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PreambleA. Negotiation textsAustria and Italy (A/AC.254/4/Add.1)First session: 19-29 January 1999“Preamble“Concerned about the threat posed by the rapid development <strong>of</strong> illegal traffickingand transport <strong>of</strong> migrants, especially by sea,“Convinced that the illegal trafficking and transport <strong>of</strong> migrants is a particularlyheinous form <strong>of</strong> transnational exploitation <strong>of</strong> individuals in distress,“Concerned that an increasing number <strong>of</strong> migrants are being smuggled for purposes<strong>of</strong> prostitution and sexual exploitation,“Convinced that only a global approach to <strong>this</strong> phenomenon, including socioeconomicmeasures, can lead to the suppression <strong>of</strong> <strong>this</strong> crime,“Desiring to supplement the Travaux préparatoires: United Nations Conventionagainst Transnational Organized Crime by a protocol directed specifically against illegaltrafficking and transport <strong>of</strong> migrants as a first step towards the eradication <strong>of</strong> <strong>this</strong>crime,”Rolling text (A/AC.254/4/Add.1/Rev.1)“Draft Protocol against the Smuggling 1 <strong>of</strong> Migrants by <strong>La</strong>nd, Air and Sea, 2Supplementing the United Nations Convention againstTransnational Organized Crime 31The term “smuggling” is used throughout the text in the light <strong>of</strong> action taken by the Commission on Crime Preventionand Criminal Justice at its eighth session on the draft protocol addressing trafficking in women and children. During the discussionat the first session <strong>of</strong> the Ad Hoc Committee, several delegations raised the issue <strong>of</strong> the translation <strong>of</strong> the term “smuggling”into languages other than English and the problems that it created. It was, therefore, agreed that attention should bepaid to identifying the appropriate term to be used in languages other than English. It was also agreed that <strong>this</strong> would alsobe done in the glossary <strong>of</strong> terms, which was being prepared by the Secretariat. Existing texts on the subject, such as GeneralAssembly resolutions 48/102 and 51/62 and Economic and Social Council resolution 1995/10, might be useful in that regard.The Ad Hoc Committee decided to reconsider <strong>this</strong> matter at a future session on the understanding that when agreement wasreached on the wording <strong>of</strong> the title, the terminology would be adjusted in provisions throughout the text, as necessary.2In its resolution 53/111, the General Assembly requested the Ad Hoc Committee, inter alia, to discuss the elaboration <strong>of</strong>an international instrument addressing illegal trafficking in and transporting <strong>of</strong> migrants, including by sea. The Ad Hoc Committeeat its first session was <strong>of</strong> the view that focusing on illegal trafficking and transporting by sea would be too restrictive.3The text <strong>of</strong> the present draft protocol is based on a proposal submitted by Austria and Italy containing draft elements foran international legal instrument against illegal trafficking and transport <strong>of</strong> migrants (A/AC.254/4/Add.1). It reflects all commentsand proposals made or submitted by delegations at the first session <strong>of</strong> the Ad Hoc Committee.451

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