Article 7 of the SAARC Convention provides that all offences within the Convention are
extraditable offences in any extradition treaty.
(x) The extent to which international law permits the development and
implementation of extraterritorial measures aimed at preventing trafficking and
apprehending traffickers
This is a branch of international law which is both controversial and evolving. There is a
growing recognition in international law as to the legitimacy of extraterritorial
application of domestic laws to prevent certain heinous criminal acts. Several nation
States have given extraterritorial effect to laws relating to child sex offences (for example
the sections added in 1995 to the New Zealand Crimes Act 1961, ss 144A - 144C, and the
Australian Crimes (Child Sex Tourism) Act 1994).
It is probable that contemporary international law would support the extension of such
laws to “trafficking”; reference may also be made to the Convention against
Transnational Organized Crime 2000 (Article 15(2)); and to the Trafficking Protocol
2000 (Article 1(3)).
International law has been significantly advanced by the entry into force of the Rome
Statute establishing the International Criminal Court, under which universal jurisdiction
may now be exercised through the newly established criminal court. In the definition of
“crimes against humanity” the Rome Statute specifically refers to “trafficking in persons
in particular women and children” (Article 7(1)(c) and 7(2)(c)).
(xi) The nature of States’ obligations, under international law, to provide trafficked
persons with access to effective and appropriate remedies
As noted above, States are required to provide victims of human rights violations,
including victims of trafficking, with access to effective and appropriate remedies. 16
Considerable advances have been made in the levels of protection that may be afforded to
trafficked persons under Part II of the Trafficking Protocol 2000. The rights of protection
are further clarified by Recommended Guideline 6 (Protection and support of trafficked
persons) and Principle 17 (States shall ensure that trafficked persons are given access to
effective and appropriate legal remedies).
(xii) The extent to which the SAARC Convention on Preventing and Combating
Trafficking in Women and Children for Prostitution (as the only directly relevant
regional instrument) provides an adequate framework for responding to the
problem of trafficking
The SAARC Convention is an innovative initiative in the region and in our view provides
an important step forward in the fight against trafficking, particularly the trafficking of
women and children into commercial sexual exploitation. Based on experience derived
16
See the response to Question (iv), above.
17