On the ratification of the Convention for the Suppression of Trafficking in Persons and of the Exploitation of Prostitution by Third Parties and the Final Protocol

Home / RLA / On the ratification of the Convention for the Suppression of Trafficking in Persons and of the Exploitation of Prostitution by Third Parties and the Final Protocol

The Law of the Republic of Kazakhstan dated December 14, 2005 No. 100

To ratify the Convention for the Suppression of Trafficking in Persons and the Exploitation of Prostitution by Third Parties and the Final Protocol, signed in New York on March 21, 1950, with the following reservation to the Convention: "The Republic of Kazakhstan will comply with the provisions of articles 1 and 18 of the Convention in the framework of the prevention and suppression of crimes and administrative offenses provided for by the legislation of the Republic of Kazakhstan".

President of the Republic of Kazakhstan

CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE EXPLOITATION OF THE PROSTITUTION OF OTHERS (New York, March 21, 1950) PREAMBLE

WHEREAS prostitution and its accompanying evil, such as trafficking in persons, which pursues the goals of prostitution, are incompatible with the dignity and value of the human person and threaten the well-being of the individual, family and society, BEARING IN MIND that the following international instruments are in force with regard to combating trafficking in women and children: 1. The International Treaty of May 18, 1904 for the Suppression of the White Slave Trade, as amended by the Protocol approved by the General Assembly of the United Nations on December 3, 1948; 2. The International Convention of May 4, 1910 for the Suppression of the Traffic in White Slaves, as amended by the Protocol mentioned above; 3. The International Convention of September 30, 1921 for the Suppression of Trafficking in Women and Children, as amended by the Protocol adopted by the General Assembly of the United Nations on October 20, 1947 4. International Convention of October 11, 1933 on combating Trafficking in adult women, as amended by the said Protocol, BEARING IN MIND that in 1937 the League of Nations drafted a convention that expanded the scope of the above-mentioned acts, BEARING IN MIND that new factors that have arisen since 1937 make it possible to conclude a convention combining the above-mentioned acts and including the main provisions of the 1937 draft Convention, as well as desirable amendments to it, Therefore, the Contracting Parties hereby agree to the following:

ARTICLE 1

The Parties to this Convention undertake to punish anyone who, in order to satisfy the lust of another person: 1. reduces, induces or seduces another person for prostitution, even with the consent of that person; 2. exploits the prostitution of another person, even with the consent of that person.

ARTICLE 2

The Parties to this Convention further undertake to punish anyone who: 1. maintains or manages a house of tolerance, or knowingly finances or participates in the financing of a house of tolerance; 2. rents or rents a building or other place, or part of it, knowing that they will be used for prostitution by third parties.

ARTICLE 3

Insofar as this is compatible with the requirements of domestic legislation, attempts to commit any of the offences provided for in articles 1 and 2, as well as acts preparatory to the commission of such offences, are also punishable.

ARTICLE 4

Since this is consistent with the requirements of domestic legislation, intentional participation in the acts provided for in articles 1 and 2 is also punishable. Since this is allowed by the requirements of domestic legislation, acts of complicity are considered as separate crimes if this is necessary to prevent impunity.

ARTICLE 5

In cases where injured persons have the right, on the basis of domestic law, to act as plaintiffs in cases concerning any crimes provided for in this Convention, foreigners enjoy this right on an equal basis with nationals of that State.

ARTICLE 6

Each Party to this Convention undertakes to take all necessary measures to repeal or annul any applicable law, regulation or administrative order by virtue of which persons engaged in or suspected of engaging in prostitution are either subject to special registration, must have a special document, or are subject to exceptional requirements aimed at monitoring or notification.

ARTICLE 7

Sentences previously imposed in other States for crimes provided for in this Convention shall be taken into account, insofar as this is permitted by domestic law, in order to: 1. establish the fact of recidivism; 2. deprive the offender of political and civil rights.

ARTICLE 8

The offences provided for in articles 1 and 2 of this Convention shall be considered as extraditable offences and shall be subject to any extradition treaty that has been or will be concluded between any parties to this Convention. Those parties to this Convention that do not make extradition conditional on the existence of treaties to that effect shall henceforth, in their mutual relations, recognize the offences provided for in articles 1 and 2 of this Convention as extraditable offences. Extradition is carried out in accordance with the law of the State to which the extradition request is addressed.

ARTICLE 9

In States where the principle of extradition of their nationals is not recognized by law, nationals who return to their State after committing in another State any of the crimes referred to in articles 1 and 2 of this Convention shall be prosecuted and punished by a court of their own State. This provision shall not apply if, in cases of this kind arising between the parties to this Convention, a request for the extradition of an alien cannot be satisfied.

ARTICLE 10

The provisions of article 9 shall not apply if the person accused of committing a crime has been tried in another State and, in the case of a conviction, has served his sentence or been released from punishment, or his sentence has been reduced in accordance with the laws of that State.

