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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