United Nations Conventions on the Rights of the Child (UNCRC), 1989
The United Nations Conventions on the Rights of the Child (UNCRC), 1989 establishes a comprehensive framework for the protection and promotion of the rights of children. The Convention recognises children as rights-holders, entitled to specific protections and opportunities. The Convention ensures that children are safeguarded from exploitation, prohibiting child trafficking worldwide. Pakistan ratified UNCRC, 1989 on 12th November, 1990.
Article 11 recognises child abduction, including trafficking, as a serious violation of children’s rights. The provision urges State Parties to take measures combating the illicit transfer and non-return of children. These measures include the cooperation between countries to ensure the safe return of abducted children and to combat child trafficking across borders. Article 32 focuses on protecting children from economic exploitation and harmful work. It specifically prohibits the engagement of children in any form of work that is likely to be hazardous or interfere with their education, including child trafficking for labour purposes.
Moreover, Article 34 addresses the protection of children from sexual exploitation. The provision prohibits the inducement or coercion of a child to engage in any unlawful sexual activity, including child trafficking for the purpose of sexual exploitation. Additionally, Article 35 highlights the importance of preventing the abduction, sale, or trafficking of children for any purpose or in any form.
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, 2000
The Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornogrpahy (OPCRC), 2000 complements UNCRC, 1989 by focusing mainly on protecting children from exploitation, including child trafficking. Pakistan ratified OPCRC, 2000 on 26th September, 2001.
Article 2(a) defines ‘Sale of Children’ as any act or transaction whereby a child is transferred, offered, delivered, or accepted by any person or group of persons to another for remuneration or any other consideration, including both internal and cross-border transfers. The sale of children encompasses various forms, such as the sale of children for forced labor, sexual exploitation, transfer of organs, and more. Article 3 focuses on the criminalisation of the sale of children. The provision urges state parties to establish and enforce laws that make the sale of children a criminal offense for both, domestic and cross-border cases. Moreover, Article 8 emphasizes the importance of providing appropriate assistance and support to children who have been victims of the sale of children, child prostitution, and child pornography. The provision requires state parties to ensure the physical and psychological recovery and social reintegration of child victims, by providing medical, psychological, and social support services.
United Nations Convention against Transnational Organised Crime (UNTOC), 2000
The United Convention against Transnational Organised Crime (UNTOC) aims to combat organized crimes across borders. The Convention was adopted by the United Nations General Assembly on 15th November, 2000 and came into force on 29th September, 2003. The Convention covers a wide range of criminal activities, such as human trafficking, smuggling of migrants, money laundering, and the illicit trade of firearms and drugs. Pakistan ratified the UNTOC in 2010.
Article 5 specifies that participating in an organized criminal group involves the intentional contribution to the activities of the group, either by committing offenses or by aiding and abetting others in their commission. This article requires state parties to establish legislation that criminalizes participation in these groups, specifically those involved in child trafficking, ensuring that individuals involved can be held accountable. Article 25 addresses the assistance to and protection of victims. The article highlights the importance of providing support and protection to victims of organized crime, including victims of trafficking in persons. State parties are required to adopt measures which include providing appropriate medical, psychological, and social assistance to victims. The article also emphasizes the importance of international cooperation in providing assistance and protection to victims, particularly in cases where the victim is in a different country from their country of origin.
Moreover, Article 27 emphasizes the importance of law enforcement cooperation specifically in addressing child trafficking, directing state parties to prevent, investigate, and prosecute cases of child trafficking. The article requires state parties to exchange information, provide mutual legal assistance, and cooperation in conducting investigations. This includes sharing intelligence, coordinating efforts to apprehend offenders, and ensuring the safe recovery and protection of child victims.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Supplementing the United Nations Convention Against Transnational Organised Crime (Palermo Protocol)
The Palermo Protocol, also referred to as the ‘Trafficking Protocol’ or ‘UN TIP Protocol’ is an important supplement to the United Nations Convention against Transnational Organised Crime. The Protocol specifically addresses the issue of human trafficking, with a focus on protecting the rights and well-being of victims, particularly women and children. Pakistan ratified the Palermo Protocol on 4th November, 2022.
Article 2 emphasizes the need for effective measures to prevent trafficking, prosecute offenders, and provide assistance and support to victims. It encourages international cooperation and coordination among member states to combat this heinous crime. By establishing a dedicated protocol, it allows for a more comprehensive and targeted approach to addressing the specific challenges of trafficking in persons, especially women and children. It strengthens the legal framework and provides a platform for collaboration to fight against this grave violation of human rights. Article 3(a) defines “Trafficking in persons” as the recruitment, transportation, transfer, harboring, or receipt of children for the purpose of exploitation, which can include forced labour, sexual exploitation, involvement in illicit activities, or any other form of exploitation that violates the rights and well-being of the child.
