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Note by the Office of the United Nations High Commissioner for Human Rights, the United Nations Children's Fund and the International Organization for Migration on the Draft Protocols Concerning Migrant Smuggling and Trafficking in Persons

NCJ Number
184264
Date Published
2000
Length
7 pages
Annotation
This publication addresses the relationship between two draft United Nations protocols concerning migrant smuggling and trafficking in persons; it contains comments made by the Office of the United Nations High Commissioner for Human Rights, the United Nations Children's Fund, and the International Organization for Migration.
Abstract
The three organizations fully support the protocols and believe they will contribute to the elimination of trafficking through transnational organized crime and will extend support and protection to victims of trafficking. The three organizations, however, support a broader and more comprehensive definition of trafficking than that contained in the protocols and also support a separate definition of trafficking in children. In addition, the three organizations recommend including an explicit acknowledgement of the fact that children have special rights under international law, ensuring that victims of human rights violations such as trafficking be provided with access to adequate and appropriate remedies, including provisions for the safe and voluntary return of trafficked persons, recognizing the distinctions between trafficked persons and smuggled migrants, and identifying and understanding root causes of trafficking. Finally, the three organizations believe individuals who are victims of migrant smuggling should be protected, individuals should have a right to return to their country of origin, and border controls should be strengthened in a manner that does not undermine the rights of individuals.