ISSUE PAPER 1 NOVEMBER 2010

UN TRAFFICKING PROTOCOL1 O : I P AN IMPERFECT APPROACH

SSUE APER

CTOBER

2010

Ann Jordan Program on Human Trafficking and Forced Labor Center for Human Rights & Humanitarian Law

Since the creation of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons in 2000, most governments have enacted or plan to enact laws criminalizing human trafficking. Almost all of those laws are based on the Trafficking Protocol language. As many service providers, advocates and commentators have pointed out, the Trafficking Protocol is a law enforcement tool that is weak on human rights protections and approaches. It requires governments to adopt and enforce criminal laws but only hopes that they will address the human rights issues involved. As a consequence, most national laws have strong criminal provisions but weak or no provisions on prevention or victim protection. Additionally, some countries have included the Trafficking Protocol description of trafficking into their criminal law. This description contains vague or confusing language that makes prosecutions very difficult. The purpose of this Issue Paper is to introduce briefly the main elements of the Trafficking Protocol, highlight some problematic provisions and consequences and then suggest solutions.

ones do not use force; they use psychological manipulation to make the person think that she/he is simply migrating for a new job, marriage, or school. Other traffickers use control or threats of harm. Children are more easily enticed and manipulated and many of them are sent away to work with their parents blessing. Often, communities have a practice in which poor rural children are sent to a city to work for someone who promises light work duties, small salaries and education but who ends up treating the children as virtual slaves. Trafficking is not the same as smuggling or migration. Trafficking is a crime against a person and violates laws designed to protect persons from human rights abuses. Smuggling is a crime against a states right to control its borders. The UN Smuggling Protocol defines smuggling as the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident (Smuggling Protocol, ch. I, art. 3(a)). Migration, with or without a smuggler, is not trafficking, although governments and media often speak about trafficking when they are really talking about undocumented migrants. So it is important to be clear about the differences. In many cases, trafficked persons start out as migrants and hire

WHAT IS HUMAN TRAFFICKING?

Human trafficking is basically the movement of people into situations where they are vulnerable to being held in forced labor, slavery, slavery-like conditions, debt bondage or servitude. Traffickers use different means to gain control over their victims. The cleverest

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smugglers to help them reach a destination. At some point in the trip, however, the smugglers start to control the migrants and reveal themselves as traffickers. The migrants do not know they are victims of trafficking until after being smuggled to a place where they are vulnerable and lose control over their lives. As a result, many people talk about trafficking as migration gone horribly wrong.

Protocol, relevant sections of the Crime Convention and the Interpretative Notes.2 Most people and governments focus only on the Trafficking Protocol, which is wrong. All provisions of the Crime Convention that are relevant to the issue of human trafficking are also a part of the Trafficking Protocol. So, when a government adopts a law in compliance with the Trafficking Protocol, it must also look at the Crime Convention to see what provisions are relevant. It must also look at the Interpretative Notes to understand the meaning of some terms in the Trafficking Protocol and Crime Convention.

WHAT IS THE TRAFFICKING PROTOCOL?

The Trafficking Protocol is an international agreement (or treaty) created by more than 100 governments. It is one of three Protocols attached to the Crime Convention against Transnational Organized Crime (Crime Convention). The Crime Convention, the Trafficking Protocol and other Protocols on smuggling and arms were adopted by the UN General Assembly in November 2000. In 2003, the Trafficking Protocol entered into force after the required number of governments ratified it.1 Once an international treaty enters into force, all of the countries that have ratified must enact laws to implement the treaty provisions. The Crime Convention and the Protocols are primarily law enforcement tools that governments decided to create in order to promote cross-border cooperation and to ensure that all countries have adequate laws to address these crimes. They also include some human rights protections, but at a much weaker level than the law enforcements provisions. The complete Trafficking Protocol consists of three documents: the Trafficking

HAS MY GOVERNMENT SIGNED THE TRAFFICKING PROTOCOL AND, IF SO, WHAT DOES THIS MEAN?
As of October 2010, 141 countries had ratified the Trafficking Protocol. You can learn whether your government has signed and/or ratified the Trafficking Protocol by visiting a UN website (Protocol Signatories). Many governments have incorporated the main elements of the Trafficking Protocol and Crime Convention into their domestic legislation. Unfortunately, some governments are focusing on the criminal law aspects of the Trafficking Protocol and Convention and leaving out victim protections. If your government has not yet adopted all of the elements of the Trafficking Protocol and UN Convention, including strong human rights protections, then it is important to advocate with your government to amend existing trafficking laws or adopt new laws. It is particularly important to pay attention to the law-making process in order to ensure that the human rights of all potential actual victims are included.

