FROM BONDAGE TO FREEDOM
64
needs of the victims. The Convention fails to empower meaningfully the
victims of trafficking or to take a right based approach to address the
issue138. It is not surprising that many prominent human rights bodies
either call for its radical reform or abolition and re-drafting. Further,
under the 1949 Convention, States Parties are required only to annually
communicate to the Secretary-General any laws, regulations and measures
relating to the traffic of persons. In spite of the fact that the Trafficking
Convention came into force in 1951, the mechanism for receiving such
information was not established until the mid-seventies. One of the
reasons for the inefficiency in setting up a mechanism to review these
reports is the fact that there is no established body to monitor, State Parties
compliance with this Convention. Without such a body there will be few
resources available and scant political will to ensure adherence to 1949
Convention.
D. Conclusion
The 1949 Convention is narrow in its outlook. The adequacy or
appropriateness of this Convention, therefore, to deal effectively with
the modern manifestation of trafficking and the many human rights abuses
associated with this practice is thus highly questionable.139 By focussing
on the elimination of prostitution instead of on the protection of human
rights of trafficked persons, the 1949 Convention has emerged as
ineffective human rights Convention. Up till now, it has been ratified by
only 73 countries and thus has been, and will continue to be, an ineffective
treaty140.
It is because of the above-mentioned drawbacks that the Convention
on the Elimination of All Forms of Discrimination Against Women
(CEDAW) expands the end purposes of trafficking only from prostitution
to include all forms of traffic in persons to cover trafficking for forced
labour or marriages as well as prostitution141. Also, CEDAW’s focus on
exploitation of the prostitution of others rather than prostitution can be
read as a tacit rejection of the explicit abolitionist stance of 1949
138
International Movement Against All forms of Discriminations and Racism (IMADR),
“Strengthening the International Regime to Eliminate Traffic in Persons and the Exploitation
of the Prostitution of Others”, A Working Paper presented to the Working Group on
Contemporary Forms of Slavery, Tokyo, Japan, May 1998, p.27.
139
See M. Dottridge, International Instruments Against Traffic in Persons – when the “Excellent”
is the enemy of the “Good”, 1999, p.7, as referred in John Morrison, The Trafficking and
Smuggling of Refugees: The End Game in European Asylum Policy, a Working Paper of
UNHCR’s Policy Research Unit, Centre for Documentation and Research, July 2000, p.61.
140
Supra note 25,p. 23.
141
Convention on the Elimination of All Forms of Discrimination Against Women, Art. 6.