A/HRC/35/33
31.
Until the adoption in 2000 of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime (the Trafficking Protocol), the
international legal framework covering trafficking in persons had been a patchwork of
treaties addressing slavery, 28 prostitution, 29 labour regulation 30 and human rights. 31 The
Trafficking Protocol provided the first comprehensive and internationally agreed-upon
conception of trafficking in persons, defining it as “the recruitment, transportation, transfer,
harbouring or receipt of persons, by [certain improper] means … for the purpose of
exploitation”. States are required to criminalize this conduct and, by virtue of the United
Nations Convention against Transnational Organized Crime, liability must also be
established for legal persons. 32 Furthermore, both the Convention and its Trafficking
Protocol have detailed provisions on many different forms of cross-border cooperation.33
32.
At the regional level, the Council of Europe Convention on Action against
Trafficking in Human Beings is a good example of a legally binding instrument covering
trafficking. As with the Trafficking Protocol, it obliges States to criminalize trafficking in
persons, ensure that legal persons be held liable for offences and cooperate with each other
to investigate and prosecute cross-border cases.
33.
Many different multilateral organizations have dedicated teams on trafficking in
persons and have created useful resources to facilitate cross-border cooperation. For
instance, UNODC has created multiple guides on trafficking in persons and cooperation, 34
maintains an online directory of authorities designated under the Trafficking Protocol, 35 has
developed a human trafficking knowledge portal to share legislation and jurisprudence
regarding trafficking in persons36 and implements capacity-building projects with States. 37
INTERPOL provides operational support and has specific tools on trafficking in persons in
its I-24/7 network, such as the Human Smuggling and Trafficking message and
MIND/FIND, to share information regarding trafficking and to run instantaneous checks
against INTERPOL databases.38
34.
Several European tools provide examples of regional initiatives that help crossborder cooperation in cases of trafficking in persons. Under the Schengen system, the Visa
Information System and Second Generation Schengen Information System allow
participating States to exchange information regarding the movement of people, including
by issuing and consulting alerts in real time on missing persons and suspected criminals.
35.
Europol administers multiple information exchange systems and an operational
project — FP Phoenix — to provide a range of specialist services related to cases of
trafficking in persons. Similarly, Eurojust has a project dedicated to trafficking in persons
and a case management system that helps coordinate operational activities. The
28
29
30
31
32
33
34
35
36
37
38
For example, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery (1956).
For example, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of Others (1950).
For example, the ILO Forced Labour Convention (1930) (No. 29) and Abolition of Forced Labour
Convention (1957) (No. 105).
For example, the Convention on the Elimination of All Forms of Discrimination against Women, art.
6, (1979); Convention on the Rights of the Child, art. 35 (1989); and Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child prostitution and child
pornography, arts. 1-3 (2000).
See Trafficking Protocol, arts. 1 and 5; and United Nations Convention against Transnational
Organized Crime, art. 10.
See Trafficking Protocol, arts. 9-11 and 13; and United Nations Convention against Transnational
Organized Crime, arts. 7, 13-21 and 26-30.
For example, the Toolkit to Combat Trafficking in Persons (2008); and Legislative Guides for the
Implementation of the United Nations Convention against Transnational Organized Crime and the
Protocols thereto (2004).
Available from www.unodc.org/cld/en/v3/sherloc/cnadir.html.
Available from www.unodc.org/cld/en/v3/htms/index.html.
See www.unodc.org/southeastasiaandpacific/en/Projects/2009_04/Transnational_Crime.html.
See www.interpol.int/Crime-areas/Trafficking-in-human-beings/INTERPOL-tools.
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