PART 2.1 Rapporteur on trafficking.139 A human rightsbased approach to trafficking requires steps to be taken to ensure that procedures are in place to prevent, monitor and redress such “collateral damage”. Principle 3 directly builds on Principle 1 by confirming that measures taken to combat and prevent trafficking must not undermine or otherwise negatively affect human rights. This Principle, restated in Guideline 1, implicitly recognizes that actions taken in the name of responding to trafficking can have an adverse impact on the rights of a range of persons including, but not limited to, those who have been trafficked. The principle recognizes that certain groups are in particular danger of having their rights compromised through the application of anti-trafficking measures. The leading international legal instrument on trafficking explicitly confirms Principle 3. Article 14 of the Trafficking Protocol states: Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol See, for example, “Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development: Report submitted by the Special Rapporteur on trafficking in persons, especially women and children, Joy Ngozi Ezeilo” (A/ HRC/10/16, paras. 32, 39 and Part V, conclusions and recommendations); E/CN.4/2006/62, paras. 90-91; E/CN.4/2005/71, paras. 10-11, 17, 24, 26. See also the following country mission reports of the Special Rapporteur on the human rights aspects of the victims trafficking in persons, especially women and children: Bahrain, Oman and Qatar (A/HRC/4/23/Add.2, paras. 65-68, 72-74, 81, 84, 95); Lebanon (E/CN.4/2006/62/ Add.3, paras. 89, 91-95); Bosnia and Herzegovina (E/ CN.4/2006/62/Add.2, paras. 80, 87-88). relating to the Status of Refugees and the principle of non-refoulement as contained therein.140 A non-exhaustive list of examples of antitrafficking measures that could be expected to affect rights negatively is provided in box 9, below. The Commentary considers a number of these situations at various points. For example, the detention and criminalization of trafficked persons and others is briefly referred to below in the context of a discussion on the right to freedom of movement, and is examined in detail under Principle 7 and related guidelines. The issue of forced repatriation is considered below in the context of the principle of nonrefoulement as well as more generally under Principle 11 and related guidelines. Violations of the rights of persons suspected or convicted of trafficking-related offences are explored under Principles 13 and 15 and related guidelines. The following sub-sections highlight several human rights that are particularly at risk through the application of anti-trafficking measures: the prohibition of discrimination; the right to freedom of movement; and the right to seek and receive asylum from persecution. 139 84 On the specific issues of asylum, refugee status and non-refoulement, see the discussion under section 3.4, below. See also Trafficking Principles and Guidelines, Guideline 1.9, which calls on States and other relevant actors to ensure that bilateral, regional and international cooperation agreements and other laws and policies concerning trafficking in persons do not affect the rights, obligations or responsibilities of States under international law, including human rights law, humanitarian law and refugee law. 140 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING