Although not explicitly articulated, the requirement to identify trafficked persons is
implicit in the provisions of the Trafficking Protocol - see for example Articles 6, 9 and
13 as clarified in Recommended Guideline 2 (Identification of trafficked persons and
traffickers).
(viii) The nature of special protections which should be extended to trafficked
children in accordance with international law
Historically international treaties have recognized that a child is in need of special
protection. International law demands that all actions taken by and for children, including
child victims of trafficking, be based upon the best interests of the child. It is this basic
principle which is the foundation and reference point against which the treatment of
trafficked children should be measured.14
Several articles of the CRC make detailed provisions for the special protection of
children, for example Articles 11, 21, 32, 33, 34, 35, 36 and 39, and Article 10(3) of the
ICESCR and Articles 1, 3 and 7(2) of ILO Convention No 182 (on the Worst forms of
Child Labor).
The Trafficking Protocol recognises the special status, and need for greater protection of
children in international law. A determination that trafficking has taken place will not
require evidence of force or coercion if the individual involved is a child.15 In addition,
upon the Trafficking Protocol 2000 being ratified there would be special provisions
available to trafficked children (see Article 6(4) read with Article 1), further amplified by
Recommended Guideline 8 (Special measures for the protection and support of child
victims of trafficking) and Principle 10 (Protection and Assistance to children).
In the SAARC Region attention is drawn to Article 4(1)(a) and Articles 8
and 9 of the regional Convention.
(ix) Whether trafficking should constitute an extraditable offence and thereby be
included as such in bilateral and multilateral extradition treaties
Yes. Article 8 of the 1949 Trafficking Convention provides that trafficking offences
coming within that Convention shall be regarded as extraditable offences.
Article 1(3) of the Trafficking Protocol provides that the offences established under the
Protocol are regarded as offences established in accordance with the Convention against
Transnational Organized Crime 2000: Article 16 of that Convention relates to extradition.
See also Article 9(1)(a) of the Trafficking Protocol 2000 further clarified in
Recommended Guideline 11 and Principle 14.
14
We note Article 17 of the 1949 Trafficking Convention (providing for the protection of women and
children emigrating and immigrating).
15
Trafficking Protocol, Article 3(c).
16