Ratification is an international act whereby a government indicates its consent to be bound to a treaty.

The Interpretative Notes are the official explanations of some of the language in the Trafficking Protocol and the Crime Convention.

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WHY IS THE TRAFFICKING PROTOCOL IMPORTANT?

The Trafficking Protocol is the first international instrument that addresses all aspects of trafficking and the first instrument to contain an internationally agreed upon, legally binding understanding of human trafficking. It contains provisions on the criminalization of human trafficking and the protection of victims, as well as on prevention and cross-border cooperation. The Trafficking Protocol also links trafficking with the main human rights treaties in this area (in particular, the international conventions on forced labor and slavery) because human trafficking involves these human rights abuses. Another international document existed before the Trafficking Protocol, called the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. The title suggests that the 1949 Convention covers human trafficking, but, in fact, it does not. It is actually about criminalizing prostitution, not stopping trafficking and so does not address the trafficking of men and boys or trafficking of anyone into farms, factories, streets or other sites. In addition, the 1949 Convention calls for governments to take actions that would interfere with peoples (mainly womens) right to leave their country. For these and other reasons, the 1949 Convention is inadequate, problematic and ineffective to address human trafficking. Thus, the only UN treaty addressing human trafficking is the Trafficking Protocol.

a position of vulnerability or of the giving or receiving payments or benefits to achieve the consent of a person having control over another person Purpose: 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.

UNDERSTANDING THE ELEMENTS OF TRAFFICKING

Acts: Recruitment, transportation, transfer, harbouring or receipt of persons These terms are the acts used by persons involved in the trafficking chain. They ensure that each person involved in the trafficking chain (such as recruiter, transporter and employer) is recognized as a trafficker and punished accordingly. Means: Force or other forms of coercion, of abduction, of fraud, of deception These terms describe some of the means by which traffickers obtain control over a potential victim. The most commonly used methods are fraud or deception because it is easier to move a person across borders or countries if she or he is a willing participant and thinks there is a good job waiting at the end of the road. Traffickers prefer not to use force or abduction because then the victims are not compliant and are more likely to try to escape. Means: The abuse of power or of a position of vulnerability or of the giving or receiving payments or benefits to achieve the consent of a person having control over another person. These terms describe situations in which a person is exploitable because the trafficker, for example, has taken away identity papers or the person does not speak the local language and is not allowed to contact friends, family or the outside world. 3

HOW DOES THE TRAFFICKING PROTOCOL DESCRIBE HUMAN TRAFFICKING?

Article 3 of the Trafficking Protocol contains three distinct but interconnected elements of the trafficking episode: Acts: the recruitment, transportation, transfer, harbouring or receipt of persons Means: 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

