Law+and+Treaties+Human+Traffick

= **Law and Treaties Related to Human Trafficking** =

Treaties and Conventions

 * ** United Nations Convention on Transnational Organized Crime **
 * Adopted by General Assembly Resolution 55/25 on November 15th, 2000. It is the main United Nations instrument on the fight against transnational organized crime, including the trafficking of persons. It was signed at a special conference held in Palermo, Italy. The Convention is supplemented by three protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially in Women and Children; the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. In order to become a party to any of the protocols, countries must first become a party to the Convention. The Convention represents a major step forward on the topic, and further elaborates on the prevention and prosecution of groups involved with the trafficking of humans.
 * Access the Convention at: https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf
 * ** The Declaration of Istanbul on Organ Trafficking and Transplant Tourism **
 * This document was established for the main purpose of combatting illicit organ trafficking and organ transplant tourism. In 2004, the World Health Assembly urged member states to take measures to protect the impoverished from transplant tourism, and to take further actions to address international organ trafficking of human organs and tissues. On April 30th, 2008, more than 150 representatives of scientific and medical bodies from around the world gathered in Istanbul, Turkey, to draft a document that would target the issue of organ trafficking. From the plenary sessions of this meeting, the Declaration of Istanbul on Organ Trafficking and Transplant Tourism was created.
 * Access to more information and the declaration at: http://www.declarationofistanbul.org/
 * ** General Assembly Resolution A/RES/55/25 **
 * This resolution was created by the General Assembly and called for the adoption of the United Nations Convention on Transnational Organized Crime. It's statement of purpose was "...to promote cooperation to prevent and combat transnational organized crime more effectively". While it does not directly mention human trafficking (in the title), human trafficking is a transnational crime and thus is targeted effectively in the resolution and convention. It considers the exploitation of organs, sexual exploitation, and other methods of human trafficking. It was adopted on the 8th of January, 2000.
 * Access to the resolution at: http://www.unodc.org/pdf/crime/a_res_55/res5525e.pdf
 * ** WHA63.22 **
 * World Health Assembly document 63.22 targets human organ and tissue transplants specifically. It regulates the transplantation of human organs and tissues, and urges member states to follow the legal guidelines set and to tackle transplant tourism.
 * Acces to the document at: http://apps.who.int/gb/ebwha/pdf_files/WHA63/A63_R22-en.pdf
 * ** WHO Resolution 44.25 **
 * The WHO resolution 44.25 (1991) adopted the first draft of the World Health Organization's guidelines on the transplantation of human tissues and organs, establishing the procedural and ethical framework for this. This is important because it officially established what the ethical procedures are, and helps define "illicit" organ trade.
 * ** Trafficking in Persons Protocol (also known as Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) **
 * The Trafficking in Persons Protocol is a supplementary protocol to the United Nations Convention against Transnational Organized Crime. It was established in 2000 to "...prevent and combat trafficking in persons, paying particular attention to women and children;" and "...protect and assist the victims of such trafficking, with full respect for their human rights;". It was also created to "...promote cooperation among States Parties in order to meet these objectives." Women make up roughly 60% of trafficked persons, which is why this is such an important protocol; it pays special attention to the most vulnerable and affected persons. It targets the definition of victims of human trafficking, and their protection from human trafficking. It is one of the most crucial protocols to this convention.
 * Access to the Protocol at: http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_%20traff_eng.pdf
 * ** Council of Europe Convention on Action against Trafficking in Human Beings **
 * This Convention was created to tackle the trafficking in human beings within Europe, including slavery and sexual exploitation. It tackles problems such as border control, prevention of human trafficking, measures to discourage trafficking demand, security and checking of legal documents, and victim assistance. It also mentions the aspect of criminal law behind it, and how it can be applied to cases of human trafficking in Europe. Considering the situation of human trafficking (often through sexual exploitation) from Eastern Europe, this is an important convention for Europe. It was completed in Warsaw in May 2005, in both English and French, and a copy was disseminated by the Secretary General of the Council of Europe to every member State of the Council of Europe.
 * Access to the convention at: http://www.conventions.coe.int/Treaty/EN/Treaties/Html/197.htm
 * ** Smuggling of Migrants Protocol (formally the Protocol Against The Smuggling of Migrants by Land, Sea and Air) **
 * The Smuggling of Migrants Protocol is also a supplementary protocol to the Convention on Transnational Organized Crime. It tackles the same issues as the other supplementary protocols, but places specific emphasis on the means of transportation of human trafficking victims by land, sea, and air. It defines terms such as "illegal entry" and "fraudulent travel or identity document", and how these terms apply to human trafficking situations. This protocol further discusses the illegal entry and documentation of human trafficking victims, and sets guidelines as to how they are to be treated if detected.
 * Access to the protocol at: http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_smug_eng.pdf


 * Outline for the Book:**

1. Definition of Treaty and Convention 2. UN Treaties and Conventions 3. NGO and Further Separate Conventions
 * 1) Treaty (The definition and relevance of treaties)
 * 2) Convention (The definition and relevance of conventions)
 * 3) Compare and Contrast of Treaties vs. Conventions
 * 1) Smuggling of Migrants Protocol
 * 2) Trafficking in Persons Protocol
 * 3) United Nations Convention Against Transnational Organized Crime
 * 1) Council of Europe Convention on Action against Trafficking in Human Beings
 * 2) General Assembly Resolution A/RES/55/25
 * 3) The Declaration of Istanbul on Organ Trafficking and Transplant Tourism