2.1 International Instruments
2.1.1 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children Supplementing the UN Convention against Transnational Organized Crime /2000
This Protocol to Prevent, Suppress and Punish Trafficking Especially in Women and Children Supplements the UN Convention against Transnational Organized Crime which is adopted in 2000 by United Nations General Assembly.
The purposes of the Protocol are to prevent and combat trafficking in persons, to protect and assist the victims of that trafficking, and to promote cooperation among state parties in order to achieve these objectives. To that end, the Trafficking in Persons Protocol approaches to combating human trafficking, as its provisions can be broadly characterised as relating to the protection of victims, the prosecution of perpetrators and the prevention of human trafficking.
Under Article 5 of the Protocol requires State parties to adopt legislative or other measures which establish that Trafficking in Persons amounts to a criminal offence as defined in Article 3. Imposes an obligation to prosecute trafficking offences. However, the Protocol does not address the issue of criminal sanctions, which is left at the discretion of individual nations. Protocol requires State parties to criminalise the offence of trafficking in persons but it does not impose any obligations with respect to related conduct. Focusing on the act of trafficking and targeting individual offenders is seen as unnecessarily limiting the Protocol and ignoring the critical role of public officials in facilitating and tolerating the crime, such as corruption as an aggravating factor in trafficking offences, network offenders and governments officials. Bear in mind that State parties are not bound by other international legal instruments criminalizing trafficking and sanctions against States whose officials assist trafficking.
Regarding victim protection obligation of states Articles 6 to 8 of the Protocol mandates the adoption of measures and procedures for the assistance of victims of trafficking in persons, though in which do not place strong obligations on State parties. These include: protecting both physical and psychological of victims; providing welfare and support; ensuring access to compensation for damage suffered; and facilitating the residence of victims in the receiving country or safe return to their country of origin, at the victim‘s election. Trafficked victims have potentially been subjected to both physical and mental abuse. The Protocol arguably overlooks this and other specific needs. Notably, neither of these measures would impose a significant financial or administrative burden on State parties.
Similarly, Article 9 requires State parties to establish comprehensive policies, programmes and other measures to prevent trafficking and protect victims. Articles 10, 11 and 13 promote cooperation between State parties through...