Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
(New York, 15 November 2000)

Objectives    

        This Protocol establishes the first common international definition of “trafficking in persons”. It is intended to prevent and combat such crime and facilitate international co-operation against it.  The Protocol also highlights the problem associated with trafficking in persons that often leads to inhuman, degrading and dangerous exploitation of trafficked persons. As is the case with the parent United Nations Convention against Transnational Organized Crime, 2000, the Protocol is expected to standardize terminology, laws and practices of countries in this area of the law.


Key Provisions 

        While the United Nations Convention against Transnational Organized Crime, 2000, provides for basic measures to prevent and combat transnational organized crime, its Protocols provide for specific measures to deal with specific crimes.  As such, the Protocols should be interpreted together with the Convention.  The provisions of the Convention apply mutatis mutandis to each Protocol.
        The Protocol 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 defences 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 cooperate with each other in identifying 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 cooperating 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 under the Protocol.


Entry into Force

        The Protocol is not yet in force. It shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the United Nations Convention against Transnational Organized Crime, 2000. For this purpose, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.


How to Become a Party

        The Protocol is 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 Protocol.  The Protocol is subject to ratification, acceptance or approval. The Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party. In order to become a Party to the Protocol, a State or a regional economic integration organization must also be a Party to the United Nations Convention against Transnational Organized Crime, 2000.


Optional and/or Mandatory Declarations

        A regional economic integration organization shall declare the extent of its competence with respect to matters governed by the Protocol.


Reservations

        States may declare that they do not consider themselves bound by article 15.2, according to which disputes among States Parties relating to the interpretation or application of the Protocol which are not settled by negotiation will be submitted to arbitration and, failing agreement on the organization of the arbitration six months after the date of the request for arbitration, to the International Court of Justice.


Withdrawal/Denunciation

        A State Party may denounce the Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
        A regional economic integration organization shall cease to be a Party to the Protocol when all of its member States have denounced it.
        Denunciation of the United Nations Convention against Transnational Organized Crime, 2000, entails also the denunciation of the Protocol.


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