FROM BONDAGE TO FREEDOM 87 elements separating trafficking from migrant smuggling are difficult to establish and invariably puts the burden of proof squarely on the individual seeking protection. It is increasingly common for an individual to begin his or her journey as a smuggled migrant only to be forced, at journeys end, into an exploitative situation of trafficking. The failure on the part of both Protocols to identify this operational link undermines their practical applicability. Conclusion On the complete perusal of the two Protocols along with the Convention on Transnational Organized Crime, it comes to fore that these instruments are more in the nature of transnational cooperative treaties with a crime control focus. However, both the Protocols contain ample number of provisions, which worded in non-obligatory terms, nevertheless, impose moral obligations on the member States to respect and protect international human rights law. Without granting new rights, the Protocols’ ensure existing rights to the victims. Moreover, the Protocols’ have to be seen in the background of the negotiations and deliberations, which took place in their preparation. In the background of strong resistance towards migrants, inclination towards strong border control, the two Protocols’ represent a significant step forward - a step in the evolution of international human rights law on the above issues. On the positive side, it can be seen that in the development of agreed definitions of trafficking and migrant smuggling by incorporating a common understanding of trafficking and migrant smuggling into national legislation’s, State Parties will be able to cooperate and collaborate more effectively than ever before. Common definitions will assist in much needed development of indicators and uniform data collection procedures. To conclude, the Trafficking Protocol and Smuggled Migrant Protocol provide a right international legal regime to counter both trafficking and migrant smuggling. Both emphasize the point that human rights cannot be taken as a separate consideration. Its is inherent in the very scheme of the two Protocols and needs to be strengthened in future.