Recensione Sunfire Hrs

PROTOCOL TO PREVENT, SUPPRESS

AND PUNISH TRAFFICKING IN PERSONS,

ESPECIALLY WOMEN AND CHILDREN,

SUPPLEMENTING THE CONVENTION

AGAINST UNITED NATIONS

ORGANIZED CRIME

CRIME

UNITED NATIONS

Entry into force: 12.25.2003

Preamble

States Parties to this Protocol,

Declaring

that effectively prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in countries of origin, transit and destination that includes measures to prevent trafficking, punish traffickers and protect victims of trafficking, including by protecting their internationally recognized human rights recognized

Given

that while there are a variety of international instruments containing rules and practical measures to combat exploitation of people, especially women and children, no universal instrument that addresses all aspects of trafficking

people

Concerned because in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected,

Recalling resolution 53/111 of the General Assembly of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc to elaborate a comprehensive international convention against transnational organized crime and of discussing development, inter alia, an international instrument addressing trafficking in women and children, Convinced that preventing and combating that crime will be useful to complement the United Nations Convention against Transnational Organized Crime with an international instrument to Prevent, Suppress and Punish Trafficking in Persons, Especially women and children,

agreed as follows :

I. General provisions

Article 1

Relationship United Nations Convention against

Transnational Organized Crime 1. This Protocol supplements the United Nations Convention against Transnational Organized Crime

and construed together with the Convention. 2. The provisions of the Convention shall apply mutatis mutandis to this Protocol unless it is otherwise.

3. The offenses established in accordance with Article 5 of this Protocol shall be regarded as offenses

established under the Convention.

Article 2

Purpose

The purposes of this Protocol are:

a) Prevent and combat trafficking in persons, paying particular attention to women and children; b) protect and assist victims of trafficking, while fully respecting their human rights and

c) To promote cooperation among States Parties to achieve these ends.

Article 3

Definitions

For the purposes of this Protocol:

a) "Trafficking of persons means the recruitment, transportation, transfer, harboring or receipt of persons, by threat or use of force or other forms of coercion, of abduction, of fraud, deception, abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for purposes of exploitation. Exploitation shall include, at a minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs;

b) The consent of a victim of human trafficking for all forms of exploitation that intends to conduct described in paragraph a) of this Article shall not be taken into account when it was referred to any of the means set forth in that paragraph;

c) The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if not used any of the means set forth in paragraph a) of this article;

d) "Child" means any person under 18 years.

Article 4

Scope

Unless otherwise provided herein, this Protocol shall apply to the prevention, investigation and prosecution of the offenses under Article 5 of this Protocol, where such crimes are transnational in nature and involve an organized criminal group, as well as the protection of victims of such crimes.

Article 5

Penalty

1. Each State Party shall adopt such legislative and other measures necessary to criminalize under their domestic law the conduct set forth in Article 3 of this Protocol, when committed intentionally.

2. Each State Party shall also adopt such legislative and other measures

necessary to criminalize:

a) Subject to the concepts basic legal system, attempting to commit an offense under paragraph 1 of this article; b) Participating as an accomplice in the commission of an offense under paragraph 1 of this article , and

c) Organizing or directing other persons to commit an offense under paragraph 1 of this article.

II. Protecting victims of trafficking

Article 6

assistance and protection to victims of human trafficking

1. Where appropriate and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, in particular, among other things, providing for the confidentiality of legal proceedings relating to such trafficking.

2. Each State Party shall ensure that its legal or administrative system contains

steps to provide victims of trafficking in persons, appropriate:

a) Information on relevant court and administrative proceedings;

b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders without diminishing the rights of defense.

3. Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, where appropriate, in cooperation with NGOs, other relevant organizations and other sectors of civil society, and in particular by providing:

a) Appropriate housing; b) Counselling and information, particularly regarding their legal rights in a

language that the victims of trafficking in persons can understand;

c) Medical, psychological and material, and

d) Employment, education and training.

4. Each State Party shall, in implementing the provisions of this Article, age, gender and special needs of victims of trafficking in persons, particularly children's special needs, including housing, education and care .

5. Each State Party shall endeavor to provide the physical safety of victims of trafficking in persons while they are in their territory.

6. Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damages.

