of a return order during the reflection period, during which time identification procedures are finalized and victims are provided with assistance to help them recover.100 The reflection period A significant number of OSCE participating States have in place legal or policy provisions that grant trafficked persons time to recover and reflect on their experiences, as well as the right to remain in the destination country during legal proceedings and, in some cases, access to assistance. The effectiveness of procedures designed to regularize a victim’s status depends on the capacity of those responsible for administering them. In some countries, decisions concerning a victim’s status are taken by law enforcement officers, immigration officers and personnel from other front-line agencies.101 An increasing number of states in the OSCE region offer a reflection and recovery period to trafficked persons (and presumed victims), who would otherwise not have the right to remain in the country. The importance of providing reflection and recovery periods to victims of trafficking is outlined in several OSCE documents. The OSCE Action Plan suggests that periods of reflection are needed to allow victims to decide whether or not to act as witnesses during legal proceedings.102 In line with the OSCE commitments, participating States should provide victims with a reflection period103 and ensure that deportation is not enforced during the reflection and recovery period.104 The concept of a reflection and recovery period was not well established at the time the UN Trafficking Protocol was drafted and, therefore, it is not reflected in that instrument. However, it is included and clarified in the Council of Europe Trafficking 100  Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities, 2004 OJ L 261, pp. 19 – 23, art. 6(2). While the EU Return Directive sets out the procedures for the return of third-country nationals illegally present in EU member states, it does not fully define “illegally staying third-country nationals”, nor does it provide any guidance to states on how or under what standards persons are to be assessed as falling within its scope. It is clear, however, that persons with an entitlement to be recognized as having been trafficked (and thereby to legal recognition of at least a temporary right to stay) do not fall within its scope of application, at least until any trafficking-related right to stay expires or is terminated. 101  Regarding participating States who are EU member states, the European Commission has noted problems with regard to failure to assign responsibility for informing victims of temporary residence options, and failure to specify the content of such information; failure to identify victims, leading to the detention of victims as irregular migrants; requiring the presentation of identity documents as a pre-requisite for issuing residence permits; failure to make specific provisions for psychological assistance; failure to introduce explicit provisions for the safety and protection of victims; failure to specifically provide for the best interests of the child to be given due account; and lack of targeted social assistance programmes (see European Commission, Report from the Commission on the application of Directive 2004/81, COM(2010) 493 final, p. 10). 102  OSCE Action Plan, part V, para. 8.1; and the 2013 Addendum to the OSCE Action Plan, part IV, paras. 2 and 2.3. 103  OSCE Ministerial Council, Decision No. 8/07, “Combating Trafficking in Human Beings for Labour Exploitation”, Madrid, 30 November 2007, para. 2, <http://www.osce.org/mc/29464?download=true>. 104  OSCE Ministerial Council Decision No. 5/08, “Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach”, Helsinki, 5 December 2008, para. 5, <http://www.osce.org/ mc/36545?download=true>. 50 Part 2: Explanatory Report to the Principles