A Comparative Analysis of Legislation A Comparative Analysis of Legislation against Trafficking in Persons in against Trafficking in Persons in Member States of RCM and its Member States of RCM and its

ImplementationImplementation

Trends, Strengths, and LimitationsTrends, Strengths, and Limitations

Lic. Luis F. Centeno M.

BACKGROUND CONCEPT

INTERNATIONAL REGULATIONS

BACKGROUND

NATIONAL REGULATIONS

TRAFFICKING IN PERSONS

“No one shall be held in slavery or servitude; slavery and the slave trade shall be

prohibited in all their forms.”

Universal Declaration of Human Rights

Based on:Based on:

Informed political decisionsInformed political decisions Informed legal resolutionsInformed legal resolutions Definite and specific actionsDefinite and specific actions Implementation capacity and Implementation capacity and

willingnesswillingness

Prior AssessmentsPrior Assessments

MythsMyths Trafficking in persons is a sexual crime.Trafficking in persons is a sexual crime. Trafficking is a series of preparatory actions.Trafficking is a series of preparatory actions. The purpose of exploitation needs to be The purpose of exploitation needs to be

consummated in trafficking.consummated in trafficking. In most cases the victims are…In most cases the victims are… Slavery is an end.Slavery is an end. The Palermo Convention and Protocols are the The Palermo Convention and Protocols are the

only fundamental basis on matters of only fundamental basis on matters of international regulations about trafficking in international regulations about trafficking in persons. persons.

Assistance for victims is very costly and Assistance for victims is very costly and unnecessary.unnecessary.

International cooperation does NOT work.International cooperation does NOT work. Repatriation always is voluntary and assisted.Repatriation always is voluntary and assisted.

Trafficking in Persons is:Trafficking in Persons is:

The Criminal Act: An Internal RealityThe Criminal Act: An Internal Reality The Victim: Perception of the Victim The Victim: Perception of the Victim The Offender: Perception of the The Offender: Perception of the

Offender: He/She is the CriminalOffender: He/She is the Criminal

What is Trafficking in Persons?What is Trafficking in Persons? A complex criminal processA complex criminal process A crime against humanityA crime against humanity A transnational and national crimeA transnational and national crime A crime committed by organized crime A crime committed by organized crime

groups or individual actorsgroups or individual actors A criminal process with a serious social A criminal process with a serious social

impactimpact A NON-discriminating crimeA NON-discriminating crime A crime for economic purposesA crime for economic purposes A form of modern slaveryA form of modern slavery

What is Trafficking in Persons?What is Trafficking in Persons?

Multiple actions, means, and endsMultiple actions, means, and ends Invalidates basic human rightsInvalidates basic human rights Manifests with or without crossing national Manifests with or without crossing national

bordersborders Can be committed by an individual, a criminal Can be committed by an individual, a criminal

gang, or a criminal organizationgang, or a criminal organization Causes a social imbalance that can harm societyCauses a social imbalance that can harm society It is a crime that affects us allIt is a crime that affects us all Traffickers pursue economic or other benefitsTraffickers pursue economic or other benefits Trafficking in persons produces slavesTrafficking in persons produces slaves

International Regulations:International Regulations:What is their Use?What is their Use?

MythsMyths

They are of no use at all.They are of no use at all. They are old and outdated documents.They are old and outdated documents. They require the implementation of They require the implementation of

internal legislation in order to be effective.internal legislation in order to be effective. No instruments exist that address No instruments exist that address

trafficking in persons, with two exceptions.trafficking in persons, with two exceptions. Cannot be referred to in criminal and/or Cannot be referred to in criminal and/or

administrative proceedings.administrative proceedings.

21 International 21 International InstrumentsInstruments

Relating to the Issue of Relating to the Issue of Trafficking in PersonsTrafficking in Persons

International InstrumentsInternational Instruments Universal Declaration of Human RightsUniversal Declaration of Human Rights, adopted and , adopted and

proclaimed by the United Nations General Assembly, proclaimed by the United Nations General Assembly, Resolution 217 A (III), December 10, 1948. Resolution 217 A (III), December 10, 1948.

American Declaration of the Rights and Duties of Man, American Declaration of the Rights and Duties of Man, OAS OAS Res. XXX, approved at the 9th International American Res. XXX, approved at the 9th International American Conference (1948).Conference (1948).

American Convention on Human RightsAmerican Convention on Human Rights, “Pact of San José”, , “Pact of San José”, signed at the Inter-American Specialized Conference on signed at the Inter-American Specialized Conference on Human Rights, San José, Costa Rica, November 7-22, 1969. Human Rights, San José, Costa Rica, November 7-22, 1969. Came into force on July 18, 1978. Came into force on July 18, 1978.

