The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, was adopted by the General Assembly in its resolution 55/25. It entered into force on 25 December 2003. It is the first legally binding international instrument with an agreed definition of trafficking in human beings. This definition aims to facilitate the convergence of national approaches to the definition of national offences that would promote effective international cooperation in the investigation and prosecution of trafficking in human beings. Another objective of the Protocol is to protect and assist victims of trafficking in human beings with full respect for their human rights. 2. A person may be considered a victim under this statement whether or not the offender is identified, arrested, prosecuted or convicted and regardless of the family relationship between the offender and the victim. The term “victim” includes, where applicable, immediate family members or dependents of the direct victim and persons who have been harmed by intervening to assist victims in need or to prevent victimization. The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition was adopted by the General Assembly in its resolution 55/255 of 31 May 2001.
It entered into force on 3 July 2005. The Protocol, the first global legally binding instrument on small arms and light weapons, aims to promote, facilitate and strengthen cooperation among States parties to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. By ratifying the Protocol, States undertake to take a number of measures to combat crime and to transpose into their domestic legal systems three sets of normative provisions: the first concerns the definition of offences related to the illicit manufacturing of and trafficking in firearms on the basis of the requirements and definitions of the Protocol; second, on a system of State authorizations or licences to ensure the licit manufacture of and trafficking in firearms; and the third on the marking and tracing of firearms. The United Nations Convention against Transnational Organized Crime, adopted by the General Assembly in its resolution 55/25 of 15 November 2000, is the principal international instrument for combating transnational organized crime. It was opened for signature by Member States at a high-level political conference convened for this purpose in Palermo, Italy, on 12 and 15 December 2000 and entered into force on 29 September 2003. The Convention is also complemented by three protocols dealing with specific areas and manifestations of organized crime: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition. Countries must become Parties to the Convention itself before they can become Parties to any of the Protocols. 13. The establishment, strengthening and expansion of national funds for compensation to victims should be encouraged. Where appropriate, other funds may also be established for this purpose, including in cases where the State of which the victim is a national is unable to compensate the victim for the damage. The Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted by the General Assembly in its resolution 55/25, entered into force on 28 January 2004.
It tackles the growing problem of organized crime groups smuggling migrants, often at high risk for migrants and with great gains for perpetrators. An important achievement of the Protocol was that, for the first time, a definition of smuggling of migrants had been developed and agreed upon in a global international instrument. The Protocol aims to prevent and combat the smuggling of migrants and to promote cooperation among States parties, while protecting the rights of smuggled migrants and preventing the worst forms of exploitation, which often characterize the process of smuggling. In its resolution 55/25 of 15 November 2000, the General Assembly adopted the United Nations Convention against Transnational Organized Crime and two of its supplementing protocols, namely, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, air and sea. 15. Victims should be informed of the availability of health and social services and other relevant forms of assistance and should have easy access to them. (a) victims who have suffered serious bodily harm or injury to their physical or mental health as a result of serious crime;. Arabic – Chinese – English – French – Russian – Spanish 10. In the event of significant environmental damage, restitution should, where ordered, include, to the extent possible, environmental rehabilitation, reconstruction of infrastructure, replacement of community facilities and reimbursement of resettlement costs where such damage results in the displacement of a community.
(3) The provisions contained in this document apply to everyone, without distinction of any kind, such as race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or customs, property, birth or marital status, ethnic or social origin and disability. ARABIC – CHINESE – ENGLISH – FRENCH – RUSSIAN – SPANISH 7. Informal dispute resolution mechanisms, including mediation, arbitration and customary law or indigenous practices, should be used, where appropriate, to facilitate mediation and reparation for victims. (e) avoid unnecessary delays in the processing of cases and the enforcement of orders or decrees granting arbitral awards to victims. 21. States should periodically review existing laws and practices to ensure that they adapt to changing circumstances, adopt and enforce, where necessary, legislation prohibiting acts constituting serious abuses of political or economic power, promote policies and mechanisms to prevent such acts, and establish appropriate rights and remedies for victims of such acts, and easily Access. (b) allow the views and concerns of victims to be expressed and taken into account at appropriate stages of the proceedings when their personal interests are affected, without prejudice to the accused and in accordance with the relevant national criminal justice system; 5. Where appropriate, judicial and administrative mechanisms should be established and strengthened to enable victims to obtain redress through formal, timely, fair, inexpensive and accessible procedures. Victims should be informed of their right to seek redress under these mechanisms. (11) Where public officials or other officials acting in an official or quasi-official capacity have infringed national criminal law, victims should be compensated by the State whose officials or agents are responsible for the damage caused. In cases where the government under whose authority the act or omission of harassment no longer exists, the titular successor of the state or government should compensate the victims. 16.
The police, the judiciary, health services, social services and other relevant personnel should be trained to sensitize them to the needs of victims and receive counselling to ensure adequate and prompt assistance. 6. The adaptation of judicial and administrative procedures to the needs of victims should be facilitated by: 1. `victim` means persons who, individually or collectively, have suffered harm as a result of acts or omissions contrary to the criminal law in force in the Member States, including injury to physical or mental integrity, mental suffering, economic loss or significant impairment of their fundamental rights; including laws prohibiting the abuse of criminal power. The Convention represents an important step forward in the fight against transnational organised crime and means that Member States recognise the seriousness of the problems involved and the need to promote and strengthen close international cooperation to address these problems. States ratifying the instrument undertake to take a number of measures against transnational organized crime, including the creation of national offences (participation in an organized criminal organization, money-laundering, corruption and obstruction of justice); the adoption of a new comprehensive framework for extradition, mutual legal assistance and law enforcement cooperation; and the promotion of training and technical assistance to build or strengthen the necessary capacities of national authorities. (c) provide adequate assistance to victims throughout the judicial process; 4. Victims should be treated with compassion and respect for their dignity.
They have the right to access justice mechanisms and to obtain immediate compensation for the harm they have suffered, as provided for in national law. 17. When providing services and support to victims, attention should be paid to victims who suffer as a result of the nature of the harm caused or factors such as the special needs referred to in paragraph 3. 14. Victims should receive the necessary material, medical, psychological and social support through government, voluntary, community and indigenous funds. (8) Offenders or third parties responsible for their conduct should, where appropriate, fairly compensate victims, their families or dependants. Such restitution should include restitution of property or payment for damage or loss suffered, reimbursement of costs incurred as a result of victimization, provision of services and restoration of rights.
