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322 Travaux préparatoires: United Nations Convention against Transnational Organized Crimethere was discussion on whether the future protocol would address trafficking in womenand children or trafficking in persons. Almost all countries expressed their preference forit to address all persons rather than only women and children, although particular attentionshould be given to the protection <strong>of</strong> women and children. In addition, the Secretariatwas requested to clarify whether, by considering trafficking in persons, the Ad HocCommittee would be departing from the mandate given to it by the General Assembly and,if that were the case, whether it would be competent to do so. The Secretariat undertookto explore the matter and to inform the Ad Hoc Committee <strong>of</strong> its findings (seeA/AC.254/11, para. 22). The Secretariat consulted the Senior Legal Liaison Officer <strong>of</strong> theUnited Nations Office at Vienna and brought his response to the attention <strong>of</strong> the Ad HocCommittee at its third session. According to the Senior Legal Liaison Officer, in itsresolutions 53/111 and 53/114, both <strong>of</strong> 9 December 1998, the General Assembly hadclearly defined the subjects for which new instruments were required. If the Assembly hadwanted any other subjects to be included, it would have said so. Moreover, the recommendations<strong>of</strong> the Economic and Social Council (in its resolutions 1998/14 and 1998/20), whichformed the basis for the Assembly resolutions, referred to trafficking in women andchildren and not to trafficking in persons. Those resolutions had been adopted unanimouslyand the terms used therein reflected the desires <strong>of</strong> the Assembly. If, however, the Ad HocCommittee, after considering the issues before it, had come to the conclusion that, instead<strong>of</strong> developing an instrument addressing trafficking in women and children, it would be inthe general interest to develop an instrument dealing with trafficking in persons, it mightwish to request the Assembly to modify its mandate in that connection. States might takeadvantage for that purpose <strong>of</strong> the eighth session <strong>of</strong> the Commission, which was running inparallel to the third session <strong>of</strong> the Ad Hoc Committee (see A/AC.254/30, para. 34, andfootnote 7 below).Rolling text (A/AC.254/4/Add.3/Rev.2)Fourth session: 28 June-9 July 1999“Revised draft Protocol to Prevent, Suppress and Punish 6 Trafficking in Persons,especially Women and Children, 7 Supplementing the United Nations Conventionagainst Transnational Organized Crime 8“The States Parties to <strong>this</strong> Protocol,“Taking note <strong>of</strong> the United Nations Convention against Transnational OrganizedCrime (hereinafter referred to as ‘the Convention’),6Two delegations suggested that the protocol should focus on the prevention, investigation and prosecution <strong>of</strong> trafficking,leaving aside the question <strong>of</strong> punishment.7The terms “persons, especially women and children” and “persons” are used throughout the draft text, as appropriate,in view <strong>of</strong> the action taken by the Commission on Crime Prevention and Criminal Justice at its eighth session (see alsonote 1 by the Secretariat above). In particular, the Commission recommended that the Economic and Social Council approvefor adoption by the General Assembly a draft resolution entitled “United Nations Convention against Transnational OrganizedCrime and the protocols thereto”, in which the Assembly would decide that the additional international instrument beingprepared by the Ad Hoc Committee addressing trafficking in women and children should address trafficking in all persons,but especially women and children, and would also request the Ad Hoc Committee to make any corresponding changes tothe draft instrument. In its resolution 54/126, the Assembly decided that the additional international instrument being preparedby the Ad Hoc Committee addressing trafficking in women and children should address trafficking in all persons, butespecially women and children, and requested the Ad Hoc Committee to make any corresponding changes to the draft instrument(see A/AC.254/30, para. 34).8Further to what is mentioned in footnote 3 above, the proposal contained in the present <strong>document</strong> takes into accountcomments made at the second session <strong>of</strong> the Ad Hoc Committee and also incorporates the amendments submitted by Argentina(A/AC.254/L.17). Some delegations suggested that the title <strong>of</strong> the protocol should also refer to the “protection <strong>of</strong> traffickedpersons”.

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