A/HRC/17/35 Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation. 34. While different factors affect the efficacy of criminal, civil and labour proceedings, common obstacles for trafficked persons to seek compensation through legal proceedings include: failure to identify trafficked persons and accord them regular residence status; lack of adequate support in recovery of trafficked persons; lack of information and knowledge on the part of trafficked persons; lack of free legal aid available; lack of capacities, knowledge and experience on the part of the judiciary and lawyers in seeking compensation for trafficked persons; and inadequate witness protection programmes to guarantee the safety and security of trafficked persons and their family members. Further, trafficked women who are also victims of sexual and gender-based violence may also face additional obstacles in pursuing legal proceedings, as participation in such proceedings may expose them to re-victimization in the form of psychological harm, stigma and communal and family ostracism. 35. An additional obstacle for trafficked persons to receive compensation is that even when compensation orders are made against traffickers, it is extremely difficult to enforce such orders and actually receive compensation. One of the main contributing factors is that identified traffickers often do not have adequate assets to satisfy an award of compensation. In some cases, traffickers may genuinely not have any assets, as they may be “lower level” offenders such as intermediaries or recruiters. In other cases, law enforcement authorities may lack the expertise, training and resources to conduct financial investigations to freeze and confiscate such assets.26 Traffickers may thus swiftly transfer their assets to another country or take other steps to conceal them before compensation orders are executed. Even where assets are successfully confiscated, such assets may be automatically transferred into State coffers or otherwise not used to compensate trafficked persons.27 (b) State-funded compensation funds 36. Trafficked persons may also seek compensation through a State-administered scheme, which has been perceived as more favourable than legal proceedings, given that its processes are relatively streamlined, less bureaucratic and quicker; and compensation may be made without having to apprehend and convict a trafficker. 37. In some States, trafficked persons have been able to obtain compensation through general compensation schemes for victims of crime.28 In many other States, however, access to State-funded compensation schemes may be restricted by certain eligibility criteria, such as nationality, residence status, or types of crimes that the victim suffered. 38. An increasing number of States have introduced compensation schemes specifically for trafficked persons, or have announced that they are contemplating the establishment of one. The Special Rapporteur recognizes, however, that where a general compensation scheme for victims of crime including trafficked persons exists, the creation of a separate compensation scheme dedicated only to trafficked persons may result in further diversion of resources and hierarchical categorization of rights holders. From this perspective, it may be considered a more concrete strategy to seek to enable trafficked persons to obtain compensation within the existing scheme and, where it is inadequate, to strengthen it to allow all victims of human rights violations to claim compensation. 26 27 28 10 OSCE/ODIHR, Compensation, pp. 40-42. Anti-Slavery International, Opportunities and Obstacles, p. 33. Ibid, p. 15.