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compensation, for trafficking and related exploitation. In order to overcome
this problem, legal and other material assistance should be provided to
trafficked persons to enable them to realize their right to adequate and
appropriate remedies.
States and, where applicable, intergovernmental and non-governmental
organizations, should consider:
1.
Ensuring that victims of trafficking have an enforceable right to fair and
adequate remedies, including the means for as full a rehabilitation as possible. These
remedies may be criminal, civil or administrative in nature.
2.
Providing information as well as legal and other assistance to enable trafficked
persons to access remedies. The procedures for obtaining remedies should be clearly
explained in a language that the trafficked person understands.
3.
Making arrangements to enable trafficked persons to remain safely in the
country in which the remedy is being sought for the duration of any criminal, civil
or administrative proceedings.
Guideline 10: Obligations of peacekeepers, civilian police and
humanitarian and diplomatic personnel
The direct or indirect involvement of peacekeeping, peace-building, civilian
policing, humanitarian and diplomatic personnel in trafficking raises special
concerns. States, intergovernmental and non-governmental organizations are
responsible for the actions of those working under their authority and are
therefore under an obligation to take effective measures to prevent their
nationals and employees from engaging in trafficking and related exploitation.
They are also required to investigate thoroughly all allegations of trafficking
and related exploitation and to provide for and apply appropriate sanctions to
personnel found to have been involved in trafficking.
States and, where appropriate, intergovernmental and non-governmental
organizations, should consider:
1.
Ensuring that pre- and post-deployment training programmes for all
peacekeeping, peace-building, civilian policing, humanitarian and diplomatic staff
adequately address the issue of trafficking and clearly set out the expected standard
of behaviour. This training should be developed within a human rights framework
and delivered by appropriately experienced trainers.
2.
Ensuring that recruitment, placement and transfer procedures (including those
of private contractors and sub-contractors) are rigorous and transparent.
3.
Ensuring that staff employed in the context of peacekeeping, peace-building,
civilian policing, humanitarian and diplomatic missions do not engage in trafficking
and related exploitation or use the services of persons in relation to which there are
reasonable grounds to suspect they may have been trafficked. This obligation also
covers complicity in trafficking through corruption or affiliation with any person or
group of persons who could reasonably be suspected of engaging in trafficking and
related exploitation.
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