On the Ratification of the Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

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On the Ratification of the Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

Law of the Republic of Kazakhstan dated June 4, 2008 No. 37-IV

To ratify the Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted in New York on November 15, 2000.

President of the Republic of Kazakhstan N. Nazarbayev

PROTOCOL ON THE PREVENTION, SUPPRESSION AND PUNISHMENT OF TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME ORGANIZED CRIME

The preamble

The States Parties to this Protocol, declaring that effective measures to prevent and combat trafficking in persons, especially women and children, require a comprehensive international approach in countries of origin, transit and destination, including measures aimed at preventing such trafficking, punishing those involved and protecting victims of such trafficking, including including by protecting their internationally recognized human rights, taking into account the fact that, despite the existence of a number of international instruments, There is no universal document containing norms and practical measures to combat the exploitation of people, especially women and children, which addresses all aspects of trafficking in persons, Concerned that in the absence of such a document, persons who are vulnerable to trafficking in persons will not be adequately protected, referring to resolution 53/111 Of the General Assembly on December 9, 1998, In which the Assembly decided to establish an open-ended intergovernmental ad hoc committee to elaborate a comprehensive international convention against transnational organized crime and to discuss the elaboration, in particular, of an international instrument to combat trafficking in women and children, Convinced that the United Nations Convention against Transnational Organized Crime should be complemented by an international instrument to prevent and combat trafficking in persons, especially women and children, and the punishment for it will contribute to the prevention and combating of such crimes, agreed as follows:

I. General provisions

Article 1 Relationship with the United Nations Convention against Transnational Organized Crime

1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It is interpreted in conjunction with the Convention.

2. The provisions of the Convention shall apply mutatis mutandis to this Protocol, unless it provides otherwise.

3. The offences established in accordance with article 5 of this Protocol shall be considered as offences established in accordance with the Convention.

Article 2 Objectives

The objectives of this Protocol are to:

(a) Preventing and combating trafficking in persons, with special attention to women and children;

(b) To protect and assist victims of such trafficking, with full respect for their human rights; and

Article 3 Terms

For the purposes of this Protocol:

(a) "Trafficking in persons" means the recruitment, transportation, transfer, harboring or receipt of persons for the purpose of exploitation through the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or vulnerability, or through bribery, in the form of payments or benefits, in order to obtain the consent of the person controlling another face. Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or organ harvesting.;

(b) The consent of the victim of trafficking in human beings to the planned exploitation referred to in subparagraph (a) of this article shall not be taken into account if any of the means of influence referred to in subparagraph (a) have been used.;

(c) The recruitment, transportation, transfer, harboring or receiving of a child for the purpose of exploitation shall be considered "trafficking in persons" even if they do not involve the use of any of the means of influence specified in subparagraph (a) of this article.;

(d) "Child" means any person under the age of 18.

Article 4 Scope of application

This Protocol, unless otherwise specified, applies to the prevention, investigation and prosecution of crimes established in accordance with article 5 of this Protocol, if these crimes are transnational in nature and committed with the participation of an organized criminal group, as well as to the protection of victims of such crimes.

Article 5 Criminalization

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the acts referred to in article 3 of this Protocol, when committed intentionally.

2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts::

(a) Subject to compliance with the basic principles of its legal system, an attempt to commit an offence established in accordance with paragraph 1 of this article;

(b) Participation as an accomplice in the commission of an offence established in accordance with paragraph 1 of this article; and

(c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.

II. Protection of victims of human trafficking

Article 6 Assistance to victims of human trafficking and their protection

1. Where appropriate and to the extent possible under its domestic law, each State Party shall ensure the protection of the privacy and identity of victims of trafficking, including, inter alia, by ensuring the confidentiality of proceedings relating to such trafficking.

2. Each State Party shall ensure that its domestic legal or administrative system includes measures that make it possible, where appropriate, to provide victims of trafficking with:

(a) Information about the relevant judicial and administrative proceedings;

(b) Assistance that does not prejudice the rights of the defence, allowing their views and concerns to be expressed and considered at the appropriate stages of criminal proceedings against the perpetrators.

3. Each State Party shall consider implementing measures to ensure the physical, psychological and social rehabilitation of victims of trafficking in persons, including, where appropriate, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and in particular measures providing for the provision of:

a) adequate shelter;

(b) Advice and information, especially regarding their legal rights, in a language understandable to victims of trafficking;

(d) Employment, education and training opportunities.

