VICTIM IDENTIFICATION POLICIES AND TOOLS

Victim Identification

For a human trafficking response to be effective it is essential for the appropriate authorities in each country to be able to identify victims of human trafficking. Identification of a victim of trafficking by authorities needs to be done in line with the elements of an offense of human trafficking. The elements of an offense are dependent on national laws and vary from country to country.

Under Article 3(a) of the Palermo Protocol, the elements which need to be established to identify whether an individual is a victim of trafficking include:

1. The individual has been subject to one of the following acts (the Act): recruitment, transportation, transfer, harbouring or receipt; and
2. The Act was committed by the following means (the Means): the threat, use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payment or benefits to achieve the consent of a person having control over another person; and
3. The act and means were committed for the purpose of exploitation (the Purpose). Exploitation must include at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

Download the Palermo Protocol on Human Trafficking (English Language) PDF

Go to Human Trafficking Laws Globally Resources

Policies and Tools

Thailand
Scope and Elements of Identification of Trafficked Persons

Following the establishment of the Thai Anti-Trafficking in Persons Act (2008), the Office of Anti-Trafficking in Persons Committee (MSDHS) produced a pamphlet Scope and Elements of Identification of Trafficked Persons. This pamphlet is designed to assist relevant officials to determine whether a person has been trafficked. It identifies the elements required for a person to legally be considered a trafficked person.

Download Scope and Elements of Identification of Trafficked Persons Pamphlet (English Language) PDF

This pamphlet also contains a victim identification preliminary checklist to be used by relevant officials to assist with identifying trafficked persons

Download Preliminary Checklist (English Language) PDF

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Vietnam
Inter-ministerial Circular on Victim Identification

In May 2008, relevant ministries of the Socialist Republic of Vietnam, including the Ministry of Public Police, the Ministry of Defence, the Ministry of Foreign Affairs, and the Ministry of Labour, Invalids and Social Affairs agreed to a inter-ministerial circular Guidelines on Process of Identification and Reception of Trafficked Women and Children from Abroad

This guideline relates only to women and children Vietnamese citizens who are returning from abroad and identifies the legal elements that must be satisfied and sources of information that can be used to identify and verify victim status and details.

Download Inter-ministerial Circular on Victim Identification (English Language) PDF

Go to Vietnam Legal Resources