Article 7

Status of victims of trafficking

in the receiving State

1. In addition to adopting the measures provided for in Article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking to remain in its territory, temporarily or permanently, as appropriate.

2. In implementing the provision contained in paragraph 1 of this article, each State Party shall give due consideration to humanitarian and compassionate factors.

Article 8

Repatriation of victims of human trafficking

1. The State Party whose national is a victim of trafficking or who had the right of permanent residence at the time of entry into the territory of the Party receptor facilitate and accept, without undue delay or unreasonable, the return of that person taking

due regard for safety.

2. When a State Party returns a victim of trafficking in persons to a State Party that person is a national or in which had the right of permanent residence in the

time of entry in the territory of the receiving State Party shall ensure that such return shall be with due regard for the safety of that person, and the status of any legal proceedings related to the fact that the person is a victim of trafficking, and preferably voluntarily.

3. When requested by a receiving State Party, each State Party shall, without undue or unreasonable, if the victim of trafficking is one of its nationals or had the right of permanent residence in its territory at the time of entry into the State Party receiver.

4. To facilitate the repatriation of a victim of trafficking in people without proper documentation, the State Party of which that person is a national or in which it had the right of permanent residence at the time of entry into the territory of the Receiving Party shall agree to issue, upon request of the receiving State Party, such travel documents or other authorization as may be necessary for the person to travel to their territories and re-enter.

5. This Article shall not affect the rights afforded to victims of trafficking in persons by any domestic law of the receiving State Party.

6. This article shall be without prejudice to any agreement or bilateral or multilateral arrangement that governs, in whole or in part, the return of victims of human trafficking.

III. Prevention, cooperation and other measures

Article 9

Prevention of trafficking 1. States Parties shall establish comprehensive policies, programs and other comprehensive measures to

order to:

a) Prevent and combat trafficking in persons, and

b) Protect victims of trafficking in persons, especially women and children, against a

re-victimization. 2. States Parties shall seek measures such as research and information campaigns and dissemination, as well as social and economic initiatives with a view to preventing and

combat trafficking. 3. Policies, programs and other measures taken under this article shall, where appropriate, cooperation with NGOs, other relevant organizations and other sectors of civil society.

4. States Parties shall take or strengthen measures, including using

to bilateral or multilateral cooperation, to mitigate factors such as poverty, underdevelopment and lack of equal opportunity to make people, especially women and children vulnerable to trafficking.

5. States Parties shall take legislative or other measures, such as educational, social and cultural rights, or strengthen existing ones, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation to the Trafficking in Persons, Especially Women and Children.

Article 10

Information exchange and training

1. The authorities of the States Parties in charge of law enforcement and immigration authorities or other competent authorities cooperate with each other, as appropriate, by exchanging information in accordance with its domestic law, in order to determine:

a) Whether individuals crossing or attempting to cross an international travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking;

b) The types of travel document that individuals have used or attempted to use to

cross an international border for trafficking in persons; c) Means and methods used by organized criminal groups for the purpose of trafficking

people, including the recruitment and transport routes and links between individuals and groups

involved

in such trafficking, and possible measures for detecting them. 2. States Parties shall provide to officials responsible for enforcing the law and

to immigration and other relevant officials in preventing trafficking or strengthen training, as appropriate. The training should focus on methods to prevent trafficking, prosecute traffickers and protect victims' rights, including protection of victims from the traffickers. The training should also take into account the need to consider human rights and issues concerning children and women, and promote cooperation with NGOs, other relevant organizations and other sectors of civil society.

3. The State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.

Article 11

Border measures

1. Without prejudice to international commitments relating to free movement People, States Parties shall strengthen, to the extent possible, such border controls as are necessary to prevent and detect trafficking in persons.

2. Each State Party shall adopt legislative or other measures to prevent, as far as possible, the use of means of transport operated by commercial carriers for the commission of the offenses under Article 5 of this Protocol.

3. Where appropriate and without prejudice to applicable international conventions provide for, among these measures, the obligation of commercial carriers, including business transport, as well as the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.

4. Each State Party shall take the necessary measures in accordance with its domestic law to provide for penalties for breach of the obligation in paragraph 3 of this article.

