The perception of trafficking as a human rights violation, rather than a security issue, has gained prominence in recent years. This has been accompanied by the recognition that trafficked persons should not be seen as offenders, but rather as victims in need of protection and assistance. Along with prevention and prosecution of traffickers, the protection of those victimized by trafficking has become part of a three-pronged approach to the larger fight against trafficking in persons. The 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, recognizes this and includes provisions for the protection of victims.

It is widely accepted that it is extremely difficult to obtain reliable data on the scope and magnitude of people-trafficking. However, the 2004 Trafficking in Persons Report of the US Department of State estimates that each year 600,000 men, women and children are trafficked across international borders. Other estimates of international organizations and NGOs put the number much higher. Asylum seekers and refugees have been identified as populations vulnerable to trafficking.

Just like asylum seekers and refugees, trafficked persons are often in need of protection. Many victims are afraid to return home for fear of retribution from their traffickers, are deeply traumatized by their experience and in need of medical and psychological support. Effective prosecution of traffickers relies, for now, on the cooperation of those trafficked, but providing evidence can put the victim in danger of reprisals. Increasingly, for those countries that have no specific legislation for the protection of trafficked persons, it has been suggested that victims be offered asylum, though it should be emphasized that this should only be used as a last resort for trafficking victims.

Protection programmes have developed substantially over the past decade, and many states now offer victims protected-status visas if they are afraid to return home. Protection of trafficking victims requires that they are identified quickly, and not automatically charged as criminals and/or deported. While asylum systems rely on claimants being aware of their rights, the majority of trafficked persons are unaware that they might be entitled to protection – a fact exploited by traffickers. Proactive identification of trafficking victims by law enforcement and immigration authorities is vital, but the similarity of some trafficking scenarios to smuggling and illegal employment makes this a difficult task. As a result, many countries have created screening processes, established referral mechanisms and trained police and social workers to spot possible trafficking cases.

Though swift action can be critical when prosecuting traffickers, the trauma of the trafficking experience can leave victims unfit to assess their own interest. Some countries, such as Belgium, Germany, Italy and the Netherlands offer victims a short reflection period. They are provided with medical attention, safe shelter, legal advice and time to consider the options available to them. This method offers essential breathing space and may ultimately lead to improved cooperation with the authorities.

Many trafficking victims want to return home immediately. For those who wish to stay, few states offer permanent-residence status. An exception is the United States' T-visa, which allows certain victims of trafficking to remain and, after three years in 'T' status, to apply for permanent residency. But there is a limit to the number of such visas that may be issued each year. More common is a short-term residence permit. While in some countries this permit is renewable, eligibility for renewal is usually linked to criminal proceedings against the trafficker. In the majority of countries where residence permits are available, they are conditional upon the victim's ability and willingness to cooperate with authorities. This puts pressure on a victim afraid to return to his or her country of origin, and can create mistrust between the victim and the authorities. Regardless of whether they cooperate or not, victims need medical, psychological and social support. However, many of the assistance programmes available in destination countries are tied to cooperation with criminal investigations.

Italy provides a model for effective protection of trafficked persons. Temporary residence permits are offered to all victims, regardless of whether they cooperate or not. The six-month permit is renewed for the victims who cooperate, are deemed to be at risk, attending an education programme or employed when the permit expires. Victims can access social services and find jobs, and are required to attend social-assistance and reintegration programmes run by local organizations. It is important to note that encouraging victims to testify – rather than putting pressure on them to do so – has not adversely affected prosecution of traffickers.

Given that there are few channels for permanent settlement in destination countries, the vast majority of victims return home eventually. As a result, countries of origin (in cooperation with NGOs and bodies such as the International Organization for Migration) have begun to develop support programmes for victims who return home.

Avoiding conditionality between protection schemes and counter-trafficking investigations, and offering social assistance at home as well as in host countries, give victims a real choice as to how they rebuild their lives. Trafficking is a modern form of slavery. Freedom to choose is thus a vital element of rehabilitation for victims of trafficking.

Box 1.2 Displacement and natural disasters: the 2004 tsunami

Box 1.4 Prevention and reduction of statelessness