Foreword
Trafficking in human beings represents both a serious human rights violation and a
threat to freedom and security. OSCE participating States experience all stages of trafficking – as origin, transit or destination countries, or as a combination of some or all
of these. As such, the return of trafficked persons is a concern for all states, whether
as returning or receiving countries.
Ensuring the safe return of trafficked persons and preventing their re-victimization
is, moreover, a key component in the fight against trafficking. As such, it requires
the co-ordinated response of state actors, law enforcement agencies and civil society
organizations of the countries concerned, as well as the co-operation of international
actors and organizations.
The OSCE provides a unique forum for states to respond to and co-operate in the fight
against trafficking in human beings, including on the issue of return. The OSCE Office
for Democratic Institutions and Human Rights (ODIHR) has introduced a number of
pioneering initiatives aimed at strengthening the protection of the human rights of
victims of trafficking. In particular, ODIHR has assisted participating States in the
creation of national referral mechanisms, drawing on guidance provided in ODIHR’s
National Referral Mechanisms – Joining Efforts to Protect the Rights of Trafficked Persons: A Practical Handbook (2004). With its 2008 publication on Compensation for Trafficked and Exploited Persons in the OSCE Region, ODIHR paved the way in promoting
trafficked persons’ access to justice and effective remedies, including compensation.
The final responsibility for protecting and assisting victims of trafficking, however,
lies with the state. This applies from the moment state authorities know – or should
know – that a person within its jurisdiction is a victim, or presumed victim, of trafficking. That responsibility continues at least up until the victim’s immediate protection
and support needs are met. At that point, other obligations, such as those related to
remedies, the regularization of status and the right to return, may continue to entail
responsibilities of protection and support. This principle is applicable to all countries,
regardless of whether they are countries of origin, transit or destination.
In recognition of their responsibility to combat human trafficking, the OSCE participating States have developed a comprehensive normative framework for combating trafficking, laid down in the 2003 Action Plan to Combat Trafficking in Human
Beings, the 2005 Addendum focusing on child victims of trafficking, and the 2013
Addendum addressing the emerging trends and most pressing challenges, as well as
Guiding Principles on Human Rights in the Return of Trafficked Persons
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