FROM BONDAGE TO FREEDOM
78
documents issued on their behalf and to prevent their fraudulent use195.
Border control is clearly at the heart of the Protocol. Following concerns
expressed by the Inter Agency Group, several draft provisions were
modified in order to ensure that measures taken under this part did not
prejudice the free movement of persons or compromise other
internationally recognized human rights. Therefore under the saving
clause, the Protocol proclaims that “nothing in this Protocol shall affect
the rights, obligations and responsibilities of States and individuals under
international law, including international humanitarian law and
international human rights law and, in particular where applicable, the
1949 Convention and the 1967 Protocol relating to the Status of Refugees
and the Principle of non-refoulement as contained within these
instruments”196. Also, the Protocol requires that measures set forth in
this Protocol be interpreted and applied in such a way that it is not
discriminatory to persons on the ground that they are victims of trafficking
in persons. The interpretation and application of these measures must be
consistent with internationally recognized principle of nondiscrimination.197
Settlement of Disputes
The Protocol calls for negotiations and arbitration for settlement of
disputes concerning the interpretation or application of the Protocol. For
those State Parties who have not objected to the provision on settlement
of dispute, failure to arbitrate may lead to submission of the dispute to
the International Court of Justice on the reference by any party to
dispute198.
Entry into Force
The Protocol was opened for signature for both States and regional
economic integration organizations (like European Economic Union) from
10 to 15 December, 2000 in Palermo, Italy and thereafter at United Nations
Headquarters in New York until 12 December 2002, after which it is subject
to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval be deposited with the Secretary General of the
United Nations. The Protocol is also open for accession by any State or
196
Ibid., Art 14 (1).
197
Ibid., Art 14 (2).
198
Ibid.,, Art 15.
199
Ibid.,, Art 16.