Some information on The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children: (Trafficking Protocol).
Combatting International Trafficking in Persons: www.state.gov
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment- Section 106 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at the end the following new subsection:
"(h) Prevention of Trafficking in Conjunction With Post-Conflict and Humanitarian Emergency Assistance- The United States Agency for International Development, the Department of State, and the Department of Defense shall incorporate anti-trafficking and protection measures for vulnerable populations, particularly women and children, into their post-conflict and humanitarian emergency assistance and program activities.".
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also referred to as the Trafficking Protocol) was adopted by the United Nations in Palermo, Italy in 2000, and is an international legal agreement attached to the United Nations Convention against Transnational Organized Crime. The Trafficking Protocol is one of three Protocols adopted to supplement the Convention. The Protocol is the first global, legally binding instrument on trafficking in over half a century and the only one that sets out an agreed definition of trafficking in persons. The purpose of the Protocol is to facilitate convergence in national cooperation in investigating and prosecuting trafficking in persons. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights. The Trafficking Protocol defines human trafficking as:
(a) The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article
(d) “Child” shall mean any person under eighteen years of age.
The Trafficking Protocol entered into force on 25 December 2003. By June 2010, the Trafficking Protocol had been ratified by 117 countries and 137 parties.[6
Trafficking is a lucrative industry. It is second only to drug trafficking as the most profitable illegal industry in the world. In 2004, the total annual revenue for trafficking in persons were estimated to be between USD$5 billion and $9 billion.
In 2005, Patrick Belser of ILO estimated a global annual profit of $31.6 billion. In 2008, the United Nations estimated nearly 2.5 million people from 127 different countries are being trafficked into 137 countries around the world.
However, it is argued that many of these statistics are inflated to aid advocacy of anti-trafficking NGOs and the anti-trafficking policies of governments. Due to the definition of trafficking being a process (not a singly defined act) and the fact that it is a dynamic phenomenon with constantly shifting patterns relating to economic circumstances, much of the statistical evaluation is flawed.
Human trafficking differs from people smuggling. In the latter, people voluntarily request or hire an individual, known as a smuggler, to covertly transport them from one location to another. This generally involves transportation from one country to another, where legal entry would be denied upon arrival at the international border. There may be no deception involved in the (illegal) agreement. After entry into the country and arrival at their ultimate destination, the smuggled person is usually free to find their own way.
According to the International Centre for Migration Policy development (ICMPD): Human smuggling is a: "Crime against State – no victim by the crime of smuggling as such (violation of immigration laws/public order; the crime of smuggling by definition does not require violations of the rights of the smuggled migrants)". Whereas human traffic is a: "Crime against person – victim; violation of the rights of the victim of trafficking by definition (violation of person’s human rights; victim of coercion and exploitation that give rise to duties by the State to treat the individual as a victim of a crime and human rights violation)"
While smuggling requires travel, trafficking does not. Much of the confusion rests with the term itself. The word "trafficking" includes the word "traffic," which means transportation or travel. However, while the words look and sound alike, they do not hold the same meaning.
Victims of human trafficking are not permitted to leave upon arrival at their destination. They are held against their will through acts of coercion and forced to work or provide services to the trafficker or others. The work or services may include anything from bonded or forced labor to commercialized sexual exploitation. The arrangement may be structured as a work contract, but with no or low payment or on terms which are highly exploitative. Sometimes the arrangement is structured as debt bondage, with the victim not being permitted or able to pay off the debt.