ARTICLE 11

Nothing in this Convention should be interpreted as determining the attitude of a party to it to the general question of the limits of criminal jurisdiction in accordance with the norms of international law.

ARTICLE 12

This Convention does not violate the principle that crimes provided for in the Convention are determined in each individual State, as well as the perpetrators are prosecuted and punished in accordance with the laws of that State.

ARTICLE 13

The Parties to this Convention undertake to execute, in accordance with their own laws and practices, judicial orders relating to the offences provided for in this Convention. The transfer of judicial orders is carried out: 1. through direct communication between the judicial authorities; or 2. through direct communication between the Ministers of Justice of the two States or through direct communication from other appropriate authorities of the State from which the order originates to the Minister of Justice of the State to which it is addressed; or 3. through the diplomatic or consular representatives of the State from which the assignment originates, the State to which it is addressed. The said representative sends the court order directly to the relevant judicial authorities or to the authorities designated by the Government of the State to which the order is addressed, and he receives from these authorities directly the documents that are the act of executing the court order. In the cases provided for in paragraphs 1 and 3, the court order is sent in copies to the highest authorities of the State to which it is addressed. Unless otherwise agreed, a court order is always drawn up in the language of the authorities from which it originates, provided that the State to which the order is addressed may require the provision of a translation into its own language, certified by the authorities from which the order originates. Each Party to this Convention shall notify each other Party to this Convention of the method or methods mentioned above that it considers acceptable when it is sent judicial orders by that other State. Until a State makes such a notification, its existing procedure for court orders remains in force. The execution of court orders may not serve as a basis for a claim for reimbursement of any costs or expenses, with the exception of examination costs. Nothing in this article should be interpreted as an obligation of the parties to this Convention to apply in criminal matters any form or any methods of evidence incompatible with their own laws.

ARTICLE 14

Each Party to this Convention shall establish and maintain a body charged with coordinating and centralizing the results of investigations of crimes provided for in this Convention. These authorities shall compile all information collected in order to facilitate the prevention and punishment of offences provided for in this Convention, and these authorities shall maintain close contact with similar authorities in other countries.

ARTICLE 15

To the extent that this is compatible with the requirements of domestic law and to the extent that it would be considered desirable by the authorities to which the authorities referred to in article 14 are subordinate, the latter shall provide the following information to the authorities to which similar authorities in other States are subordinate: 1. details of each of the offences provided for in this Convention and of each attempt to commit such an offence; 2. details of all cases of search, as well as criminal prosecution, arrest, conviction, denial of admission and expulsion of persons responsible for the crimes provided for in this Convention, as well as the change of residence of such persons and any other useful information concerning them. The information provided in this way includes a description of the criminals, their fingerprints, photographs, a message about the method of work, police certificates and criminal record certificates.

ARTICLE 16

The Parties to this Convention, through their governmental or private institutions in the field of education, health, social and economic services and other related services, undertake to take or promote all necessary measures to combat prostitution and to return and adapt victims of prostitution and crimes provided for in this Convention to normal social conditions.

ARTICLE 17

With regard to immigration and emigration, the parties to this Convention undertake to take and implement all measures required in accordance with the obligations they have assumed under this Convention to curb trafficking in persons of both sexes for the purpose of prostitution. In particular, they undertake to: 1. issue all necessary regulations for the protection of immigrants and emigrants and, in particular, women and children at their points of arrival and departure, as well as during their journey; 2. take measures to appropriately alert the public about the dangers of the aforementioned trade; 3. Take appropriate measures to ensure surveillance of railway stations, airports, ports and other public places, as well as en route, to prevent international trafficking in persons for the purpose of prostitution; 4. Take all necessary measures to notify the relevant authorities of arrival persons who, according to available prima facie information, are the main perpetrators, accomplices or victims of this trafficking.

ARTICLE 18

The Parties to this Convention undertake, in accordance with the conditions established by their own laws, to collect information on all foreigners engaged in prostitution in order to establish their identity and social status, as well as to identify the persons who caused them to leave their State. This information is provided by the authorities of the State of origin of the said persons for the purpose of their subsequent repatriation.

ARTICLE 19

The Parties to this Convention undertake, in accordance with the conditions established by their own laws, and without thereby canceling the persecution or other measures caused by violations of these laws, and as far as possible: 1. Pending the final repatriation of distressed persons who have become victims of international trafficking in persons for the purpose of prostitution, to take appropriate measures to provide them with temporary assistance and support; 2. To repatriate the persons referred to in article 18, if they so wish, or if there is a demand for their repatriation from the persons in whose possession they are, or if there is a legally based order for their expulsion from the country. Repatriation is carried out only after an agreement has been reached with the destination State on the identity and nationality of the repatriated person or on the place and date of his arrival at the border. Each Party to this Convention shall facilitate the passage of such a person through its territory. In cases where the persons referred to in the previous paragraph are unable to reimburse the costs of repatriation themselves and have neither a spouse, relatives, or guardian to pay for them, the costs of repatriation to the border, port of departure, or airport closest to their State of origin are paid by the State in which these persons reside, and the rest of the related costs are borne by their State of origin.