5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, deny entry or revocation of visas of persons implicated in the commission of offenses under this Protocol. 6. Without prejudice to Article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies, in particular, inter alia, establishing and maintaining direct channels of communication.

Article 12

Security and control of documents

Each State Party shall, with the means at its disposal, the measures required to:

a) Ensuring the necessary quality of travel documents or identity issue to that they can not easily be misused and falsified or altered, reproduced or

illegally issued, and

b) Ensuring the integrity and security of travel documents or identity issues or to be issued in your name and prevent the creation, issuance and use of such documents.

Article 13

Legitimacy and validity of documents

the request of another State Party, each State Party shall, in accordance with its domestic law and within a reasonable time the legitimacy and validity of travel documents or identity documents issued or allegedly issued in its name and suspected of being used for trafficking.

IV. Final provisions

Article 14

safeguard clause

1. Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights and in particular, where applicable, the Convention on the Status of Refugees of 1951 and its 1967 Protocol and the principle of non-refoulement as contained therein.

2. The measures provided for in this Protocol shall be interpreted and applied so as not discriminatory to persons on the ground that they are victims of trafficking. The interpretation and application of those measures shall consistent with the principles of internationally recognized non-discrimination.

Article 15

Dispute

1. States Parties shall endeavor to settle disputes concerning the interpretation

2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that can not be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on arbitration, any of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court. 3. Each State Party may, at the time of signature, ratification, acceptance or approval of this Protocol or accession thereto, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party having made such reserve.

4. The State Party having made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary General of the United Nations.

Article 16

Signature, ratification, acceptance, approval or accession

1. This Protocol shall be open for signature by all States from 12 to 15 December

2000 in Palermo (Italy) and after that date the United Nations Headquarters in New York until 12 December 2002.

2. This Protocol shall also be open for signature by regional organizations

integration organizations provided that at least one of the Member States of such organization has

signed this Protocol in accordance with in paragraph 1 of this article.

3. The present Protocol is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall with the Secretary General of the United Nations. The regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence over matters governed by this Protocol. These organizations shall also inform the depositary of any relevant modification in the extent of its competence.

4. This Protocol shall be open to accession by all States and regional organizations economic integration which at least one member State is a Party to this Protocol. The instruments of accession shall be deposited with the Secretary General of the United Nations. At the time of its accession, regional economic integration organizations shall declare the extent of its competence over matters governed by this Protocol.

These organizations shall also inform the depositary of any relevant modification in the extent of its competence.

Article 17

Entry into force

1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, provided it does not come into force before the entry into force of the Convention. For the purposes of this paragraph, any instrument deposited by a regional economic integration organization as additional to those deposited by States members of that organization.

2. For each State or regional economic integration which ratifies, accepts or approves this Protocol or accedes thereto after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, this Protocol shall enter into force thirty days after the date on which such State or organization deposit of the instrument or the date of its entry into force under paragraph 1 of this article, whichever is the later.

Article 18

Amendment

1. When five years have elapsed the entry into force of this Protocol, States Parties to the Protocol may propose amendments in writing to the Secretary General of the United Nations, who shall thereupon communicate the proposed amendment to States Parties and the Conference of the Parties to the Convention to of considering and deciding on the matter. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If you have exhausted all possibilities of reaching a consensus and has not reached agreement, approval of the amendment will require, ultimately, a majority of two thirds of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties. 2. The regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of

Member States which are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article is subject

to ratification, acceptance or approval by States Parties.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into

force for a State Party ninety days after the date of the deposit with the Secretary General of the United Nations an instrument of ratification, acceptance or approval of such amendment. 5. When an amendment enters into force, be binding on those States Parties which have expressed their consent to it. The other States Parties still being bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or

approved.

Article 19

Report

1. A State Party may denounce this Protocol by written notification to the Secretary General of the United Nations. Denunciation shall take effect one year after the date on which the Secretary General has received the notification.

2. The regional economic integration organization shall cease to be party to this Have denounced the Protocol when all Member States.

Article 20

Depositary and languages \u200b\u200b

1. The Secretary General of the United Nations is the depositary of this Protocol. The original of this Protocol, of which the Arabic, Chinese, English, French, English and Russian texts are equally authentic, shall be deposited with the Secretary General of the United Nations.

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their

respective Governments, have signed this Protocol.