FROM BONDAGE TO FREEDOM
11
A dictionary definition of trafficking describes it as “an illegal trade
in a commodity” in the case of trafficking in persons, the commodity is
human beings. The Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others, 1949 defines
trafficking within the context of prostitution as:
Article 1
The Parties to the present Convention agree to punish any person
who, to gratify the passions of another:
(1)
Procures, entices or leads away, for the purposes of
prostitution, another person, even with the consent of that
person;
(2)
Exploits the prostitution of another person, even with the
consent of that person.
As this definition was limited to exploitation for the purpose of
prostitution it was expanded by Article 6 of the Convention on the
Elimination of All Forms of Discrimination Against Women 1979, to
include other forms of exploitation of women such as deception of
migrant women and mail-order brides or false marriages, and the new
forms of sexual exploitation such as sex tourism and forced domestic
labour recruited from developing countries to developed countries28.
This view has been further widened to include forced labour,
clandestine employment and false adoption by General Assembly
Resolution 48 /16629.
The UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons Especially Women and Children, 2000, supplementing the UN
Convention against Transnational Organized Crime defines Trafficking
in Article 3 as:
Article 3
(a)
“Trafficking in persons” shall mean the recruitment,
transportation, transfer, harbouring or receipt of persons, by
means of threat or use of force or other forms of coercion, of
28
See General Recommendation 19 made by the Committee on the Elimination of Discrimination
Against Women, paras 13-16.
29
General Assembly Resolution 48/166, 94 Plenary Meeting, 23 December 1994.