Return of Trafficked Persons
Basic Principles
Nataliya Oliynyk, ODIHR Anti-Trafficking Officer
ODIHR Guiding Principles on the
return of trafficked persons – a bit of
history and context
1. Return must be safe
• Voluntariness
• Safety
• Risk assessment
• Needs assessment
2. Due Process
• Decision to return - lawful and
individualized
• Rights of the trafficked person
respected
• Comprehensive information and
right to appeal provided
3. Protection measures when
return is impossible
• Short-term residence permit:
– Linked to ongoing judicial proceedings
– On humanitarian and other grounds
• Long-term residence permit:
–
International/subsidiary protection
– Cooperation with authorities in criminal
proceedings
4: Return of child victims
• Child – up to 18 years
• Presumption the victim is a child in case of
doubt about age
• Durable solution (in CoO or CoD)
• Best interest of the child
• Involvement of the child in decision-making
• Temporary residence on humanitarian grounds
until return is possible
• Guardian and support in integration/reintegration
5. With no further harm towards
durable solution
• Re-victimization is a risk which could
exclude return
• Pre-return detention of trafficked persons
should be avoided
• Non-discrimination
• Re-entry ban is a punishment and should
not be imposed
• Reintegration based on needs assessment
6. Return not to hamper access to
effective remedies
• Reparations
• Protection
7. Cooperation and monitoring
• NRM
• TRM
• Monitoring by CoD and CoO
agreed with the trafficked
person
THANK YOU!
[email protected]