The expert meetings, research and outreach work pointed to a lack of available guidance, in particular for government and civil society actors, regarding the standards
that apply to the process of returning trafficked persons. To address this challenge
and to promote policies, procedures and practices on return that comply with human
rights standards in the OSCE region, ODIHR began developing these Guiding Principles
on Human Rights in the Return of Trafficked Persons (hereafter: Guiding Principles) for
stakeholders involved in the process of returning victims of trafficking.
The voluntary return of a trafficked person should always be the preferred option.
A trafficked person does not have the right per se to remain in a destination country
over the long term. As such, the person will probably be faced at some point with
the obligation to leave the country of destination. Therefore, these guiding principles
focus specifically on situations of non-voluntary return, when trafficked persons must
return or be returned.
The proper identification of victims of trafficking is a crucial process, without which
it is impossible to provide them with assistance and protection. This document does
not deal with issues related to the process of identification per se, but focuses instead
on the return of those who have been accurately identified as victims of trafficking
by the relevant structures. Nevertheless, the importance of adequately identifying
victims is briefly discussed in the context of the need for co-operation and communication between systems handling irregular migrants and those tasked with assisting
trafficking victims.
This publication is divided in two parts: Part 1 establishes the guiding principles, while
Part 2 provides a detailed explanation of the basis of the guiding principles. The seven
guiding principles established in Part 1 are derived from international standards applicable in the OSCE region. Each principle is presented concisely and highlights key considerations and recommendations for state authorities and civil society bodies.
The guiding principles are not presented in any particular order of importance. Therefore, no single principle should be examined alone, but should be considered together
with the other principles. However, Principle 1, which requires the safe return of trafficked persons, represents the cornerstone of the return process. The same principle
also details the manner in which a return should be conducted, specifically addressing
issues such as dignity, privacy and non-discrimination. Similarly, Principle 7 highlights the importance of co-operation between state authorities and agencies within
and between returning and receiving countries, a necessary precondition for the successful implementation of the other guiding principles.
Part 2 elaborates the guiding principles and explains the international legal standards underpinning each. As such, it could serve as a particularly useful resource for
civil society organizations when advocating for victims’ rights and campaigning for
changes to policies, practices or legislation regarding the return of trafficked persons.
Guiding Principles on Human Rights in the Return of Trafficked Persons
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