(vi) Whether international law prevents States from summarily deporting or returning a trafficked person when such deportation or return poses a serious and verifiable risk to the safety of the trafficked person and/or that person’s family If the trafficked person qualifies for refugee status under the 1951 Status of Refugees Convention they have a non-derogable right not to be returned to the State of origin.13 States of destination should ensure that procedures are in place for ensuring that trafficked persons who fall within the definition of a refugee are aware of and able to exercise their right to seek and receive asylum. It is also arguable that, even if the trafficked person is not a refugee, general principles of human rights law may prevent the deportation or return of that person where this is shown to pose a serious and verifiable risk to the safety of the trafficked person and/or that person’s family. As indicated above, Article 8 of the Trafficking Protocol provides that the repatriation of victims of trafficking must be conducted with due regard to the safety of the trafficked person - Articles 8(1) and (2). Recommended Principle 11 is evidence of good practice. It provides: “Safe (and, to the extent possible, voluntary) return shall be guaranteed to trafficked persons by both the receiving State and the State of origin. Trafficked persons shall be offered legal alternatives to repatriation in cases where it is reasonable to conclude that such repatriation would pose a serious risk to their safety and/or to the safety of their families.” (vii) The nature and extent of States’ obligation to take active and timely steps to identify trafficked persons from among vulnerable groups such as irregular migrants International law generally does not articulate the nature and extent of the obligation of States to identify trafficked persons. However Article 18 of the 1949 Trafficking Convention does require States to have a declaration taken from aliens who are prostitutes in order to establish their identity and civil status and to discover who has caused them to leave their State. It is evident that a failure to identify trafficked persons as such would cause the State also to fail to discharge its international obligations towards such persons. Accordingly, it can be said that the identification of trafficked persons as such, is a fundamental aspect of the State’s obligation to protect, respect and fulfill human rights. 13 Article 1 defines a “refugee” as including persons of a “particular social group”, thus possibly including certain trafficked persons. The principle of “non-refoulement” is defined in Article 33. 15