Trafficking in human beings: human rights and ... - unesdoc - Unesco

The Recommended Principles and Guidelines on Human Rights and Human Traffi cking
call upon states to promote and protect human rights by establishing mechanisms to
monitor the human rights impact of anti-traffi cking laws, policies, programmes and
interventions. 428
The UNTOC in its Article 32 establishes the Conference of the Parties to improve
the capacity of states to combat trans-national organised crime. 429 At these sessions the
Conference of Parties discusses various issues including the basic adoption of national
legislation in accordance with the Traffi cking Protocol; the examination of criminal
legislation and diffi culties encountered in the implementation of Article 5 of the Protocol.
Issues related to Articles 6 and 9 (protection and assistance and prevention) were not
included in the fi rst questionnaire. 430 The report resulting from the sessions said that it
was demonstrated that in most states action had been undertaken with a view to ensuring
the availability of legislative tools to deal with the phenomenon, but went on to say
that beyond the existence of a normative anti-traffi cking framework at the national level,
states must continue to work to promote the consistency of national legislative responses
with the concepts and requirements of the Protocol. 431
The second Conference in 2005 included issues of assistance and prevention 432 and
the third in 2006 focused on states’ compliance with other provisions in the Protocol
including assistance and protection of victims. 433
The UN Rapporteur on Traffi cking in Persons has published multiple reports and
mission specifi c statements. 434 These reports focus on specifi c issues, including
428 The United Nations High Commissioner for Human Rights Recommended Principles and Guidelines
on Human Rights and Human Traffi cking – Guideline 7-8.
429 The Conference of the Parties was established under article 32 of the Organized Crime Convention. It
is mandated to review the implementation of the Convention and facilitate the exchange of information
among States on combatting the crimes addressed by the Convention and the Protocols thereto. At
the third session of the Conference of the Parties (Vienna, 9-18 October 2006), the Conference
adopted decision 3/2 on the implementation of the provisions on international cooperation in the
United Nations Convention against Trans-national Organized Crime, in which it emphasized that
the Convention was being successfully used by a number of States as a basis for granting requests for
extradition, mutual legal assistance and international cooperation for the purposes of confi scation,
and encouraged States parties to make greater use of the Convention as a legal basis for international
cooperation in extradition and mutual legal assistance, particularly where bilateral agreements and
domestic laws did not provide for such cooperation.
430 www.unodc.org/pdf/ctoccop_2005/quest_1-5_e.pdf
431 UN DOC CTOC/COP/2004/6,
http://www.unodc.org/documents/treaties/UNTOC/COP/session1/V0587363e.pdf
and Mattar, M.: Comparative Models of Reporting Mechanisms on the Status of Traffi cking in Human
Beings, p. 1399.
432 UN DOC CTOC/COP/2005/1.
433 UN DOC CTOC/COP/2006/1.
434 e.g. UN DOC A/HRC/4/23 (Jan 24, 2007); UN DOC E/CN.4/2006/62/Add.1 (Mar. 27, 2006);
UN DOC E/CN.4/2006/62 (Feb. 20, 2006); UN DOC E/CN.4/2006/62/Add.2 (Nov. 30, 2005);
UN DOC E/CN.4/2005/71 (Dec. 22, 2004).
158