FROM BONDAGE TO FREEDOM
33
that sign and ratify such documents are committed to upholding the
obligations within those treaties and/or conventions, unless those
obligations are part of customary international law. Treaties like the
International Covenant on Civil and Political Rights, 1966; the
International Covenant on Economic, Social and Cultural Rights, 1966;
the Convention on the Elimination of all Forms of Discrimination against
Women, 1979; the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, 1984; the Convention on the
Rights of the Child, 1989 and its Optional Protocol on the Sale of Children,
Child Prostitution and Child Pornography, 2000; the Slavery Convention,
1926; the International Labour Organization (ILO) Convention No. 29 on
Forced Labour 1930; ILO Convention No. 105 on Abolition of Forced
Labour, 1959; the ILO Convention No. 182 on the Worst Forms of Child
Labour, 1999; all form the basis for the emergence of human rights regime
for the prevention and punishment of acts of trafficking and protection
of the rights of the trafficked persons.
Resolutions and Declaration of International Institutions
The resolutions/declarations are not legally binding per se, but can
spell out to some extent existing customary rules or contribute to the rapid
formation of new ones. The International Judicial Tribunals have accorded
considerable weight to these resolutions as evidence of state practice
underlying a customary rule73. These resolutions manifest the consensus
of nations on particular rules and one can see this effectively in the form
that most of the present conventions like the Convention on the
Elimination of all Forms of Discrimination against Women and the
Convention on the Rights of the Child have all originated from
Declarations of the United Nations General Assembly. Hence, Declarations
and Resolutions constitute a very important part of international law.
Jus Cogens
Lastly, the concept of ‘jus cogens’74 deserves mention. It means the
body of peremptory principles or norms from which no derogation is
permitted, and may therefore operate to invalidate a treaty or agreement
between States to the extent of inconsistency with any such principles or
norms.
73
S.K. Verma, An Introduction to Public International Law, Prentice Hall of India Private Ltd.,
Delhi, 1998. p. 45.
74
See generally on the subject, E. Suy and Others, The Concept of Jus Cogens in International
Law, Carnegie Endowment for International Peace, Geneva, 1967.