TEXT: English
French
The Protocol on Trafficking in Persons applies to the prevention, investigation
and prosecution of trafficking offences, as well as to the protection of
the trafficked persons.
The key definition, “trafficking in persons”, is intended to include a
range of cases where human beings are exploited by organized criminal groups,
particularly where there is an element of duress involved and a transnational
aspect, such as the movement of people across borders.
According
to the definition, the consent of the victim is irrelevant where illicit
means are established, although criminal law defenses are preserved.
The need for an appropriate balance between crime-control measures and
measures to support or protect victims of trafficking arises in two primary
places in the Protocol :the provisions
expressly providing for protection and support; and provisions dealing
with the return of persons to their countries of origin.
The Protocol contains a series of general protection and support measures for victims. These include a list of social support benefits such as counseling, housing, education, medical and psychological assistance and an opportunity for victims to obtain legal status allowing them to remain in the country of the receiving State Party, either temporarily or permanently.
Law enforcement agencies of countries which ratify the Protocol would be
required to co-operate with each other in the identification of offenders
and trafficked persons; sharing information about the methods of offenders
and training investigators, enforcement and victim-support personnel.
States
Parties would also be required to implement security and border controls
to detect and prevent trafficking. This includes strengthening their own
border controls, imposing requirements on commercial carriers to check
passports and visas, setting standards for the technical quality of passports
and other travel documents, and co-operation in establishing the validity
of their own documents when used abroad.
The Conference of States Parties, which is established by the Convention,
will have similar functions for the Protocol.
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Open
for signature (until 12 December 2002) by all States and by regional economic
integration organizations provided that at least one member State of such
organization has signed the Convention.
Subject
to ratification, acceptance or approval. Open for accession by any State
or any regional economic integration organization of which at least one
member State is a Party
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Entry
into force:
Not yet in force
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Status
as at 15 June 2001:
Signatories:
86
Contracting Parties: 1 |