A/HRC/20/18
national referral mechanisms developed in cooperation with non-governmental
organizations. Bulgaria also provides training on trafficking in human beings and victim
identification to diplomats, consular and military attaches through the Diplomatic Institute
at the Ministry of Foreign Affairs. 46 The National Anti-Human Trafficking Task Force in
Sri Lanka is currently developing and implementing standard operating procedures that
would assist in the accurate and timely identification of victims of trafficking, and establish
a referral mechanism to provide assistance and protection. 47 Similarly, in April 2011, in the
Republic of Moldova, the National Committee for Combating and Prevention of
Trafficking in Persons approved the draft of an interdepartmental regulation on the
identification of victims and potential victims of trafficking. The draft, which is awaiting
final adoption and publication by the Ministry of Justice, will be an operational tool for
organizations engaged in the national referral system and is aimed at streamlining and
standardizing the identification process.48
37.
Community-based organizations and victim support agencies are also becoming
increasingly important in the identification of victims of trafficking. For example, in
Australia, non-governmental organizations accounted for 13 per cent of all referrals in the
period 2009–2010. 49 In keeping with a human rights-based approach, the Special
Rapporteur observes that victims identified by non-governmental organizations should only
be referred to the police if they give their consent. Importantly, Government financial
support for victim support agencies should not make such funding contingent on requiring
them to pass on information about identified victims.
38.
Other mechanisms include agreements and partnerships between Government and
non-government agencies, including victim service providers, to ensure that victims
identified by non-State actors have access to Government support services.50
D.
Support for victims of trafficking
39.
There is growing recognition for the need to provide victims of human trafficking
with support services, which, however, must be designed and delivered in a manner that is
compatible with a human rights-based approach.
40.
Some States have introduced reflection and recovery periods in order to provide
immediate support and protection to victims not conditional on cooperation with criminal
justice processes. During these periods, trafficking victims receive assistance, including
shelter, health care and legal advice to enable them to make informed decisions about
whether to participate in the criminal justice process. Such periods of reflection have the
added advantage of giving investigators and prosecutors time to gather evidence. 51
41.
For example, Canada provides trafficking victims with a 180-day period of
reflection and options for obtaining temporary residence permits, including for stays of up
to three years.52 The Netherlands offers a period of reflection of three months that is not
conditional on participation in the justice process and provides immigration remedies to
foreign trafficking victims, including, in certain circumstances, options for permanent
46
47
48
49
50
51
52
10
Submission by Bulgaria, pp. 6-7.
Submission by Sri Lanka, pp. 4-5.
Submission by the Republic of Moldova, p. 5.
Submission by Australia, p. 10.
For example, see submission by Albania, p. 8.
A/HRC/17/35, para. 27.
Submission by Canada, p. 6.
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