A/HRC/20/18 victim’s consent does not alter the offender’s criminal liability.12 States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission,13 and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. 14 This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues. 19. The information received by the Special Rapporteur indicated that a significant majority of States have criminalized trafficking in persons. As the Protocol to Prevent, Suppress and Punish Trafficking in Persons is not self-executing, States will need to take proactive action to ensure its implementation in domestic law. Some States already had laws that met the requirements of the Protocol: Finland, for example, has had long established laws on trafficking, and its legislation met the standard of the Protocol, even before the Convention came into force. 15 In recent years, a number of other States, including Lesotho,16 Lebanon17 and Romania,18 have passed new anti-trafficking laws. 20. In Asia, Cambodia, Indonesia, Malaysia and Viet Nam19 have also enacted new laws on trafficking following a thorough review of relevant national legislation. 20 Thailand, despite not having ratified the Trafficking Protocol, defines exploitation in a manner very close to its language.21 21. The information received indicated that only a minority of States do not have laws criminalizing human trafficking. For example neither Estonia 22 nor Panama23 has an antitrafficking law, although relevant cases have reportedly been prosecuted under other criminal offences. The Special Rapporteur is pleased to learn that, a bill and an amendment to the criminal code are respectively pending adoption. 22. The Special Rapporteur observes, however, that legislation is not an end in itself. Even in States with strong anti-trafficking measures, laws are sometimes not enforced or there is a lack of implementing regulations. Indeed, certain countries with strong legal 12 13 14 15 16 17 18 19 20 21 22 23 6 Ibid., art. 3. See also the Convention on Action against Trafficking in Human Beings, art. 3 (b), and the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, art. I (3). United Nations Convention against Transnational Organized Crime, art. 5; Protocol to Prevent, Suppress and Punish Trafficking in Persons, art. 5(2) Convention on Action against Trafficking in Human Beings, art. 21; SAARC Convention, art. 3; Directive I 2011/36/EU , art. 3. United Nations Convention against Transnational Organized Crime, art. 9; Protocol to Prevent, Suppress and Punish Trafficking in Persons, art. 5, Convention on Action against Trafficking in Human Beings, art. 22; Directive I 2011/36/EU, art. 5. See also the United Nations Global Plan of Action to Combat Trafficking in Persons, para. 44. See submission by Finland. Anti-Trafficking in Persons Act of Lesotho. Act No. 164/ 2011 on prosecuting the crime of trafficking in persons; see submission by Lebanon, p. 2. Law No. 678/2011 on the prevention and fight against trafficking in human beings; see submission by Romania, p. 1. Law on Preventing and Combating Trafficking in Persons of 29 March 2011; see submission by Viet Nam, p. 2. See Progress Report on Criminal Justice Responses to Trafficking in Persons in the ASEAN Region, ARTIP Project, available from www.artipproject.org/. A/HRC/20/18/Add.2, para.18. See submission by Estonia, p. 1. United States Department of State, Trafficking in Persons Report 2011 (available from www.state.gov/j/tip/rls/tiprpt/2011/), p. 289.

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