1. Legal and Policy framework The United Nations
The Palermo Protocol
Human Trafficking in a Global Context
DIS

2. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN's Convention against Transnational Organized Crime a.k.a. The Palermo Protocol (December, 2000)
120 States participated in the negotiations, and many NGOs
Opened for signature nei palazzi di giustizia di Palermo in December 2000
Entered into force on 25/12/2003 (in this case, 40 ratifications were required)
Palermo is one of three protocols to the UN Covention Against Transnational Organized Crime
The other two deal with:
Smuggling of migrants
Illicit manufacturing and trafficking of arms
In order to become a party to the Protocol, a State must also be party to the Convention

3. Global Problem- Global Solution
Response to growing awareness of THB as a law enforcement problem at international level
Need for co-ordination among States in combatting transnational crime (criminals operate with little regard for borders and states must deal with that by enhancing co- operation)
Why is this significant?
It is the FIRST INTERNATIONALLY AGREED DEFINITION of THB!

4. Definition and Purpose
Art. 2: ”Three P's”: prevent THB, protect victims, prosecute (in Palermo, it is ”promote co-operation”)
During drafting negotiations, definition was a key issue that was very difficult to resolve (why?)
Some aspects are difficult for the prosecution to prove: coercion, fraud (lack of witnesses)
”for the purpose of exploitation” - some NGOs and govts wanted to include all prostitution as trafficking
117 signatories, 124 state parties

5. Palermo Protocol - Definition of THB
Article 3 (a) ”Trafficking in persons” shall mean
the recruitment, transportation, transfer, harbouring or receipt of persons,
by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
for the purpose of exploitation.
Exploitation shall include, 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 the removal of organs.

6. Which principle obligations are placed upon States?
Palermo Protecol - questions
If you consider the obligations placed on States by the Protocol, what approach does it represent?
Which principle obligations are placed upon States?
Is it a victim-centered document?

7. States Obligations under the Palermo Protocol
Three principle obligations:
Criminalize trafficking (as defined in Protocol)
Investigate, prosecute and convict traffickers
Undertake border control measures
”Within their means”, States should also make efforts to:
Undertake measures to protect and assist victims
Train law enforcement and border control officials
Inform and educate victims, potential victims and general public
Co-operate with each other and civil society to achieve these aims

8. Palermo Protocol Includes a wide range of forms of explotation
Defines who is a victim and who is a criminal
Clarifies state obligations to combat crime and to assist victims
Creates the framework for prevention, prosecution and protection a.k.a “the three P's” as main anti-trafficking meassures which states can take
Under no circumstances can a child consent to his or her own explotation or trafficking

9. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN's Convention against Transnational Organized Crime a.k.a. The Palermo Protocol (December, 2000)
Article 3 (a) ”Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, 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 the removal of organs.