12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

334 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(c) To adopt relevant penal and administrative provisions for the purpose <strong>of</strong>preventing, suppressing and punishing international trafficking in persons, especiallywomen and children;“(d) To establish a system <strong>of</strong> judicial cooperation between States Parties thatwill facilitate the prosecution <strong>of</strong> unlawful acts connected with international traffickingin persons, especially women and children;“(e) To inform and educate the public about the causes and consequences <strong>of</strong>trafficking in persons;“(f) To prevent any type <strong>of</strong> penalty being imposed on persons, especiallywomen and children, who are victims <strong>of</strong> international trafficking; and“(g) To abolish progressively those practices which allow a husband, family orclan to order the transfer <strong>of</strong> a woman to another person for payment or otherwise forthe benefit <strong>of</strong> an international criminal organization.”Notes by the Secretariat1. At the fourth session <strong>of</strong> the Ad Hoc Committee, the Special Rapporteur on violenceagainst women, its causes and consequences suggested that the purpose <strong>of</strong> the protocolshould include trafficking <strong>of</strong> persons into slavery-like conditions, in order toencompass trafficking for domestic work, forced marriages and forced motherhood, whichwere not traditionally encompassed under the term “forced labour”. Furthermore, it wasproposed that the protection <strong>of</strong> human rights <strong>of</strong> trafficked persons should be explicitlyincluded as a primary purpose in paragraph 1 <strong>of</strong> the protocol and that the phrase “sexualexploitation” should be deleted, as the term was subject to a wide range <strong>of</strong> divergent interpretations,according to whether all activities in the sex industry constituted “sexualexploitation” per se or whether only sex work under exploitative or slavery-like conditionscould qualify as “sexual exploitation” (see A/AC.254/CRP.13). The Special Rapporteur onthe sale <strong>of</strong> children, child prostitution and child pornography highlighted that, as far aschildren were concerned, the phrase “for the purpose <strong>of</strong> forced labour or sexual exploitation”would run counter to article 35 <strong>of</strong> the Convention on the Rights <strong>of</strong> the Child, whichcalled on States parties to prevent the abduction <strong>of</strong>, the sale <strong>of</strong> or traffic in children forany purpose and in any form (see A/AC.254/CRP.19; see also on <strong>this</strong> issue the commentssubmitted during the fourth session <strong>of</strong> the Ad Hoc Committee by the United NationsChildren’s Fund (UNICEF), A/AC.254/CRP.17) . In both <strong>of</strong> the aforementioned positions,grave concerns were expressed concerning the inclusion <strong>of</strong> the phrase “in accordance withtheir domestic law” in paragraph 2 (a) <strong>of</strong> option 2 <strong>of</strong> article 2. The deletion <strong>of</strong> the referenceto sexual exploitation was further proposed by the <strong>International</strong> <strong>La</strong>bour Organization,which recommended amending the article to cover, as a minimum, trafficking in personsfor the purpose <strong>of</strong> labour exploitation, in particular forced labour and serfdom (seeA/AC.254/CRP.14).2. At the fourth session <strong>of</strong> the Ad Hoc Committee, Lithuania suggested that the definition<strong>of</strong> the purpose <strong>of</strong> the protocol should exclude the regulation <strong>of</strong> the purpose <strong>of</strong> traffickingin persons, because such regulation would limit the scope <strong>of</strong> application <strong>of</strong> itsprovisions. Instead, it was suggested that the article should focus on the coercive (physicaland psychological) nature <strong>of</strong> such trafficking, which is in effect the characteristic thatdetermines the nature and degree <strong>of</strong> danger <strong>of</strong> the crime, helping to separate trafficking inpersons from the smuggling <strong>of</strong> migrants (see A/AC.254/L.56).

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!