International Covenant on Civil and Political RightsInternational Covenant on Civil and Political Rights,, adopted adopted and opened to signing, ratifying, and adhesion by the and opened to signing, ratifying, and adhesion by the United Nations General Assembly, Resolution 2200 A (XXI), United Nations General Assembly, Resolution 2200 A (XXI), December 16, 1966. Came into force on March 23, 1976, in December 16, 1966. Came into force on March 23, 1976, in accordance with Article 49.accordance with Article 49.

International InstrumentsInternational Instruments Convention on SlaveryConvention on Slavery, signed in Geneva on September 25, , signed in Geneva on September 25,

1926 and its Protocol adopted by the United Nations 1926 and its Protocol adopted by the United Nations General Assembly, Resolution 794 (VIII), October 23, 1953.General Assembly, Resolution 794 (VIII), October 23, 1953.

Supplementary Convention on the Abolition of SlaverySupplementary Convention on the Abolition of Slavery, the , the Slave Trade, and Institutions and Practices Similar to Slave Trade, and Institutions and Practices Similar to Slavery, 1957. Adopted by a Conference of Slavery, 1957. Adopted by a Conference of Plenipotentiaries convened by the Economic and Social Plenipotentiaries convened by the Economic and Social Commission, Resolution 608 (XXI), April 30, 1956. Commission, Resolution 608 (XXI), April 30, 1956. Developed at the United Nations European Office, Geneva, Developed at the United Nations European Office, Geneva, September 7, 1956. Came into force in 1957.September 7, 1956. Came into force in 1957.

Convention 29 of ILO concerning Forced or Compulsory Convention 29 of ILO concerning Forced or Compulsory

Labour Labour which came into force on May 1, 1932.which came into force on May 1, 1932.

Convention 105 of ILO Convention 105 of ILO concerning the abolition of forced concerning the abolition of forced labour, which came into force on January 17, 1959.labour, which came into force on January 17, 1959.

International InstrumentsInternational Instruments Declaration of Basic Principles of Justice for Victims of Crime Declaration of Basic Principles of Justice for Victims of Crime

and Abuse of Powerand Abuse of Power, United Nations General Assembly , United Nations General Assembly Resolution No. 40/34, 1985.Resolution No. 40/34, 1985.

Convention for the Suppression of the Traffic in Persons and Convention for the Suppression of the Traffic in Persons and

of the Exploitation of the Prostitution of Others, 1949, of the Exploitation of the Prostitution of Others, 1949, United Nations General Assembly Resolution No. 317 (IV).United Nations General Assembly Resolution No. 317 (IV).

United Nations Convention Relating to the Status of United Nations Convention Relating to the Status of Refugees Refugees of 1951 and its Protocol of 1967.of 1951 and its Protocol of 1967.

Convention on the Elimination of All Forms of Discrimination Convention on the Elimination of All Forms of Discrimination

Against Women, 1979, Against Women, 1979, United Nations General Assembly United Nations General Assembly Resolution No. 34/180.Resolution No. 34/180.

Inter-American Convention on the Prevention, Punishment, Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women (Convention of and Eradication of Violence Against Women (Convention of Belem do Para),Belem do Para), adopted in Belem do Para, Brazil on June 9, adopted in Belem do Para, Brazil on June 9, 1994, during the XXIV Ordinary Period of Sessions of the 1994, during the XXIV Ordinary Period of Sessions of the OAS General Assembly. OAS General Assembly.

International InstrumentsInternational Instruments Convention against Transnational Organized CrimeConvention against Transnational Organized Crime, UN , UN

General Assembly Resolution No. 55/25, November 15, General Assembly Resolution No. 55/25, November 15, 2000.2000.

Protocol to Prevent, Suppress, and Punish Trafficking in Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, complementing Persons, especially Women and Children, complementing the UN Convention Against Transnational Organized Crimethe UN Convention Against Transnational Organized Crime. . Adopted by the UN General Assembly, November 15, 2000.Adopted by the UN General Assembly, November 15, 2000.

Rome Statute of the International Criminal Court, Rome Statute of the International Criminal Court, approved approved on July 17, 1998 by the United Nations Diplomatic on July 17, 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an Conference of Plenipotentiaries on the Establishment of an International Criminal Court. Came into force on July 1, International Criminal Court. Came into force on July 1, 2002.2002.

2nd World Congress Against Commercial Sexual 2nd World Congress Against Commercial Sexual Exploitation of ChildrenExploitation of Children: Yokohama Global Commitment : Yokohama Global Commitment 2001. 2001.

