A/HRC/56/60 53. Victims of trafficking encounter significant difficulties in securing access to remedies, including compensation. Those difficulties include limited access to legal aid and interpretation services on disembarkation, and failures in law enforcement investigations. Compensation is rarely awarded to victims due to the absence of State compensation funds, the lack of confiscated assets from perpetrators of the crime and the lack of legal assistance to secure compensation for victims. Ensuring effective investigations requires prompt measures by States, including by flag and port States and rescue coordination centres, and effective international cooperation, including enhanced mutual legal assistance. XI. Role of human rights defenders and civil society 54. The Special Rapporteur expresses serious concern at the criminalization of human rights defenders assisting migrants and refugees in distress and on disembarkation. The Special Rapporteur notes the concerns raised in relation to Act No. 4825/2021 adopted in Greece, which imposes limitations on private persons and non-governmental organizations volunteering to work on search and rescue operations, which have been described as a “de facto prohibition of civilian search and rescue”.71 The Special Rapporteur notes the reports of the third cycle of the universal periodic review that included concerns in relation to: the legal framework for migrants’ rights defenders; and the situation of those involved in search and rescue activities.72 55. The Special Rapporteur stresses the importance of ensuring an enabling environment for civil society and protection of human rights defenders, including those defenders assisting migrants and refugees. Policies and practices to combat trafficking in persons frequently refer to partnerships with civil society. The importance of partnerships with civil society is included in international and regional instruments relating to trafficking in persons, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, which specifically includes provision for cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, in the provision of assistance to and protection of victims (art. 6 (3)). 56. Civil society actors who protect the safety and rights of migrants, including trafficked persons and those at risk of trafficking, are human rights defenders and entitled to the full protection of the international human rights system. Indeed, the Global Compact for Safe, Orderly and Regular Migration recognizes their contributions to ensuring safe, orderly and regular migration. 73 However, threats and risks to those human rights defenders are particularly acute in the context of mixed migration movements at sea, where States often impair or criminalize their search and rescue operations. In 2018, the Special Rapporteur and a number of other special procedure mandate holders called upon the European Union to “ensure that acts of solidarity with migrants by civil society organizations and human rights defenders, including during search and rescue operations and at border crossing, are not criminalized”.74 XII. The principle of non-punishment 57. The Special Rapporteur recalls that the principle of non-punishment applies to all unlawful acts committed as a consequence of being trafficked, including immigration-related offences. The Committee on the Elimination of Discrimination against Women and other treaty bodies have repeatedly called upon States parties to ensure the application of the non-punishment principle, in particular in relation to immigration offences, highlighting States’ obligations to ensure the identification of victims and effective access to remedies for victims. In the Global Compact on Safe, Orderly and Regular Migration, the General 71 72 73 74 GE.24-06692 A/HRC/52/29/Add.1, para. 41. See A/HRC/49/5 and A/HRC/49/5/Add.1. See also A/HRC/52/29/Add.1, para. 10. General Assembly resolution 73/195, annex, para. 15 (j). Communication OTH 64/2018, p. 4. 15