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1. Answer the questions.

  1. What does this Protocol aim at?

  2. What are the key provisions of the document?

  3. Are migrants liable for having been smuggled?

  4. Why are specific provisions for smuggling by sea included in the protocol?

  5. How are migrants protected from smuggling by air?

  6. Does public information play an important role in the protection of migrants?

  7. How is the question of the return of smuggled migrants to their countries of origin decided in the Protocol?

2. Complete the sentences by translating into English the phrases in italics.

  1. In accordance with the Protocol migrants не несут ответственности for having been smuggled.

  2. States parties to the Protocol are required to укреплять border measures.

  3. The Protocol предусматривает the return of smuggled migrants to their countries of происхождения.

  4. Because of the серьезности and volume of the problem specific provisions for smuggling by sea are also включены in the Protocol.

  5. To make collective international measures как эффективными, так и имеющими силу, the approaches taken by Member States under their domestic legislative and law-enforcement regimes should be как можно более координированными.

3. Find the English equivalents in the text.

обыскать корабль, предупреждать контрабанду мигрантов, проверять проездные документы пассажиров, иметь право на проживание в стране происхождения, увеличивать осведомленность об опасностях контрабанды, принимать необходимые меры

4. Finish the sentences according to the text.

  1. The State of origin is required to accept … .

  2. The Protocol specifies that migrants should not become liable for … .

  3. States may board and search vessels believed to ... .

  4. The Protocol applies to the prevention, investigation and … .

  5. Specific provisions for smuggling by sea are included because of the … .

5. Speak on the Protocol against the Smuggling of Migrants by Land, Sea and Air using the following plan.

  1. Objectives of the Protocol.

  2. Key provisions of the Protocol.

  3. Rights of migrants.

  4. Provisions for smuggling by sea.

  5. Provisions for smuggling by air.

  6. Cooperation of States parties.

  7. Return of smuggled migrants.

Text 5. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime establishes the first common international definition of “trafficking in persons”. It is intended to prevent and combat such crime and facilitate international cooperation against it. The Protocol also highlights the problems associated with trafficking in persons that often leads to inhuman, degrading and dangerous exploitation of trafficked persons. The Protocol is expected to standardize terminology, laws and practices of countries in this area of the law.

While the Convention provides for basic measures to prevent and combat transnational organized crime, its Protocols provide for specific measures to deal with specific crimes. As such, the Protocols should be interpreted together with the Convention. The provisions of the Convention apply mutatis mutandis to each Protocol.

The above Protocol applies to the prevention, investigation and prosecution of trafficking offences, as well as to the protection of the trafficked persons.

The key definition, “trafficking in persons”, is intended to include a range of cases where human beings are exploited by organized criminal groups, particularly where there is an element of duress involved and a transnational aspect, such as the movement of people across borders.

According to the definition, the consent of the victim is irrelevant where illicit means are established, although criminal law defences are preserved.

The need for an appropriate balance between crime-control measures and measures to support or protect victims of trafficking arises in two primary places in the Protocol: the provisions expressly providing for protection and support; and provisions dealing with the return of persons to their countries of origin.

The Protocol contains a series of general protection and support measures for victims. These include a list of social support benefits such as counselling, housing, education, medical and psychological assistance and an opportunity for victims to obtain legal status allowing them to remain in the country of the receiving State party, either temporarily or permanently.

Law enforcement agencies of countries which ratify the Protocol would be required to cooperate with each other in identifying offenders and trafficked persons; sharing information about the methods of offenders; and training investigators, enforcement and victim-support personnel. States parties would also be required to implement security and border controls to detect and prevent trafficking. This includes strengthening their own border controls; imposing requirements on commercial carriers to check passports and visas; setting standards for the technical quality of passports and other travel documents; and cooperating in establishing the validity of their own documents when used abroad.

The Protocol entered into force on 25 December 2003.