A/HRC/44/45/Add.1
(a)
Adopt and implement the standard operating procedures and ensure
that identification is the result of a multidisciplinary process, including especially
organizations from civil society, avoid linking the identification procedure to the
initiation of a criminal proceeding and shift from a law enforcement paradigm to a
victim-centred and human rights-based approach to trafficking in persons;
(b)
Guarantee that all relevant organizations are represented in the
operational team that will implement the standard operating procedures, including
officials from the Labour Inspectorate and civil society with experience in the
identification and referral of victims of trafficking and members of civil society
working with at-risk populations, such as Roma children, both domiciled and nondomiciled, and migrants in transit in the country;
(c)
Develop and implement training on the standard operating procedures
and indicators of trafficking for the relevant authorities, especially front-line officers,
who may be the first ones in contact with a potential victim of trafficking, including,
but not limited to, members of the Police Directorate, the border police, the Labour
Inspectorate, health practitioners, teachers in primary and secondary education,
social workers and interpreters.
73.
With regard to the provision of services to trafficked persons and their longterm social inclusion, the Special Rapporteur recommends that the Government:
(a)
Provide necessary assistance to victims and potential victims of
trafficking based on the identification of vulnerabilities to trafficking in persons
following the above-mentioned multidisciplinary approach, and that it not be
conditional on their participation in criminal proceedings against the traffickers;
(b)
Provide adequate funding to shelters and other organizations providing
services to victims and potential victims that allow for the sustainability of the
organizations and the services offered, bearing in mind that the protection of victims
of trafficking in persons is the primary responsibility of the State, and ensure that
services and facilities take into account gender-specific needs and that trafficked
persons are not only provided with temporary shelter, but are also provided with the
opportunity to acquire access to safe and affordable independent accommodation,
with no discrimination of any kind;
(c)
Establish a transition system for those organizations not fulfilling the
licensing criteria set out in the licensing scheme but having experience in the field of
the provision of assistance to trafficked persons, so that the expertise is not lost,
evaluate the impact of the legislation requirements on how assistance has been
delivered to victims and adopt measures to minimize any negative impact;
(d)
Ensure that practitioners are trained and supported in working with
distressed, traumatized children and other victims of trafficking and exploitation, that
accommodation and other services is child-friendly, always takes into consideration
the best interests of the child and gives consideration to the cultural, religious and
social norms and values of the children and, in consultation with the child and in
coordination with local child welfare systems, adopt an individual plan and make
arrangements that favour family-based and community-based solutions;
(e)
Ensure that, in line with a human rights-based approach, trafficked
persons are granted non-conditional residence permits, taking into account
humanitarian considerations, and are enabled with regard to access to the labour
market, in cooperation with the private sector.
74.
With regard to the early social protection of victims and potential victims of
trafficking in mixed migration movements:
(a)
Ensure that human rights are at the centre of efforts to address
migration in all its phases, including responses to large and mixed movements, in
relation to the protection of refugees, asylum seekers and migrants in vulnerable
situations, including victims and potential victims of trafficking in persons, through
the ratification and implementation of international and regional human rights
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