Non punishment provision

The Non Punishment Provision establishes that a victim of trafficking should not be punished for illegal or illicit activities carried out under pressure or coercion from traffickers or as a consequence of the trafficking situation.

This clause is important because victims are often forced, without freedom of choice, to:

  • Enter a country illegally
  • Use false documents
  • Work without a permit
  • Commit crimes for the benefit of traffickers


These are actions that have occurred under the control of traffickers, not of the victim's own free will. In these cases, the law recognises that the responsibility lies with those who exploit, not those who suffer exploitation.

Non-punishment provision helps victims to:

  • Seek help without fear
  • Not be treated as guilty, but as people who need safety and support
  • Access protection and support
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