A/HRC/17/35 1. Access to information 43. First and foremost, information relating to trafficked persons’ rights and mechanisms available to seek remedies is critical in ensuring their access to remedies. Trafficked persons can only seek remedies if they are aware of their rights and how to access such remedies. The importance of providing information is stressed in the Palermo Protocol, which requires States Parties to establish measures that provide trafficked persons with “information on relevant court and administrative proceedings”.33 Experience indicates, however, that there is very little evidence of State practices in informing trafficked persons about their right to remedies, and the provision of information to trafficked persons in a manner that is appropriate in terms of language, content, form and timing remains a challenge. 44. In terms of the language to be used, it is crucial that information about trafficked persons’ rights and the procedures for obtaining remedies is clearly explained in a language that the trafficked person understands.34 In this regard, interpreters have a crucial role to play, as many trafficked persons may not understand the language spoken in the country in which they wish to seek remedies. While the Palermo Protocol does not expressly require States to provide for interpretation or translation assistance, it is one of the essential requirements to effectively guarantee the right of trafficked persons to seek remedies, and the availability of such assistance should not be limited to judicial proceedings. Furthermore, the language used to explain the rights and procedures to seek remedies must be easily understood by trafficked persons of all educational and socio-economic backgrounds. In a number of States, law enforcement authorities such as police and prosecutors are obliged by law to inform victims of crime of their rights, including the right to claim compensation.35 While the Special Rapporteur recognizes this legal requirement as a good practice, it has been reported that it is not well implemented in practice or the information often does not effectively reach the victims due to the complexity of the language used by the law enforcement authorities.36 45. Equally important is the content and form of information to be provided to trafficked persons. Trafficked persons should be provided with full and accurate information about their legal rights, how and where to obtain necessary assistance, different legal options and procedural steps involved in seeking remedies, and consequences of exercising such legal options. Information may be provided in writing such as in leaflets so that trafficked persons may reflect on the information at any time, and/or through hotlines and the Internet to increase accessibility to appropriate information.37 If the trafficked person wishes to pursue judicial proceedings, the provision of information may also take the form of familiarizing him or her with trial processes through observation of another court proceeding, if possible.38 46. Furthermore, it is crucial that actors who are likely to come into first contact with trafficked persons, such as the police and health professionals, provide relevant information to trafficked persons as early as possible. Given that psychological recovery of trafficked 33 34 35 36 37 38 12 Art. 6, para. 2 (a). Palermo Protocol, art. 6, para. 3 (b); Recommended Principles and Guidelines on Human Rights and Human Trafficking, guideline 9, para. 2. See for example France, the Republic of Moldova, Romania, the Russian Federation, Thailand and Ukraine. OSCE/ODIHR, Compensation (note 25 above), p. 35. Council of Europe, Non-criminal Remedies for Crime Victims (Strasbourg, 2009), pp. 17-18. Aye Olatunde et al. (eds), Access to Justice for Trafficked Persons in Nigeria: A Handbook for Legal Actors and Service Providers (GAATW et al., 2010), p. 36.