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UN in combat with human
trafficking |
Suhas Chakma |
At its
ongoing 60th session, the United Nations
Commission on Human Rights is all set for a
special rapporteur on trafficking to combat the
evil. Though a few existing special procedures
such as the Special Rapporteur on Violence Against
Women, the Working Group on Contemporary Forms of
Slavery and the Special Rapporteur on the Sale of
Children deal with trafficking in persons, a new
Special Rapporteur on Trafficking is unlikely to
meet any opposition from the
member-states.
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International law
relating to trafficking has been slow to grasp the
dimensions of the problem. In1904, the first binding
international legal instrument in this area - the
International Agreement for the Suppression of the White
Slave Trade - was adopted. Historically,
anti-trafficking movements have been driven by perceived
threats to the "purity" or chastity of certain
populations, notably White women. The treaty, which
focused on the protection of victims rather than
punishing the perpetrators, proved ineffective.
Consequently, in 1910, the International Convention for
the Suppression of White Slave Traffic, was adopted to
punish procurers.
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Under the auspices
of the League of Nations, both the 1921 Convention for
the Suppression of Traffic in Women and Children and the
1933 International Convention for the Suppression of
Traffic in Women of Full Age, were concluded. After the
formation of the United Nations, the 1949 Convention for
the Suppression of the Traffic in Persons and the
Exploitation of Prostitution of Others was adopted. But,
it has failed to address the problem. As the Special
Rapporteur on Violence Against Women in its report to
the Commission on Human Rights in 2000 stated, "The 1949
Convention has proved ineffective in protecting the
rights of the trafficked women and combating
trafficking. The Convention does not take a human rights
approach. It does not regard women as independent actors
endowed with rights and reason. Rather, the Convention
views them as vulnerable beings in need of protection
from the evils of prostitution."
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In November 2000 the
UN General Assembly adopted the Convention Against
Transnational Organised Crime and two optional Protocols
supplementing it.
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No country,
irrespective of its geographical situation, political
systems, religious moorings or cultural practices, is
immune to trafficking. The UN Special Rapporteur on
Violence Against Women in its 2000 report claimed that
four million women are trafficked each year. The 2003
Annual Report on Trafficking in Persons by the US State
Department shows that between 800,000 to 900,000 women,
children, and men are trafficked across international
borders every year. Victims of trafficking are also
victims of serious human rights violations both at the
hands of the traffickers and the law enforcement
personnel.
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A large number of
national, bilateral and multilateral organisations have
adopted programmes of action to combat trafficking in
persons. Most programmes with the exception of the
United States' Comprehensive Anti-Trafficking in Persons
Act of 1999 despite its flaws remains adhoc and
episodic. Most programmes focus on activities such as
awareness building, information exchanges, rescue and
rehabilitation efforts, training and capacity-building
programmes. While the root causes must be addressed, the
critical issue of law enforcement is often ignored.
Impunity contributes to further trafficking.
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The Special
Rapporteur on trafficking is likely to be given a
generic mandate to gather, request, receive and exchange
information and communications from all relevant
sources, including governments, victims of trafficking
themselves and organisations, on violations of human
rights and fundamental freedoms; formulate
recommendations and proposals on appropriate measures
and activities to prevent and remedy violations of the
human rights and fundamental freedoms of victims; and
work in close relation with other special rapporteurs,
special representatives, working groups and independent
experts of the Commission on Human Rights and of the
Sub-Commission on the Promotion and Protection of Human
Rights.
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Yet, a special
rapporteur on trafficking may go beyond the generic
mandate in playing a pivotal role not only with regard
to reporting to the Commission on Human Rights but also
to provide expertise and guidance to the UN agencies and
other national and regional agencies to streamline their
programmes in combating trafficking of persons more
effectively.
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