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The abuse of a position of vulnerability can occur without the use of any force. As explained in the Interpretative Notes, this phrase is intended to refer to any situation in which the person involved has no real and acceptable alternative but to submit to the abuse involved (Interpretative Notes, ch. I, art. 3(a)). Abuse of a position of vulnerability recognizes that many trafficked people are told what to do by someone close to them, such as a parent, a spouse or a community leader. Persons in these situations may have no culturally acceptable or legal means to refuse and so they submit to the situation. Even though they may appear to have agreed to the situation, their agreement is not real and so they are victims of trafficking. Purpose: Forced labor or services, slavery or practices similar to slavery and servitude.3 These terms describes the purposes of the trafficker and the situations into which they place and hold the trafficked person. Forced labor or services, slavery or practices similar to slavery and servitude are not defined in the Trafficking Protocol, but are defined in other international instruments. Forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily (ILO Convention No. 29, art. 2.1). Traffickers promise a good job and then force victims into working against their will. For example, they promise a job as a domestic worker but then force the victim to do factory work. In most situations, people agree to one set of work conditions (with a work permit, good working conditions, and a certain salary) and then are forced to work in dangerous, illegal conditions, locked in and have little or no pay.
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Most of the forced labor resulting from trafficking lasts for several months to several years. It is not a permanent situation as people are eventually allowed to leave or escape. Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised (Slavery Convention, art. 1(1)). Trafficking into slavery is less common as slavery has been abolished in most of the world. Slavery is a permanent condition in which adults and their children are actually owned by their employers. Where slavery does exist (for example, in Mauritania, Mali and Sudan), people are born into the condition of slavery and so are not trafficked. However, it may be that there are situations where people are trafficked into forced labor that evolves into a situation of slavery. Little is known about trafficking into slavery as most cases involve forced labor or practices similar to slavery. Examples of practices similar to slavery are debt bondage, serfdom, a woman made to marry someone without the right to refuse, the right to transfer a woman to someone else, a widow who is inherited by someone and a child who is transferred by parents or guardian to another for exploitation of the childs labor (Supplementary Convention, art. 1). Most of these practices continue to exist in parts of the world and can involve trafficking. Purpose: Exploitation of the prostitution of others and sexual exploitation The Trafficking Protocol is silent on the meaning of these terms and so is international law. The 100+ country delegations were under pressure from anti-prostitution groups to include these terms. However, delegates agreed it was not possible to create a common definition as governments have many different laws on prostitution. So, they agreed to leave the terms undefined. This decision allows countries with different laws on adult sex work to sign the Trafficking Protocol and ensures that all countries will be able to combat trafficking, even with different laws on prostitution. 4

For a more detailed discussion of these human rights violations, see Issue Paper 2 on human trafficking, forced labor and slavery.

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The delegates included an explanation of their intention in the Interpretative Notes: the terms exploitation of the prostitution of others or other forms of sexual exploitation are not defined in the Protocol, which is therefore without prejudice to how States Parties address prostitution in their respective domestic laws (Interpretative Notes, ch. I, art. 3). The Trafficking Protocol does not require governments to change their laws about prostitution in order to fulfill their obligations under the Trafficking Protocol. Countries with very different legal regimes around prostitution - legalized, decriminalized or criminalized - do not need to change their laws. Indeed, many countries that have decriminalized sex work have ratified the Trafficking Protocol without changing their laws on sex work and are implementing comprehensive anti-trafficking programs.4 The reason for this is simple. Trafficking and prostitution are not the same.5 Just as trafficking and domestic work are not the same. Prostitution, domestic work, agriculture and manufacturing are sites of trafficking; they are not trafficking. The use of force, coercion or a position of vulnerability to force or coerce persons work in those sites is the real crime of trafficking. Since forced or coerced adult sex work (and any other forced or coerced work) and all child participation in sex work are covered in the Trafficking Protocol as forms of slavery, forced labor or servitude, governments can omit the terms exploitation of the prostitution of others or other forms of sexual exploitation from their domestic laws. However, if a government decides to include these terms in its domestic law, it must define
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them clearly so that the law can be enforced. Criminal laws with vague or ambiguous terms cannot be enforced. Governments can consider the following definitions, which clearly state elements of a crime and are consistent with the crimes of forced labor, slavery or servitude: Sexual exploitation means: the participation by an adult person in prostitution, sexual service, or the production of pornographic materials as a result of being subjected to a threat, coercion, abduction, force, abuse of authority, debt bondage or fraud. Exploitation of the prostitution of others means: the obtaining by a person of any financial or other benefit from the sexual exploitation of another person.

DOES THE TRAFFICKING PROTOCOL

CONTAIN STRONG PROTECTIONS FOR VICTIMS? While the criminal law provisions in the Trafficking Protocol use mandatory language such as states parties shall, the victim protection and rights provisions contain weaker language, such as in appropriate cases and to the extent possible. However, despite the weakness of this language, all countries have international human rights obligations to protect and promote the rights of vulnerable and trafficked persons because they are parties to other international and regional human rights instruments. Article 14 of the Trafficking Protocol ensures that nothing in the Trafficking Protocol or the Crime Convention can undermine international obligations to protect human rights.6

For example, Germany, The Netherlands, Australia and New Zealand. 5 See Issue Paper 4 on trafficking and the sex sector.

Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights lawrelating to the Status of Refugees and the principle of non-refoulement as contained therein.

