TERMS OF REFERENCE The Asia Pacific Forum of National Human Rights Institutions refers to the Advisory Council of Jurists for advice and recommendation regarding the nature and scope of State’s obligation under international law, including international human rights law, to prevent trafficking, investigate and prosecute traffickers, and provide protection, assistance and redress to trafficked persons. In particular the Council is to consider: (i) The nature and scope of state responsibility for trafficking and related conduct taking into account that much trafficking activity is undertaken by non-state entities; (ii) Whether international law requires States to criminalize, investigate and punish trafficking and related conduct. (iii) Whether international law prevents the detention or prosecution of trafficked persons for their unwilling or coerced involvement in unlawful activities; (iv) Whether international law requires States to provide legal and social assistance to trafficked persons; (v) Whether international law prevents the compulsory testing of trafficked persons for HIV/AIDS and other diseases; (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; (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; (viii) The nature of special protections which should be extended to trafficked children in accordance with international law; (ix) Whether trafficking should constitute an extraditable offence and thereby be included as such in bilateral and multilateral extradition treaties; (x) The extent to which international law permits the development and implementation of extraterritorial measures aimed at preventing trafficking and apprehending traffickers; (xi) The nature of States’ obligations, under international law, to provide trafficked persons with access to effective and appropriate remedies. (xii) The extent to which the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (as the only directly relevant regional instrument) provides an adequate framework for responding to the problem of trafficking The Council may comment upon: (i) the socio-economic, political and legal environments in Forum Member States; 21