Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

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Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime
Type Organized crime; international criminal law
Drafted15 Nov 2000
Signed12 Dec 2000
LocationNew York City, United States
Effective25 Dec 2003
Condition40 ratifications
Signatories117
Parties180
Depositary Secretary-General of the United Nations
LanguagesArabic, Chinese, English, French, Russian, and Spanish

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (also referred to as the Trafficking Protocol or UN TIP Protocol) is a protocol to the United Nations Convention Against Transnational Organized Crime. It is one of the three Palermo protocols, the others being the Protocol Against the Smuggling of Migrants by Land, Sea and Air and the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms.

Contents

The protocol was adopted by the United Nations General Assembly in 2000 and entered into force on 25 December 2003. As of November 2022, it has been ratified by 180 parties. [1]

The United Nations Office on Drugs and Crime (UNODC) is responsible for implementing the protocol. It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them. In March 2009, UNODC launched the Blue Heart Campaign to fight human trafficking, to raise awareness, and to encourage involvement and inspire action.

The protocol commits ratifying states to prevent and combat trafficking in persons, protecting and assisting victims of trafficking and promoting cooperation among states in order to meet those objectives.

Content of the protocol

The protocol covers the following:

"Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of 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 of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.

The convention and the protocol obligate ratifying states to introduce national trafficking legislation.

Regional action against trafficking in human beings

In Warsaw on 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings was opened for accession. The convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the convention through country reports. It has been ratified (as of January 2016) by 45 European states, while a further one state (Turkey) has signed but not yet ratified it. [2]

Complementary protection is ensured through the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 Oct 2007).

In addition, the European Court of Human Rights of the Council of Europe in Strasbourg has passed judgments involving trafficking in human beings which violated obligations under the European Convention on Human Rights: Siliadin v France, judgment of 26 July 2005, and Rantsev v Cyprus and Russia, judgment of 7 January 2010.

The Council of Europe co-operates closely with the United Nations.

See also

Related Research Articles

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

<span class="mw-page-title-main">Commercial sexual exploitation of children</span> Commercial transaction that involves the sexual exploitation of a child

Commercial Sexual Exploitation of Children (CSEC) defines the “umbrella” of crimes and activities that involve inflicting sexual abuse on to a child as a financial or personal opportunity. Commercial Sexual Exploitation consists of forcing a child into prostitution, sex trafficking, early marriage, child sex tourism and any other venture of exploiting children into sexual activities. According to the Office of Juvenile Justice and Delinquency Prevention, the lack of reporting the crime and “the difficulties associated with identifying and measuring victims and perpetrators” has made it almost impossible to create a national estimate of the prevalence of Commercial Sexual Exploitation of Children in the United States. There is an estimated one million children that are exploited for commercial sex globally; of the one million children that are exploited, the majority are girls.

<span class="mw-page-title-main">Trafficking of children</span> Form of human trafficking

Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour, and exploitation. This definition is substantially wider than the same document's definition of "trafficking in persons". Children may also be trafficked for adoption.

<span class="mw-page-title-main">Sex trafficking</span> Trade of sexual slaves

Sex trafficking is human trafficking for the purpose of sexual exploitation. It has been called a form of modern slavery because of the way victims are forced into sexual acts non-consensually, in a form of sexual slavery. Perpetrators of the crime are called sex traffickers or pimps—people who manipulate victims to engage in various forms of commercial sex with paying customers. Sex traffickers use force, fraud, and coercion as they recruit, transport, and provide their victims as prostitutes. Sometimes victims are brought into a situation of dependency on their trafficker(s), financially or emotionally. Every aspect of sex trafficking is considered a crime, from acquisition to transportation and exploitation of victims. This includes any sexual exploitation of adults or minors, including child sex tourism (CST) and domestic minor sex trafficking (DMST).

Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.

<span class="mw-page-title-main">Human trafficking</span> Trade of humans for exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation.

<span class="mw-page-title-main">Human trafficking in Australia</span>

Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol.

Human trafficking in Canada is prohibited by law, and is considered a criminal offence whether it occurs entirely within Canada or involves the "transporting of persons across Canadian borders. Public Safety Canada (PSC) defines human trafficking as "the recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery."

The United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) is a multi-stakeholder initiative providing global access to expertise, knowledge and innovative partnerships to combat human trafficking.

The Council of Europe Convention on Action Against Trafficking in Human Beings is a regional human rights treaty of international human rights law by the Council of Europe. The Convention aims to:

Transnational efforts to prevent human trafficking are being made to prevent human trafficking in specific countries and around the world.

Austria is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor.

