A/HRC/18/54 19. Regional standards that protect the human rights of victims of trafficking include the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), 2005. 20. In 2002, OHCHR developed a set of recommended principles and guidelines on human rights and human trafficking in order to provide practical, rights-based policy guidance on the prevention of trafficking and the protection of victims of trafficking. Their purpose is to promote and facilitate the integration of a human rights perspective into national, regional and international anti-trafficking laws, policies and interventions. In 2010, OHCHR published a commentary on the recommended principles and guidelines, which aims to provide further concrete guidance on the prevention of trafficking and the protection of victims of trafficking. 21. Like the Trafficking Protocol, the primary aim of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime is to combat transnational crime. However, in affirming that the “protection of the rights of persons who have been the object [of smuggling]” is a State obligation, article 4 of the Protocol extends its scope beyond the prevention, investigation and prosecution of migrant smuggling offences to also ensure the human rights of smuggled migrants. In addition, article 19 provides a broad “savings clause” to ensure that States acting in pursuit of their obligations to combat human smuggling must do so in full compliance with their obligations under international law, including international human rights law. Under the Protocol, persons (or institutions) are not liable to criminal prosecution if they procure the illegal entry or permit the illegal residence of a migrant in a receiving State for reasons that do not involve financial or material gain.19 This would apply to individuals who smuggle family members, for example, or charitable organizations that assist the movement of asylum-seekers. C. Interception and deaths at sea 22. In recent months, thousands of migrants and asylum-seekers from South Asia, as well as from sub-Saharan and North African countries, have sought to leave the Libyan Arab Jamahiriya and other North African countries by sea, most relying on unseaworthy vessels. Most migrants and asylum-seekers who have fled on this route have arrived on the small Italian island of Lampedusa,20 with a small number reaching Malta. Reports also indicate that some vessels have been intercepted off the coast of Tunisia to prevent them making the journey towards Europe. 23. The boats in which the journey have been made are often overcrowded and in a poor state of repair. As a result, boats have broken apart in the water, or have drifted for days or weeks while migrants on board ran out of food and water. Vulnerable individuals were particularly at risk during such voyages; agencies reported that, in recent months, a woman gave birth at sea while awaiting rescue, while two other women suffered miscarriages 18 19 20 in the [European Convention on Human Rights].” Application no. 25965/04, European Court of Human Rights, 7 January 2010 (para. 282). See Human Rights Council resolution 11/3, General Assembly resolutions 58/137. 59/166, 61/144 and 63/156, and Commission on Human Rights resolution 2004/45. Travaux préparatoires, art. 6C. Interpretative notes, para. 1(b). See also Legislative Guide for the United Nations Convention against Transnational Organized Crime and the Protocols thereto, paras. 54 and 55. UNHCR reported that 488 vessels have arrived at Italy’s borders from January to mid-July 2011. This comprised some 410 vessels arriving from Tunisia, carrying an average number of 60 passengers, and some 78 vessels arriving from the Libyan Arab Jamahiriya, with an average of 300 passengers. 7