A/HRC/32/41 (d) Access to remedies. International law provides victims with the right to adequate and appropriate remedies for the harm they have suffered. The form of remedy should, as far as possible, expunge the consequences of the breach and re-establish the situation that existed prior to its occurrence. In trafficking cases, compensation for harm as well as for material losses, such as unpaid wages, is an important form of remedy. As the mandate of the Special Rapporteur has amply demonstrated (A/HRC/17/35, A/HRC/17/35/Add.6 and A/HRC/26/32), the right to a remedy is often not effectively available to trafficked persons because laws, policies and mechanisms for such remedies are weak or non-existent and even where the necessary infrastructure is in place, victims frequently lack information on the possibilities and processes for obtaining remedies. Conflict exacerbates the scale and impact of these obstacles. Where trafficking-related exploitation occurs within a situation of conflict, the possibility for victims to secure adequate and appropriate remedies is remote because the State most directly concerned often lacks the capacity to deliver such remedies, and it is difficult or impossible to determine who is legally responsible for providing access to remedies and how this responsibility can be enforced; (e) Right to safe return/protection from retrafficking/protection from persecution. All victims of trafficking who are not residents of the country in which they find themselves are entitled to return to their country of origin. This right places an obligation on the part of the country of origin to receive its returning nationals without undue or unreasonable delay. The right to return also implies an obligation on the country of destination to permit those victims who wish to return to do so, again without undue or unreasonable delay. Detention of trafficked persons in shelters, prisons or immigration detention facilities is one way in which the right to return can be interfered with. International law supports a standard of safe and preferably voluntary return for trafficked persons, which implies, at a minimum, that steps are taken to ensure that victims are not at serious risk of retrafficking or persecution. The right to seek and claim asylum from persecution requires States to avoid returning victims to situations of persecution or risks of serious human rights violations. Issues around return are complicated by conflict. IV. Conclusion 57. All forms of trafficking in persons can be found in situations of conflict, including trafficking for forced prostitution and other forms of sexual exploitation; trafficking for forced military recruitment, including of children; trafficking for other forms of forced labour; trafficking for forced criminality; and trafficking for slavery, for servitude and for removal of organs. 58. However, conflict influences the form and nature of trafficking in different ways. First, the severity of trafficking-related exploitation appears to be greater when it occurs during or, indeed, after conflict, enhanced by conditions that are themselves a cause or consequence of conflict, such as impunity and increased, generalized violence. Second, certain forms of trafficking-related exploitation are either particular to conflict or more prevalent in situations of conflict, such as forced military recruitment of both children and adults. Sexual exploitation is another form of trafficking that intersects with the dynamics of situations of conflict, including the use of proceeds from trafficking, trading and ransoming individuals to purchase arms and pay fighters, which perpetuates the cycle of violence against civilians. 59. A range of conditions particular to, or commonly associated with, situations of conflict fuel trafficking by amplifying vulnerabilities and increasing opportunities for exploitation. These include, but are not limited to, a distorted economy that is heavily reliant on criminality and the presence of organized criminal groups already involved 16

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