[Stop-traffic] OSCE Ministerial Decision No. 1

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Subject: [Stop-traffic] OSCE Ministerial Decision No. 1
From: Jyothi Kanics (jyothi@odihr.osce.waw.pl)
Date: Wed Nov 29 2000 - 08:50:14 EST


Please post to STOP TRAFFIC list -- Thank You !

MC(8).DEC/1
Organization for Security and Co-operation in
Europe

28 November 2000
Ministerial Council
Vienna
2000

Original: ENGLISH

2nd day of the Eighth Meeting
MC(8) Journal No. 2, Agenda Item 10

                            DECISION No. 1
                ENHANCING THE OSCE’S EFFORTS TO COMBAT
                      TRAFFICKING IN HUMAN BEINGS

        The Ministerial Council,

        Bearing in mind the Charter for European Security, which
commits participating States “to undertake measures to eliminate
all forms of discrimination against women, and to end violence
against women and children as well as sexual exploitation and all
forms of trafficking in human beings” and to “promote the
adoption or strengthening of legislation to hold accountable
persons responsible for these acts and strengthening the
protection of victims”,

        Recalling the OSCE commitments on combating the traffic in
human beings contained in the Moscow Document of 1991,

        Recognizing that trafficking in human beings is an increasing
problem and convinced of the necessity for the OSCE to
enhance its efforts to combat trafficking in human beings
throughout the OSCE region, including in conflict and
postconflict situations, and to contribute to national, regional
and international antitrafficking efforts in defence of human
rights and the fight against transnational organized crime,

1. Reaffirms that trafficking in human beings is an abhorrent
human rights abuse and a serious crime that demands a more
comprehensive and coordinated response from participating
States and the international community, as well as a more
coherent and cooperative approach among countries, in
particular those of origin, transit and destination;

2. Welcomes the adoption, by the UnitedNations General
Assembly, of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children,
supplementing the United Nations Convention against
Transnational Organized Crime as well as the definition of
trafficking in persons contained therein and calls upon all
participating States to sign and ratify the UnitedNations
Protocol as well as the Optional Protocol to the Convention on
the Rights of the Child, on the Sale of Children, Child
Prostitution and Child Pornography;

3. Recognizes the primary responsibility of participating States
in combating trafficking based on an integrated and coordinated
approach which includes prevention of trafficking, protection of
victims and prosecution of traffickers and their accomplices;

4. Stresses the role of national parliaments in the enactment,
among others, of laws necessary to combat trafficking in human
beings and welcomes articles 106 and 107 of the Parliamentary
Assembly’s Bucharest Declaration on trafficking in persons;

5. Agrees to strengthen the activities of the OSCE to combat
trafficking and emphasizes the need for intensified cooperation
between different OSCE institutions as well as between the
OSCE and other international organizations, such as relevant
UnitedNations agencies, the International Organization for
Migration, the Council of Europe, the European Union and
Interpol;

6. Supports the work of the Stability Pact Task Force on
Trafficking in Human Beings and calls in particular for the
governments of the region concerned to play an active role in the
Task Force;

7. Calls on OSCE institutions, in particular the ODIHR, and
field operations, to develop and implement antitrafficking
programmes and to promote coordinated efforts in the areas of
prevention, prosecution and protection, in cooperation with
nongovernmental organizations as well as international
organizations and other relevant institutions;

8. Undertakes to raise awareness, including with assistance
from the ODIHR, nongovernmental organizations and other
relevant institutions, through, where necessary, establishing
training programmes among public officials, including law
enforcement, judiciary, consular and immigration officials, about
all aspects of trafficking;

9. Commits to take necessary measures, including by adopting
and implementing legislation, to criminalize trafficking in human
beings, including appropriate penalties, with a view to ensuring
effective law enforcement response and prosecution. Such
legislation should take into account a human rights approach to
the problem of trafficking, and include provision for the
protection of the human rights of victims, ensuring that victims of
trafficking do not face prosecution solely because they have
been trafficked;

10. Will consider adopting legislative or other appropriate
measures, such as shelters, which permit victims of trafficking in
persons to remain in their territories, temporarily or permanently,
in appropriate cases; and establishing appropriate repatriation
processes for the victims of trafficking, with due regard to their
safety, including the provision of documents; and developing
policies concerning the provision of economic and social benefits
to victims as well as their rehabilitation and reintegration in
society;

11. Encourages the nomination, where appropriate, of
governmental representatives on trafficking to coordinate
national activities and to ensure regional and international
cooperation and to make this contact information available to
other participating States;

12. Recognizes that OSCE field operations, within the legal
framework of the host countries, can have a valuable role to play
in the fight against trafficking, including by regular monitoring and
reporting and assisting State authorities through, inter alia,
promoting dialogue and acting as a bridge between governments
and nongovernmental organizations; and institutions, in resolving
individual trafficking cases; and calls on field operations to
strengthen cooperation among themselves;

13. Calls on the OSCE Secretariat, in cooperation with the
ODIHR, to intensify antitrafficking training in its induction
programmes for OSCE field personnel in order to enhance their
capacity to monitor, report and respond to the problem of
trafficking through regular OSCE activities; and to raise
awareness within OSCE institutions and among OSCE
personnel of the problems of trafficking; these training
programmes should also be made available to participating
States and other international organizations;

14. Welcomes the further development of the OSCE
Secretariat’s Code of Conduct for OSCE Mission Members to
include provisions on trafficking in human beings and other
human rights abuses, looks forward to its speedy implementation
by all OSCE structures and institutions, requests heads of
OSCE field operations to take appropriate measures if members
of their staff use trafficking victims, and encourages all other
international bodies, where appropriate, to adopt similar
standards and practices.
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