United Nations Convention Against Transnational Organized Crime

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United Nations Convention Against Transnational Organized Crime
UN Convention against Transnational Organized Crime.svg
  Signed and ratified or acceded
  Only signed
  Non-party
Type Organized crime; international criminal law
Drafted15 November 2000
Signed12 December 2000
LocationPalermo, Italy
Effective29 September 2003
Condition40 ratifications
Signatories147
Parties192
Depositary Secretary-General of the United Nations
LanguagesArabic, Chinese, English, French, Russian, and Spanish

The United Nations Convention Against Transnational Organized Crime (UNTOC, also called the Palermo Convention) is a 2000 United Nations-sponsored multilateral treaty against transnational organized crime.

Contents

History

The convention was adopted by a resolution of the United Nations General Assembly on 15 November 2000.

The Convention came into force on 29 September 2003. According to Leoluca Orlando, Mayor of Palermo, the convention was the first international convention to fight transnational organized crime, trafficking of human beings, and terrorism. [1]

In 2014, the UNTOC strengthened its policies regarding wildlife smuggling. [2] Botswana signed the Anti-Human Trafficking Act of 2014 to comply with UNTOC on the human smuggling protocol. [3]

In 2017, as Japan prepared the organization of the 2019 Rugby World Cup, and the 2020 Summer Olympics and Paralympics, it faced the issue of not being fully compliant with the UNTOC, thus jeopardizing its eligibility to organize those events. [4]

In February 2018, Afghanistan introduced a new penal code which made the country's laws UNTOC-compliant for the first time. [5]

Description

UNTOC's three supplementary protocols (the Palermo Protocols) are: [6]

All four of these instruments contain elements of the current international law on human trafficking, arms trafficking and money laundering. The United Nations Office on Drugs and Crime (UNODC) acts as custodian of the UNTOC and its protocols. [7]

The UNTOC is the main legal international instrument to fight organized crime, but its efficiency depends on each member's ability to implement the organization's framework. [8] As an example, the UNTOC requires a minimum sentence of four years imprisonment for transnational organised criminal offences. [9]

Parties

As of September 2024, it has 192 parties, [10] which includes 187 United Nations member states, the Cook Islands, the Holy See, Niue, the State of Palestine, and the European Union. The six UN member states that are not party to the convention are (* indicates that the state has signed but not ratified the convention):

In June 2018, the Iranian Parliament approved the bill to join UNTOC, but 10 days later Ali Khamenei, Supreme Leader of Iran, called the bill "unacceptable" and blocked its progress. [11] [12] In January 2019, the bill was still being debated between the Parliament and the Guardian Council. [13]

See also

Related Research Articles

<span class="mw-page-title-main">People smuggling</span> Illegal transportation of people

People smuggling, under U.S. law, is "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries' laws, either clandestinely or through deception, such as the use of fraudulent documents".

<span class="mw-page-title-main">United Nations Office on Drugs and Crime</span> Intergovernmental organization

The United Nations Office on Drugs and Crime is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna, adopting the current name in 2002.

<span class="mw-page-title-main">Antonio Maria Costa</span>

Antonio Maria Costa is an Italian economist. He lives in Vienna and Brussels.

The Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime, was adopted by the United Nations General Assembly in 2000. It is also referred to as the Smuggling Protocol. It is one of the three Palermo protocols, the others being the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition.

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

<span class="mw-page-title-main">Transnational organized crime</span> Organized crime across national borders

Transnational organized crime (TOC) is organized crime coordinated across national borders, involving groups or markets of individuals working in more than one country to plan and execute illegal business ventures. In order to achieve their goals, these criminal groups use systematic violence and corruption. Common transnational organized crimes include conveying drugs, conveying arms, trafficking for sex, toxic waste disposal, materials theft and poaching.

Transnational crimes are crimes that have actual or potential effect across national borders and crimes that are intrastate but offend fundamental values of the international community. The term is commonly used in the law enforcement and academic communities. Transnational organized crime (TOC) refers specifically to transnational crime carried out by crime organizations.

<span class="mw-page-title-main">Luis Alfonso de Alba</span> Mexican diplomat

Luis Alfonso de Alba Góngora is a Mexican diplomat.

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

Human trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or coercion for the purpose of exploitation. This exploitation may include forced labor, sexual slavery, or other forms of commercial sexual exploitation. It is considered a serious violation of human rights and a form of modern slavery. Efforts to combat human trafficking involve international laws, national policies, and non-governmental organizations.

Child migration or "children in migration or mobility" is the movement of people ages 3–18 within or across political borders, with or without their parents or a legal guardian, to another country or region. They may travel with or without legal travel documents. They may arrive to the destination country as refugees, asylum seekers, or economic migrants.

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.

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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 were subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent received 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 entered Barbados as illegal migrants, and some expected to engage in prostitution. Some of these women were exploited in forced prostitution subsequent to their arrival. Some other foreign women who entered the country illegally were 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, formed partnerships with pimps and brothel owners from Trinidad and Tobago and Barbados, and lured women to Barbados with offers of legitimate work. Trafficking victims tend to enter the country through legal means, usually by air; traffickers later used force and coercion to obtain and maintained the victims' work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. Traffickers used 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.

In 2009 Mozambique was a source and, to a much lesser extent, a destination country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. The use of forced and bonded child laborers was common in rural areas of the country, often with the complicity of family members. Women and girls from these rural areas were also lured to cities with promises of employment or education, as well as to South Africa for involuntary domestic servitude and forced prostitution. NGO's reported that Mozambican victims of sex traffickers were taken by traffickers to "training centers" in Eswatini and South Africa in preparation for an expected increase in demand for prostitution during the 2010 World Cup. Young Mozambican men and boys were subjected to conditions of forced labor in South African farms and mines; they often labored for months in South Africa without pay and under coercive conditions before being turned over to police for deportation as illegal migrants. Mozambican adults were subjected to forced labor and forced prostitution in Portugal. Women and girls from Rhodesia and Malawi who voluntarily migrate to Mozambique continued to be manipulated by traffickers into forced prostitution and domestic servitude subsequent to their arrival. There were an estimated 145,600 people living in slavery in Mozambique and countless more being taken unwillingly into South Africa.

<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">Protocol Against the Illicit Manufacturing of and Trafficking in Firearms</span> Treaty on anti-arms trafficking

The Protocol Against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition is a treaty on anti-arms trafficking including Small Arms and Light Weapons that is supplemental to the Convention against Transnational Organized Crime. It is one of the so-called Palermo protocols.

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<span class="mw-page-title-main">United Nations Security Council Resolution 2240</span> United Nations resolution adopted in 2015

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<span class="mw-page-title-main">Global Initiative Against Transnational Organized Crime</span>

The Global Initiative Against Transnational Organized Crime (GI-TOC), sometimes shortened as Global Initiative, is an international non-governmental organization headquartered in Geneva. The organisation is composed of a network of law enforcement, governance and development practitioners, who share the objective of developing innovative strategies and responses to organized crime. In July 2020, the network counted 500 experts.

References

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