GBCaldwell@aol.com
Fri, 12 Jun 1998 14:33:25 EDT
Dear STOP TRAFFIC List members:
We are attaching below two resolutions which were recently passed by the UN
Commission on Crime Prevention and Criminal Justice (the Crimes Commission).
We have been informed by Jim Puglio, an official in the US Department of
State, that they will form the basis for protocols on trafficking which will
be attached to a forthcoming Crime Convention.
The new Crime Convention will address trafficking, as well as several other
issues relevant to transnational organized crime (ie. money laundering, small
arms trafficking, etc). It is scheduled for development over the next 18
months, after which point it will be submitted to the General Assembly of the
United Nations for a vote. The only other information we have on the new
Convention is that it is supposed to be "cost neutral," ie. that there will
probably not be a specially designated body for monitoring implementation.
One major problem with the resolutions attached below is that they do not
define the term "trafficking". We have suggested that moving forward in
negotiations, Mr. Puglio consider supporting the following definition utilized
in the U.S. Congressional Resolution on trafficking introduced in March of
1998 by Senators Wellstone, Feinstein and Rep. Louise Slaughter in the House
of Representatives:
(1) Trafficking consists of all acts involved in the recruitment or
transportation of persons within or across borders, involving deception,
coercion or force, abuse of authority, debt bondage or fraud, for the purpose
of placing persons in situations of abuse or exploitation such as forced
prostitution, sexual slavery, battering and extreme cruelty, sweatshop labor
or exploitative domestic servitude;
(2) Trafficking also involves one or more forms of kidnaping, false
imprisonment, rape, battering, forced labor or slavery-like practices which
violate fundamental human rights;
We will keep you posted as to what further information we learn regarding this
process, and welcome input from anyone online who may be able to shed further
light on where things are going (perhaps someone from the UN Center on
Transnational Organized Crime in Vienna?).
Best regards
Gillian Caldwell
Co-Director
Global Survival Network
______________________________________________________________________________
United Nations
Economic and Social Council
Distr.
LIMITED
E/CN.15/1998/L.3/Rev.1
28 April 1998
ORIGINAL: ENGLISH
V.98-53075 (E)
COMMISSION ON CRIME PREVENTION
AND CRIMINAL JUSTICE
Seventh session
Vienna, 21-30 April 1998
Agenda item 6
INTERNATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME
Argentina, Austria, Canada, Columbia, Italy, Russian
Federation and
the United States: revised draft resolution V
The Commission on Crime Prevention and Criminal Justice recommends to the
Economic and Social Council the adoption of the following draft resolution:
Action to combat international trafficking in women and children
The Economic and Social Council,
Gravely concerned by the significant and continuing increase in the activities
of transnational criminal organizations and others that profit from
international trafficking in women and children,
Declaring that the attention and resources of law enforcement authorities,
particularly in the countries of destination for the women and children being
trafficked, must be directed towards preventing and punishing the activities
of all those involved in organizing and facilitating such international
trafficking, including criminal groups, individual traffickers, employers and
consumers, who often force women and children into forms of debt bondage,
servitude or sexual exploitation, involving criminal activities, in order to
pay for their passage,
Recognizing that organized international criminal groups are becoming
increasingly dangerous and active in international trafficking in women and
children, without regard to dangerous and inhumane conditions and in flagrant
violation of domestic laws and international standards,
Recalling the report of the meeting of the inter-sessional open-ended
intergovernmental group of experts on the elaboration of a preliminary draft
of a possible comprehensive international convention against organized
transnational crime, held at Warsaw from 2 to 6 February 1998, as well as the
text of such a draft convention submitted by the Government of Poland,
Recalling its resolution 1996/26 of 24 July 1996, on measures to prevent
illicit international trafficking in children and to establish penalties
appropriate to such offenses,
Recalling General Assembly resolution 52/86 of 12 December 1997, on crime
prevention and criminal justice measures to eliminate violence against women,
Convinced of the need for all States to protect fully the universally
recognized human rights of women and children, regardless of their legal
status, and to provide humane treatment, particularly with regard to
assistance, and protection,
Recognizing that international trafficking in women and children has high
social and economic costs, often contributing to official corruption and
burdening law enforcement agencies in all States where women and children
subjected to such trafficking depart, transit or are found,
Reaffirming respect for the sovereignty and territorial integrity of all
States, including their right to control immigration flows,
Concerned that trafficking in women and children undermines public confidence
laws, policies and procedures relating to immigration and to ensuring the
protection of genuine refugees,
Commending those States that have enacted effective domestic legislation
permitting seizure and forfeiture of property, both real and personal, that is
knowingly used in organized criminal activities that involve trafficking in
women and children, as well as all property used in or derived from such
trafficking,
Encouraging Member States that have not done so to enact domestic criminal
legislation to combat international trafficking in women and children,
Concerned that, in the absence of a universal instrument on these matters,
women and children will not be sufficiently protected against this type of
