A/CONF. 187/1 enforcement agencies seemed to recognize fully the bru- cooperation is needed to facilitate the protection of tality of the crime or address the involvement of organized witnesses and the implementation of protection criminal groups, trafficking in human beings was often programmes across borders. A number of regional black-market labour rather than de Oreign prostitution"or organizations, such as the Counci consent of the trafficked person was presumed; the problem protection was dismissed as an abuse by private individuals for which 30. Many victims of trafficking in human beings are States had no responsibility; and the laws that were detained by the receiving State, for violation of immi- enfor ced were far more likely to be enforced against the trafficked persons than against the perpetrator of the gration laws, for prostitution, or even as witnesses. Illegal trafficking crimes. I3 migrants who are detained by the receiving State have a ecognized right under international law to be treated with 28. Law enforcement agencies have often argued that it humanity and dignity, both before and after the determina- is difficult for them to prosecute trafficking offences under tion of the lawfulness of their detention. 5Trafficked the current system in many countries. It is difficult to persons who are arrested do not necessarily receive the convict a trafficker if the key witness has already been assistance that they need and are entitled to under inter- deported. Immigration laws, policies and procedures national human rights instruments. Their almost automatic should ensure that the victimization of trafficked persons deportation as illegal migrants also compounds the pro- transit or source State. In many cases, strict immigration identified as such laws and procedures relating to the deportation of illegal 31. A few countries have specific legislation permitting migrants or workers hamper efforts to prosecute trafficking atemporary stay for victims of trafficking. Suchlegislation crimes and to protect the human rights of victims. The threat of immediate deportation prevents victims from is meant to allow the victim of a crime involving seeking help from police or other authorities; and victims trafficking to become a temporary resident and to receive assistance while cooperating with law enforcement. Some who are arrested or otherwise escape ther traffickers do countries have institutionalized policies for assisting not receive the assistance or protection that they need Those attempting to assist victims of trafficking are reluc- victims of trafficking offences and offer a temporary stay of deportation while the victim decides whether to partici tant to cooperate with law enforcement. Effective law pate as a witness in criminal proceedings. Not surprisingly, enforcement is severely undermined because victims are those countries have reported significant increases in wit- when reasonably good laws exist, trafficking in persons The United Nations High Commissioner for Human Rights remains a relatively low law enforcement priority in a has expressed the view that, at a very minimum, the identi number of countries. As it is generally assumed that fication of an individual as a trafficked person should be organized crime in general and trafficking in women and sufficient to ensure that immediate expulsion that goes without the collusion of officials, specific measures to against the will of the victim does not occur and that pro- tection and assistance are offered combat corruption are 32. Specific measures are required to raise public aware- 29. In some countries there are already extensive witness ness of the seriousness of the impact of certain forms of rotection programmes. But in many countries where the transnational organized crime, in particular trafficking in incidence of serious crime is not high, such programmes do women and children. Specific measures are also required not exist. There is a need to explore ways and means of giving the protection needed in each individual case. The to inform potential victims of such trafficking of the risk that they face. In a number of countries it would appear many problems that arise relate, inter alia, to the specific that state-sponsored programmes are virtually non-existent, circumstances in different countries. When designing a that public awareness about trafficking re framework of measures to combat organized crime, that the requisite resources for such programmes are not specific rules of procedure should be adopted to cope with available the intimidation of witnesses. Moreover. internationalA/CONF.187/12 7 enforcement agencies seemed to recognize fully the bru￾tality of the crime or address the involvement of organized criminal groups; trafficking in human beings was often regarded as nothing more than “foreign prostitution” or black-market labour rather than as a form of slavery; the consent of the trafficked person was presumed; the problem was dismissed as an abuse by private individuals for which States had no responsibility; and the laws that were enforced were far more likely to be enforced against the trafficked persons than against the perpetrator of the trafficking crimes.13 28. Law enforcement agencies have often argued that it is difficult for them to prosecute trafficking offences under the current system in many countries. It is difficult to convict a trafficker if the key witness has already been deported. Immigration laws, policies and procedures should ensure that the victimization of trafficked persons is not compounded by the intervention of the destination, transit or source State. In many cases, strict immigration laws and procedures relating to the deportation of illegal migrants or workers hamper efforts to prosecute trafficking crimes and to protect the human rights of victims. The threat of immediate deportation prevents victims from seeking help from police or other authorities; and victims who are arrested or otherwise escape their traffickers do not receive the assistance or protection that they need. Those attempting to assist victims of trafficking are reluc￾tant to cooperate with law enforcement. Effective law enforcement is severely undermined because victims are unwilling or unable to testify against traffickers. Even when reasonably good laws exist, trafficking in persons remains a relatively low law enforcement priority in a number of countries. As it is generally assumed that organized crime in general and trafficking in women and children in particular cannot occur on the scale that they do without the collusion of officials, specific measures to combat corruption are required. 29. In some countries there are already extensive witness protection programmes. But in many countries where the incidence of serious crime is not high, such programmes do not exist. There is a need to explore ways and means of giving the protection needed in each individual case. The many problems that arise relate, inter alia, to the specific circumstances in different countries. When designing a framework of measures to combat organized crime, specific rules of procedure should be adopted to cope with the intimidation of witnesses. Moreover, international cooperation is needed to facilitate the protection of witnesses and the implementation of protection programmes across borders. A number of regional organizations, such as the Council of Europe14 and the European Union, have been active in the area of witness protection. 30. Many victims of trafficking in human beings are detained by the receiving State, for violation of immi￾gration laws, for prostitution, or even as witnesses. Illegal migrants who are detained by the receiving State have a recognized right under international law to be treated with humanity and dignity, both before and after the determina￾tion of the lawfulness of their detention.15 Trafficked persons who are arrested do not necessarily receive the assistance that they need and are entitled to under inter￾national human rights instruments. Their almost automatic deportation as illegal migrants also compounds the pro￾blem. Many victims are deported without having even been identified as such. 31. A few countries have specific legislation permitting a temporary stay for victims of trafficking. Such legislation is meant to allow the victim of a crime involving trafficking to become a temporary resident and to receive assistance while cooperating with law enforcement. Some countries have institutionalized policies for assisting victims of trafficking offences and offer a temporary stay of deportation while the victim decides whether to partici￾pate as a witness in criminal proceedings. Not surprisingly, those countries have reported significant increases in wit￾ness testimony and successful prosecution of traffickers. The United Nations High Commissioner for Human Rights has expressed the view that, at a very minimum, the identi￾fication of an individual as a trafficked person should be sufficient to ensure that immediate expulsion that goes against the will of the victim does not occur and that pro￾tection and assistance are offered.16 32. Specific measures are required to raise public aware￾ness of the seriousness of the impact of certain forms of transnational organized crime, in particular trafficking in women and children. Specific measures are also required to inform potential victims of such trafficking of the risk that they face. In a number of countries it would appear that state-sponsored programmes are virtually non-existent, that public awareness about trafficking remains low and that the requisite resources for such programmes are not available