FROM BONDAGE TO FREEDOM
62
propagated by the 1949 Convention to prevent trafficking128. The 1949
Convention also calls for supervision of employment agencies in order to
prevent persons seeking employment from being exposed to the dangers
of prostitution129.
Protection is also a central theme. Foreign victims of trafficking are
to have the same rights as nationals with respect to their being party to
proceedings against traffickers130. Victims of prostitution and of traffickers
are to be provided with social services for prevention of prostitution as
well as for “rehabilitation and social adjustment”131. State Parties are also
obliged to maintain and care for destitute trafficking victims prior to their
repatriation132.
As for repatriation, the 1949 Convention lays down that it be done
on the desire of the person to be repatriated and in conformity with law.
Pending repatriation, State Parties must without prejudice to prosecution
and in accordance with domestic law, make suitable provisions for the
temporary care and maintenance. In the event that the victims cannot
pay for the cost of repatriation, the State of residence and State of origin
must share the cost133.
Under the Convention, State Parties are required to annually
communicate to the Secretary-General of the United Nations any laws,
regulations and measures relating to the traffic of persons. This
information is to be published periodically by the Secretary-General to
all members and non-members of the United Nations134.
The Final Protocol to the Convention declares that “nothing in the
present convention shall be deemed to prejudice any legislation which
ensures, for the enforcement of the provisions for securing the suppression
of the traffic in persons and of the exploitation of others for purposes of
prostitution, stricter conditions than those provided by the present
Convention”135. Thus, the 1949 Convention lays down the framework for
further strengthening of laws on trafficking in persons.
128
Ibid Art. 17(2-3).
129
Ibid Art. 20.
130
Ibid, Art. 5.
131
Ibid, Art. 16.
132
Ibid, Art. 19(1).
133
Ibid. Art. 19.
134
Ibid, Art. 21.
135
Ibid, Final Protocol.