Reflection on the following :

A. Action has to be taken at many levels and by various actors

Various strategies are needed to address the specific problems at the different stages of the trafficking continuum. Different strategies/actions can be taken by different "actors" :

• the state and state agencies
• NGO's and other "professional" intermediaries and advocates
• local communities
• Ultimately, the most important set of "actors" are the persons who have been or may be trafficked. Their direct participation in these strategies will help them to strengthen and equip themselves to demand and exercise their rights to freedom of movement and to work.

Strategies and actions must be undertaken which are aimed at more structural changes in the long term or medium term, for example legal reforms, and those which are necessary for immediate relief and solutions in the short term, for example, organisation of safe shelters and temporary staying permits.

B. Basic principles for Human Rights Action: participation and self-representation.

In general, strategies and actions which will work to assert and enhance the human rights of trafficked persons should adhere to the fundamental human rights principle of participation of the concerned persons in the action.

Rights remain theoretical, and not real, until a person (or persons) becomes conscious of her or his entitlement, and is able to act to secure or exercise that right. Truly human rights enhancing actions are those undertaken by the affected persons themselves, wherever possible

The best strategies are those which enable the affected persons to express their own grievances, to undertake actions of their own design and to organise, form alliances and obtain the necessary expertise and resources in order to act on their own behalf. This does not mean that, in the initial stage, one cannot act as a channel for others who are in dire need, or advocate for the rights of others in solidarity.

C. International Principles

The UN High Commissioner for Human Rights, Mrs. Mary Robinson, in an address to the International Abolitionists' Federation Conference on Trafficking in Women "Breakdown of Borders", Copenhagen, 2 December 1999, enumerated 10 basic principles in the combat against trafficking:

"In developing detailed responses to each stage of the trafficking cycle it is essential that we keep certain very basic policy principles in mind - guiding principles which can also provide us with a way of measuring the success of anti-trafficking initiatives. In the spirit of advancing the debate on trafficking to the level of the practical and the achievable, my office is in the process of formulating such principles which I would like to present to you for your consideration:

First: The protection of human rights and the dignity of trafficked persons and persons in prostitution must be given the highest priority.

Second, governments must accept responsibility for the problem of trafficking and for the development and implementation of appropriate responses. It is not enough to contend that trafficking is a private wrong - this is an injustice which involves and implicates us all.

Third: the definition of the term "trafficking" in laws, policies and programmes should not be restricted to sexual exploitation but should be extensive enough to cover other identified purposes without ambiguity, such as bonded or forced labour and other slavery-like practices.

Fourth: Traffickers and their collaborators must be prosecuted and adequately penalised - paying full attention to due process rights and without compromising the rights of the victims.

Fifth: Trafficked persons should not be criminalized for the coerced illegality of their entry or residence in countries of transit and destination, or for the coerced activities they perform as a consequence of their status as trafficked persons.

Sixth: Victims of trafficking including those with "irregular" immigration status should be granted protection and necessary physical and mental care by the authorities of the receiving country.

Seventh: Victims of trafficking should be provided legal and other assistance in the course of any criminal, civil and other actions against traffickers/exploiters. Government authorities should be encouraged to provide temporary or permanent residence permits and safe shelter during legal proceedings.

Eighth: The safe return of victims, instead of automatic repatriation, should be ensured, particularly in cases of organized criminal involvement.

Ninth: Women and children should be not treated the same in the identification, rescue and repatriation process. Children have special rights and special needs which must be recognized and protected.

And finally: Efforts must be made to address the root causes of trafficking, including poverty, inequality, discrimination and racism.