FROM BONDAGE TO FREEDOM
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It is in this background that the International Convention Against
Transnational Organized Crime144 and its three protocols against:
Trafficking in Persons 145 ; Smuggling of Migrants 146 ; and Illicit
Manufacturing of and Trafficking in Firearms147 emerged. The negotiation
process started in December 1998 when the United Nations General
Assembly established an inter-governmental, ad-hoc committee and
charged it with developing a new international legal regime to fight
transnational organized crime148. In October 2000, after eleven sessions
involving participation from more than 120 States, the ad-hoc committee
concluded its work149. The Convention along with its two protocols
dealing respectively with Smuggling of Migrants and Trafficking in
Persons – Especially Women and Children were adopted by the General
Assembly in November, 2000150 and opened for signature at a high-level
inter-governmental meeting convened in Palermo, Italy, in December,
2000.
The significance of these developments should not be
underestimated. The Vienna process151, as it has come to be known,
represents the first serious attempt by the international community to
invoke the weapon of international law in its battle against transnational
organized crime152. It is because of the transnational character of trafficking
with links with smuggling of migrants and involvement of organized
crime syndicates that the Trafficking Protocol is attached to the
Transnational Organized Crime Convention. The Convention along with
the Trafficking Protocol and Migrant Smuggling Protocol represent the
144
145
146
147
148
149
150
151
152
United Nations Convention Against Transnational Organized Crime, opened for signature on 12
Dec. 2000, U.N.GAOR, 55th Sess., Annex I, Agenda Item 105, at 25 UN Doc. A/55/383 (2000)
(please check).
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention Against Transnational Organized Crime, U.N.
Doc. A/55/383(1000), Anex II.
Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention Against Transnational Organized Crime, U.N. Doc. A/55/383(2000), Annex
III.
Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and
Components and Ammunition, supplementing the United Nations Convention Against
Transnational Organized Crime, U.N Doc. A/Res. /55/255(2001).
Transnational Organized Crime, G.A. Res. 53/111, U.N. GAOR, 53rd Sess., 85th plen. mtg., U.N.
Doc. A/RES/53/111(1998).
Report of the Ad-Hoc Committee on the Elaboration of a Convention against Transnational
Organized Crime on the work of its first to eleventh sessions, UN GAOR 55th Sess, Agenda Item
105, at 1, U.N. DOC. A/55/383(2000).
G.A. Res. 55/25, of 15 Nov. 2000.
The Convention and the Protocols were negotiated under the auspices of the Vienna-based United
Nations Commission on Crime Prevention and Criminal Justice (a functional Commission of the
Economic and Social Council).
Anne Gallagher, Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A
Preliminary Analyses in Human Rights Quarterly, 23, 2001, pp. 975-1004, John Hopkins University
Press.