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
Parties190
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. India joined in 12 December 2002. [1]

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. [2]

In 2014, the UNTOC strengthened its policies regarding wildlife smuggling. [3] Botswana signed the Anti-Human Trafficking Act of 2014 to comply with UNTOC on the human smuggling protocol. [4]

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. [5]

In February 2018, Afghanistan introduced a new penal code which made the country's laws UNTOC-compliant for the first time. [6]

Description

UNTOC's three supplementary protocols (the Palermo Protocols) are: [7]

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. [8]

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. [9] As an example, the UNTOC requires a minimum sentence of four years imprisonment for transnational organised criminal offences. [10]

Parties

As of 19 September 2017, it has 190 parties, [11] which includes 185 United Nations member states, the Cook Islands, the Holy See, Niue, the State of Palestine, and the European Union. The nine 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. [12] [13] In January 2019, the bill was still being debated between the Parliament and the Guardian Council. [14]

See also

Related Research Articles

People smuggling 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".

United Nations Office on Drugs and Crime Government 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. and was renamed the United Nations Office on Drugs and Crime in 2002.

Antonio Maria Costa

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

Commercial sexual exploitation of children

Commercial sexual exploitation of children (CSEC) is a commercial transaction that involves the sexual exploitation of a child, or person under the age of consent. CSEC involves a range of abuses, including but not limited to: the prostitution of children, child pornography, stripping, erotic massage, phone sex lines, internet-based exploitation, and early forced marriage.

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.

Transnational organized crime 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.

The Palermo protocols are three protocols that were adopted by the United Nations to supplement the 2000 Convention against Transnational Organized Crime. They are:

Human trafficking Trade of humans for the purpose of forced labor, sexual slavery, or commercial sexual exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim's rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another.

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.

West Africa Coast Initiative

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Human trafficking in New Zealand

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.

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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.

Maria Grazia Giammarinaro Italian judge and policy-maker (born 1953)

Maria Grazia Giammarinaro is an Italian judge and policy-maker.

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. However, other reasons for human trafficking is for 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 who are typically exploited in human trafficking are impoverished, a member of an indigenous people, unemployed, victim of some kind of abuse, illiterate, substance users, is homeless and/or associated to gang activity. Research done by United States Department of State has also stated that there is a vulnerability for the LGBTQ+ and transgender people to be caught up in 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 facilitates and reduces the barriers to human trafficking in the world today.

Maritime drug smuggling into Australia refers to the smuggling of illicit drugs into Australia by sea. While much contemporary Australian media coverage has focused on smaller, more personalised smuggling cases such as the Bali Nine, maritime drug smuggling often allows criminal groups to move illicit drugs and substances into Australia at a much greater scale. This has happened through a variety of ways, including via cargo ship, yacht, and fishing vessels. Key departure locations for drugs aimed to be smuggled into Australia include China, India, Southeast Asia, and the Americas, with much of the drugs trafficked via countries and territories in the South Pacific, in close proximity to Australia.

Global Initiative Against Transnational Organized Crime

The Global Initiative Against Transnational Organized Crime, 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.

Zhao Wei is a Chinese gangster and the founder of Hong Kong-registered company Kings Romans Group, which owns the Kings Romans casino franchise. The United States Treasury Department imposed sanctions on the Zhao Wei Transnational Criminal Organization in 2018 for its involvement in laundering money and assisting in the storage and distribution of heroin, methamphetamine, and other narcotics for illicit networks, including the United Wa State Army which operates in Myanmar. Based in Laos in the Golden Triangle Special Economic Zone (GTSEZ), Zhao Wei is also reported to engage in human trafficking, bribery, wildlife trafficking, and other forms of transnational organized crime. Much of this illicit activity is conducted through the Kings Romans casino organisation in the GTSEZ.

References

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  2. Loredana Pianta, Researchers simulate mafia and terrorism recruitment, Phys.org, 25 July 2019 (accessed on 30 July 2019)
  3. trafficking to become a ‘serious crime’ under UNTOC, Worldecr.com, 20 February 2014 (accessed on 18 August 2019)
  4. Tshepo Mongwa, Botswana Makes Progress, Allafrica.com, 12 September 2018 (accessed on 18 August 2019)
  5. Japan and an Anti-Crime Bill, Nytimes.com, 1 June 2017 (accessed on 18 August 2019)
  6. Afghanistan: UN mission welcomes new penal code, urges measures to protect women from violence, Un.org, 22 February 2018 (accessed on 18 August 2019)
  7. "UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO" (PDF). UNITED NATIONS OFFICE ON DRUGS AND CRIME. 2004. p. V. Retrieved 16 July 2011.
  8. "United Nations Convention against Transnational Organized Crime (Palermo Convention) | veritaszim". www.veritaszim.net. Retrieved 30 May 2020.
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  10. Carina Bruwer, Lions, tigers and bears: Wildlife trafficking in the age of globalisation, Dailymaverick.co.za, 20 February 2019 (accessed on 18 August 2019)
  11. UN Convention against Transnational Organized Crime: Treaty status
  12. Palermo Bills Suspended, Radiofarda.com, 25 Juily 2018 (accessed on 30 July 2019)
  13. Iran's Watchdog Rejects Bills To Join U.N. Crime Conventions, Radiofarda.com, 15 July 2018 (accessed on 30 July 2019)
  14. Iran Postpones Approval Of UN Convention Against Transnational Crime, Radiofarda.com, 19 January 2019 (accessed on 30 July 2019)