Article 5 addresses the criminalisation of trafficking in persons. The article requires state parties to establish legislation that criminalizes all forms of trafficking, including child trafficking. This includes prosecuting individuals involved in recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of exploitation. Moreover, Article 6 focuses on the assistance to and protection of victims of trafficking. It emphasizes the importance of providing victims with appropriate protection, support, and access to necessary services, such as medical, psychological, and social assistance. This article further highlights and encourages state parties to consider the age, gender, and special needs of victims when providing assistance and protection. Furthermore, Article 8 addresses the repatriation of victims of trafficking in persons. The article emphasizes the importance of facilitating and ensuring the safe and voluntary return of victims to their countries or origin, taking into consideration their safety and well-being. The process includes providing them with appropriate support, protection, and assistance during the repatriation process and ensuring that they are not subjected to re-victimization or punishment upon their return.
Protocol Against the Smuggling of Migrants by Land, Sea, and Air Supplementing the United Nations Conventions Against Transnational Organised Crime
The Protocol against the Smuggling of Migrants by Land, Sea, and Air, also known as the ‘Smuggling Protocol’ and ‘UN SOM Protocol’, is a crucial supplement to the United Nations conventions against Transnational Organised crime. It addresses and prohibits migrant smuggling, which involves the facilitation of unauthorized migration across borders for financial gain. Pakistan has been advised to ratify this protocol in order to promote the protection of the rights of smuggled migrants.
Article 3 defines ‘Smuggling of Migrants’ as the act involving the procurement, transportation, or facilitation of the illegal entry of a person into a country, while acquiring the knowledge that the person is not authorized to enter or stay in that particular country but committing the act with the intent to gain a financial or other material benefit, either directly or indirectly. Article 5 recognises the rights of the migrants and exempts them from any potential liability under the law of the country they have entered.
Moreover, Article 6 emphasizes the importance of criminalizing the act of smuggling of migrants. The provision urges state parties to establish the smuggling of migrants as a criminal offense under their domestic laws. By criminalizing the act, countries can take legal action against individuals or organized criminal groups involved in facilitating the illegal entry or transportation of migrants. This includes activities such as arranging transportation, providing fraudulent documents, or receiving financial gain from the smuggling process. Furthermore, Article 16 addresses the vulnerabilities smuggled migrants may face as a result of their irregular migration status and urges state parties to establish comprehensive measures to protect and assist smuggled migrants. This includes providing them with appropriate housing, healthcare, and legal aid.
OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking
The Recommended Principles and Guidelines on Human Rights and Human Trafficking have been developed by the United Nations Office of the High Commissioner for Human Rights (OHCHR) in order to provide rights-based and victim-centric policy guidance on the prevention of trafficking and the protection of victims of trafficking.
Guideline 2 underscores the significance of effective identification procedures in combating trafficking, ensuring the protection of victims, and holding traffickers accountable for their crimes. It urges the state parties to establish clear and comprehensive procedures for the identification of trafficked persons, taking into account the specific vulnerabilities of different groups, such as women, children, migrants, and other marginalized populations. Guideline 6 highlights the importance of providing comprehensive assistance and support to ensure the recovery and well-being of survivors. It directs state parties to establish and implement victim-centric protection measures that address the specific needs and vulnerabilities of trafficked persons. This includes providing immediate and on-going access to shelter, healthcare, legal aid, and psycho-social support services. The guideline emphasizes the importance of ensuring that these services are available without discrimination, regardless of the victim’s immigration status or cooperation in legal proceedings.
Moreover, Guideline 7 emphasizes the importance of adopting comprehensive and targeted measures to address the root causes and risk factors associated with trafficking. It recommends states to take proactive steps to prevent trafficking through awareness-raising campaigns, education, and training programs, to increase public awareness about the risks and consequences of trafficking and empower individuals to recognise and report potential cases of trafficking. Guideline 8 emphasizes the importance of child-sensitive and age-appropriate procedures in identifying and assisting child victims of trafficking. The provision urges state parties to incorporate the establishment of specialized units or mechanisms within law enforcement and social services to effectively respond to the needs of child victims.
ILO’s Worst Forms of Child Labour Convention, 1999 (No. 182)
The International Labour Organization Convention on the Worst Forms of Child Labour, 1999 (No. 182) addresses the prevalent issue of child labour. The Act focuses primarily on eliminating the most harmful and exploitative forms of child labour, ensuring their well-being, safety and development. The Convention raises awareness about the severity of the worst forms of child labour and encourages advocacy efforts to combat this issue on a global scale. Pakistan ratified the ILO Convention on 11th October 2001.
Article 3(a) specifies that the worst forms of child labour comprises of sale of children for various purposes, such as forced labour, slavery, debt bondage, and more. Moreover, the Convention establishes internationally recognized standards and guidelines for governments, employers, and workers to address the issue of child labour effectively. Article 6 emphasizes the need for the prohibition and elimination of the worst forms of child labour. It requires State Parties to take immediate action to identify and remove children from hazardous work environments and provide them with access to education, rehabilitation, social support, recovery, and social reintegration of child victims.