A/HRC/26/37 of the right of victims to assistance, protection and support and in considering the extent to which these rights are respected and protected in practice. It is abundantly clear that States are indeed required to provide immediate assistance and support to victims of trafficking within their jurisdiction and to protect them from further harm.5 The provision of immediate assistance, protection and support should not be conditional on the capacity or willingness of the victim to cooperate with criminal justice agencies. In 2009, the Special Rapporteur devoted a thematic report to the issue of victim identification, protection and assistance, affirming the key responsibilities of States in this regard and identifying ways in which these obligations can be effectively met in practice (A/64/290). 44. Victim identification is fundamental to the realization of victim rights. By not identifying victims swiftly and accurately States effectively and permanently deny victims the rights to which they are legally entitled (ibid., para. 91). Both mandate holders have drawn attention to the failure of criminal justice systems to identify trafficking victims, who instead are often arrested, detained, charged and prosecuted for entering a country and working irregularly, or engaging in prostitution.6 As noted by the Special Rapporteur, “victims are simply treated as criminals and are arrested and deported with no opportunity to be identified and provided with the necessary assistance as trafficked victims” (A/64/290, para. 91). Both mandate holders have advocated for more thorough and collaborative approaches to victim identification. The Special Rapporteur has repeatedly encouraged greater cooperation between victim support agencies and front line officers.7 45. Trafficked men. The Special Rapporteur has regularly raised concerns about the lack of appropriate assistance to men and boys who have been trafficked.8 Low identification rates are a widespread problem. Many States have been slow to recognize the issue of trafficking in men, a situation that is explained, at least in part, by the continuing strong focus on trafficking for sexual exploitation at the expense of trafficking for labour exploitation. For cultural and other reasons, male victims of trafficking are often reluctant to self-identify. Even where victim support assistance is available, it may be inaccessible or not properly adapted for them and declined for those reasons. 46. No prosecution or punishment. The acceptance that victims of trafficking should not be punished – or indeed prosecuted – for offences that have been committed in the course of their trafficking, such as immigration and work offences has grown. The Special Rapporteur has regularly upheld the importance of this principle9 and endorses the now widespread position that States should not prosecute or punish victims “for unlawful acts committed by them as a direct consequence of their situation as trafficked persons or where they were compelled to commit such unlawful acts” (CTOC/COP/WG.4/2009/2, para. 12(b)).10 A number of States, international organizations and civil society groups responding to the questionnaire pointed to the work of the Special Rapporteur on this issue as a major achievement, helping to establish non-prosecution and non-punishment as an accepted standard. 5 6 7 8 9 10 12 See Commentary on the Recommended Principles and Guidelines to Human Rights and Human Trafficking (United Nations publication, Sales No. E.10.XIV.1), pp. 141–151. See A/HRC/20/18, paras. 23 and 24, E/CN.4/2005/71 para. 10, E/CN.4/2006/62/Add.3, paras. 47, 58, 63 and 64. See, for example, A/HRC/20/18, paras. 45–53. See, for example, A/HRC/23/48/Add.2, paras. 62, 92; A/HRC/23/48/ Add.1, para. 81 (v); A/HRC/17/35/Add.4, para. 85, A/HRC/14/32/Add.3, para. 61 and A/HRC/14/32/Add.4, para. 43. See also the statement by the Special Rapporteur at the end of her visit to Italy in 2013. See, for example, A/HRC/20/18 paras.23–30 and 89 and A/65/288, para 20. See also A/64/290, para. 95.