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 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
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