International InstrumentsInternational Instruments Inter-American Convention on International Traffic in MinorsInter-American Convention on International Traffic in Minors

signed in Mexico City, Mexico on March 18, 1994.signed in Mexico City, Mexico on March 18, 1994. Convention on the Rights of the Child Convention on the Rights of the Child (UNCRC), 1989 (UN (UNCRC), 1989 (UN

General Assembly Resolution No. 44-25). General Assembly Resolution No. 44-25).

Convention 182 – ILO, Convention 182 – ILO, Elimination of the Worst Forms of Elimination of the Worst Forms of

Child Labour Convention, 1999 (adopted at Session No. 87 Child Labour Convention, 1999 (adopted at Session No. 87 of the General Conference of ILO). of the General Conference of ILO).

Protocol on the Sale of Children, Child Prostitution, and Protocol on the Sale of Children, Child Prostitution, and Child PornographyChild Pornography, Resolution A/RES/54/263, May 25, 2000 , Resolution A/RES/54/263, May 25, 2000 complementing the Convention on the Rights of the Child. complementing the Convention on the Rights of the Child.

Protect the Right to:Protect the Right to:

LifeLife FreedomFreedom Well-beingWell-being HealthHealth RespectRespect Individual and Family Individual and Family

SecuritySecurity IdentityIdentity OwnershipOwnership

FamilyFamily EducationEducation WorkWork CitizenshipCitizenship Sexual Self-Sexual Self-

DeterminationDetermination StudiesStudies MarriageMarriage

PunishPunish::

SlaverySlavery Practices similar to slaveryPractices similar to slavery

– Servitude due to debtServitude due to debt– SerfdomSerfdom– Servile marriageServile marriage– Trafficking boys, girls, and adolescentsTrafficking boys, girls, and adolescents

Forced labourForced labour ServitudeServitude

PunishPunish::

Removal of organsRemoval of organs Sexual exploitationSexual exploitation Trafficking slavesTrafficking slaves Trafficking women and childrenTrafficking women and children Trafficking in personsTrafficking in persons Forced prostitutionForced prostitution Forced pregnancyForced pregnancy Forced sterilizationForced sterilization

They Are:They Are:

Instruments of a constitutional or Instruments of a constitutional or higher level.higher level.

Instruments protecting basic human Instruments protecting basic human rights.rights.

Instruments that can be referred to Instruments that can be referred to and applied in criminal proceedings, and applied in criminal proceedings, sentences, or administrative sentences, or administrative proceedings when ratification proceedings when ratification applies.applies.

International Instruments as International Instruments as References at an International References at an International

Level in the 21st Century:Level in the 21st Century:What does this mean?What does this mean?

MythsMyths

Should be used as models for Should be used as models for developing internal instruments.developing internal instruments.

Are outdated instruments that should Are outdated instruments that should be discarded.be discarded.

Reference InstrumentsReference Instruments

Convention against Transnational Convention against Transnational Organized CrimeOrganized Crime

Protocol to Prevent, Suppress, and Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Punish Trafficking in Persons, especially Women and Childrenespecially Women and Children

Convention for the Suppression of Convention for the Suppression of the Traffic in Persons and of the the Traffic in Persons and of the Exploitation of the Prostitution of Exploitation of the Prostitution of Others, 1949 (?)Others, 1949 (?)

Convention Against Transnational Convention Against Transnational Organized Crime, 2000 Organized Crime, 2000 (Palermo Convention)(Palermo Convention)

Palermo Convention

Traffickingin

Persons

Smuggling ofPersons

Smuggling ofWeapons

mutatis mutandismutatis mutandis

Mutual LegalAssistance

Obstruction ofJustice

Assistanceto Victims

Sovereignty

AssetConfiscation

Extradition

Victim/WitnessProtection

Technical Cooperation

Use of Special

Techniques

Concept ofOrganized

Crime

PalermoConvention

Palermo Convention

MythsMyths

The Palermo Protocol against Trafficking in The Palermo Protocol against Trafficking in Persons is an instrument that is foreign to Persons is an instrument that is foreign to the Convention and/or autonomous.the Convention and/or autonomous.

The definition of the Protocol is an exact The definition of the Protocol is an exact copy of a criminal type against trafficking copy of a criminal type against trafficking in persons.in persons.

The most important element of the The most important element of the Protocol is the definition.Protocol is the definition.

It is an old and outdated instrument.It is an old and outdated instrument.

