FROM BONDAGE TO FREEDOM
74
(ii)
by means of threat or use of force or other forms of coercion,
abduction, fraud, deception, abuse of power or position of
vulnerability178, giving or receiving payments or benefits to
achieve consent of a person having control over another; and
(iii)
for the purpose of exploitation (including, at a minimum, the
exploitation of the prostitution of others, or other forms of
sexual exploitation, forced labour or services, slavery or
practices similar to slavery, servitude or removal of organs)179.
All three elements must be present for the Convention to become
operational within a given fact-situation. The only exception is for children
for whom the requirements relating to means are waived. The Protocol
does not define the terms slavery, forced labour, practices similar to
slavery or servitude. In the absence of which it is assumed that their
definitions be borrowed from ILO Conventions on Slavery, Forced Labour
etc. which define these concepts in detail.
Protection of Trafficked Persons
Part two of the Protocol deals with protection provisions for the
victims of trafficking in persons that are worded in non-obligatory not
mandatory terms. It exhorts the State Parties to:
(i)
Protect the privacy and identity of victims of trafficking in
persons, including, inter alia, by making legal proceedings
relating to such trafficking confidential.
(ii)
Provide victims of trafficking information on relevant and
administrative proceedings and assistance in Court
proceedings.
(iii)
Implement measures to provide for the physical,
psychological and social recovery of victims of trafficking.
(iv)
To take into account the age, gender and special needs of
victims of trafficking while applying protection measures.
(v)
Endeavour to provide for the physical safety of victims of
trafficking while they are within its territory.
178
The travaux preparatoires indicate that the reference to the abuse of a position of vulnerability is
understood to refer to any situation on which person involved has no real and acceptable
alternative but submit these abuse involved. UN Doc. A/55/383/Add 1 at para. 63.
179
Supra note 4, Art. 3.