A/HRC/41/46 of Oba Ewuare II of Benin, the traditional leader of Edo State, the Nigerian State most affected by international trafficking, was equally successful in lifting trafficking victims out of the “oath of secrecy” and placing a curse on traffickers. This action produced unprecedented results and proved to be extremely impactful on the lives of thousands of women and girls in Nigeria and abroad. (b) Ensuring non-criminalization of trafficked persons 34. In some countries, victims experience detention for offences, such as pickpocketing, smuggling or drug trafficking, that they were forced to commit as a result of being trafficked. They also experience detention, when trafficked for the purpose of sexual exploitation, in countries where prostitution/sex work is illegal. 35. Often, victims’ perceived or actual involvement in an illegal behaviour while trafficked results in stigma, which can have long-term adverse impacts. An arrest record, or worse, a criminal conviction, can cause lifelong restricted access to basic services and needs, such as employment, housing, a residence permit, and bank loans, even long after they have escaped their traffickers. In many cases, educational, housing and employment opportunities require a background check, which includes an assessment of the criminal and/or employment history of an individual. Failing to clear a criminal records check constitutes an insurmountable barrier for survivors. Trafficked children, who may have been charged with offences related directly to their having been exploited, such as for pickpocketing or cannabis cultivation, may also find it difficult to return to school, due to discrimination and stigma arising from criminal convictions. 36. According to Recommended Principles and Guidelines on Human Rights and Human Trafficking, published by the Office of the United Nations High Commissioner for Human Rights, “trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked persons”. The Special Rapporteur regrets that this principle is rarely implemented by the competent authorities in States, and advocates for its recognition and enforcement. In this respect, she welcomes the adoption in Montenegro of new guidelines on non-punishment of victims of trafficking in human beings for involvement in illegal activities that they were compelled to take part in in the context of being trafficked. 4. (a) Guaranteeing trafficked persons’ safety and stability Providing trafficked persons with access to asylum or residence status 37. The trauma associated with trafficking often endures even after a victim has reached a safe environment. In some cases, victims are returned to the situation that they were in prior to being trafficked, that is to say, to the same social and economic conditions that served as push factors. Ensuring that no victim is returned to a situation where he or she may be at risk of being retrafficked is key. In this context, it is necessary that trafficked persons, whether they return to their country of origin or integrate into transit or destination countries, feel safe to live an independent life. For that purpose, obtaining residence status is a primary prerequisite, without which a survivor remains vulnerable to being retrafficked. Without residence status that formalizes their stay in a particular country, survivors may find it difficult to access services and accommodation, or to register a business. This also applies to children who are born out of rape as a result of trafficking, given that their right to birth registration is a precondition for the enjoyment of all other rights. Consular offices can play an important role in providing identity documents to victims of trafficking. However, NGOs have reported several challenges faced by survivors of trafficking and by other vulnerable migrants in accessing consular services; some victims of trafficking have reported being unable to access consular services on account of stigma, migration bans and heavy caseloads. 38. In line with article 7 of the Trafficking in Persons Protocol, many States grant temporary residence to victims of trafficking. In most cases, temporary residence permits granted to trafficked persons allow them to work. However, a serious concern is that 11