A/HRC/26/18
21.
A recurring recommendation in all consultations was the provision of a nonconditional reflection period during which victims of trafficking would be assisted in their
physical, psychological and social recovery through the provision of essential services, such
as adequate shelter; counselling and information about their situation and legal rights in a
language that they understand; medical, psychological and material assistance; and
employment, educational and training opportunities. The reflection period was described as
being essential for victims to overcome psychological and physical trauma and to gain
enough confidence to engage in legal proceedings, if they so wished. In order to achieve
restitution and rehabilitation, suggestions were made to establish and strengthen
multidisciplinary anti-trafficking coordinating committees, one-stop centres offering a
comprehensive range of services, funds for victim compensation, exemption from court
fees, and legal counselling.
22.
Safe repatriation was also identified as a form of restitution that is preferred by a
large number of identified victims. It should be provided by countries of destination and
origin alike, unless not in the best interests of the victim, when it could lead to reprisals or
further human rights violations. In this regard, it was underlined that States should increase
their efforts to provide victims with appropriate residence status as a form of remedy. One
major obstacle to this aspect of restitution was identified as differing domestic requirements
for granting such residency permits. Suggestions were however made to inscribe these
measures within the obligation of the State to provide humanitarian protection for
individuals in a position of vulnerability, as requested in article 7 of the Palermo Protocol.
23.
Participants also pointed out that another major obstacle to achieving effective
restitution was the practice in many States whereby assistance, including the granting of
residency permits, is dependant on the cooperation of the victim in legal proceedings; to be
effective, however, assistance should be unconditional and accessible to all victims.
24.
The need to take into due consideration the diverse backgrounds, experiences,
traditions and cultures of victims was also flagged as being vital when restoring what has
been lost by victims, ensuring that they are not subjected to discriminatory treatment in law
or in practice, and also ensuring that the individual circumstances of victims are taken duly
into account.
25.
Addressing the root causes of trafficking in the long term was underlined as an
important aspect of restitution to ensure that victims of trafficking in persons were not
returned to their pre-existing positions or put at risk of being re-trafficked. This included
eradicating poverty, combating discrimination and gender-based discrimination and
violence, and enhancing the rule of law.
26.
It was noted that reintegration could comprise vocational placement, support for
parents for child care, and micro grants to victims. These reintegration efforts could help to
empower victims, address stigma, reduce vulnerability and allow victims to readjust to their
communities of origin. It was suggested that, for effective reintegration in the country of
origin, it is necessary to inform victims about work opportunities in their home countries in
order to reduce the incidence of re-trafficking. Another recommendation was that long-term
support programmes be secured so that victims may still have access to socio-psychological
support well after completing reintegration. Rehabilitation programmes should also contain,
when appropriate, elements of family mediation in the event that the victim is returning to
the community of origin.
27.
Non-governmental organizations were also recognized as key partners in realizing
rehabilitation through reintegration, given that they can readily gather information on the
victim’s family and social context and actively follow up on the victim’s situation over
time. Rehabilitation was also recognized as a key factor in empowering victims so that they
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