ARTICLE 20

The Parties to this Convention shall take the necessary measures to monitor employment offices, if they have not yet taken such measures, in order to protect job seekers, especially women and children, from the risk of their possible exploitation for prostitution.

ARTICLE 21

The Parties to this Convention shall inform the Secretary-General of the United Nations of the laws and regulations relating to the subject matter of this Convention issued in their States, and annually thereafter shall report on the laws and regulations to be issued in connection with the Convention, as well as on all measures taken regarding the application of this Convention. This information shall be published periodically by the Secretary-General and distributed by him to all Members of the United Nations, as well as to non-member States to which this Convention is officially communicated in accordance with article 23.

ARTICLE 22

If a dispute arises between the parties to this Convention regarding its interpretation or application and if this dispute cannot be resolved in any other way, at the request of either party to the dispute, the latter shall be referred to the International Court of Justice.

ARTICLE 23

This Convention is open for signature on behalf of any Member of the United Nations, as well as on behalf of any other State to which an invitation has been extended by the Economic and Social Council. This Convention is subject to ratification and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. The States mentioned in the first paragraph that have not signed this Convention may accede to it. Accession shall be effected by depositing an instrument of accession with the Secretary-General of the United Nations. In this Convention, the word "State" includes all colonies and trust territories of a State that has signed or acceded to this Convention, and all territories for which that State bears international responsibility.

ARTICLE 24

This Convention shall enter into force on the ninetieth day after the date of deposit of the second instrument of ratification or accession. In respect of each State ratifying or acceding to this Convention after the deposit of the second instrument of ratification or accession, this Convention shall enter into force ninety days after the deposit by that State of its instrument of ratification or accession.

ARTICLE 25

Upon the expiration of five years from the date of entry into force of this Convention, any Party to this Convention may denounce it by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect in respect of the declaring party one year after the date of receipt of its declaration by the Secretary-General of the United Nations.

ARTICLE 26

The Secretary-General of the United Nations shall notify all Members of the United Nations and non-member States referred to in article 23 of: (a) the instruments of signature, ratification and accession received in accordance with article 23; (b) the date of entry into force of this Convention in accordance with article 24; (c) denunciations applications for which have been received in accordance with article 25.

ARTICLE 27

Each Party to this Convention undertakes to take, in accordance with its Constitution, legislative or other measures necessary to ensure the application of this Convention.

ARTICLE 28

The provisions of this Convention, as far as the relations between the parties to it are concerned, repeal the provisions of the international instruments referred to in paragraphs 1, 2, 3 and 4 of the second paragraph of the preamble, and each of these acts is considered to be repealed after all the parties to them become parties to this Convention.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Convention, opened for signature at Lake Lakes, New York, March 21, one thousand nine hundred and fiftieth; one certified true copy of the Convention shall be circulated by the Secretary-General to all Member States of the United Nations and to all non-Member States to which The provisions of article 23 apply.

FINAL PROTOCOL

Nothing in this Convention should be considered as an obstacle to the fulfillment of the requirements of any laws that establish stricter conditions for the implementation of provisions to combat trafficking in persons and the exploitation of others for prostitution than the conditions provided for in this Convention. The provisions of articles 23-26 of this Convention are applicable to this Protocol.

 For Yemen:

For Yugoslavia:

For Finland:

For the United States of America:

For Uruguay:

For Venezuela:

For the Union of South Africa:

For the Union of Soviet Socialist Republics:

For the United Kingdom of Great Britain and Northern Ireland

For Tai:

For Turkey:

For the Ukrainian Soviet Socialist Republic:

For Saudi Arabia:

For Sweden:

For Syria:

For Peru:

For the Philippine Republic:

For Poland:

For Pakistan:

For Panama:

For Paraguay:

For New Zealand:

For Nicaragua:

For the Kingdom of Norway:

For the Grand Duchy of Luxembourg:

For Mexico:

For the Kingdom of the Netherlands:

For Israel:

For Lebanon:

For Liberia:

For India:

For Iran:

For Iraq:

For Haiti:

For Honduras:

For Iceland:

For France:

For Greece:

For Guatemala:

For Egypt:

For El Salvador:

For Ethiopia:

For Denmark:

For the Dominican Republic:

For Ecuador:

For Costa Rica:

For Cuba:

For Czechoslovakia:

For Chili:

For China:

For Colombia:

For the Burmese Union:

For the Belarusian Soviet Socialist Republic:

For Canada:

For the Kingdom of Belgium:

For Bolivia:

For Brazil:

For Afghanistan:

For Argentina:

For Australia:

I hereby certify that this text is a true copy from a certified copy of the Convention for the Suppression of Trafficking in Persons and the Exploitation of Prostitution by Third Parties and the Final Protocol of March 21, 1950.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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