FROM BONDAGE TO FREEDOM 31 any act or omission that violates rights. The obligation to protect and respect rights requires the State to take active measures aimed at preventing violations whether committed by agents of the State or by non-State actors.66 Finally, the obligation to protect rights requires the State to implement affirmative measures to enable all persons to realize their rights. In this regard the concept of ‘due diligence’ is sometimes mentioned as the standard by which State responsibility for violation of human rights by non-State actors is assessed. States that have signed human rights treaties are responsible to act with due diligence or good faith to prevent investigate and punish any violation of rights recognized by those treaties.67 They are also required to provide a mechanism to restore the rights violated and provide compensation as warranted by the damages resulting from the violation. Due diligence in the context of trafficking means State has a duty to provide protection to trafficked persons according to its obligation under international law. So the State must apply due diligence principle in ensuring effective prevention of trafficking, prompt and thorough investigation, and prosecution of traffickers and compensation for the trafficked persons. As regards the position of non-citizens with respect to State Responsibility, it is stated that traditional international law recognizes that certain duties (either equal treatment or an international minimum standard) are owed by a host State to aliens or non-nationals within its territory.68 A State would be held legally responsible for injury to aliens resulting from acts, which were contrary to international law.69 However, as the individual lacked formal legal status, it was to the State of origin that such rights accrued70 and the decision whether to extend diplomatic protection was one for that State to make. But with the development of international human rights law, greater protection to 66 Anne Gallagher, “The International Legal Response to Human Trafficking”, paper presented for the Technical Consultative Meeting on Anti-Trafficking Programs in South Asia, Kathmandu, Nepal, September 2001, p 4. 67 Integration of the Human Rights of Women and the Gender Perspective, Report of the Special Rapporteur on Violence Against Women, Its Causes and Consequences, Ms. Radhika Coomaraswamy, on Trafficking in Women, Women’s Migration and Violence against Women, submitted in accordance with Commission on Human Rights resolution 1997/44, E/CN. 4/ 2000/68, 29 February 2000. 68 Ryszard Cholewinski, Migrant Workers in International Human Rights Law, Oxford University Press, London, 1997, pp. 40-47. 69 Mavrommatis Palestine Concessions (Greece v. Great Britain), 1924 Permanent Court of International Justice. (series A) No. 2, 6 12 (August 30). 70 Supra note 5, p.45.

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