crime, which is increasingly transcending national borders,
Declaring that effective action to combat international trafficking in women
and children requires a comprehensive approach in the countries of origin,
transit and destination that includes preventive measures against traffickers
and all those who assist in them and protective measures to aid victims of
trafficking, including protection for those victims who would assist in the
prosecution of the traffickers,
I. Decides that the ad hoc committee on the elaboration of a comprehensive
international convention against transnational organized crime, to be
established by the General Assembly, should hold discussions on the
elaboration as appropriate of an international instrument addressing
trafficking in women and children;
II. Stresses the relevance of the following issues in connection with
trafficking in women and children:
III. The need for States to take effective and expeditious measures,
particularly the enactment or amendment, if necessary, of domestic
legislation, to provide appropriate penalties, such as substantial
imprisonment, fines and forfeiture, in order to combat all aspects of
organized criminal activities related to trafficking at the international
level in women and children,
IV. The importance of sharing information, coordination of law enforcement
activities and otherwise cooperating, if their laws permit, in order to locate
and arrest those who organize trafficking in women and children, as well as
those who exploit those trafficked;
V. The need for States to provide specialized training for law enforcement,
immigration and other concerned officers, as well as to initiate public
information campaigns to make both potential victims and the general public
aware of the terrible exploitation and possible loss of life inherent in
trafficking in women and children;
VI. The need for countries of origin, transit, and destination to observe
fully international obligations and national laws, including those concerning
the humane treatment and strict observance of all human rights of women and
children, regardless of whether they were voluntarily or involuntarily;
VII. The goal that international efforts to prevent international trafficking
in women and children should not inhibit immigration of freedom of travel
consistent with laws or undercut the protection provided to refugees by
international law;
VIII. The need for strengthened international cooperation and technical
assistance for the benefit of developing countries.
United Nations
Economic and Social Council
Distr.
LIMITED
E/CN.15/1998/L.7/Rev.2
29 April 1998
ORGIONAL: ENGLISH
V.98-53173 (E)
COMMISSION ON CRIME PREVENTION
AND CRIMINAL JUSTICE
Seventh session
Vienna, 21-30 April 1998
Agenda item 6
INTERNATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME
Argentina, Austria, Greece, Italy, Philippines, Russian
Federation and
The Commission on Crime Prevention and Criminal Justice recommends to the
Economic and Social Council the adoption of the following draft resolution:
Action against illegal trafficking in migrants, including by sea
The Economic and Social Council,
Considering that illegal trafficking in and transporting of migrants are
normally carries out by organizations as part of their criminal operations and
ordinarily take place under inhumane conditions that result in a great number
of accidents and casualties,
Stressing the need to combat all criminal practices connected with illegal
trafficking in and transporting of migrants, having due regard to universally
recognized human rights,
Stressing also that it is important that the States concerned establish
bilateral, regional and multi lateral coordinating mechanisms to fight
activities related to illegal trafficking in and transporting of migrants,
Recalling General Assembly resolution 51/62 of 12 December 1996, in which the
Assembly, inter alia, requested the Commission on Crime Prevention and
Criminal Justice to consider giving attention to the question of the smuggling
of aliens,
Recalling also, its resolution 1994/14 of 25 July 1994 and 1995/10 of 24 July
1995,
Recalling further the report of the meeting of the inter-sessional open-ended
intergovernmental group of experts on the elaboration of a preliminary draft
of a possible comprehensive international convention against organized
transnational crime, held at Warsaw from 2 to 6 February 1998, as well as the
text of such a draft convention submitted by the Government of Poland,
Taking note of the existing proposals for a convention and a protocol on the
subject of illegal trafficking in and transporting of migrants, including by
sea, submitted to it by the Governments of Austria and Italy,
Taking note of the proposal considered by the group of experts that the draft
of an international convention against organized transnational crime could
consist of a main convention and additional protocols covering specific
offences,
Stressing the importance for any legal instruments against illegal trafficking
in and transporting of migrants, including by sea, to be legally and
substantively consistent with the draft of an international convention against
organized transnational crime,
Emphasizing that women and children are particularly vulnerable to becoming
victims of the crime of illegal trafficking in and transporting of migrants,
1. Recognizes the importance of elaborating an efficient legal instrument
combating all aspects of organized transnational crime, for examplee illegal
trafficking in and transporting or migrants, including by sea, having due
regard to universally recognized human rights;
2. Decides that the ad hoc committee on the elaboration of a comprehensive
international convention against transnational organized crime, to be
established by the General Assembly, should hold discussions on the
elaboration of an international instrument against illegal trafficking in and
transporting of migrants, including by sea, taking into account the existing
proposals for legal instruments against illegal trafficking in and
transporting of migrants, including by sea. [E/CN.15/1998/WP.5/Add.1].
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