International legal standards regulate co-operation between states, as well as between
the relevant state and non-state counterparts within a state. However, the practice
of monitoring remains vaguely regulated. While the UNTOC and the UN Trafficking
Protocol both focus mainly on inter-state co-operation among law enforcement agencies,379 the UN Trafficking Protocol also recommends co-operating with NGOs and
civil society in providing assistance to victims.380
The Council of Europe imposes a range of obligations on countries of origin and destination to co-operate and collaborate with one another at each stage of the return process. As recognized by the Council of Europe Trafficking Convention, co-operation is
particularly important when attempting to confirm the identities of and provide identity documents and travel authorizations to trafficked persons.381 It requires countries
of origin to confirm a victim’s nationality or residency status, and to issue the necessary travel documents or other authorization to allow the victim to travel and re-enter
the country of origin.382 It further requires States Parties to adopt legislative or other
measures to establish return programmes that involve the relevant national or international institutions and non-governmental organizations,383 and encourages states
to establish strategic partnerships with NGOs and civil society towards achieving the
aims of the convention.384
The OSCE affirms the critical importance of effective co-operation among relevant
actors in countries of origin, transit and destination in the return and reintegration
of victims of trafficking. It recommends that states establish national referral mechanisms to facilitate co-ordination and strategic partnership between states, civil society and other actors working to protect and promote the human rights of trafficked
persons.385 The OSCE draws particular attention to the need for enhanced co-operation between police and NGOs in identifying, informing and protecting victims, as
well as for co-operation with and between embassies and consulates for the speedy
verification of personal data.386 In this regard, national referral mechanisms should
serve to strengthen co-operative arrangements at the national, regional and international level among law enforcement personnel, labour inspectorates, social protection units, medical institutions, immigration and border service officials, civil society
organizations, victim support services and the business community.387 In addition,
participating States should, through national referral mechanisms or other relevant
379 UNTOC, art. 27; UN Trafficking Protocol, arts. 9(4), 11(6). Article 9(5) of the UN Trafficking Protocol also
discusses bi- and multi-lateral co-operation to reduce demand.
380 UN Trafficking Protocol, art. 6(3), also repeated in arts. 9(3) and 10(2).
381 Council of Europe Trafficking Convention, art. 16(4).
382 Council of Europe Trafficking Convention, art. 16.
383 Council of Europe Trafficking Convention, art. 16(5). See also articles 32-34 of the Convention.
384 Council of Europe Trafficking Convention, art. 35.
385 OSCE Ministerial Council, “Declaration On Trafficking in Human Beings”, Porto, 7 December 2002 (MC(10).
JOUR/2), < http://www.osce.org/odihr/23862?download=true>; OSCE Action Plan, part V, Para. 3(1). For more
information on national referral mechanisms, see OSCE/ODIHR, National Referral Mechanisms.
386 OSCE Action Plan, part V. para. 5.2.
387 OSCE Ministerial Council Decision No. 14/06, para. 2.
Part 2: Explanatory Report to the Principles
93
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents