List of Law and Policy Documents

The following is a list of materials cited in the Trafficking Law and Policy section.  This list includes legally-binding documents, such as treaties and the UN Trafficking Protocol, as well as politically influential documents, such as declarations and resolutions.  Where possible, this list also includes general legal resources and policy guides.

Contents:

General Legal Resources

The Organization for Security and Cooperation in Europe hosts a website with information about legislation on trafficking.  The Legislationonline site for trafficking includes links to United Nations law, Council of Europe Law and laws from 53 countries of the CEE/CIS region, Europe and North America.

The Protection Project, a legal human rights research institute based at the Johns Hopkins University School of Advanced International Studies in Washington, D.C. hosts a site that includes a searchable Legal Library of national and international laws and case law.

UNICEF, the Office for Democratic Institutions and Human Rights (ODIHR) and UNHCHR published a report Trafficking in Human Beings in Southeastern Europe: Current situation and responses to trafficking in human beings in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Federal Republic of Yugoslavia, the Former Yugoslav Republic of Macedonia, Moldova and Romania, in June 2002.  This report includes information about law reform, law enforcement and prosecution for the countries listed above.

The Reference Guide for Anti-Trafficking Legislative Review with a particular emphasis on South Eastern Europe, also published by the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe, in September 2001, is a comprehensive guide to the types of legislation necessary for an effective anti-trafficking policy.  The Reference Guide is organized according to broad topics, prevention, prosecution and protection and assistance for victims, and provides examples of national legislation where possible.  The Reference Guide is less useful as a source for specific national law, but an excellent resource for advocates who are undertaking projects on legal reform related to trafficking in women.

The report Women 2000: An Investigation into the Status of Women’s Rights in the former Soviet Union and Central and South-Eastern Europe published by the International Helsinki Federation for Human Rights in November 2000 includes information about a range of women’s rights issues for 30 countries in the CEE and CIS region, and information on legal provisions on trafficking, where available. 

The International Legal Framework / The United Nations

Human Rights Law

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), entered into force 23 March 1976.

International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), entered into force 3 January 1976.

ILO Convention No. 29 concerning Forced Labor, entered into force 1 May 1932.

ILO Convention No. 105 concerning the Abolition of Forced Labor, entered into force 17 January 1959.

Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by G.A. res. 40/34, 29 November 1985.

Historical Overview of the UN Perspective on Trafficking 

Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, UN G.A. Res 17 (IV), entered into force 25 July 1951.

Report of the Special Rapporteur on violence against women on trafficking in women, women’s migration and violence against women, E/CN.4/2000/68, submitted to the Commission on Human Rights, 29 February 2000.

Women’s Human Rights

Declaration on the Elimination of Discrimination Against Women, adopted by G.A. res. 2263(XXII), 7 November 1967.

Convention on the Elimination of All Forms of Discrimination Against Women, G.A. res. 34/180, entered into force  3 September 1981.

Report of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace, World Conference, Nairobi, 15-26 July 1985, U.N. Doc. A/CONF.116/28/Rev.1 (85.IV.10), (1986).

Committee on the Elimination of Discrimination against Women, General Recommendation 19, Violence against women, (Eleventh session, 1992), U.N. Doc. HRI\GEN\1\Rev.1 at 84 (1994).

Vienna Declaration and Programme of Action, World Conference on Human Rights, Vienna, 14-25 June 1993, U.N. Doc. A/CONF.157/24 (Part I) at 20 (1993).

Declaration on the Elimination of Violence Against Women, G.A. res. 48/104, 1993.

Beijing Declaration and Platform for Action, Fourth World Conference on Women, Beijing, 15 September 1995, A/CONF. 177/20 (1995) and A/CONF. 177/20/Add. 1.

Report on the mission of the Special Rapporteur to Poland on the issue of trafficking and forced prostitution of women, E/CN.4/1997/47/Add.1, submitted to the Commission on Human Rights, 10 December 1996.

Report of the Special Rapporteur on Violence against Women, its causes and consequences, E/CN.4/1997/47), submitted to the Commission on Human Rights, 12 February 1997.

The Trafficking Protocol and Recent Initiatives

Convention against Transnational Organized Crime, UN G.A. Res A/55/383, not yet in force.  (The Convention is included as Annex I)

Annotated Guide to the Complete UN Trafficking Protocol, Ann D. Jordan, Director, Initiative Against Trafficking in Persons, International Human Rights Law Group, May 2002. 

Recommended Principles and Guidelines on Human Rights and Human Trafficking, issued by the High Commissioner for Human Rights to the Economic and Social Council, E/2002/68/Add.1, 20 May 2002.

Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9 (1998), entered into force 1 July 2002.

