Trafficking: Issues and Framework of Laws

Rapporteur on Trafficking in Persons, Especially Women and Children for the explicit purpose of focusing on the human rights of victims of trafficking. To do so, the rapporteur’s job is to gather and exchange information from governments, non-governmental organizations and victims of trafficking in order to propose appropriate measures to prevent and remedy trafficking violations. Working within the major international instruments and definitions of trafficking, the Special Rapporteur will conduct country visits, publish reports, and take up cases where individual or widespread rights abuses have occurred.

 

States are obligated to protect the rights of trafficking victims under general human rights instruments. The International Covenant on Civil and Political Rights guarantees women the right to life, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to security of person. This Covenant also grants trafficked persons the right to an effective remedy for acts violating their fundamental human rights. The International Covenant on Economic, Social and Cultural Rights provides such basic guarantees as the right to an adequate standard of living (including food, clothing and housing), the right to the highest attainable standard of physical and mental health, the right to education and the right to favorable work conditions, which includes fair wages, equal pay for equal work and reasonable limitation of working hours.

 

1. International Agreement for the suppression of the white slave traffic  – 1904.

 

          The agreement was formulated with the intension of securing for women of full age who have   suffered abuse or compulsion against criminal traffic know as the white slave trade.

 

2.  International convention does the suppression of the white slave Traffic 1910.

 

        This convention criminalised the procurement enticement or leading away of women or girl under the age of 21, even with her consent for immoral purpose irrespective of whether may have been committed in different countries.

 

4. Slavery convention 1926

 

         States parties are enjoyed to discourage all forms of forced labour slavery means the owner’s control over another person, without the salve’s full informed consent for exploitation.

 

5.Forced Labour Convention (ILO) 1930.

 

     Article-1 of this convention calls for the suppression of the use of forced or compulsory labour in all its forms as soon as possible.

 

7.Universal Declaration of Human Rights (1948)

 

     Article 4 of the Declaration prohibits slavery and the slave trade.  Article – 13 recognies the right of persons

 

8. Unconventional for the suppression of the traffic in persons and of the exploitation of the prostitution of others (1949).

 

      This convention is a compilation of four previous international conventions 1904, 1910, 1921 and 1933.  It made procurement, enticement, etc for prostitution punishable, irrespective of the age of the person involved and his/her consent to the same (Article -1).  Brothel keeping was also denounced as illegal and punishable Article 20.  However, it is limited to trafficking for prostitution and related activities.

 

 

10.Abolition of forced Labour convention (ILO) 1957.

 

     Under this convention, states parties under took to abolish any form of forced or compulsory labour that is used as a means to establish political coercion, economic development, labout discipline or racial, social, National or religious discrimination.   

 

15.United Nations convention against Torture and other cruel; inhuman or degrading treatment or punishment (1984)

 

     The convention provides against the expulsion or return of a person another state if there are substantial grounds for deeming him/her to be in danger of torture.  Victim compensation measures are also stipulate in it.

 

 

 

16.Tourism Bill of rights and the Tourist code (1985)

 

 

 

      Adopted by the WTO, the code enjoins that state parties should preclude any possibility of the use of tourism to exploit others for the purpose of prostitution.

             

 Legal Frame Work Against Trafficking In South Asian Countries:

 

BANGLADESH:

      The Bangladesh constitution guarantees equal rights and equal protection to

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