FROM BONDAGE TO FREEDOM 73 (b) To protect and assist the victims of such trafficking, with full respect for their human rights; and (c) To promote cooperation among State Parties in order to meet these objectives. The application of the Protocol is limited to situations of international trafficking involving an organized criminal group175. Further, the Protocol obligates the State Parties to adopt such legislative and other measures necessary to criminalize trafficking and related conduct176. Definition As seen in the last chapter, the 1949 Convention on Trafficking limited the definition of trafficking only for the purpose of prostitution. It did not cover the entire gamut of purposes for which trafficking could take place. Apart from conflating trafficking with prostitution, the Convention also, did not leave scope for voluntary, consensual prostitution. The tenor of the 1949 Convention was moralistic and prohibitionist. This led to the absence of an agreed definition of trafficking and the link between trafficking and prostitution. It is in this background that the definition of trafficking in the Protocol evolved. This definition represents a compromise on each of the above mentioned issue sand cannot be seen as a clear victory for either side. As the debates made clear, States agreed to sacrifice their individual views on prostitution to the greater goal of maintaining the integrity of the distinction between trafficking and migrant smuggling. The travaux preparatoires indicate that the Protocol addresses the issue of prostitution only in the context of trafficking, and that these references are without prejudice to how States address this issue in their respective domestic laws.177 According to the Protocol, “trafficking” consists of three separate elements: (i) an action, consisting of recruitment, transportation, transfer, harbouring or receipt of persons; 175 Ibid, Art. 4. 176 Ibid, Art 5. 177 Interpretative Notes for the official records (travaux preparatoires) of the negotiation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, U.N. Doc. A/55/383/Add. 1 at para 64.

Select target paragraph3