Barbados is a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Some children in Barbados are subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent receives a benefit from the child's participation in sexual activity. Researchers identified patterns of transactional sex within families, most often by adult male caretakers such as step-fathers, as well as child prostitution outside the home. Women from the Dominican Republic, Guyana, and Jamaica voluntarily enter Barbados as illegal migrants, and some expect to engage in prostitution. Some of these women are exploited in forced prostitution subsequent to their arrival. Some other foreign women who entered the country illegally are exploited in involuntary domestic servitude in private homes. Foreign men have been transported to Barbados for the purpose of labor exploitation in construction and other sectors. Sex traffickers, primarily organized criminals from Guyana, form partnerships with pimps and brothel owners from Trinidad and Tobago and Barbados, and lure women to Barbados with offers of legitimate work. Trafficking victims tend to enter the country through legal means, usually by air; traffickers later use force and coercion to obtain and maintain the victims' work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. Traffickers use methods such as threats of physical harm or deportation, debt bondage, false contracts, psychological abuse, and confinement to force victims to work in construction, the garment industry, agriculture, or private households.

Greece is a transit, source and destination country for women and children who are subjected to human trafficking, specifically forced prostitution and conditions of forced labor for men, women, and children. Female sex trafficking victims originate primarily in Eastern Europe and former Soviet bloc countries. Traffickers use physical, emotional, and sexual abuse for coercion. Greece's European Union membership, coupled with a shared border with Turkey, means the country sees massive flows of illegal immigrants looking to enter the EU. Traffickers also use Greece not only as a destination but also as transit stop and also as a source country where even Greek women are prostituted on the way to Western Europe.

<span class="mw-page-title-main">Human trafficking in New Zealand</span>

Human trafficking is a crime in New Zealand under Section 98D of the Crimes Act 1961. In 2002, the New Zealand Government ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, a protocol to the United Nations Convention against Transnational Organized Crime (UNTOC). New Zealand participates in efforts to combat human trafficking in the Asia-Pacific region, and has a leadership role in the Bali Process on People Smuggling, Human Trafficking and related Transnational Crime.

<span class="mw-page-title-main">Blue Heart Campaign</span> Anti-trafficking program by the UNODC

The Blue Heart Campaign is an international anti-trafficking program started by the United Nations Office on Drugs and Crime (UNODC). Established in 1997, the UNODC supported countries in implementing three UN drug protocols. In 2000, after the UN General Assembly adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, the UNODC became the “guardian” of that protocol and assumed the functions of fighting against human trafficking. The Blue Heart Campaign was launched in March 2009 by the Executive Director of the UNODC, Antonio Maria Costa, during his address to the World's Women's Conference meeting in Vienna. The campaign's symbol is a blue heart. The Blue Heart Campaign uses its website, as well as Facebook, Twitter, YouTube, and Flickr to communicate goals, objectives, and news with the public.

<span class="mw-page-title-main">Human trafficking in Southeast Asia</span> Human trafficking

Human trafficking in Southeast Asia has long been a problem for the area and is still prevalent today. It has been observed that as economies continue to grow, the demand for labor is at an all-time high in the industrial sector and the sex tourism sector. A mix of impoverished individuals and the desire for more wealth creates an environment for human traffickers to benefit in the Southeast Asia region. Many nations within the region have taken preventive measures to end human trafficking within their borders and punish traffickers operating there.

<span class="mw-page-title-main">Prevention of Human Trafficking Act 2015</span>

The Prevention of Human Trafficking Act 2015 (PHTA) is a statute of the Parliament of Singapore that criminalizes Trafficking-In-Persons (TIP) especially vulnerable individuals. The law is designed specifically to make acts of knowingly receiving payment in connection with the exploitation of a trafficked victim a criminal offence.

Human Trafficking or "trafficking in persons" is the recruiting, harboring, transporting, providing, or obtaining a person for mainly the purposes of forced labor or prostitution. Other reasons for human trafficking are the removal of organs, forced marriage, and other exploitations. South America is one of the biggest source and destination locations in the world and has struggled with the issue for many years. The ILO estimates that of the 20.9 million victims of human trafficking in 2012, 1.8 million were from Latin America. There are many factors that cause human trafficking, like a high demand for domestic servants, sex laborers, and factory workers, the existence of already established trafficking networks that often take advantage of young women and children, corruption in the governments and local law enforcement agencies, a governmental disinterest in the issue and a lack of opportunity for women in South American regions where trafficking occurs. People exploited in human trafficking are often impoverished, members of indigenous peoples, unemployed, victims of abuse, illiterate, substance users, homeless, or involved in gang activity. Research by the United States Department of State has also found that LGBTQ+ and transgender people are vulnerable to human trafficking. By far, sex trafficking is the leading type of human trafficking, making up 79 percent of all human trafficking. This is then followed by forced labor at 18 percent. About 20 percent of trafficking victims are children. Primary destinations for trafficking and illegal immigration are the United States, Spain, Britain, Italy, the Netherlands, Portugal, and Canada. Globalization, capitalism and societal attitudes facilitate and reduce the barriers to human trafficking.

References

  1. "UNODC – Signatories to the CTOC Trafficking Protocol". United Nations. Retrieved 16 March 2013.
  2. "Full list". Treaty Office. Retrieved 8 July 2019.