E/2002/68/Add.1
5.
Ensuring that trafficked persons are not prosecuted for violations of
immigration laws or for the activities they are involved in as a direct consequence of
their situation as trafficked persons.
6.
Ensuring that trafficked persons are not, in any circumstances, held in
immigration detention or other forms of custody.
7.
Ensuring that procedures and processes are in place for receipt and
consideration of asylum claims from both trafficked persons and smuggled asylum
seekers and that the principle of non-refoulement is respected and upheld at all
times.
Guideline 3: Research, analysis, evaluation and dissemination
Effective and realistic anti-trafficking strategies must be based on accurate and
current information, experience and analysis. It is essential that all parties
involved in developing and implementing these strategies have and maintain a
clear understanding of the issues.
The media has an important role to play in increasing public understanding of
the trafficking phenomenon by providing accurate information in accordance
with professional ethical standards.
States and, where appropriate, intergovernmental and non-governmental
organizations, should consider:
1.
Adopting and consistently using the internationally agreed definition of
trafficking contained in the Palermo Protocol. 6
2.
Standardizing the collection of statistical information on trafficking and related
movements (such as migrant smuggling) that may include a trafficking element.
3.
Ensuring that data concerning individuals who are trafficked is disaggregated
on the basis of age, gender, ethnicity and other relevant characteristics.
4.
Undertaking, supporting and bringing together research into trafficking. Such
research should be firmly grounded in ethical principles, including an understanding
of the need not to re-traumatize trafficked persons. Research methodologies and
interpretative techniques should be of the highest quality.
5.
Monitoring and evaluating the relationship between the intention of antitrafficking laws, policies and interventions, and their real impact. In particular,
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6
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children (Palermo Protocol), supplementing the United Nations Convention against
Transnational Organized Crime, defines trafficking in persons as: “... the recruitment,
transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery,
servitude or the removal of organs (article 3 (a)). The Protocol further states that the
recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of
exploitation shall be considered “trafficking in persons” even if this does not involve any of the
means set forth above (article 3 (c)).
7