A/HRC/10/16
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C. National legal regimes
28. In most countries of the world some forms of trafficking or related activities are considered
a serious crime under applicable penal or criminal laws. Responses to the questionnaire sent by
the Special Rapporteur demonstrate that most countries criminalize trafficking for prostitution of
women and children; few however criminalize trafficking for forced labour or trafficking in men.
29. Although the Palermo Protocol to date has been ratified by 119 States, implementation
levels remain low in many countries, including those of origin, due to a lack of comprehensive
national legislation, resources to enforce the laws and political will.
30. Article 2 of the Palermo Protocol states that the purposes of the Protocol are to prevent and
combat trafficking in persons, to protect and assist the victims, and to promote cooperation in
order to meet these goals.
31. Article 9 of the Protocol provides, under “prevention, cooperation and other measures”
that:
“4. States Parties shall take or strengthen measures, including through bilateral or
multilateral cooperation, to alleviate the factors that make persons, especially women and
children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal
opportunity.
5.
States Parties shall adopt or strengthen legislative or other measures, such as
educational, social or cultural measures, including through bilateral and multilateral
cooperation, to discourage the demand that fosters all forms of exploitation of persons,
especially women and children that leads to trafficking.”
32. The responses of States on the question of national legislative measures to address the
trafficking problem show that a significant number of countries,16 especially States parties to the
Palermo Protocol, have embarked upon legislative reforms, often by amending existing criminal
laws and/or developing new anti-trafficking legislation. While these moves are highly
commendable, care must be taken to ensure that the new anti-trafficking legislation is in
accordance with international human rights standards and broad enough to cover victim
protection, rehabilitation and reintegration.
33. Mere amendments of existing criminal laws are often insufficient because they address
trafficking only from the perspective of crime and border control. A comprehensive legislative
response requires additional legislation that also addresses other aspects of trafficking in persons
and, in particular, the rights of the victims. Encouragingly, according to the replies to the
16
Forty-two out of the 58 States that replied as at 4 December 2008 have either a separate new
law on trafficking or have amended their penal and criminal codes to prohibit and punish the
crime of trafficking and/or harmonize their legislation with the Palermo Protocol.
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