PART 1
been concluded between regional groupings
of States. One very significant example is the
2005 Council of Europe Convention on Action
against Trafficking in Human Beings (European
Trafficking Convention), which entered into force
in February 2008 with the potential to bind
more than 40 countries of Western, Central
and Eastern Europe to a much higher level of
obligation, particularly with regard to victim
protection, than that laid down in the Trafficking
Protocol. The European Trafficking Convention
builds on previous legal instruments developed
by European institutions including the EU
Council Framework Decision of 19 July 20023
on combating trafficking in human beings. That
framework Decision is expected to be repealed
shortly and replaced with a stronger instrument
that follows, much more closely, the letter and
spirit of the European Trafficking Convention.4
Another, narrower, regional example is
provided by the Convention on Preventing and
Combating Trafficking in Women and Children
for Prostitution (SAARC Convention) concluded
in 2002 by the member countries of the South
Asian Association for Regional Cooperation.
As its title implies, the scope of this Convention
is limited to the trafficking of women and
children for prostitution. The first-ever regional
treaty to deal with trafficking was the Inter-
Council Framework Decision 2002/629/JHA of 19 July
2002 on Combating Trafficking in Human Beings, [2002]
OJ L 203 [Hereinafter: EU Council Decision of 19 July
2002]. While not considered a “treaty” in the usual sense,
the adoption of a framework decision imposes specific
obligations on member States of the European Union, and
also on applicant countries, to ensure that their laws and
practices conform to its substantive provisions. Framework
decisions enter into force quickly, without the requirement
of formal ratification. They generally set a restricted period
for implementation.
3
Commission of the European Communities, Proposal
for a Framework Decision on preventing and combating
trafficking in human beings, and protecting victims,
repealing Framework Decision 2002/629/JHA,
COM(2009) 136 final.
4
20
American Convention on International Traffic
in Minors, developed under the auspices of the
Organization of American States, which was
adopted in 1994 and entered into force on 15
August 1997. It seeks to prevent and punish
international trafficking in minors and to regulate
its civil and penal aspects.
While only those States located within a
particular geographical region can generally
become parties to regional treaties, these
instruments can provide all countries with a
useful insight into evolving standards. They can
also contribute to the development of customary
international law on a particular issue or in a
particular area.
2.2.3. TREATIES PROHIBITING SLAVERY AND
THE SLAVE TRADE
The major slavery treaties are listed below and
continue to be important, not least because they
define key concepts that have been used in later
instruments such as the Trafficking Protocol:
• 1926 Convention on Slavery;
• 1956 Supplementary Convention on the
Abolition of Slavery, the Slave Trade and
Institutions and Practices Similar to Slavery
(Supplementary Convention on Slavery).
Note that all major international and regional
human rights treaties also prohibit slavery,
servitude and a range of related practices.
While trafficking is often referred to as a
form of slavery, the precise contours of that
relationship are far from settled. Certainly,
“slavery” is one of the end purposes for which
individuals are trafficked. However, the situation
of many trafficked persons may not fall within
the international legal definition of slavery or,
therefore, within the scope of the international
legal prohibition. This issue has recently been
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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