3. Each State Party shall consider implementing measures to provide for the physical,
psychological and social recovery of victims of trafficking in persons, including, in appropriate
cases, in cooperation with non-governmental organizations, other relevant organizations and other
elements of civil society, and, in particular, the provision of:
Protocol Annotation: This provision addresses the most important and urgent needs of
trafficked persons. The language is weak (“shall consider” and “in appropriate cases”) but it
does reflect a consensus that certain services are necessary. Delegates at the negotiations
were unwilling to commit to providing basic or emergency services, despite the efforts of the
Human Rights Caucus. Thus, the burden falls to local NGOs to convince their governments
that these services are always appropriate and necessary in trafficking cases.
NGOs are in the best position to assist with the physical, psychological and social recovery
of trafficked persons and so “cooperation with non-governmental organizations” is essential.
NGOs can assist in providing services and also that they have expertise governments can
use in adopting laws, policies and programs.
Convention section 25.1 below contains stronger language requiring governments to provide
assistance and protection to victims. It could be used to overcome the weakness of section
6.3.