Protection of Victims of Trafficking in Persons

1. Each Party s hall e stabli sh national guidelines or pro c edures fo r th e proper identifica t ion of victi m s of 1. Each Party s hall e stabli sh national guidelines or pro c edures fo r th e proper identifica t ion of victi m s of

in persons ,

and where appropriate ,

may

collaborate with relevant non-governmental victim assistance organ i sations .

In a case where the trafficking takes place in more than . one country , each Party shall respect and recognise the identification of victims of trafficking in person made by the competent authorities of the receiving Party .

3 . Unless the victim otherwise informs , such identification shall be notified to the sending Party without unreasonable delay by the receiv i ng Party .

4 . Each Party shall cons i de r adopting legislative or other

appropriate measures that permit victims of t r affick i ng i n persons to remain in its territory, temporarily or permanent l y , in appropriate cases. Each Party shall give appropriate consideration to humanitar i an and compassionate factors to this end .

5. Each Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory .

6. In appropriate cases and to the e x tent possible under its domestic laws , each Party shall protect the privacy and

identity of victims of trafficking in persons , inclu d ing , i nter

alia, by making legal proceedings relating to such traffic k ing confidential.

7 . Each Party shall , subject to its domestic laws , r u l es , regulations and policies, and in appropriate cases, consider not holding victims of trafficking in persons criminally or administratively liable , for un l awful acts committed by them , if

such acts are directl yr elated to th e acts of tra ffi c ki ng .

8 . Each Party shall not un r easonably hold pe r so n s who

ha v e been ident i f i ed by its c ompetent authorities as v i ct ims

of traff icki ng in persons i n detention or in p ri so n, p ri o r t o , of traff icki ng in persons i n detention or in p ri so n, p ri o r t o ,

9. Each Party shall commun i cate to identified vict i ms of trafficking in persons within a reasonable period , informat i on on the nature of protect i on , ass i stance and support to which they are entitled to under domestic laws , and under this Convention.

10 . Each Party shall , where applicable , provide care and support to vict i ms of traff i cking in pe r sons , including i n appropriate cases , in cooperation w i th relevant non - governmental organisations, other organisations , and other elements of civil society , in the following :

a. Appropriate housing ;

b. Counselling and info r mation , in particular as regards their legal rights , in a language that t he vict i ms of trafficking in persons can understand ;

c. Medical , psychological and material assistance ; and

d . Employment, educational and training opportunities .

11. Each Party shall make its best effort to assist in the reintegration of victims of trafficking in persons i n t o the society of the sending Party.

12 . Each Party shall , take into account , in applying the prov i sions of this Article , the age , gender a nd special n eeds of v i ctims of t r afficking i n persons, in particular the special needs of children.

13 . Each Pa rt y shall ensure that its domest i c l egal s y ste m

contains measures that offe r victims of trafficking i n persons

the possibility of obtain i ng com p ensat i on f or damage

suffered .

14. Each Party shall make provisions for appropriate funds to be allocated , i nclud i ng where applicable , establishing national trust funds , for the care and support of v i ctims of trafficking i n persons.

Article 15 Repatriation and Return of Victims

1 . The Party of which a victim of trafficking in persons is a national or in which the person had t he right of permanent residence at the time of entry into the ter r itory of the receiving Party shall facilitate and accept , w i th due regard for the safety of that person , the return of that person without undue or unreasonable delay .

2. When a Party returns a victim in accordance w i th Paragraph 1 of this Article, such return shall be with due regard for the safety of that person and for the status of any legal proceedings related to the fact that the person i s a victim of trafficking in persons.

3. In accordance with Paragraphs 1 and 2 of this Article , at the request of a receiving Party , a requested Party shall , without undue or unreasonable delay, ve ri fy whether a person is its nat i onal or permanent resident , whichever is applicable , at the time of e n try into the territory of the receiving Party .

4 . In order to facilitate the return of a v i ctim of trafficking in persons who is without proper documentation , the Party o f which that person i s a national or in which he o r she had the right of permanent res i dence at the time of entry into the territory of the receiving Party shall agree to issue , at the

request of t he r eceiving Part y , such travel docum e nts or

other authorisa t ion as may be nece s sa ry to enable the person to travel to and re-ente r its territory .

5 . Each Part y shal l adopt such legislat i ve or o t her measures as ma y

be necessa ry t o estab l ish r e p at r i at i on be necessa ry t o estab l ish r e p at r i at i on

6 . This Article shall be without prejudice to any rights afforded to victims of trafficking in persons by any domestic laws of the receiving Party .

7 . This Article shall be without prejudice to the provisions of any applicable bilateral or multilateral agreement or immigration arrangements that provide for more favourable r ights and privileges to victims of trafficking in persons.

Chapter V Law

Protection of Victims of Trafficking in Persons