A/58/275
regulating, through a licensing and registration system, private sector participation
in the recruitment and placement of workers.
19. Comprehensive witness protection programmes in sending, transit and
receiving countries are also an effective measure in combating illegal recruitment
practices. The Special Rapporteur notes that such programmes, where they exist, are
difficult to access as the requirements for eligibility are often very strict and the fear
of prolonged detention and/or deportation upon denial of protection discourages
many victims from denouncing illegal practices.
20. The Special Rapporteur believes that efforts to strengthen respect for States’
obligations vis-à-vis refugees, as well as appropriate training of immigration
officials on the asylum protection system and on international and national human
rights obligations, would help in part to ensure strengthened protection for asylumseekers. The Special Rapporteur is encouraged by increased discussions at the
international level on ways and means of addressing the existing challenges to the
asylum system, taking into account the present scope and dimension of the
movement of people and the nexus between asylum and migration.
21. The Special Rapporteur considers that increased international dialogue and
cooperation, as well as coordination of all relevant departments at the national level,
including security, intelligence, border police, migration police and other law
enforcement officials, are positive steps in combating trafficking.
22. The Special Rapporteur has repeatedly stated that the victims’ needs for
specific medical, psychological and legal assistance are often not taken into account.
Victims of trafficking, including unaccompanied minors, are often detained and
deported without regard to their status and without consideration of the risks to
which they may be exposed if returned to their countries of origin. The Special
Rapporteur has received information according to which, for fear of being deported
or criminalized, victims of trafficking, especially women, often do not denounce
their traffickers and do not seek protection from local authorities against their
abusers.
23. The legislation of some countries provides for some forms of assistance and
protection for victims of trafficking. However, in many cases, in order to obtain
protection, victims have first to escape from their exploiters, cooperate with the
Government in the investigation and demonstrate that their lives would be in danger
if they were deported. Furthermore, many persons choose not to participate in
existing witness protection programmes because detention often is a component of
such programmes.
24. The Special Rapporteur believes that temporary residence permits, together
with adequate medical, psychological, social and legal assistance and an adequate
level of police protection, should be granted to all victims and their families,
regardless of whether they are willing to cooperate with the judiciary in the
prosecution of the traffickers. Furthermore, the Special Rapporteur believes that it is
necessary to give victims a reasonably long period of reflection to decide whether to
cooperate with the authorities. This would give them time to recover, build trust in
those assisting them and cooperate in gathering intelligence about the modus
operandi of traffickers.
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