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 ARTIP | ASIA REGIONAL TRAFFICKING IN PERSONS PROJECT

 SECURING JUSTICE FOR VICTIMS AND ENDING IMPUNITY FOR TRAFFICKERS

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Trafficking in Persons and the Criminal Justice Sector

 Laws and Policies: International Framework around Trafficking in Persons


International Framework around Trafficking in Persons

  

ASEAN Member States and the International Legal Framework around Trafficking in Persons


International Framework around Trafficking in Persons
There are a number of international treaties and conventions, as well as other less formal statements of international law (soft law), which oblige states to act to prevent human trafficking, protect its victims and prosecute the perpetrators. Some of these treaties are specific to trafficking. Others, while not focused uniquely on trafficking in persons, have provisions which apply to trafficking either directly or indirectly. Finally there are international treaties which protect human rights or regulate international cooperation. These treaties have an indirect impact on the international legal framework prohibiting trafficking in persons.  

Treaties Specific to Trafficking in Persons
International
The United Nations Convention against Transnational Organised Crime is the parent Convention to the UN Trafficking Protocol and must be ratified before a State can become a party to the Trafficking Protocol. The Convention includes specific obligations that apply to the crime of trafficking when committed in the context of transnational organised crime. State Parties have certain obligations relating to the criminalisation of trafficking, sharing information, mutual legal assistance, witness protection and extradition. (pdf)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime obliges State Parties to criminalise and prevent trafficking, to assist victims of trafficking and to cooperate with other States in combating trafficking. (pdf)
Multilateral
The Council of Europe Convention on Action against Trafficking in Human Beings is predominantly focused on the safeguard of victim rights. It also addresses the prevention and prosecution of trafficking in persons. The convention applies to all forms of trafficking.
European Union Council Framework Decision of 19 July 2002 on combating trafficking in human beings outlines the offences concerning trafficking in human beings and obliges member States to take the necessary measures to ensure that the acts are punishable by effective, proportionate and dissuasive criminal penalties.
European Union Council Directive of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities defines the conditions for granting residence permits to Non- European Union Member Country nationals who are victims of trafficking crime.
The South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution promotes cooperation among Member States to deal with prevention, protection and punishment of trafficking in women and children for the purposes of prostitution. The Convention also focuses on rehabilitation and repatriation of victims between Member States.
 
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Treaties that Refer to Trafficking in Persons
International
The Convention on the Rights of the Child (CRC) obliges State Parties to take all necessary action to prevent the commercial exploitation of children, including through trafficking, and to ensure the best interests of the child are the primary consideration in relation to all aspects of the State’s response.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) obliges State Parties to take all appropriate measures to suppress the traffic in women and the exploitation of women through prostitution. The Optional Protocol to CEDAW provides a right of individual complaint and inquiry.
ILO Convention No. 182 – Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour includes trafficking in its definition of the ‘worst forms of child labour’ and obliges State Parties to take immediate measures to prohibit and eliminate the worst forms of child labour.
The Rome Statute of the International Criminal Court identifies trafficking in persons as a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population (article 7). The Rome Statute establishes the International Criminal Court which has jurisdiction over crimes against humanity (amongst other crimes).
The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography obliges State Parties to prohibit a range of exploitative practices against children, including trafficking, child prostitution and the sale of children.
ILO Convention No. 189 – Convention Concerning Decent Work for Domestic Workers sets standards for basic rights for domestic workers and, along with other protections, requires governments to set a minimum age for domestic work. To protect migrant workers, the treaty requires governments to regulate employment recruitment and to investigate abuse complaints. The treaty was adopted on 16 June 2011 and will come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
 
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Treaties that Relate Indirectly to Trafficking in Persons
International
The International Covenant on Civil and Political Rights obliges State Parties to prohibit slavery and the slave trade in all their forms, and to ensure that no-one is held in slavery or servitude or required to perform forced or compulsory labour. The first Optional Protocol to this Covenant provides a right of individual complaint.
The International Covenant on Economic, Social and Cultural Rights obliges State Parties to work towards granting economic social and cultural rights to individuals. Listed rights include the right to decent work in just and favourable working conditions (articles 6 and 7).
The United Nations Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment obliges State Parties to take effective measures to prevent torture within their borders.
The United Nations Convention against Corruption calls on State Parties to establish and promote practices aimed at preventing and criminalising corruption.
The International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families obliges all State Parties to protect a wide range of civil, political, economic, social, cultural and labour rights of migrant workers and members of their families during the entire migration process.
ILO Convention No 29 – Convention Concerning Forced or Compulsory Labour obliges State Parties to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.
ILO Convention No 105 – Convention Concerning the Abolition of Forced or Compulsory Labour obliges all State Parties to prohibit the practise of any form of forced or compulsory labour.
The Organisation for Economic Co-Operation and Development - OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions is relevant in situations where trafficking offences are facilitated by related offences such as organized crime, corruption and money laundering.
Multilateral
The Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries improves cooperation and assistance in transferring evidence from one country to another in connection with judicial proceedings or official investigations.
European Union Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings obliges Member States to ensure that victims have a real and appropriate role in the criminal legal system. The Framework outlines measures to secure the rights and legitimate interests of victims of crime during criminal proceedings in a way that recognises respect for their dignity.
The Inter-American Convention on International Traffic in Minors aims to prevent and punish the international traffic in minors and calls for prompt return of minor victims of trafficking to their habitual residence. This treaty deals primarily with inter-country adoption.
 
