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Summaries of EU Legislation

Protocol against the trafficking of people

Date of last review:
13/12/2016
Initial creation date:
17/03/2008
Summarised document(s):
Author:
Publications Office of the European Union
Responsible entity(ies):
Publications Office of the European Union

Protocol against the trafficking of people

SUMMARY OF:

Decision 2006/618/EC on the EU’s conclusion of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime — within the scope of Articles 179 and 181a of the Treaty

Decision 2006/619/EC on the EU’s conclusion of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime — within the scope of Part III, Title IV of the Treaty

WHAT IS THE AIM OF THESE DECISIONS?

KEY POINTS

  • The purposes of the protocol are to:
    • prevent and combat transnational trafficking in persons1, especially women and children2, by organised criminal groups;
    • protect and assist the victims of exploitation3;
    • promote cooperation among countries in this domain.
  • Each signatory country must adopt the necessary laws and other measures to establish as criminal offences the acts defined as trafficking in persons, including acting as an accomplice in such acts.
  • Disputes between the signatories regarding the interpretation or application of the protocol should be settled by negotiation and, failing that, by arbitration.
  • Where a dispute goes for arbitration, if an arrangement has not been agreed within 6 months, any of the parties may refer the dispute to the International Court of Justice.

Preventing trafficking in persons

  • Signatory countries should adopt measures to prevent and combat trafficking in persons, in cooperation with relevant civil society organisations. These measures may include information and media campaigns and social and economic initiatives.
  • It is also important to address the factors that render people vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity, through bilateral and multilateral cooperation.

Protecting victims

  • Signatory countries are required to:
    • protect theprivacy and identity of victims of trafficking;
    • give them information on relevant court and administrative proceedings;
    • provide for their physical, psychological and social recovery, e.g. housing, appropriate care, employment, educational and training opportunities;
    • allow victims of trafficking to remain in their territory, temporarily or permanently, giving appropriate consideration to humanitarian and compassionate factors;
    • assist victims to return to their country of origin or to reach another country, with due regard for their safety.

Information exchange and cooperation

  • The relevant services of the signatory countries agree to exchange information on certain aspects including:
    • the types of travel documents used for the purpose of people trafficking,
    • the means and methods used by organised criminal groups for this purpose.
  • The countries also undertake to strengthen cooperation between their border control services.

FROM WHEN DO THE DECISIONS APPLY?

They apply from .

BACKGROUND

The UN Convention against Transnational Organised Crime, adopted by the General Assembly of the United Nations on , came into force on .

It is supplemented by 3 protocols:

* KEY TERMS

  1. Trafficking in persons: the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, 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 having control over another person for the purpose of exploitation.
  2. Children: persons under 18 years of age.
  3. Exploitation: exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

MAIN DOCUMENTS

Council Decision 2006/618/EC of on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the Treaty establishing the European Community (OJ L 262, , pp. 44-50)

Council Decision 2006/619/EC of on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community (OJ L 262, , pp. 51-58)

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