Regional Law and Standards

The Council of Europe

The Convention for the Protection of Human Rights and Fundamental Freedoms, (ETS No. 5), entered into force 3 September 1953.

European Social Charter (ETS No. 35), entered into force 26 February 1965.

Committee of Ministers Recommendation No. R (91) 11 on Sexual Exploitation, Pornography and Prostitution of, and Trafficking in, Children and Young Adults, adopted 9 September 1991.

Parliamentary Assembly Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member States, adopted 23 April 1997.

Committee of Ministers Recommendation No. R (2000) 11 of the on action against trafficking in human beings for the purpose of sexual exploitation, adopted 19 May 2000.

Parliamentary Assembly Recommendation 1526 (2001) on a campaign against trafficking in minors to put a stop to the east European route: the example of Moldova, adopted 27 June, 2001.

Parliamentary Assembly Recommendation 1545 (2002) on the campaign against trafficking in women, adopted 21 January 2002.

The Stability Pact Task Force on Trafficking in Human Beings hosts a website with links to Council of Europe Basic Documents in the area of trafficking. 

The European Union

Council Joint Action to combat trafficking in human beings and sexual exploitation of children, 97/154/JHA, adopted 24 February 1997.

European Parliament Report on the communication from the Commission to the Council and the European Parliament 'For further actions in the fight against trafficking in women', A5-0127/2000, 2 May 2000.

Proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities, COM(2002) 71 final, 11 February 2002.

The European Union website includes a page with an overview of EU strategies and actions.  While the site does not include links to all EU resolutions on trafficking, it does include information about funding and work at the UN and Council of Europe levels.

The European Council on Refugees and Exiles (ECRE) hosts a site on European Union documents related to trafficking and immigrant smuggling. 

The Organization for Security and Cooperation in Europe

Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, Moscow, 3 October 1991.

Ministerial Council Decision No. 1, Enhancing The OSCE’s Efforts To Combat Trafficking In Human Beings (MC(8).DEC/1), 28 November 2000.

Ministerial Council Decision No. 6 (MC(9).DEC/6), 4 December 2001.

OSCE background paper Trafficking In Human Beings: Implications for the OSCE, (1999/3), September 1999.

The OSCE Reference Guide for Anti-Trafficking Legislative Review, Angelika Kartusch, Ludwig Boltzmann Institute of Human Rights, Vienna, September 2001.

The trafficking unit of the OSCE Office for Democratic Institutions and Human Rights has a website which includes links to key documents that address anti-trafficking policy and initiatives. 

The Stability Pact for Southeastern Europe:  Task Force on Trafficking in Human Beings

Anti-Trafficking Declaration of SEE, Palermo, 13 December 2000.

Action Plan and Guidelines for national action plans to combat trafficking in human beings.

Multiyear Anti-Trafficking Action Plan for South Eastern Europe, 16 March 2001.

The Task Force on Trafficking in Human Beings maintains a website of Action Plans and Projects, all of which can be accessed electronically. 

The Domestic Legal Framework

Annotated Guide to the Complete UN Trafficking Protocol, Ann D. Jordan, Director, Initiative Against Trafficking in Persons, International Human Rights Law Group, May 2002. 

The Reference Guide for Anti-Trafficking Legislative Review with a particular emphasis on South Eastern Europe, Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe, in September 2001.

Victims of Trafficking and Violence Protection Act of 2000, 22 USCA §7101, PL 106-386 (HR 3244), 28 October, 2000.

Interim Rule on Protection and Assistance for Victims of Trafficking, U.S. Department of Justice and U.S. Department of State, 28 CFR Part 1100, 24 July 2001.

Interim Rule on New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status, U.S. Department of Justice and Immigration and Naturalization Service, 8 CFR Parts 103, 212, 214, 274a and 299, 31 January 2002.

The U.S. Immigration and Naturalization Service hosts a website with information about Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), resources on victim and witness assistance, visa application procedures and U.S. government reports on trafficking.

Recommended Principles and Guidelines on Human Rights and Human Trafficking, issued by the High Commissioner for Human Rights to the Economic and Social Council, E/2002/68/Add.1, 20 May 2002.

Human Rights Standards for the Treatment of Trafficked Persons, Global Alliance Against Traffic in Women, Foundation Against Trafficking in Women and the International Human Rights Law Group, January 1999.

The Trafficking and Smuggling of Refugees: the End Game in European Asylum Policy?, UNHCR Working Paper, John Morrison and Beth Crosland, UNHCR Policy Research Unit, April 2001 (No. 29).


Trafficking in Women: Law and Policy  |  The International Legal Framework  |  Regional Law and Standards  |  The Domestic Legal Framework

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