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Article 3.Use <strong>of</strong> termsA. Negotiation textsFifth session: 4-15 October 1999Notes by the Secretariat1. In the proposal submitted by Argentina on draft elements for an agreement onthe prevention, suppression and punishment <strong>of</strong> international trafficking in women and children(see A/AC.254/8), there was a separate provision on definitions. This provision ispresented below under article 4 <strong>of</strong> the protocol (Scope <strong>of</strong> application), because the relevantnegotiation texts <strong>of</strong> that article encompassed provisions on both the scope <strong>of</strong> application<strong>of</strong> the protocol and definitions.2. At the informal consultations held during the fifth session <strong>of</strong> the Ad HocCommittee, it was agreed to add a new article 2 bis, on definitions. It was further agreedto use the proposal submitted by the United States (A/AC.254/L.54) as the basis for thediscussion on definitions (see A/AC.254/L.85/Add.2, paras. 17 and 28). The majority <strong>of</strong> thedelegations suggested keeping the definitions general, defining the term “trafficking in persons”rather than the term “trafficking in children” or the term “trafficking in women”. Itwas suggested by several delegations that the more specific terms could be defined at alater stage, if necessary. Several delegations suggested defining the term “child” in the article.Delegations were invited to suggest additional definitions to be included in the article.Rolling text (A/AC.254/Add.3/Rev.4)“Article 2 bis 1“Definitions“For the purpose <strong>of</strong> <strong>this</strong> Protocol, the following definitions shall apply:“(a)‘Sexual exploitation’ 2 shall mean:1As indicated above, at the informal consultations held during the fifth session <strong>of</strong> the Ad Hoc Committee, consensuswas reached on recommending to the plenary the addition <strong>of</strong> a new article on definitions in order to bring <strong>this</strong> draft protocolinto line with the other draft protocols. One delegation suggested that all articles <strong>of</strong> the three draft protocols should bestructured similarly. The terms defined in <strong>this</strong> article were based on a proposal by the United States (A/AC.254/L.54).2The discussion on the definition <strong>of</strong> “sexual exploitation” at the informal consultations held during the fifth session<strong>of</strong> the Ad Hoc Committee was based on the proposal submitted by the United States (A/AC.254/L.54). Two delegationsexpressed reservations regarding the proposal. The Netherlands suggested replacing the definition <strong>of</strong> the term “sexual exploitation”with a definition <strong>of</strong> the term “slavery” that read as follows: “Slavery shall mean the status or condition <strong>of</strong> a personover whom any or all <strong>of</strong> the powers attaching to the right <strong>of</strong> ownership are exercised, including forced prostitution andservitude and other practices similar to slavery as defined in article 1 <strong>of</strong> the 1956 Supplementary Convention on the Abolition<strong>of</strong> Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.” (United Nations, Treaty Series, vol. 266,No. 3822).339

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