals with the potential conflict that may arise between them. As trafficked persons are granted more protection than those provided to smuggled migrants, there is a need to have clear cut identification process to distinguish trafficked person from smuggled migrant. Failing which, the State Parties would be predisposed towards identifying even trafficked person as smuggled migrant for it imposes less cost and administrative burden on the States. The definition of migrant smuggling is sufficiently broad to apply to all irregular immigrants whose transport has been facilitated - trafficked persons and smuggled migrants alike. It is only the small number of trafficked persons who enter the destination country legally, who would not be considered prima facie, smuggled migrants231. The additional 226 Ibid., Art. 16(1). 227 Ibid., Art. 16(2). 228 Ibid., Art. 5. 229 Ibid., Art 16(4). 230 Ibid., Art. 19(1). 231 Supra note 11, p.1001