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Refugee Protection and Human Trafficking Refugee Protection and Human Trafficking Selected Legal Reference Materials First Edition – December 2008 Cover Photo: UNHCR/G.M.B.Akash/June 2006 2 Refugee Protection and Human Trafficking Selected Legal Reference Materials First Edition – December 2008 Protection Policy and Legal Advice Section (PPLAS) Division of International Protection Services (DIPS), UNHCR 3 Acknowledgements: This binder has been compiled with the assistance of Tony Navaneelan, PPLAS intern. Edited by the Status Determination and Protection Information Section. 4 TABLE OF CONTENTS Introduction ............................................................................................................................ 11 Note on Terminology .............................................................................................................13 PART I: UNIVERSAL INSTRUMENTS AND POLICY RELATING TO HUMAN TRAFFICKING..................................................................................... 17 INTERNATIONAL CRIMINAL LAW...................................................................... 19 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000) [“Anti-Trafficking Protocol”] ................................. 21 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (2000) [“Anti-Smuggling Protocol”]......................................................... 29 Rome Statute of the International Criminal Court (1998) [“Rome Statute”] ......................... 39 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956) .............................................................. 42 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949)................................................................... 45 International Convention for the Suppression of the Traffic in Women of Full Age (1933).............................................................................................................................. 50 Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention (1926) [“Slavery Convention”]........................................................................... 52 International Convention for the Suppression of the Traffic in Women and Children (1921) ...................................................................................................................... 54 International Convention for the Suppression of the “White Slave Traffic” (1910) ..................................................................................................................................... 56 International Agreement for the Suppression of the “White Slave Traffic” (1904) ..................................................................................................................................... 59 INTERNATIONAL HUMAN RIGHTS LAW........................................................... 61 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)................................................................... 63 Convention on the Rights of the Child (1989) ....................................................................... 69 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)..................................................... 72 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000).................................................................. 74 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)............................................................................................ 76 Convention on the Elimination of All Forms of Discrimination Against Women (1979)........................................................................................................................ 78 International Covenant on Civil and Political Rights (1966) ................................................. 80 5 International Covenant on Economic, Social and Cultural Rights (1966) ............................. 85 Declaration on the Elimination of Violence Against Women (1993) .................................... 88 UN Office of the High Commissioner for Human Rights Recommended Principles and Guidelines on Human Rights and Human Trafficking (2002) ....................... 91 UN Global Initiative to Fight Trafficking (UN.GIFT) Vienna Forum to Fight Trafficking Conference Report (2008)................................................................................. 104 WHO Ethical and Safety Recommendations for Interviewing Trafficked Women (2003)...................................................................................................................... 114 UNICEF Guidelines on the Protection of Child Victims of Trafficking (2006) .................. 118 IOM Handbook on Direct Assistance for Victims of Trafficking (2007) ............................ 128 INTERNATIONAL REFUGEE LAW ..................................................................... 133 United Nations Convention Relating to the Status of Refugees (1951) and its Protocol (1967)..................................................................................................................... 135 Conclusions of the Executive Committee on the International Protection of Refugees (ExCom) ............................................................................................................... 137 No. 107 (LVIII) – Conclusion on Children at Risk (2007) ...........................................................137 No. 106 (LVII) – Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons (2006) ........................................................138 No. 105 (LVII) – Conclusion on Women and Girls at Risk (2006) ..............................................138 No. 98 (LIV) – Conclusion on Protection from Sexual Abuse and Exploitation (2003) ......................................................................................................................................139 No. 97 (LIV) – Conclusion on Protection Safeguards in Interception Methods (2003) ......................................................................................................................................143 No. 96 (LIV) – Conclusion on the Return of Persons Found Not to be in Need of International Protection (2003)................................................................................................145 No. 90 (LII) – General (2001).......................................................................................................147 No. 87 (L) – General (1999)..........................................................................................................147 No. 84 (XLVIII) – Conclusion on Refugee Children and Adolescents (1997) .............................147 UNHCR Guidelines on International Protection No. 7: The Application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons At Risk of Being Trafficked............................................................................................................................. 149 INTERNATIONAL LABOUR LAW........................................................................ 167 ILO Convention No. 182: Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999) ................................................................................................................................... 169 ILO Convention No. 138: Convention Concerning Minimum Age for Admission to Employment (1973) ....................................................................................... 172 ILO Convention No. 105: Convention concerning the Abolition of Forced Labour (1957)....................................................................................................................... 175 ILO Convention No. 29: Convention concerning Forced or Compulsory Labour (1930)....................................................................................................................... 177 RECENT RESOLUTIONS OF THE U. N. GENERAL ASSEMBLY RELATED TO HUMAN TRAFFICKING .............................................................. 183 Resolution adopted by the United Nations General Assembly [on the report of the Third Committee (A/62/433 (Part II))] 62/132: Violence Against Women Migrant Workers (2007)....................................................................................................... 185 6 Resolution adopted by the United Nations General Assembly [on the report of the Third Committee (A/62/439/Add.2)] 62/156: Protection of Migrants (2007) ................................................................................................................................... 190 Resolution adopted by the United Nations General Assembly [on the report of the Third Committee (A/61/444)] 61/180: Improving the Coordination of Efforts Against Trafficking in Persons (2006) ....................................................................
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