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Mr. Akira Fujino Mr. Akira Fujino

RepresentativeRepresentative

United Nations Office on Drugs and Crime (United Nations Office on Drugs and Crime (UNODC)UNODC)Regional Centre for East Asia and the PacificRegional Centre for East Asia and the Pacific

Bangkok, ThailandBangkok, Thailand

Asian-African Legal Consultative Asian-African Legal Consultative Organization (AALCO)Organization (AALCO)

Special Meeting on Trafficking in Persons, Special Meeting on Trafficking in Persons, Especially Women and ChildrenEspecially Women and Children

June 2004, BaliJune 2004, Bali

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1) Convention against Transnational Organized Crime (TOC) and the supplementing Protocols

2) Relationship between the Convention and the Trafficking Protocol

3) Definition & Root Causes of human trafficking;

4) Distinction between trafficking in human beings and smuggling of migrants;

United Nations Office on Drugs and CrimeUNODC

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United Nations Convention against Transnational Organized Crime

Legal instruments

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

• Protocol against the Smuggling of Migrants Protocol against the Smuggling of Migrants by Land, Sea and Airby Land, Sea and Air

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The United Nations Convention against Transnational Organized Crime and its

additional ProtocolsStatus

  Date Entered

into Force

Parties Signatories

TOC 29 September

2003

78 147

Trafficking Protocol

25 December

2003

61 117

Smuggling Protocol

28 January

2004

55 112

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Signature/Ratification Status of Participating Countries of the AALCO

TOC TiPP SoMP

Signed Ratified Signed Ratified Signed Ratified

African Countries

11 6 8 6 7 5

Asian Countries

11 3 7 2 7 2

Other Countries

12 3 6 3 5 2

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Protocol Relationship to the Convention

To become Party to a protocol, a State must first be a Party to the Convention (Convention art. 37)

Protocols interpreted together with the Convention (Convention art. 37)

Convention provisions apply to protocols, mutatis mutandis (Protocols, art.1.2)

Protocol offences regarded as convention offences (Protocols, art. 1.3)

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Human Trafficking

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A rticle 5 (2 )(a)C rim inaliza tion

G E N E R A LP R O V IS IO N S

A rtic le 8R epa tria tion o f v ic tim s of

tra ffick ing in pe rsons

A rtic le 7S ta tus o f v ic tim s of

tra ffick ing in persons inrece iv ing S ta tes

A rtic le 6A ssis tence to and p ro tection

o f v ic tim s o f tra ffick ing inpe rsons

P R O T E C T IO N O F V IC T IM SO F T R A F FIC K IN G IN

P E R S O N

A rticle 13Leg itim acy and va lid ity of docum en ts

A rticle 12S ecu rity and contro l o f docum en ts

A rticle 11B orde r m easu res

A rticle 10In fo rm ation exchange and tra in ing

A rtic le 9P reven tion o f tra ffick ing in pe rsons

P R E V E N T IO NC O O P E R A T IO N

A N D O T H E R M E A S U R E S

F IN ALP R O V IS IO N S

STRUCTURE OF THE PROTOCO L

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

Women and Children

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The definition on trafficking consists of three elements:

the action of trafficking;

the means of trafficking; and

the purpose of trafficking.

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[Action:]

The recruitment, transportation, transfer, harbouring or receipt of persons;

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[Means:]

By means of the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim;

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[Purpose:]

For the purpose of exploitation, which For the purpose of exploitation, which includes the exploiting of prostitution includes the exploiting of prostitution of others, sexual exploitation, forced of others, sexual exploitation, forced labour, slavery or similar practices, labour, slavery or similar practices, and the removal of organs.and the removal of organs.

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The Issue of Consent, article 3 (b)

- A child cannot consent even if the “means” are not involved

Consent becomes irrelevant whenever any of the “means” of trafficking are used

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Crimes related to trafficking in persons

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Migrant Smuggling

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Definition of Smuggling Protocol

- Article 3 -  

“Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.

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In other words, trafficking in persons is smuggling plus coercion

or deception at the beginning of the process and exploitation at the end.

P r o c u r e m e n to f ille g a l e n tr y

F o r f in a n c ia l o ro th e r m a te r ia l g a in

A c r o s s a b o r d e rin to a n o th e r s ta te

S M U G G L IN GO F M IG R A N T S

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Distinction between trafficking in human beings

and

smuggling of migrants

Consent

Exploitation

Transnationality

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ConsentThe smuggling of migrants involves migrants who have consented to the smuggling.

Trafficking victims, on the other hand, have either never consented

OR

if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive actions by the traffickers

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ExploitationSmuggling ends with the arrival of the migrants at their destination.

Whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers.

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Transnationality

Smuggling is always transnational, whereas trafficking need not be.

Trafficking can occur regardless of whether victims are taken to another country or only moved from one place to another within the same country.

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UNODC ProjectsUNODC Projects

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AfricaECOWASImplementing ECOWAS Plan of Action.Draft new legislation

West Africa - Benin, Togo, NigeriaAdvance institutional capacity Strengthen regional joint action

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Asia

Philippines II – Victim SupportCreate/Expand rehabilitation facilities for victim support Implement vocational training

Thailand - Computer Based TrainingLaw enforcement awareness raising.Pilot program for regional CBT Training.

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Conference of the Partiesto the United Nations Convention Against

Transnational Organized Crime And its Protocols

28 June to 9 July 2004

Vienna

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Pursuant to Article 32:The Conference of the Parties is expected to consider mechanisms to:

facilitate activities of state parties under the Convention;

facilitate exchange of information; and

Review the Convention’s implementation

Mandate

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Thank you for your attention!

Questions?

United Nations Office on Drugs and CrimeUNODC