FROM BONDAGE TO FREEDOM
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modern day legal regime on trafficking in persons and covers all aspects
of trafficking. Therefore, before going into the Trafficking Protocol one
needs to know the important provisions of the Convention on the
Transnational Organized Crime, 2000 and their relationship with the above
mentioned two protocols. This Chapter, thus, highlights the principal
provisions of the Convention against Transnational Organized Crime,
gives the background and analysis of the Trafficking Protocol and also
provides an overview of the Migrant Smuggling Protocol.
B.
Overview of the Convention against Transnational
Organized Crime
The Convention Against Transnational Organized Crime aims at
promoting international cooperation to prevent and combat transnational
organized crime effectively. As the first comprehensive international legal
instrument for the fight against transnational crime, this Convention,
together with its protocols, provides law enforcement and judicial
authorities with unique tools to combat the problem. It is intended to
provide greater standardization or coordination of national policy,
legislative, administrative and enforcement approaches to the problem
of transnational organized crime to ensure a more efficient and effective
global effort to control it.
C.
Provisions of the Convention
The Convention Against Transnational Organized Crime is referred
to as the “parent” agreement. Its principle provisions apply, mutatis
mutandis 153, to all its protocols. The Convention is essentially an
instrument of international cooperation - its purpose being to promote
inter-state cooperation in order to combat transnational organized crime
more effectively154. The Convention seeks to eliminate “safe havens”
where organized criminal activities or the concealment of evidence or
profits can take place by promoting the adoption of basic minimum
measures155.
The Convention standardizes terminology and concepts, creating a
common basis for national crime-control frameworks. These concepts
153
The term “mutatis mutandis” as used in both the Protocols means: “with such modifications as
circumstances require” or “with the necessary modifications”.
154
Supra note 3, Art. 1.
155
<http://www.odccp.org/palermo /convensumm.htn>