Another central feature of the Protocol is the strong border control
measures. State Parties are required to strengthen border controls in order to
detect and prevent trafficking in persons. Regulations must be implemented that
prevent the illegal transport of persons on commercial carriers. The Protocol also
creates obligations on States Parties to repatriate victims of human trafficking,
and to exchange information and issue documentation to this end.
In contrast, the provisions providing protection for victims are thin.
Assistance to and protection of victims of trafficking is only required in
"appropriate cases and to the extent possible," 27 providing states parties with enough wiggle room to essentially make the requirement a discretionary one.
Temporary resident permits are also left up to the discretion of states, requiring
them only to "consider adopting" measures "in appropriate cases." 28 Bruch
points out that "[n]ot only is there little protection for victims, but there is also
very little role for them to play - other than as subjects of stories that evoke shock
and pity - in asserting or protecting their rights and interests." 29
The law enforcement approach provides limited protections for human
rights, while simultaneously implicating human rights in several important
ways.30 And "[i]n their zeal to combat trafficking, many states adopted laws
restricting the freedom of movement of migrants, particularly female
migrants."3' States have also made social assistance and residency rights
contingent on cooperation with prosecuting traffickers