4. In applying the provisions of this article, each State Party shall take into account the age, gender and special needs of victims of trafficking, in particular the special needs of children, including with regard to adequate shelter, education and care.

5. Each State Party shall strive to ensure the physical safety of victims of trafficking in persons while such victims are in its territory.

6. Each State Party shall ensure that its domestic legal system includes measures that provide victims of trafficking with the opportunity to receive compensation for the damage caused.

Article 7 Status of victims of trafficking in human beings in receiving States

1. In addition to taking measures in accordance with article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures to enable victims of trafficking to remain on its territory, as appropriate, on a temporary or permanent basis.

2. In implementing the provision contained in paragraph 1 of this article, each State Party shall give due consideration to humanitarian considerations and shall show compassion.

Article 8 Repatriation of victims of human trafficking

1. The State Party of which the victim of trafficking is a national or in which such a person had the right to reside permanently at the time of entry into the territory of the receiving State Party shall facilitate the return of that person and receive him without undue or unreasonable delay, with due regard to the safety of such person.

2. When a State Party returns a victim of trafficking in persons to the State Party of which that person is a national or in which he had the right to reside permanently at the time of entry into the territory of the receiving State Party, such return shall be carried out with due regard to the security of that person, as well as the nature of any proceedings related to that circumstance. that this person has become a victim of human trafficking, and such return is preferably voluntary.

3. At the request of the receiving State Party, the requested State Party shall, without undue or unreasonable delay, verify whether the person who has been a victim of trafficking in persons is its national or whether he had the right to reside permanently in its territory at the time of entry into the territory of the receiving State Party.

4. In order to facilitate the return of a victim of trafficking in persons who does not have proper documents, the State Party of which the person is a national or in which he had the right to reside permanently at the time of entry into the territory of the host State Party agrees to issue, at the request of the host State Party, such entry/exit documents or other permits, which may be required for the return of this person to his territory.

5. This article is without prejudice to any right granted to victims of trafficking by virtue of any provision of the domestic law of the receiving State Party.

6. This article is without prejudice to any applicable bilateral or multilateral agreement or arrangement that regulates, in whole or in part, the return of victims of trafficking in persons.

III. Prevention, cooperation and other measures

Article 9 Prevention of human trafficking

1. States Parties shall develop and adopt, on an integrated basis, policies, programmes and other measures in order to:

(a) Preventing and combating trafficking in persons; and

(b) Protecting victims of trafficking, especially women and children, from revictimization.

2. The Participating States shall endeavour to take measures such as conducting research, information campaigns, including in the media, as well as implementing socio-economic initiatives aimed at preventing and combating trafficking in persons.

3. Policies, programmes and other measures developed and adopted in accordance with this article, as appropriate, include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.

4. Participating States shall adopt or improve, including through bilateral or multilateral cooperation, measures aimed at mitigating the impact of factors contributing to the vulnerability of people, especially women and children, to trafficking in persons, such as poverty, underdevelopment and lack of equal opportunities.

5. States Parties shall adopt or improve legislative or other measures, for example in the field of education, culture or in the social field, including through bilateral and multilateral cooperation, aimed at countering the demand that generates exploitation of people, especially women and children, in all its forms, as this leads to trafficking in persons.

Article 10 Information exchange and staff training

1. The law enforcement, migration or other relevant authorities of the Participating States shall, where appropriate, cooperate among themselves by exchanging, in accordance with their domestic legislation, information enabling them to determine:

a) Are persons crossing or attempting to cross an international border without entry/exit documents or with such documents belonging to other persons traffickers or victims of such trafficking;

(b) The types of entry/exit documents that such persons have used or attempted to use to cross an international border for the purpose of trafficking in persons; and

(c) The means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between individuals and groups engaged in such trafficking, as well as links within such groups and possible measures to identify them.

2. The Participating States shall provide or improve training for law enforcement, migration and other relevant authorities on the prevention of trafficking in persons. This training should focus on methods of preventing such trafficking, prosecuting those involved in it, and protecting the rights of victims, including protecting victims from those involved in such trafficking. Training should also take into account the need to take into account human rights, children's issues and gender perspectives.; The training should facilitate cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.

3. The State Party that receives the information shall comply with any request from the State Party providing the information that imposes restrictions on its use.

Article 11 Border control measures

1. Without prejudice to international obligations regarding the free movement of persons, Participating States shall, to the extent possible, establish such border control measures as may be necessary to prevent and detect trafficking in persons.

2. Each State Party shall adopt legislative or other appropriate measures to prevent, as far as possible, the use of vehicles operated by commercial carriers in the commission of offences established in accordance with article 5 of this Protocol.