Protocol to Prevent, Suppress, and Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Punish Trafficking in Persons, especially Women and Childrenespecially Women and Children

Protection

InternationalCooperation

Persecution

Assistanceto Victims

Prevention

Palermo Protocol onTrafficking

inPersons

RightsHuman

Palermo ProtocolPalermo Protocol To combat trafficking in persons in a To combat trafficking in persons in a

comprehensive manner.comprehensive manner.

The definition is a reference to establish The definition is a reference to establish sanctions at an internal level.sanctions at an internal level.

Defines the most relevant topics relating to Defines the most relevant topics relating to trafficking in persons: Prevention, Justice trafficking in persons: Prevention, Justice Procuration, Assistance/Aid, Protection, Procuration, Assistance/Aid, Protection, Cooperation, Reintegration.Cooperation, Reintegration.

It is a document that was developed 10 years ago It is a document that was developed 10 years ago but has yet to be implemented in a but has yet to be implemented in a comprehensive manner.comprehensive manner.

Justice ProcurationJustice Procuration

Criminal LegislationCriminal Legislation

Criminal Type(s)Criminal Type(s)Trafficking in PersonsTrafficking in Persons

Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Childrenand Children, complementing the UN Convention Against Transnational Organized Crime, complementing the UN Convention Against Transnational Organized Crime

Definition of Trafficking

a) a) “Trafficking in persons” shall mean the recruitment, transportation, “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of 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 force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or the 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 receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;slavery or practices similar to slavery, servitude or the removal of organs;

TRANSPORTATION / TRANSFERTRANSPORTATION / TRANSFER

DEPRIVATION OF FREEDOMDEPRIVATION OF FREEDOM

EXPLOITATIONEXPLOITATION

v

v

Elements Defining Trafficking in PersonsElements Defining Trafficking in Persons

Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, complementing the UN Convention especially Women and Children, complementing the UN Convention

Against Transnational Organized CrimeAgainst Transnational Organized Crime

For the purposes of the Protocol (Article 3)

b) b) The consentThe consent of a victim of trafficking in persons to the of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in shall be irrelevant where any of the means set forth in subparagraph (a) have been used;subparagraph (a) have been used;

c) c) The recruitment, transportation, transfer, harbouring or The recruitment, transportation, transfer, harbouring or receiptreceipt of a child for the purpose of exploitation shall be of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;any of the means set forth in subparagraph (a) of this article;

d) d) “Child” shall mean any person under eighteen years of age.“Child” shall mean any person under eighteen years of age.

ElementsElements Action - Recruitment

- Transportation, transfer- Harbouring and receipt

Persons

Means of Coercion

- Threat- Use of force- Abduction- Fraud- Deception- Abuse of power- Position of vulnerability

- Exploitation of the prostitution of others or other forms of sexual exploitation - Forced labour or services- Slavery or practices similar to slavery- Servitude- Removal of organs

Exploitation Purposes

Does not apply to persons under 18 years of age

Does not apply to persons under 18 years of age

Criminal TypeCriminal Type

Guiding VerbsGuiding Verbs

CountryCountry GUIDING VERBSGUIDING VERBS

United StatesUnited States To recruit, To recruit, harbourharbour, , transporttransport, provide, obtain , provide, obtain

CanadaCanada To recruit, To recruit, transport, transfer,transport, transfer, receivereceive, retain, hide or , retain, hide or sheltershelter

To organize, recruit, To organize, recruit, transporttransport, , harbour, receiveharbour, receive

MexicoMexico To promote, solicit, offer, facilitate, obtain, To promote, solicit, offer, facilitate, obtain, transfertransfer, , deliver or deliver or receivereceive

GuatemalaGuatemala To recruit, transport, transferTo recruit, transport, transfer, retain, , retain, harbour, receiveharbour, receive

BelizeBelize To participate, organize, conspire, leadTo participate, organize, conspire, lead

HondurasHonduras To facilitate, promote, execute, recruit, retain, transport, To facilitate, promote, execute, recruit, retain, transport, transfer, deliver, harbourtransfer, deliver, harbour

El SalvadorEl Salvador To recruit, To recruit, transport, transfer, harbour or receive, transport, transfer, harbour or receive, facilitate, promote, favourfacilitate, promote, favour

NicaraguaNicaragua To attractTo attract, recruit, hire, , recruit, hire, transporttransport, , transfertransfer, retain, , retain, harbour or receiveharbour or receive

Costa RicaCosta Rica To promote, facilitate, favourTo promote, facilitate, favour

PanamaPanama To facilitate, promote, recruit, organizeTo facilitate, promote, recruit, organize

