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Mr. Akira Fujino Representative United Nations Office on Drugs and Crime ( UNODC)

Asian-African Legal Consultative Organization (AALCO) Special Meeting on Trafficking in Persons, Especially Women and Children June 2004, Bali. Mr. Akira Fujino Representative United Nations Office on Drugs and Crime ( UNODC) Regional Centre for East Asia and the Pacific Bangkok, Thailand.

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Mr. Akira Fujino Representative United Nations Office on Drugs and Crime ( UNODC)

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  1. Asian-African Legal Consultative Organization (AALCO) Special Meeting on Trafficking in Persons, Especially Women and Children June 2004, Bali Mr. Akira Fujino Representative United Nations Office on Drugs and Crime (UNODC) Regional Centre for East Asia and the Pacific Bangkok, Thailand

  2. 1) Convention against Transnational Organized Crime (TOC) and the supplementing Protocols 2) Relationship between the Convention and the Trafficking Protocol3) Definition & Root Causes of human trafficking;4) Distinction between trafficking in human beings and smuggling of migrants; United Nations Office on Drugs and CrimeUNODC

  3. Legal instruments • United Nations Convention against Transnational Organized Crime • Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children • Protocol against the Smuggling of Migrants by Land, Sea and Air

  4. The United Nations Convention against Transnational Organized Crime and its additional ProtocolsStatus

  5. Signature/Ratification Status of Participating Countries of the AALCO

  6. Protocol Relationship to the Convention • To become Party to a protocol, a State must first be a Party to the Convention (Convention art. 37) • Protocols interpreted together with the Convention (Convention art. 37) • Convention provisions apply to protocols, mutatis mutandis (Protocols, art.1.2) • Protocol offences regarded as convention offences (Protocols, art. 1.3)

  7. Human Trafficking

  8. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

  9. the action of trafficking; the means of trafficking; and the purpose of trafficking. The definition on trafficking consists of three elements:

  10. [Action:] The recruitment, transportation, transfer, harbouring or receipt of persons;

  11. [Means:] By means of the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim;

  12. [Purpose:] For the purpose of exploitation, which includes the exploiting of prostitution of others, sexual exploitation, forced labour, slavery or similar practices, and the removal of organs.

  13. The Issue of Consent, article 3 (b) Consent becomes irrelevant whenever any of the “means” of trafficking are used • A child cannot consent even if the “means” are not involved

  14. Crimes related to trafficking in persons

  15. MigrantSmuggling

  16. - Article 3 - “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident. Definition of Smuggling Protocol

  17. In other words, trafficking in persons is smuggling plus coercion or deception at the beginning of the process and exploitation at the end.

  18. Distinction between trafficking in human beings and smuggling of migrants Exploitation Transnationality Consent

  19. Consent The smuggling of migrants involves migrants who have consented to the smuggling. Trafficking victims, on the other hand, have either never consented OR if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive actions by the traffickers

  20. Exploitation Smugglingends with the arrival of the migrants at their destination. Whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers.

  21. Transnationality Smuggling is always transnational, whereas trafficking need not be. Trafficking can occur regardless of whether victims are taken to another country or only moved from one place to another within the same country.

  22. UNODC Projects

  23. Africa ECOWAS Implementing ECOWAS Plan of Action. Draft new legislation West Africa - Benin, Togo, Nigeria Advance institutional capacity Strengthen regional joint action

  24. Asia Philippines II – Victim Support Create/Expand rehabilitation facilities for victim support Implement vocational training Thailand - Computer Based Training Law enforcement awareness raising. Pilot program for regional CBT Training.

  25. Conference of the Partiesto the United Nations Convention Against Transnational Organized Crime And its Protocols 28 June to 9 July 2004 Vienna

  26. Mandate • Pursuant to Article 32: • The Conference of the Parties is expected to consider mechanisms to: • facilitate activities of state parties under the Convention; • facilitate exchange of information; and • Review the Convention’s implementation

  27. Thank you for your attention!Questions? United Nations Office on Drugs and CrimeUNODC

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