(formerly the Commission on Human Rights) have called on Governments to ensure the “protection” of victims of trafficking309 and, more recently, have identified an obligation to provide such protection.310 The Human Rights Committee has repeatedly called for victim protection so as to enable victims to testify against the perpetrators of trafficking.311 The precise content of the obligation to protect from further harm will depend on the circumstances of each case. The standard of due diligence, discussed at various points throughout this Commentary, will certainly require States to take reasonable measures Human Rights Council resolution 7/29 on the rights of the child, para. 36 (“Calls upon all States…to address effectively the needs of victims of trafficking…including their safety and protection”); General Assembly resolution 61/144, para. 17 (“Invites Governments to take steps to ensure that criminal justice procedures and witness protection programmes are sensitive to the particular situation of trafficked women and girls … and to ensure that during [the criminal justice process] they have access to protection”); Commission on Human Rights resolution 2005/44 on the rights of the child, para. 32; General Assembly resolution 59/166, para. 17; Commission on Human Rights resolution 2004/45, Trafficking in Women and Girls, para. 10 (“Calls upon Governments to criminalize trafficking in persons…while ensuring protection and assistance to victims of trafficking”); and General Assembly resolution 58/137, para. 6 (“Also invites Member States to adopt measures…to provide assistance and protection to victims of trafficking”) and para. 7 (“Further invites Member States, as appropriate, to develop guidelines for the protection of victims of trafficking before, during and after criminal proceedings”). 309 See, for example, General Assembly resolution 61/180, preamble (“Member States have an obligation to provide protection for the victims”). to this end. In most situations, reasonable protection from harm will require a positive and immediate action on the part of the State to move the trafficked person out of the place of exploitation to a place of safety. It is also likely that protection from further harm will require attention to the immediate medical needs of the victim. Risk assessment may be required to determine whether victims are at a particular risk of intimidation or retaliation. Risk assessment should take into account the individual profile of the trafficked person and should also be situationally appropriate. For example, the nature and level of any risk to a trafficked person may change if and when that person decides to speak with law enforcement, participates as a witness in a criminal trial, declines to speak or act as a witness, etc. Measures to protect victims from further harm should be used only with the consent of the beneficiary.312 The aim of protection will also change depending on the stage at which this issue arises. The immediate obligation to protect from further harm relates, of course, to the victim. However, once criminal justice agencies become involved, the obligation will naturally extend to others who could potentially be harmed or intimidated by traffickers and their accomplices. In addition to victims, this list would potentially include informants, those giving testimony, those providing support services to the trafficked person, and family members.313 310 Human Rights Committee, concluding observations: Kosovo (Serbia) (CCPR/C/UNK/CO/1, para. 16); Brazil (CCPR/C/BRA/CO/2, para. 15); Slovenia (CCPR/ CO/84/SVN, para. 11); Thailand (CCPR/CO/84/ THA, para. 21); Kenya (CCPR/CO/83/KEN, para. 25); Albania (CCPR/CO/82/ALB, para. 15); Serbia and Montenegro (CCPR/CO81/SEMO, para. 16); Latvia (CCPR/CO/79/LVA, para. 12); Russian Federation (CCPR/CO/79/RUS, para. 10); Slovakia (CCPR/ CO/78/SVK, para. 10). Finally, it is important to acknowledge that the agents of the State may be a source of further 311 While the Trafficking Protocol is not specific on this point, the Explanatory Report on the European Trafficking Convention explicitly states that consent to protective measures is essential except in extreme circumstances such as an emergency where the victim is physically incapable of giving consent (para. 289). 312 See, for example, the European Trafficking Convention, art. 28. 313 COMMENTARY 145