3. Where appropriate, and without prejudice to applicable international conventions, such measures include the obligation for commercial carriers, including any transport company or the owner or operator of any means of transport, to ensure that all passengers have the entry/exit documents required to enter the host State.

4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions for violations of the obligation set out in paragraph 3 of this article.

5. Each State Party shall consider taking measures that make it possible, in accordance with its domestic law, to deny entry to persons involved in the commission of offences established in accordance with this Protocol or to revoke their visas.

6. Without prejudice to article 27 of the Convention, the Participating States shall consider strengthening cooperation between border control authorities, including through the establishment and maintenance of direct communication channels.

Article 12 Reliability of documents and control over them

Each State Party shall take, to the extent possible, such measures as may be necessary to:

(a) Ensuring the quality of the entry/exit documents or identity cards issued by them, which would make it as difficult as possible for their misuse and forgery or illegal modification, reproduction or issuance; and

(b) To ensure the security and reliability of entry/exit documents or identity documents issued by or on behalf of that State Party, as well as to prevent their illicit manufacture, issuance and use.

Article 13 Legality and validity of documents

A State Party shall, at the request of another State Party, in accordance with its domestic law, verify, within a reasonable period of time, the legality and validity of entry/exit documents or identity cards issued or allegedly issued on its behalf that are suspected of being used for human trafficking.

IV. Final provisions

Article 14 Exclusion clause

1. Nothing in this Protocol affects the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian and human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non-refoulement set out therein..

2. The measures provided for in this Protocol shall be interpreted and applied in such a way that it does not discriminate against persons on the grounds that they have become victims of trafficking. The interpretation and application of these measures are carried out in accordance with internationally recognized principles of non-discrimination.

Article 15 Dispute settlement

1. The Participating States shall seek to settle disputes concerning the interpretation or application of this Protocol through negotiations.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable period of time shall, at the request of one of these States Parties, be submitted to arbitration. If, within six months from the date of the request for arbitration, these Participating States are unable to agree on its organization, any of these Participating States may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance or approval of this Protocol, or upon accession thereto, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties are not bound by paragraph 2 of this article in respect of any State Party that has made such a reservation.

4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.

Article 16 Signature, ratification, acceptance, approval and accession

1. This Protocol shall be open for signature by all States from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.

2. This Protocol shall also be open for signature by regional economic integration organizations, provided that at least one of the member States of such organization has signed this Protocol in accordance with paragraph 1 of this article.

3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done the same. In this instrument of ratification, acceptance or approval, such organization shall declare the scope of its competence with respect to matters governed by this Protocol. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.

4. This Protocol is open for accession by any State or any regional economic integration organization, at least one of whose member States is a Party to this Protocol. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Upon accession, a regional economic integration organization shall declare the scope of its competence with respect to matters governed by this Protocol. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.

Article 17 Entry into force

1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, but it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any such instrument deposited by a regional economic integration organization shall not be considered as additional to the instruments deposited by the member States of such organization.

2. For each State or regional economic integration organization that ratifies, accepts, approves, or accedes to this Protocol after the deposit of the fortieth instrument of ratification or instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or instrument or on the date of entry into force. This Protocol shall enter into force in accordance with paragraph 1 of this article, whichever is later.

Article 18 Amendments

1. Five years after the entry into force of this Protocol, a State Party to this Protocol may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall then transmit the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol participating in the Conference of the Parties shall make every effort to reach consensus on each amendment. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.

2. In matters within their competence, regional economic integration organizations shall exercise their right to vote in accordance with this article, having a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations do not exercise their right to vote if their member States exercise their right to vote, and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by the Participating States.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of its deposit with the Secretary-General of the United Nations of its instrument of ratification, acceptance or approval of such amendment.

5. When an amendment enters into force, it becomes binding on those States Parties that have expressed their consent to be bound by it. The other States Parties shall continue to be bound by the provisions of this Protocol and any amendments previously ratified, accepted or approved by them.

Article 19 Denunciation

1. A State Party may denounce this Protocol by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. A regional economic integration organization shall cease to be a Party to this Protocol when all its member States have denounced this Protocol.

Article 20 Depositary and languages

1. The Secretary-General of the United Nations is appointed as the Depositary of this Protocol.

2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.

The RCPI's note. The text of the Protocol is attached in Arabic, Chinese, English, French, and Spanish.

I hereby certify that this text is a true copy of the certified copy of the Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, dated November 15, 2000.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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