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You can find out the human rights and labor rights instruments that your government has signed and ratified on the web.7 Governments that have ratified these international agreements are obligated to protect the rights of trafficked persons even if they have not signed the Trafficking Protocol. Additionally, the High Commissioner for Human Rights has summarized government obligations in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (Recommended Principles). The UN will shortly issue a Commentary on the Recommended Principles, which will provide greater detail for implementation of human rights protections for victims.

interpreted to cover a wide array of activities (regarding adults, in particular) that do not rise to the same level as forced labor, slavery or servitude. It may be difficult to prosecute traffickers under this language because judges will not know what it means: does it mean prostitution in general, prostitution in which an independent sex worker rents space and uses the internet to find clients, prostitution involving others such as pimps or brothels, or prostitution in which the sex workers have no freedom and are not paid? Each situation is different and so the trafficking law (which would only include the last situation of unfree adult sex workers) must be clear so that everyone knows what is involved in the crime. Second, the description contains terms that are not necessary for prosecuting a trafficker and that will only make the prosecutors job more difficult. It is not essential to prove the means that traffickers used to place someone into forced labor. For example, when someone is charged with trafficking a person into forced labor in a factory, the most important fact to prove is the forced labor situation. The prosecutor only needs to prove that the defendant knowingly or intentionally was involved in the chain of events that ended with someone being held or intended to be held in forced labor. It is not important to prove the means used to bring the person into the forced labor. The means used by traffickers to bring the victim into forced labor are important, however, for determining the level of punishment. According to criminal law theories on punishment, a trafficker who kidnaps or physically assaults the victim deserves a harsher punishment than a trafficker who simply tricks a migrant worker into a situation of forced labor. To ensure that prosecutions focus on the essential and clear elements of the crime of trafficking, governments should consider the following model criminal law provision. It 6

SHOULD GOVERNMENTS ADOPT THE TRAFFICKING PROTOCOL DESCRIPTION

OF THE TRAFFICKING EPISODE INTO THEIR CRIMINAL LAW? The description of the trafficking episode in the Trafficking Protocol is not a definition that should be adopted into criminal law. The description was not drafted as a model criminal law provision. The 100+ delegates at the negotiations were simply focused on creating language to reflect their common understanding of the trafficking problem. For this reason, countries should not adopt the Article 3 description of the trafficking episode into criminal law. If they do, they could face considerable difficulties in enforcing the law because the language is unclear and complicated. A criminal statute should be simple and clear. First, as discussed above, exploitation of the prostitution of others and sexual exploitation are not defined and could conceivably be
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UN international human rights instruments: http://www.ohchr.org/EN/ProfessionalInterest/Pages/ InternationalLaw.aspx; International Labour Organization instruments: http://www.ilo.org/ilolex/english/convdisp2.htm.

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contains all of the elements of the Trafficking Protocol, but does not include any unnecessary, undefined or ambiguous terms: Trafficking in persons shall mean Act: the recruitment, transportation, transfer, harbouring or receipt of persons, Means: by any means, Purpose: for forced labour or services, slavery or practices similar to slavery, servitude or the unlawful removal of organs. This model provision focuses on crimes that are defined in international law and in the domestic law of many countries. It is broad enough to cover each and every form of trafficking, including trafficking into forced begging, forced domestic work, forced prostitution and forced farm labor.

always guilty. They believe that, even if the sex worker is working freely or even legally, the people working with the sex worker are all traffickers. By this logic, even a friend or family member who gives an adult sex worker a ride to work would be a trafficker. However, the Trafficking Protocol does not define all prostitution as trafficking. Additionally, delegates were concerned that this provision could be interpreted to deny a defendant her or his right to mount a defense against a charge of trafficking. So, the delegates clarified the issue in the Interpretative Notes. The intent of the consent language is to preserve the universal principal of presumption of innocence (all defendants are presumed to be innocent).8 The question of whether or not a person consented to be the victim of a crime is not the real barrier to successful prosecutions. The real barriers in many countries are corruption, a lack of official willingness to take strong measures to prosecute traffickers and protect trafficked persons, as well as the presence of poorly trained and inexperienced law enforcement officials. Professionally trained investigators would provide prosecutors with better evidence, making it easier to convict traffickers. If prosecutors have evidence showing that the defendant lied to the victim, kept the passport, did not pay him, kept him in prison-like conditions, threatened him or his family, never allowed him to move about freely
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OTHER QUESTIONS AND CONCERNS ABOUT THE TRAFFICKING PROTOCOL

