A/HRC/38/45 groups and has not proven effective, as a very modest number of victims have been identified and protected in countries of first arrival. 68. In addition, officials in the places of first arrival often lack the capacity to identify quickly and at an early stage factual indicators of vulnerabilities, including to trafficking, and assess the credibility of the narrative of the person. Such officials should be trained to interview individuals using an appropriate and human-rights based methodology, check the credibility of their narrative and identify the most appropriate protection channel without infringing the right to apply for asylum or other forms of international protection. On the other hand, identification of trafficked persons and persons at risk from among asylum seekers should be integrated into asylum procedures. 69. Finally, the Special Rapporteur wishes to raise an alarm about the fact that results have been very modest regarding identification and assistance of trafficking victims and potential victims in the context of mixed migration movements. Therefore, an innovative model is needed, not primarily based on police operations or the decision-making of immigration authorities, but rather based on the assessment of every individual’s background and personal conditions, in cooperation with civil society organizations. This entails the consideration of new protection schemes that should be focused not only on early identification of trafficking victims but also on a mechanism for the early referral and protection of persons in vulnerable situations. Refugees, asylum seekers and migrants in vulnerable situations are always at a high risk of falling prey to traffickers. B. Recommendations 70. In view of States’ legal responsibility to identify, protect and assist victims and possible victims of trafficking in persons, especially women and children, in all circumstances, including in the context of mixed migration flows, the Special Rapporteur offers the recommendations below. 71. In relation to the protection of refugees, asylum seekers and migrants in vulnerable situations, including victims and potential victims of trafficking in persons, States should: (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, through the ratification and implementation of international and regional human rights instruments; (b) Establish safe and legal migration channels, respecting the principle of non-refoulement and ensuring that migrants have access to the regular labour market in the host country, in cooperation with United Nations agencies and programmes and international organizations; (c) Ensure that appropriate laws and procedures are in place to enable actors to protect and assist refugees and migrants, and review and suspend, amend or repeal any laws or other measures that have a negative or disproportionate impact on the human rights of refugees and migrants; (d) Ensure that national legal frameworks and policies as well as bilateral/multilateral cooperation uphold and strengthen the effectiveness of the search and rescue regime, in accordance with international law and standards. Ensure that organizations and individuals who rescue or assist people on the move are not criminalized or otherwise punished for doing so. Ensure that people who are rescued at sea or land are not returned to a country where they may be at risk of trafficking or other human rights violations. 72. The Special Rapporteur also offers the recommendations below to improve identification of victims and potential victims of trafficking on arrival, transit or destination. 17

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