Principle 1: Return must be safe The right to leave and return OSCE participating States have committed themselves to “respect fully the right of everyone to leave any country, including his own, and to return to his country.”9 While the right to leave and return is not outlined in anti-trafficking regulations and policies applicable to countries in the OSCE region, they do reflect and incorporate this right into many provisions that relate directly and indirectly to the return of trafficked persons. All victims of trafficking, including both children and adults, who are not residents of the country to which they are trafficked, are entitled to leave any country, including their own, and to return to their country of origin. The right to leave and return is a critical aspect of the broader right to freedom of movement.10 In principle, the right to return is upheld throughout the OSCE area. In practice, however, this right is regularly compromised with respect to trafficked persons. Across the region, there is a general lack of clear legislation and policy for the return of trafficked persons. Only a few participating States have developed specific laws, policies or procedures for the return of trafficked persons. One potential barrier to return is the requirement that trafficked persons participate in criminal proceedings. In some OSCE participating States, victims of trafficking are given the opportunity to leave prior to the conclusion of criminal proceedings. The right to return imposes an obligation on the destination country to permit victims to return without undue or unreasonable delay. In addition, the ICCPR prohibits arbitrary deprivation of this right.11 Accordingly, a state preventing the return of a trafficked person must be able to show, in relation to each individual case, that its actions are in accordance with the law and are not arbitrary or unreasonable. The obligation on states to consider the best interests of the child is also a major consideration when 9  Concluding Document of the Vienna Meeting (Third Follow-up Meeting to the Helsinki Conference), Vienna, (hereafter: 1989 Vienna Document), principles, para. 20, <http://www.osce.org/mc/40881?download=true>. 10  See the Universal Declaration of Human Rights (hereafter: UDHR) (adopted 10 December 1948), UNGA Res 217A (III), art. 13(2); the International Convention on Civil and Political Rights (hereafter: ICCPR) (adopted 16 December 1966), UNGA Res 2200A (XXI), art. 12(2)(4); and the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights (hereafter: ECHR), as amended) (adopted 4 November 1950), protocol 4, art. 3(2). 11  ICCPR, art. 12(4). For a more detailed discussion on the subject of limiting freedom of movement for trafficked persons residing in shelters, see Anne Gallagher and Elaine Pearson, “Detention of trafficked persons in shelters: A legal and policy analysis”, Australian Agency for International Development, 2008, p. 13. Moreover, according to the Human Rights Committee, restrictions on this right must conform to the principle of proportionality (ibid., p. 14). 34 Part 2: Explanatory Report to the Principles