FROM BONDAGE TO FREEDOM
72
whether specific offences should be included in the draft Convention, the
group concluded that the negotiating process would be simplified if such
offences were dealt with separately171.
The origins of the Trafficking Protocol can be traced back to
Argentina’s interest in the issue of trafficking in minors and its
dissatisfaction with the slow progress on negotiating an additional
protocol to the Convention on the Rights of the Child (CRC) to address
child prostitution and child pornography. Argentina was also concerned
that a purely human rights perspective to this issue would be insufficient
and accordingly lobbied strongly for trafficking to be dealt with as part
of the broader international attack on transnational organized crime172.
Argentina’s proposal for a new convention against trafficking in minors
was discussed at the 1997 session of the UN Commission on Crime
Prevention and Criminal Justice173. Its timing was fortuitous. At that
time a general awareness had also developed that there was a need for a
holistic approach where the crime control aspects of trafficking were
addressed along with traditional human rights concerns. It is in this
background that the Trafficking Protocol was discussed.
B.
Important Provisions of the Protocol
The Preamble to the Protocol underlines the importance of a
comprehensive international approach in the countries of origin, transit
and destinations, to prevent and combat trafficking. Therefore, in order
to provide a universal instrument that addresses all aspects of trafficking
in persons, a special Protocol dealing with Trafficking supplementing
the UN Convention Against Transnational Organized Crime was adopted.
Purpose and Scope of Application
The stated purposes174 of the Trafficking Protocol are:
(a)
To prevent and combat trafficking in persons, paying
particular attention to women and children;
171
Report of the Meeting of the inter-sessional open-ended Inter-governmental group of experts on
the elaboration of a preliminary draft of a possible comprehensive International Convention
Against Organized Transnational Crime. (Warsaw, 2-6 Feb. 1998), UN Doc. E/CN.15/1985/5 at
10(b).
172
Supra note 11, p.982.
173
Measures to Prevent Trafficking in Children, Report of the Secretary General, U.N. Doc. E/C
N.15/1997/12(1997).
174
Supra note 4, Art. 2.