2. When a State Party returns a victim of trafficking in persons to a State Party of which that
person is a national or in which he or she had, at the time of entry into the territory of the receiving
State Party, the right of permanent residence, such return shall be with due regard for the safety of
that person and for the status of any legal proceedings related to the fact that the person is a victim
of trafficking and shall preferably be voluntary.29
Protocol Annotation: Returns “shall preferably be voluntary” but the Interpretative Note in
footnote 29 makes it clear that they can also be involuntary. However, sections 8.1 and 8.2
also clearly limit involuntary returns to those that are safe and after legal proceedings are
final.
3. At the request of a receiving State Party, a requested State Party shall, without undue or
unreasonable delay, verify whether a person who is a victim of trafficking in persons is its national
or had the right of permanent residence in its territory at the time of entry into the territory of the
receiving State Party.30
4. In order to facilitate the return of a victim of trafficking in persons who is without proper
documentation, the State Party of which that person is a national or in which he or she had the
right of permanent residence at the time of entry into the territory of the receiving State Party shall
agree to issue, at the request of the receiving State Party, such travel documents or other
authorization as may be necessary to enable the person to travel to and re-enter its territory.31
5. This article shall be without prejudice to any right afforded to victims of trafficking in persons
by any domestic law of the receiving State Party.
6. This article shall be without prejudice to any applicable bilateral or multilateral agreement or
arrangement that governs, in whole or in part, the return of victims of trafficking in persons.