as “a process through which an individual can develop her/his ability to stand independently, make her/his own decisions and show control over her/his life. It implies
the involvement and active participation of trafficked persons, as opposed to treating
them as passive victims.”335 In this vein, the group recommends that individually tailored assistance plans be developed with the victim and revised throughout the implementation process to ensure the plan’s ongoing relevance to the victim’s needs.336
The ultimate aim of the re-integration process following a trafficked person’s return
should be her/his full access to fundamental rights and to the opportunities and
resources necessary to participate in economic and social life, including being able to
secure a standard of living that is considered acceptable in the society in which they
live.337
In contrast to cases involving children, there is no standard requiring states to try to
find durable solutions for adult victims of trafficking. While the return of an adult victim of trafficking should, ideally, also represent a durable solution, more often than
not it merely involves the removal of a person with no legal grounds to remain on the
territory of the destination country. This often means that, once returned, adult victims end up being re-trafficked.
When seeking durable solutions, states can draw on good practices in the sphere of
internally displaced persons.338 Of particular relevance are the criteria used to determine when a durable solution has been achieved, namely: safety and security; an
adequate standard of living; access to livelihoods; restoration of housing/land/property; access to documentation; family reunification; participation in public affairs;
and access to effective remedies and justice.339 An additional criterion that encompasses all of the above is the principle of non-discrimination – that persons are not discriminated against either as a result of their displacement or on any other grounds.340
335 The Group of Experts further notes that the active participation of the victim in the planning and implementation of her or his reintegration is critical to ensuring that the programme is both victim-centred and viable (see
Report of the EU Group of Experts, “Explanatory Paper 13: Return and social inclusion”, p. 197).
336 ICMPD TRM Guidelines, p. 69. Such a plan may include accommodation, social and psychological counselling, legal counselling and assistance, medical assistance, social and health services, language training, educational activities, vocational training, employment counselling, job placement assistance, income-generating
programmes, family/community-reintegration measures, family mediation, recreational activities, financial assistance and case monitoring and evaluation.
337 ICMPD TRM Guidelines, p. 68.
338 See, for example, “Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development”, Report of the Representative of the Secretary-General on the human
rights of internally displaced persons, Walter Kalin. Addendum: Framework on Durable Solutions for Internally Displaced Persons, 29 December 2009, A/HRC/13/21/Add.4.
339 Ibid., para. 53.
340 Ibid., para. 54. See also paras. 56, 62 and 71-72 on measuring key criteria for ensuring a durable solution.
Part 2: Explanatory Report to the Principles
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents