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

486 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(b) That entail [exploitation or] 32 inhuman or degrading treatment of suchpersons.“5. Nothing in this Protocol shall prevent States Parties from taking measuresagainst a person whose conduct constitutes an offence under their domestic law.” 33Eleventh session: 2-28 October 2000Notes by the Secretariat3. Delegations based their comments on the text of article 4 of the revised draft protocolcontained in document A/AC.254/4/Add.1/Rev.6, which was the same as that containedin document A/AC.254/4/Add.1/Rev.5.Recommendations of the informal working group submitted at the request of theChairperson (A/AC.254/L.255)The informal working group proposed to continue work on the basis of the followingtext:“...“Article 4“Criminalization“(c) Enabling a person who is not a national or a permanent resident to remainin the State concerned without complying with the necessary requirements for legallyremaining in the State, by the means mentioned in subparagraph (b) of this articleor any other illegal means.“Notes“1. The concept of illegal residence was considered with the addition of a newsubparagraph (c) in paragraph 1 of article 4.“2. The following words should be added at the end of the chapeau of paragraph1 of article 4: “in order to obtain, directly or indirectly, a financial or othermaterial benefit.“3. The travaux préparatoires should indicate that the reference to “financialor other material benefit” was introduced in paragraph 1 of article 4 in order to emphasizethat that provision of the protocol was not intended to criminalize humanitariansupport given to migrants, in particular by non-governmental organizations or churchesor support given on the basis of close family ties.32This proposal was made by Colombia at the eighth session of the Ad Hoc Committee. There was no consensusabout whether these words should be added or not and it was decided to place them in square brackets for further consideration.Some delegations felt that this language would provide better protection for migrants, while others felt that all possiblecases of exploitation would be dealt with by the proposed trafficking in persons protocol and that the content of thatinstrument should not be duplicated here.33The text of this paragraph was proposed as new paragraph 7 bis by a working group set up at the request of theChairman during the eighth session of the Ad Hoc Committee (see A/AC.254/L.193) and was adopted at that session forpurposes of further discussion.