Dominican Dominican RepublicRepublic

To recruit, transport, transfer, harbour, receiveTo recruit, transport, transfer, harbour, receive

Guiding VerbsGuiding Verbs

To recruit: to attract through To recruit: to attract through deception or forcedeception or force

To transfer: oriented towards To transfer: oriented towards uprootinguprooting

To transport: to mobiliseTo transport: to mobilise To harbour: to shelter, to hideTo harbour: to shelter, to hide To receive: to wait for, to meet a To receive: to wait for, to meet a

personperson

Guiding VerbsGuiding Verbs

To recruitTo recruit To receive or deliverTo receive or deliver To shelter, hide, concealTo shelter, hide, conceal To organizeTo organize To promoteTo promote To facilitateTo facilitate To favourTo favour

Guiding Verbs: RecommendationsGuiding Verbs: Recommendations

To include the entire trafficking To include the entire trafficking processprocess

To involve as many members of the To involve as many members of the organization as possibleorganization as possible

To reduce the range of complicityTo reduce the range of complicity To avoid confusionTo avoid confusion

Criminal TypeCriminal Type

Means of Means of

Committing the CrimeCommitting the Crime

CountryCountry MEANS OF COMMITTING THE CRIMEMEANS OF COMMITTING THE CRIME

United StatesUnited States Through any meansThrough any means

CanadaCanada Abduction, fraud, deception, threat, force, coercionAbduction, fraud, deception, threat, force, coercion

MexicoMexico Physical or moral violence, deception, abuse of power

GuatemalaGuatemala Does not mention specific meansDoes not mention specific means

BelizeBelize Does not mention specific meansDoes not mention specific means

HondurasHonduras Aggrav.: Force, intimidation, deception, or promising Aggrav.: Force, intimidation, deception, or promising employmentemployment

El SalvadorEl Salvador Financial benefitsFinancial benefits

NicaraguaNicaragua Threats, offers, deceptionThreats, offers, deception

Costa RicaCosta Rica Deception, violence, or any means of intimidation or Deception, violence, or any means of intimidation or coercioncoercion

PanamaPanama Aggrav.: deception, coercion, taking or retaining Aggrav.: deception, coercion, taking or retaining documents, positions of vulnerabilitydocuments, positions of vulnerability

Dominican Dominican RepublicRepublic

Threat, force, coercion, abduction, fraud, deception, Threat, force, coercion, abduction, fraud, deception, abuse of powerabuse of power

CountryCountry The generic criminal type The generic criminal type requires use of means by adultsrequires use of means by adults

United United StatesStates

NoNo

CanadaCanada √ √ 118 (Abduction, fraud, 118 (Abduction, fraud, deception…)deception…)

Dominican Dominican RepublicRepublic

√ √ (Threat, force…)(Threat, force…)

BelizeBelize NoNo

CountryCountry The generic criminal type requires The generic criminal type requires use of means by adultsuse of means by adults

MexicoMexico √ √ (Physical or moral violence, (Physical or moral violence, deception…)deception…)

GuatemalaGuatemala NoNo

HondurasHonduras NoNo

El SalvadorEl Salvador √ √ (Sexual exploitation, forced (Sexual exploitation, forced labour, etc.)labour, etc.)

NicaraguaNicaragua √ √ (Deception…)(Deception…)

Costa RicaCosta Rica NoNo

PanamaPanama NoNo

Means of Committing the CrimeMeans of Committing the Crime

ThreatThreat Use of forceUse of force CoercionCoercion AbductionAbduction Fraud Fraud Deception Deception

Abuse of powerAbuse of power Positions of Positions of

vulnerabilityvulnerability Giving or receiving Giving or receiving

of payment of payment

Means of Committing the CrimeMeans of Committing the Crime

Physical or moral violencePhysical or moral violence AbductionAbduction Offers Offers Taking or retaining documentsTaking or retaining documents ReceptionReception

Means: RecommendationsMeans: Recommendations

Should not be linked to typical Should not be linked to typical actionsactions

Should be included as an aggravation Should be included as an aggravation of the crimeof the crime

Should cover the entire range of Should cover the entire range of potential situations of deception or potential situations of deception or forceforce

ConsentConsent

CountryCountry Consent is not relevantConsent is not relevant

United StatesUnited States √√

CanadaCanada √√

MexicoMexico √√

GuatemalaGuatemala √ √ explicitlyexplicitly

BelizeBelize √√

HondurasHonduras √√

El SalvadorEl Salvador √√

NicaraguaNicaragua √√

Costa RicaCosta Rica √√

PanamaPanama √√

Dominican RepublicDominican Republic √ √ explicitlyexplicitly

ConsentConsent

Based on the Protocol: Focused on Based on the Protocol: Focused on the practice of prostitutionthe practice of prostitution

