Subject: [Stop-traffic] News/ITALY: GUIDE TO U.N. CONVENTION ON TRANSNATIONAL CRIME.
From: Melanie Orhant (email@example.com)
Date: Thu Jan 04 2001 - 11:41:54 EST
This article gets the Trafficking Protocol right. However, the term
"sexual exploitation" is not defined under the Protocol. One must be
sure to see the trauveau prep. in order to understand the definition.
12/Dec/00 ITALY: GUIDE TO U.N. CONVENTION ON TRANSNATIONAL CRIME.
PALERMO, Sicily, Dec 12 (Reuters) - The following are some highlights of
the United Nations Convention Against Transnational Organised Crime which
nations began signing at an international conference in Palermo on Tuesday.
The Convention is divided into 41 articles and accompanied by protocols
against trafficking of humans, particularly women and children, and against
the smuggling of migrants.
It will become an instrument of international law after 40 countries ratify
Ratifying the treaty is done when each country brings the terms of the
international treaty into force within its own jurisdiction. The U.N.
expects this to happen within two years.
*PURPOSE OF THE CONVENTION
The Convention and protocols oblige countries which ratify them to take a
series of measures against transnational organised crime.
It sets minimum standards for laws but encourages countries to be even more
strict if possible.
The Convention establishes four specific crimes: participation in organised
criminal groups, money laundering, corruption, and obstruction of justice.
Its main purpose is to reinforce international cooperation so that
investigators and law enforcement officials can be more successful in
combating crime across borders in an age of globalisation.
To combat money laundering, countries would have to require their banks to
keep accurate records and make them available for inspection by domestic
law enforcement officials. Anonymous bank accounts would not be permitted
and bank secrecy could not be used to shield criminal activities.
Activities relating to money laundering must be criminalised. This extends
to not only cash, but any form of property for the purpose of concealing
its true origin.
Corruption must be criminalised where there is a link to transnational
organised crime. This includes offering, giving, soliciting and accepting
any form of bribe, undue advantage or other inducement, where the proposed
recipient is a public official and the purpose of the bribe relates to his
or her official functions.
The Convention will attempt to make extradition easier. It also will be
easier for investigators and law enforcement officials to obtain evidence,
conduct searches, obtain bank or corporate documents and question suspects.
It contains a general basis for conducting joint investigations and
measures for cooperation in special investigative procedures, such as
*WITNESS AND VICTIM PROTECTION
The Convention says the nature of transnational crime makes the protection
of witnesses and victims vital. States are required to take measures to
protect witnesses from potential intimidation or retaliation.
The Convention says trafficking in persons is intended to include a range
of cases where human beings are exploited by organised crime groups. This
is aimed at cases where there is an element of duress involved and a
transnational aspect, such as the moving of people across borders, or the
exploitation of people within a nation by a transnational organised crime
It defines trafficking in persons as "the recruitment, transportation,
transfer, harbouring or receipt of persons...if this uses improper means
such as force, abduction, fraud, or coercion, for an improper purpose such
as forced or coerced labour, servitude, slavery or sexual exploitation".
(C) Reuters Limited 2000.
REUTERS NEWS SERVICE
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