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Non-treaty Instruments and Documents that Relate to Trafficking in Persons
International
The UNHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking places the human rights of all trafficked persons at the centre of prevention, protection and prosecution efforts. It outlines 11 Guidelines for States to consider when developing and implementing anti-trafficking measures.
The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power guides the treatment of all victims of crime, including access to justice and fair treatment, restitution and compensation.
The UNICEF Guidelines on the Protection of Child Victims of Trafficking provide a guide for dealing with child victims of trafficking in a way that takes account of their special rights and needs.
Multilateral
The Association of Southeast Asian Nations (ASEAN) Declaration Against Trafficking in Persons Particularly Women and Children declares the commitment of Member States to address the problem of trafficking in persons in the ASEAN region.
The Association of Southeast Asian Nations (ASEAN) Criminal Justice Responses to Trafficking in Persons – ASEAN Practitioner Guidelines outline best practice in the areas of investigation, prosecution and adjudication of trafficking in persons cases. The Guidelines also cover practical issues such as evidence, mutual legal assistance and extradition.
UN G.I.F.T – East Asia and the Pacific, Recommendations on an Effective Criminal Justice Response to Trafficking in Persons, recommendations adopted by participants to the UN G.I.F.T. Regional Workshop on Criminal Justice Responses to Trafficking in Persons, provide guidance to criminal justice practitioners on the criminal justice elements of trafficking in persons, including investigation, prosecution and adjudication of cases (pdf)
The Memorandum Of Understanding on Cooperation against Trafficking in Persons in the Greater Mekong Sub-region provides a framework for the six Greater Mekong Sub-region States to cooperate to address trafficking in persons. Subsequent Sub-Regional Plans of Action outline the national, bilateral and sub-regional initiatives signatory States commit to undertake.
The European Union and African States, Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children establishes areas for States to address in dealing with the crime of human trafficking, including prevention and awareness raising, victim protection and assistance, legislative framework, policy development, law enforcement and cooperation and coordination. (pdf)
The Brussels Declaration on Preventing and Combating Trafficking in Human Beings, adopted by the European Conference on Preventing and Combating Trafficking in Human Beings – Global Challenge for the 21st Century calls on governments, international bodies and NGOs to take measures to intensify cooperation in the fields of prevention, victim protection and assistance and police and judicial cooperation.
Organisation for Security and Co-operation in Europe Permanent Council, Decision No. 557/Rev1 OSCE Action Plan to Combat Trafficking in Human Beings calls on States to incorporate best practice into their anti-trafficking policies. The Action Plan facilitates cooperation among participating States and recommends States engage with the international community’s anti-trafficking efforts.
Council of the European Union, EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings develops common standards and best practices to prevent and combat trafficking in persons.

Organisation of American States, Conclusions and Recommendations of the First Meeting of National Authorities on Trafficking in Persons, calls on State’s to criminalise and prevent trafficking in accordance with the UN Trafficking Protocol provisions and urges States that have not yet ratified the Protocol to do so. Determines that a comprehensive approach to preventing trafficking in persons crime includes measures to prevent trafficking, prosecute its perpetrators, protect and assist its victims and strengthen international cooperation.

The Draft Final Document of the Second Meeting of National Authorities on Trafficking in Persons1 reaffirms member’s commitment and responsibility to counter human trafficking, outlines practices to strengthen and improve the effectiveness of their initiatives and calls on States to adopt and implement measures that take into account human rights, gender and age.
 

A number of international agreements relevant to the trafficking in persons phenomenon precede the Convention against Transnational Organised Crime and its Trafficking Protocol. Whilst these instruments contribute to understanding the historical development of the current international legal framework, they are not central to the current framework and contemporary understanding of trafficking in persons crime. To review these treaties, see the United Nations Treaty Collection Chapter VII: Traffic in Persons database, available online (click here)		  
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ASEAN Member States and the International Legal Framework around Trafficking in Persons

  
The following table lists each ASEAN Member States status of ratification of a number of international treaties and conventions which form part of the international legal framework regulating trafficking in persons. The instrument abbreviations link to ratification and reservation information. The abbreviations are explained below the table, with links to the treaties and conventions.  


ASEAN Member States Status of Ratification of International Agreements relevant to Trafficking in Persons -
as at 25 August 2011 (instrument abbreviations link to current treaty status (either the United Nations Treaty Series or the International Labour Organisation database of international labour standards (ILOLEX)).

