4.
Undertaking, supporting and bringing together research into trafficking.
Such research should be firmly grounded in ethical principles, including an
understanding of the need not to re-traumatize trafficked persons. Research
methodologies and interpretative techniques should be of the highest quality.
5.
Monitoring and evaluating the relationship between the intention of antitrafficking laws, policies and interventions, and their real impact. In particular,
ensuring that distinctions are made between measures which actually reduce
trafficking and measures which may have the effect of transferring the
problem from one place or group to another.
6.
Recognizing the important contribution that survivors of trafficking can,
on a strictly voluntary basis, make to developing and implementing antitrafficking interventions and evaluating their impact.
7.
Recognizing the central role that non-governmental organizations can
play in improving the law enforcement response to trafficking by providing
relevant authorities with information on trafficking incidents and patterns
taking into account the need to preserve the privacy of trafficked persons.
Guideline 4: Ensuring an adequate legal framework
The lack of specific and/or adequate legislation on trafficking at the national level has been
identified as one of the major obstacles in the fight against trafficking. There is an urgent
need to harmonize legal definitions, procedures and cooperation at the national and regional
levels in accordance with international standards. The development of an appropriate legal
framework that is consistent with relevant international instruments and standards will also
play an important role in the prevention of trafficking and related exploitation.
States should consider:
1.
Amending or adopting national legislation in accordance with
international standards so that the crime of trafficking is precisely defined in
national law and detailed guidance is provided as to its various punishable
elements. All practices covered by the definition of trafficking such as debt
bondage, forced labor and enforced prostitution should also be criminalized.
2.
Enacting legislation to provide for the administrative, civil and, where
appropriate, criminal liability of legal persons for trafficking offences in
addition to the liability of natural persons. Reviewing current laws,
administrative controls and conditions relating to the licensing and operation
of businesses that may serve as cover for trafficking such as marriage bureaux,
employment agencies, travel agencies, hotels and escort services.
3.
Making legislative provision for effective and proportional criminal
penalties (including custodial penalties giving rise to extradition in the case of
individuals). Where appropriate, legislation should provide for additional
penalties to be applied to persons found guilty of trafficking in aggravating
circumstances, including offences involving trafficking in children or offences
committed or involving complicity by State officials.
4.
Making legislative provision for confiscation of the instruments and
proceeds of trafficking and related offences. Where possible, the legislation
should specify that the confiscated proceeds of trafficking will be used for the
benefit of victims of trafficking. Consideration should be given to the
establishment of a compensation fund for victims of trafficking and the use of
confiscated assets to finance such a fund.
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