A/HRC/44/45/Add.1
instruments, as well as following good practices such as the principles and guidelines
on the human rights protection of migrants in vulnerable situations of OHCHR and
the Global Migration Group;
(b)
Revise the standard operating procedures and expand the indicators
currently used in the identification procedures of trafficking in persons to include
indicators of migrants’ vulnerabilities that can lead to a risk of trafficking, based on
the experience acquired by national agencies, international organizations and civil
society, with such indicators taking into account the risks occurring during or as a
result of the migratory journey and/or at the destination, such as those stemming from
lack of financial resources, irregular status, use of migrant smuggling services, torture
and extortion, sexual violence and sexual and labour exploitation;
(c)
Integrate the identification of trafficking victims and potential victims
into asylum procedures, including in the context of accelerated procedures, and
enhance the identification capacity of all stakeholders, including border and law
enforcement officials, front-line workers and volunteers, in places where migrants or
refugees reside, including reception centres, refugee camps or informal settlements,
and in areas of arrival of large influxes of people;
(d)
Following the UNHCR guidelines on international protection on the
application of article 1 (a) (2) of the 1951 Convention and/or 1967 Protocol relating to
the Status of Refugees to victims of trafficking and persons at risk of being trafficked,
consider trafficking in the country of origin, destination or transit and the risk of
trafficking, re-trafficking or reprisals from traffickers as grounds for granting
international protection in Montenegro;
(e)
Establish coordination between the asylum procedures and the
trafficking protection system in order to ensure that people identified as being at risk
of trafficking during asylum procedures are referred to the trafficking protection
system and, when both grounds are recognized, have access to both refugee status and
protection as victims or potential victims of trafficking;
(f)
Ensure that risks of trafficking and re-trafficking are adequately
evaluated before a decision is made in the context of return procedures, including
whether the person is returned to the first country of arrival or a third country, and
ensure that no person, regardless of status, is returned to a place where there are
substantial grounds to believe that she or he would be at risk of being subject to
torture or other cruel, inhuman, or degrading treatment or punishment or other
serious human rights violations, including a risk of being trafficked or subject to
reprisals from the traffickers or their networks;
(g)
Allocate sufficient resources to ensure that places of arrival, registration
and reception centres and settings meet human rights standards for reception and
assistance, in accordance with the principles and guidelines on the human rights
protection of migrants in vulnerable situations of OHCHR and the Global Migration
Group;
(h)
Create safe, child-friendly spaces in places where migrants or refugees
reside, including reception centres, refugee camps or informal settlements that host
children, offer children spaces for recreation, study and rest separated from other
facilities and ensure that those areas are family-based and family-friendly, whenever
possible; administrative detention of children must be banned at all times;
(i)
Ensure that women, girls, men and boys who are vulnerable to sexual
and/or labour exploitation are promptly identified and referred to gender-sensitive
services on arrival and develop adequate, human rights-based and gender-sensitive
information material available in a language that migrants understand, to ensure
access to specialized services.
75.
With regard to investigation, prosecution and access to justice, the Special
Rapporteur recommends that the Government:
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