FROM BONDAGE TO FREEDOM 81 to include what have recently been defined as worst forms of child labour has not been taken up in the Protocol.205 Furthermore, the definition of trafficking as given in the Protocol fails to distinguish clearly between a trafficked person and a smuggled migrant thereby leading many trafficked persons to be treated as smuggled migrants and being denied special protection and assistance as laid down in the Protocol. Protection of Trafficked Persons The protection provisions in Part II of the Protocol are worded in optional tone. They are restrictive and not in accordance with international human rights law, which clearly provides that, victims of human rights violation such as trafficking should be provided with access to adequate and appropriate remedies. At a minimum, States Parties should be obliged to provide information to trafficking victims on the possibility of obtaining remedies, including compensation for trafficking and other criminal acts to which they have been subjected. The Protocol also, fails to protect the trafficked person from prosecution for status-related offences such as illegal migration, working without proper documentation and prostitution. An earlier draft provision on the seizure, confiscation and disposal of gains from trafficking was deleted following agreements that the relevant article of the Convention would apply mutatis mutandis. However, essence of the provision was lost in this move and States Parties will now not be required to use the proceeds from seizure and confiscation to fund assistance and compensation for victims of trafficking. Further, the weakness of the Protocol’s protection provisions is likely to undermine its effectiveness as a law enforcement instrument. The identification and prosecution of traffickers rely heavily on the cooperation of trafficked persons and without providing effective protection to the victims of trafficking there cannot be effective prosecution as the fear of backlash from traffickers would keep the victims from giving evidence in the court. Status and Repatriation The provisions on determination of status of the victims of