Differentiating between adults and Differentiating between adults and children (persons under 18 years of children (persons under 18 years of age)age)

Consent: RecommendationConsent: Recommendation

Irrelevant in all casesIrrelevant in all cases

Criminal TypeCriminal Type

PurposesPurposes

CountryCountry PURPOSESPURPOSES

United StatesUnited States Labour or servicesLabour or services

CanadaCanada Exploitation: Labour or servicesExploitation: Labour or services

MexicoMexico Sexual exploitation, Sexual exploitation, forced labour or services,forced labour or services, slavery, slavery, servitude, removal of organsservitude, removal of organs

GuatemalaGuatemala Prostitution of others, Prostitution of others, sexual exploitation, forced sexual exploitation, forced labour or services, labour or services, labour exploitation, labour exploitation, mendicity, mendicity, servitude, servitude, sale of persons, sale of persons, removal and smuggling of removal and smuggling of organs, organs, recruiting children, irregular adoption, irregular recruiting children, irregular adoption, irregular adoption procedures, forced pregnancy, servile marriage adoption procedures, forced pregnancy, servile marriage (Art. 202Ter Criminal Code)(Art. 202Ter Criminal Code)

BelizeBelize

HondurasHonduras Commercial sexual exploitationCommercial sexual exploitation (Art. 149 Criminal Code)(Art. 149 Criminal Code)

El SalvadorEl Salvador Sexual exploitation, forced labour or services, Sexual exploitation, forced labour or services, practices similar to slavery, removal of organs, practices similar to slavery, removal of organs, fraudulent adoption, forced marriage (Art. 367-B fraudulent adoption, forced marriage (Art. 367-B Criminal Code)Criminal Code)

NicaraguaNicaragua Slavery, sexual exploitation, sale of children with Slavery, sexual exploitation, sale of children with sexual exploitation purposes (Art. 182 Criminal Code) sexual exploitation purposes (Art. 182 Criminal Code)

Costa RicaCosta Rica Acts of prostitution, sexual exploitation, labour Acts of prostitution, sexual exploitation, labour exploitation, sexual servitude, labour servitude, exploitation, sexual servitude, labour servitude, slavery, practices similar to slavery, forced labour or slavery, practices similar to slavery, forced labour or services, servile marriage, mendicity, illegal removal services, servile marriage, mendicity, illegal removal of organs, irregular adoption (Art. 172 Criminal Code)of organs, irregular adoption (Art. 172 Criminal Code)

PanamaPanama Unauthorized paid sexual activity, sexual servitude Unauthorized paid sexual activity, sexual servitude (Art. 177 Criminal Code)(Art. 177 Criminal Code)

Dominican Dominican RepublicRepublic

Mendicity, any form of sexual exploitation, Mendicity, any form of sexual exploitation, pornography, forced labour or services, servitude due pornography, forced labour or services, servitude due to debt, servile marriage, irregular adoption, slavery to debt, servile marriage, irregular adoption, slavery or practices similar to slavery, servitude, or removal of or practices similar to slavery, servitude, or removal of organs (Art. 3)organs (Art. 3)

PurposesPurposes

Exploitation of the prostitution of Exploitation of the prostitution of othersothers

Sexual exploitationSexual exploitation Forced labour or servicesForced labour or services SlaverySlavery Practices similar to slaveryPractices similar to slavery ServitudeServitude Removal of organsRemoval of organs

PurposesPurposes

MendicityMendicity Irregular adoptionIrregular adoption Sale of personsSale of persons Servile or forced Servile or forced

marriagemarriage Illegal adoption Illegal adoption

proceduresprocedures Forced pregnancyForced pregnancy Removal of organsRemoval of organs

Organ smugglingOrgan smuggling Recruitment by Recruitment by

criminal groupscriminal groups Unauthorized paid Unauthorized paid

sexual activitysexual activity PornographyPornography Acts of prostitutionActs of prostitution

Purposes: RecommendationsPurposes: Recommendations

Not to repeat elements within the Not to repeat elements within the cataloguecatalogue

To establish the scope of each To establish the scope of each purposepurpose

To use broad termsTo use broad terms To define the terms that cannot be To define the terms that cannot be

defined through instruments, defined through instruments, jurisprudence, or doctrinejurisprudence, or doctrine