Instrument  ASEAN Member State (as at 25 August 2011)
(instrument abbreviations link to status (UNTS))
Brunei
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam
25 March
2008 (A) 		12 Dec
2005 (R) 		20 Apr
2009 (R) 		26 Sep
2003 (A) 		24 Sep
2004 (R) 		30 March
2004 (A) 		28 May
2002 (R) 		28 Aug
2007 (R) 		13 Dec
2000 (s) 		13 Dec
2000 (s)
  2 July
2007 (R) 		28 Sep
2009 (R) 		26 Sep
2003 (A)		 26 Feb
2009 (A)		 30 March
2004 (A) 		28 May
2002 (R) 		  18 Dec
2001 (s) 		 
27 Dec
1995 (A) 		15 Oct
1992 (A) 		5 Sep
1990 (R) 		8 May
1991 (A) 		17 Feb
1995 (A) 		15 July
1991 (A) 		21 Aug
1990 (R) 		5 Oct
1995 (A) 		27 March
1992 (A) 		28 Feb
1990 (R)
21 Nov
2006 (A) 		30 May
2002 (R) 		24 Sep
2001 (s) 		20 Sep
2006 (A) 		    28 May
2002 (R) 		  11 Jan
2006 (A) 		20 Dec
2001 (R)
24 May
2006 (A) 		15 Oct
1992 (A) 		13 Sep
1984 (R) 		14 Aug
1981 (R)		 5 July
1995 (A) 		22 July
1997 (A) 		5 Aug
1981 (R) 		5 Oct
1995 (A) 		9 Aug
1985 (A) 		17 Feb
1982 (R)
  11 April
2002 (R) 		        28 Dec
2000 (s) 		  2 Oct
2000 (s) 		 
  26 May
1992 (A) 		23 Feb
2006 (A) 		25 Sep
2009 (R) 		    23 Oct
1986 (R) 		  29 Oct
1996 (A) 		24 Sep
1982 (A)
  26 May
1992 (A)		 23 Feb
2006 (A)		 13 Feb
2007 (R) 		    7 Jun
1974 (R) 		  5 Sep
1999 (A) 		24 Sep
1982 (A)
  15 Oct
1992 (A) 		28 Oct
1998 (R) 		      18 Jun
1986 (A) 		  2 Oct
2007 (A) 		 
2 Dec
2008 (R) 		5 Sep
2007 (A) 		19 Sep
2006 (R) 		25 Sep
2009 (R) 		24 Sep
2008 (R) 		2 Dec
2005 (s) 		8 Nov
2006 (R) 		6 Nov
2009 (R) 		1 Mar 2011  (R) 19 Aug
2009 (R)
  27 Sep
2004 (s) 		22 Sep
2004 (s) 		      5 July
1995 (R) 		     
  24 Feb
1969 (R) 		12 June
1950 (R) 		21 Jan
1964 (R) 		11 Nov
1957 (R) 		4 March
1955 (R) 		15 July
2005 (R) 		25 Oct
1965 (R) 		26 Feb
1969 (R) 		5 March
2007 (R)
  23 Aug
1999 (R) 		7 June
1999 (R) 		      17 Nov
1960 (R) 		  2 Dec
1969 (R) 		 
9 June
2008 (R)		 14 March
2006 (R) 		28 March
2000 (R) 		13 June
2005 (R) 		10 Nov
2005 (R) 		  28 Nov
2000 (R) 		14 June
2001 (R) 		16 Feb
2001 (R) 		19 Dec
2000 (R)
 
Brunei
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam


R = ratified; A = acceded to; s = signed

Abbreviation Instrument
UNTOC Convention against Transnational Organised Crime
UN Trafficking Protocol Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime
CRC Convention on the Rights of the Child
CRC Optional Protocol Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
CEDAW Convention on the Elimination of All Forms of Discrimination Against Women
Rome Statute of the ICC Rome Statute of the International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
UNCAT Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment
UNCAC Convention against Corruption
Migrant Workers Convention International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
ILO 29 International Labour Organisation Convention concerning Forced or Compulsory Labour
ILO 105 International Labour Organisation Convention concerning the Abolition of Forced Labour
ILO 182 International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

 
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1. The Second Meeting was held in Buenos Aires, Argentina, March 25-27 2009 (click here for online information).
2. News media articles report that Indonesia’s House of Representatives ratified the UN Trafficking Protocol on 3 February 2009 . See, for example, Febriamy Hutapea, ‘House Targets Human Trade’, Jakarta Globe, 4 February 2009. This article is available online at http://www.thejakartaglobe.com/news/article/8488.html. As at 1 March 2009, this status has not been recorded in the online UN Treaty Collection Database of Depositary Notifications, see http://treaties.un.org/Pages/CNs.aspx.

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Contact Us | Last Updated: October 2011 | ©2006 Asia Regional Trafficking in Persons Project
Note: The individuals depicted in the photos throughout this site are not trafficked persons. Their eyes / faces are covered to highlight good practice: trafficked victim’s right to privacy should be respected.