Protocol Annotation: Theoretically, section 5.2 could be used to prosecute trafficked
persons who agree to work illegally and to travel with false or no documentation. Trafficked
persons could be accused of “organizing” or “attempting” to traffic or knowingly
“participating” or assisting in their own trafficking, which is not the intention of this section.
The Trafficking Protocol is intended to punish the traffickers only and not the victims. So
domestic legislation should clearly state that a trafficked person is never punishable in
connection with her or his own trafficking. It should also ensure that trafficked persons are
not prosecuted for “trafficking” someone else. For example, if several persons are trafficked
together, none of the victims should be prosecuted as an accomplice to trafficking the other
victims.