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ensuring that distinctions are made between measures which actually reduce
trafficking and measures which may have the effect of transferring the problem from
one place or group to another.
6.
Recognizing the important contribution that survivors of trafficking can, on a
strictly voluntary basis, make to developing and implementing anti-trafficking
interventions and evaluating their impact.
7.
Recognizing the central role that non-governmental organizations can play in
improving the law enforcement response to trafficking by providing relevant
authorities with information on trafficking incidents and patterns taking into account
the need to preserve the privacy of trafficked persons.
Guideline 4: Ensuring an adequate legal framework
The lack of specific and/or adequate legislation on trafficking at the national
level has been identified as one of the major obstacles in the fight against
trafficking. There is an urgent need to harmonize legal definitions, procedures
and cooperation at the national and regional levels in accordance with
international standards. The development of an appropriate legal framework
that is consistent with relevant international instruments and standards will
also play an important role in the prevention of trafficking and related
exploitation.
States should consider:
1.
Amending or adopting national legislation in accordance with international
standards so that the crime of trafficking is precisely defined in national law and
detailed guidance is provided as to its various punishable elements. All practices
covered by the definition of trafficking such as debt bondage, forced labour and
enforced prostitution should also be criminalized.
2.
Enacting legislation to provide for the administrative, civil and, where
appropriate, criminal liability of legal persons for trafficking offences in addition to
the liability of natural persons. Reviewing current laws, administrative controls and
conditions relating to the licensing and operation of businesses that may serve as
cover for trafficking such as marriage bureaux, employment agencies, travel
agencies, hotels and escort services.
3.
Making legislative provision for effective and proportional criminal penalties
(including custodial penalties giving rise to extradition in the case of individuals).
Where appropriate, legislation should provide for additional penalties to be applied
to persons found guilty of trafficking in aggravating circumstances, including
offences involving trafficking in children or offences committed or involving
complicity by State officials.
4.
Making legislative provision for confiscation of the instruments and proceeds
of trafficking and related offences. Where possible, the legislation should specify
that the confiscated proceeds of trafficking will be used for the benefit of victims of
trafficking. Consideration should be given to the establishment of a compensation
fund for victims of trafficking and the use of confiscated assets to finance such a
fund.
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