What is the relevance of consent? The Trafficking Protocol states that the consent of a victim of trafficking in persons to the intended exploitation shall be irrelevant where any of the means have been used (Trafficking Protocol, art. 3(b)). It is legally impossible for a person to consent to his or her own captivity. Thus, this provision merely restates a basic element of criminal law. In other words, if a prosecutor proves that forced labor or services, slavery, practices similar to slavery or servitude are involved, then the defendant cannot argue that the victim consented. The language on consent in the Trafficking Protocol was included as a consequence of the endless debates by anti-prostitution advocates who claimed that, when defendants can claim the victim consented, prosecutions are impossible. They wanted the consent provision included so that no defendant should ever be allowed to claim that the victim consented. They argued that all prostitution is trafficking and so clients, pimps and brothel owners are 7

Interpretative Notes state that subparagraph (b) should not be interpreted as imposing any restriction on the right of accused persons to a full defense and to the presumption of innocence. They should also indicate that it should not be interpreted as imposing on the victim the burden of proof. As in any criminal case, the burden of proof is on the State or public prosecutor, in accordance with domestic law. Further, the travaux prparatoires will refer to article 11, paragraph 6, of the Convention, which preserves applicable legal defenses and other related principles of the domestic law of States Parties (Interpretative Notes, 13).

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or forced him to work in debt bondage or slavery, then convictions should be obtained more easily. What is the position of children? The Trafficking Protocol states that 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 (Trafficking Protocol, art. 3(c)). The purpose of this language is unclear but clearly the intention is to ensure that international laws regarding children should be considered. For example, children cannot consent to work in prostitution or pornography or particular forms of labor at any age. In most countries, minors are allowed to work under limited conditions and so work itself is not always considered exploitation of children. Under international law, employing children under 14 (15 in developed countries) in any form of full-time work, or children under 18 in certain forms of clearly defined hazardous work such as mining, seafaring or sex work, is considered exploitation (ILO Convention No. 138).9 This section should be read together with other conventions about the exploitation of minors.10 Does the Trafficking Protocol require some element of cross-border activity? Neither the Trafficking Protocol nor the Crime Convention requires cross-border movement as part of the offence. According to the Crime
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Convention, domestic law must include certain crimes (including trafficking) independently of the transnational nature or the involvement of an organized criminal group (Crime Convention, art. 34.2). Because relevant Convention provisions such as this one also apply to the Trafficking Protocol, governments must include both internal and cross-border trafficking in their domestic laws. What does the call to discourage demand in the Trafficking Protocol mean? Article 9.5 of the Trafficking Protocol states: States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children that leads to trafficking. Delegates understood that the demand for exploitable labor in the global economy is connected to human trafficking and so they called for measures to prevent the vulnerabilities that can lead to trafficking. They understood that criminal measures are not enough to protect people who migrate globally looking for a better life. They included this section to encourage governments to address a wide variety of rights violations, such as discriminatory policies and practices in countries of origin, and denial of labor rights and access to justice for migrants in countries of destination. All of these types of rights violations render people vulnerable and subject to abuse and exploitation in forced labor or other unacceptable conditions.11

For more on children, see Issue Paper 7 on human trafficking, children and adolescents. 10 Convention on the Rights of the Child, Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and International Labour Organization (ILO) Conventions: Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and Convention No. 138 concerning the Minimum Age for Admission to Employment.

BEYOND THE TRAFFICKING PROTOCOL

In order to ensure that the human rights of potential and actual victims are recognized and
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For a discussion on ending demand for cheap, exploitable labor, see Issue Paper 5 on human trafficking and labor demand.