To avoid confusionTo avoid confusion

Criminal TypeCriminal Type

PunishmentPunishment

PunishmentPunishment

Minimum Punishment: 4 yearsMinimum Punishment: 4 years Maximum Punishment: Lifetime Maximum Punishment: Lifetime

SentenceSentence Average: 6-12 years, 8-18 yearsAverage: 6-12 years, 8-18 years

Criminal TypeCriminal Type

Other AspectsOther Aspects

Other Aspects Relating to the Other Aspects Relating to the Criminal TypeCriminal Type

Public Action (?)Public Action (?) Principle of ExtraterritorialityPrinciple of Extraterritoriality AttemptAttempt ComplicityComplicity JustificationJustification CulpabilityCulpability Purposes in autonomous typesPurposes in autonomous types Establishing linksEstablishing links Assessing confluencesAssessing confluences Assessing the scope of the punishmentAssessing the scope of the punishment

Criminal ProceedingsCriminal Proceedings

Procedural MattersProcedural Matters

Definition of victimDefinition of victim Denouncement of the victimDenouncement of the victim Early declaration of the victimEarly declaration of the victim Prescription of the crimePrescription of the crime Comprehensive compensation for harm causedComprehensive compensation for harm caused Opportunity criteria (effective collaborator), Opportunity criteria (effective collaborator),

relating to complicityrelating to complicity ConciliationConciliation Punishment of victims committing crimesPunishment of victims committing crimes

Procedural MattersProcedural Matters

Declaration through special means Declaration through special means (external)(external)

Civil action oriented towards Civil action oriented towards compensating the harm causedcompensating the harm caused

Procedural Matters: Procedural Matters: RecommendationsRecommendations

Denouncement and analysis in one hearingDenouncement and analysis in one hearing Early declaration in all casesEarly declaration in all cases Prescription of the crime (crime against Prescription of the crime (crime against

humanity): In Nicaragua the crime does not humanity): In Nicaragua the crime does not prescribeprescribe

Comprehensive compensation for harm Comprehensive compensation for harm caused (Fund)caused (Fund)

Criteria of opportunity (effective Criteria of opportunity (effective collaborator), relating to complicity: collaborator), relating to complicity: ApplicableApplicable

NO ConciliationNO Conciliation

Procedural Matters: Procedural Matters: RecommendationsRecommendations

In all cases, declaration through special means In all cases, declaration through special means (external)(external)

Civil action through a FundCivil action through a Fund To establish special provisions for interpreters in To establish special provisions for interpreters in

cases of trafficking in personscases of trafficking in persons Rights of the Victim: assistance to victims, NOT Rights of the Victim: assistance to victims, NOT

punishing victims committing crimes during punishing victims committing crimes during processes of trafficking in personsprocesses of trafficking in persons

Forensic analyses in a hearingForensic analyses in a hearing The definition of victim should include persons The definition of victim should include persons

dependent upon the victim and persons affected dependent upon the victim and persons affected by the crimeby the crime

Organized CrimeOrganized Crime

Organized CrimeOrganized Crime

Law Against Organized CrimeLaw Against Organized Crime (follows (follows similar criteria in all countries, similar criteria in all countries, incorporates definitions from the Palermo incorporates definitions from the Palermo Convention)Convention)– El Salvador (2007)El Salvador (2007)– Guatemala (2006)Guatemala (2006)– Costa Rica (2009)Costa Rica (2009)– Mexico (1996) and its reformsMexico (1996) and its reforms– Special RegulationsSpecial Regulations

Organized CrimeOrganized Crime

Trafficking in Persons: A crime Trafficking in Persons: A crime committed by organized crime committed by organized crime groupsgroups

A special lawA special law Specific provisions in criminal Specific provisions in criminal

legislation legislation Advantages of the category of crime Advantages of the category of crime

in the manifestation of organized in the manifestation of organized crimecrime

Organized Crime:Organized Crime:RecommendationsRecommendations

To include trafficking in persons in To include trafficking in persons in the catalogue of crimes committed the catalogue of crimes committed by organized crime groupsby organized crime groups

An emphasis on the procedural An emphasis on the procedural ADVANTAGES for crimes committed ADVANTAGES for crimes committed by organized crime groupsby organized crime groups

2 or 3 persons: an organized group2 or 3 persons: an organized group

ProtectionProtection

CountryCountry Protection for Victims and Protection for Victims and WitnessesWitnesses

United StatesUnited States Title 18 USC Section 3521(c), Witness Title 18 USC Section 3521(c), Witness Security Reform Act of 1984Security Reform Act of 1984

CanadaCanada Section 4, Witness Protection Program Section 4, Witness Protection Program Act Act

MexicoMexico Federal Law against Organized Crime (?)Federal Law against Organized Crime (?)

