TECL II
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children
The Protocol is the only universal instrument that addresses all aspects of trafficking in persons and was adopted by the United Nations General Assembly in November 2000 along with the Convention against Transnational Organised Crime. It came into force in December 2003.
The Protocol supplements, and should be read in conjunction with, the Convention.
The opening sentence of the preamble embodies the essence of the Protocol. It asserts that “effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims”.
Status of SACU nations
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The Protocol requires every state that has ratified it to pass legislation that makes it an offence to traffick in persons or to attempt to do so, to participate as an accomplice in human trafficking or to organise or direct others to engage in trafficking.
This is the Protocol’s general definition of the crime of trafficking, which requires some adaptation when applied to the circumstances of children:
“Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of
- threat or use of force
- other forms of:
- coercion
- abduction
- deception
- abuse of power or a position of vulnerability
- giving or receiving of payments or benefits to achieve the consent of a person having control over another person
- for the purposes of exploitation.
“Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
The consent or apparent consent of the victim of trafficking is considered irrelevant in the light of the fact that it might have been gained through coercion, deception or the abuse of power.
A more focused discussion on child trafficking in the context of child labour appears in Notes on the definition of child trafficking.
Protecting victims of trafficking
The Protocol directs countries to protect victims of trafficking by passing relevant laws and taking administrative measures to:
- Protect their privacy and identity.
- Enable them to participate in legal proceedings.
- Assist their physical, psychological and social recovery.
- Provide for their physical safety.
- Provide avenues for them to seek compensation.
- Ensure that officials consider whether the child would be safe when deciding whether the victim should remain in the country of destination or return to the country of origin.
Prevention and co-operation
All states ratifying the Protocol have an obligation to strengthen measures to address factors that make people vulnerable to trafficking. These would include factors such as poverty, underdevelopment and unequal access to opportunities”.
In addition, they agree to undertake research and mass media campaigns to increase understanding of trafficking.
They are also required to adopt or strengthen laws and mobilise social opinion to “discourage the demand that fosters all forms of exploitation of persons, especially women and children, and leads to trafficking.
Law enforcement, immigration and other relevant officials are directed to exchange information on trafficking and the methods of trafficking.
Relevant officials in all ratifying nations must be trained to prevent trafficking, prosecute traffickers and protect the rights of victims.
States are required to strengthen border controls and to:
- Require transport operators to take measures to prevent trafficking.
- Ensure the quality of identity documents is such that they cannot easily be misused.
- Ensure the integrity and security of travel documents issued.
- Consider improving co-operation among border control agencies.
The approach to trafficking is to affirm the rights of victims as a priority. The Protocol specifies that it should be interpreted in a way that is compatible with the 1951 Convention and the 1967 Protocol on the status of refugees.
The United Nations Office on Drugs and Crime is responsible for the administration of this protocol at international level.
Full text http://www.ohchr.org/english/law/protocoltraffic.htm
See also
Notes on the definition of child trafficking
Convention against Transnational Organised Crime
Convention on the Prohibition and Elimination of Worst Forms of Child Labour