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protected, governments should adopt the recommendations contained in the Recommended Principles and Guidelines. These provisions should cover all persons held in forced labor or services, slavery, practices similar to slavery or servitude. Governments should consider whether any discriminatory policies or laws (for example, based on gender, age, caste, class, religion or ethnicity) are part of the root causes of the vulnerability that leads to trafficking and forced labor. For example, certain people in countries of origin may be more vulnerable to trafficking and forced labor if they are unable to obtain education, suffer from job discrimination, prevented from registering births, or are forced to work only in lowly unskilled labor generation after generation. In countries of destination, anti-migrant discriminatory policies could

contribute to the ability of employers to use forced labor and also result in disregard for the rights of victims. Governments should also adopt a simple, clear definition of human trafficking into their criminal law in order to ensure that prosecutors can successfully obtain convictions of all traffickers. From the perspective of a victim who is held in a situation of unfree labor or service and according to international human rights norms, there is no legitimate reason to distinguish between persons who are trafficked into - or who simply end up in - forced labor, slavery-like practices, slavery or servitude. The law should cover all victims of forced labor or services, slavery, servitude, and debt bondage, whether they were trafficking into the situation or not.

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References
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (entry into force 1951).http://www2.ohchr.org/english/law/tra fficpersons.htm. Convention on the Rights of the Child (entry into force 1990). http://www2.ohchr.org/english/law/crc.htm. Crime Convention, Convention against Transnational Organized Crime (entry into force 2003). http://www.uncjin.org/Documents/Conventio ns/dcatoc/final_documents_2/convention_e ng.pdf. ILO Convention No. 29 concerning Forced or Compulsory Labour (entry into force 1932). http://www.ilo.org/ilolex/cgilex/convde.pl?C029. ILO Convention No. 138 concerning Minimum Age for Admission to Employment (entry into force 1976). http://www.ilo.org/ilolex/cgilex/convde.pl?C138. ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (entry into force 2000). http://www.ilo.org/ilolex/cgilex/convde.pl?C182. Interpretative Notes for the official records (Travaux Prparatoires) of the negotiation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, General Assembly, 55th session (2000), A/55/383/Add.1. http://www.unodc.org/pdf/crime/final_instru ments/383a1e.pdf. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, (entry into force 2002). http://www2.ohchr.org/english/law/crcsale.htm. As of September 16, 2010, 139 States were parties: http://treaties.un.org/Pages/ViewDetails.asp x?src=TREATY&mtdsg_no=IV-11c&chapter=4&lang=en. Protocol Signatories, Ratifications, Declarations, and Reservations http://treaties.un.org/pages/ViewDetails.asp x?src=TREATY&mtdsg_no=XVIII-12a&chapter=18&lang=en Recommended Principles and Guidelines on Human Rights and Human Trafficking: Report of the United Nations High Commissioner for Human Rights to the Economic and Social Council, E/2002/68/Add.1, May 20, 2002. http://www.unhchr.ch/huridocda/huridoca.n sf/%28Symbol%29/E.2002.68.Add.1.En?O pendocument. Slavery Convention (entry into force 1927) http://www2.ohchr.org/english/law/slavery.h tm Smuggling Protocol, Protocol Against the Smuggling of Migrants by Land, supplementing the Nations Convention against Transnational Organized Crime (entry into force 2004). http://www.uncjin.org/Documents/Conventio ns/dcatoc/final_documents_2/convention_s mug_eng.pdf. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (entry into force 1957). http://www2.ohchr.org/english/law/slavetrad e.htm. Trafficking Protocol, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (entry into force 2002). http://www.uncjin.org/Documents/Conventio ns/dcatoc/final_documents_2/convention_ %20traff_eng.pdf.

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Contact: Ann Jordan, Director, Program on Human Trafficking and Forced Labor Center for Human Rights and Humanitarian Law American University Washington College of Law 4801 Massachusetts Avenue, NW Washington, DC 20016 USA ajordan@wcl.american.edu www.rightswork.org This project was made possible with the generous support from Global Fund for Women, the Foundation to Promote Open Society and two anonymous donors. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the Program on Human Trafficking and Forced Labor and do not necessarily reflect the views of its funders. Copyright 2010. American University Washington College of Law. In the spirit of the United Nations encouragement of collective efforts at the international level (Resolution 49/184), this document is placed in the public domain and put at the disposal of all interested persons to consult it or use it. Reproduction is authorized provided that: (1) the text is reproduced in its entirety without changes, (2) reproduction is for educational ends and not for commercial use and (3) credit is given to Program on Human Trafficking and Forced Labor, Center for Human Rights and Humanitarian Law, American University Washington College of Law.

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