ABSTRACT
This chapter explores some of the perverse effects on rights of the adoption of the Palermo Protocol. It focuses on the development of State obligations to identify trafficked persons, a set of State surveillance practices that accidentally produces a 'rights-like' formation out of this State duty. The chapter assesses the strangely slip-shod way in which an international criminal law, the Palermo Protocol, was drafted. It considers how the 'right to be found' emerges from this process of material practice guides, which people treat as 'amendation' of the Protocol, fortified by the confluence of interests of States and anti-trafficking advocates. At the time of the drafting of the Protocol, two terms are almost interchangeably in play: trafficking and smuggling. 'Trafficked persons' are figured as female, and deemed to be of 'all races', and garner slightly more duties of protection, although these duties are either a very slim peg or Orwellian.