GuatemalaGuatemala 1996 Law for the Protection of Parties to 1996 Law for the Protection of Parties to a Proceeding and Persons Linked to the a Proceeding and Persons Linked to the Administration of Criminal Justice Administration of Criminal Justice (Decree No. 70-96,1996)(Decree No. 70-96,1996)

Dominican RepublicDominican Republic Resolution No. 42 on the Victim and Resolution No. 42 on the Victim and Witness Protection UnitWitness Protection Unit

CountryCountry Protection for Victims and Protection for Victims and WitnessesWitnesses

BelizeBelize Justice Protection Act. 2005Justice Protection Act. 2005

HondurasHonduras 2007 Law on Protection of Witnesses in 2007 Law on Protection of Witnesses in Criminal ProceedingsCriminal Proceedings

El SalvadorEl Salvador Special Law for the Protection of Victims Special Law for the Protection of Victims and Witnesses, 2006and Witnesses, 2006

NicaraguaNicaragua NoNo

Costa RicaCosta Rica 2009 Law for the protection of victims, 2009 Law for the protection of victims, witnesses, and other parties to criminal witnesses, and other parties to criminal proceedingsproceedings

PanamaPanama NoNo

Dominican RepublicDominican Republic (?) Resolution No. 42 on the Victim and (?) Resolution No. 42 on the Victim and Witness Protection Unit Witness Protection Unit

Protection for Victims and Protection for Victims and WitnessesWitnesses

Protection for the victimProtection for the victim Protection for the victim/witnessProtection for the victim/witness Victims who do not collaborateVictims who do not collaborate Special legislationSpecial legislation Special regulations in legislation Special regulations in legislation Protection programsProtection programs

Protection for Victims and Protection for Victims and WitnessesWitnesses

Protection for victims who do not Protection for victims who do not collaboratecollaborate

Special actions for victims of Special actions for victims of trafficking in persons (includes trafficking in persons (includes immigration protection)immigration protection)

Link between protection and Link between protection and assistanceassistance

Special LegislationSpecial Legislation

CountryCountry Specialized LegislationSpecialized Legislation

United StatesUnited States Victims of Trafficking and Violence Protection Act of Victims of Trafficking and Violence Protection Act of 2000 2000

CanadaCanada Provisions of the Criminal Code and Immigration LawProvisions of the Criminal Code and Immigration Law

MexicoMexico Law to Prevent and Punish Trafficking in Persons, 2007Law to Prevent and Punish Trafficking in Persons, 2007

GuatemalaGuatemala Law against Sexual Violence, Exploitation, and Law against Sexual Violence, Exploitation, and Trafficking in Persons, Decree 9-2009Trafficking in Persons, Decree 9-2009

BelizeBelize Trafficking in Persons (Prohibition) Act 2003Trafficking in Persons (Prohibition) Act 2003

HondurasHonduras

El SalvadorEl Salvador A specialized bill initiativeA specialized bill initiative

NicaraguaNicaragua

Costa RicaCosta Rica Law against Trafficking in Persons and Related Law against Trafficking in Persons and Related Activities, Bill No. 17594Activities, Bill No. 17594

PanamaPanama Provisions of the Immigration Law, a specialized bill Provisions of the Immigration Law, a specialized bill initiativeinitiative

Dominican Dominican RepublicRepublic

Law No. 137-03 Against Migrant Smuggling and Law No. 137-03 Against Migrant Smuggling and Trafficking in Persons, 2003Trafficking in Persons, 2003

Special LegislationSpecial Legislation

Should be comprehensiveShould be comprehensive UNODC model lawUNODC model law Implementing the Palermo ProtocolImplementing the Palermo Protocol Different realities Different realities The criminal type as the core element of The criminal type as the core element of

special legislationspecial legislation Division by modulesDivision by modules Human rights basis: victimsHuman rights basis: victims FinancingFinancing

Special Legislation: Special Legislation: RecommendationsRecommendations

Principles based on human rights: Principles based on human rights: SpecificsSpecifics

DefinitionsDefinitions Division by modulesDivision by modules An emphasis on assistance for victimsAn emphasis on assistance for victims The substantive and the instrumentalThe substantive and the instrumental The coordinating bodyThe coordinating body Institutional responsibilitiesInstitutional responsibilities Links with other special legislationsLinks with other special legislations

Special Law Against

Trafficking inPersons

Assistance

PreventionConstitution

Organized Crime

Migration

Protection for

Victims

Persecution

Protection

Cooperation

InternationalInstruments