FROM BONDAGE TO FREEDOM
60
In 1933 a new international agreement was signed in Geneva112 that
expanded the end results of trafficking to include all sexual and immoral
purposes – not just prostitution. Force was no longer a constitutive
element of trafficking, which now included enticement, procurement and
leading away. The cross-border element was removed - thereby subjecting
domestic activity to the Convention’s provisions. Each of these four
instruments required States Parties to take measures aimed at improving
information exchange on trafficking. Victim protection measures were
also included. Notably, none of these four instruments directly addressed
the issue of the legal status of the prostitution113.
In 1949, the various White Slavery and Trafficking Agreements were
consolidated into one instrument: the Convention for the Suppression of
the Traffic in Persons and of the Exploitation of the Prostitution of Others114
(Trafficking Convention). It can be said to be the first comprehensive
attempt by the international community to address the issue of trafficking.
The Convention came into force in 1951 and up till now it has 73 countries
as members who have ratified it.
B.
Important Provisions of The Convention for the
Suppression of the Traffic in Persons and the
Exploitation of the Prostitution of Others, 1949
The Preamble to the Convention declares that prostitution and traffic
in persons is “incompatible with the dignity and worth of the human
person and endangers the welfare of the individual, the family and the
community”115. The primary purpose of the 1949 Convention is to punish
the trafficking and the procurement of women for the purposes of
prostitution and to punish the exploitation of prostitutes, regardless of
the victim’s age or consent 116. Therefore, the Convention calls for
punishment of any person who keeps or manages or knowingly finances
a brothel or knowingly lets or rents a building or other place or any part
thereof for the purpose of the prostitution of others.117 In addition to
112
International Convention for the Suppression of the Traffic in Women, Geneva, Switzerland,
October 11, 1933.
113
See Nina Larsen, “Slavery and Slavery-like Practices United Nations Standards and
Implementation”, 57 NORDIC JOURNAL OF INTERNATIONAL LAW (1988) 2002.
114
The Convention for the Suppression of the Traffic in Persons and the Exploitation of the
Prostitution of Others, 1949, 96 UNTS, 271, G.A. Res. 317(IV) of 2 Dec. 1949, entered into force July
25, 1951.
115
Ibid, Preamble
116
Ibid, Art. 1 and 2.
117
Ibid Art. 2.