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A global understanding of trafficking in persons The term “trafficking” was used as early as the end of the 19th century. Whilst trafficking in persons have been in existence for considerable time it is only since 2000 that we have a more comprehensive legal definition of what constitute “trafficking in persons”. However, there still remain different interpretations of what it is and how it should be defined. In some cases trafficking in persons is: • Mixed up with prostitution; • Confused with smuggling of persons; • Equated with slavery only; and • Conflated mainly with sexual exploitation. The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children was adopted in December 2000 in Palermo Italy. It is also referred to as the Palermo Protocol. The Protocol supplements the United Nations Convention against Transnational Organised Crime. It provides a comprehensive definition of trafficking in persons for international law. South Africa ratified and signed the Palermo Protocol in February 2004. Since then it has begun a legislative process that will culminate into specific anti-trafficking legislation. The Palermo Protocol identifies trafficking in persons as an international crime and defines it as follow;

Article 3 Use of terms - For the purposes of this Protocol: (a)

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the use of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, 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.

(b)

The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

(c)

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;

(d)

“Child” shall mean any person under 18-years of age.

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC

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Resource Manual  

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC 1 Produced by © Molo Songololo 2007 A resou...

Resource Manual  

What to do about Trafficking in persons - Resource Manual produced by Molo Songololo & UNODC 1 Produced by © Molo Songololo 2007 A resou...

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