Rehochipe
19-02-2004, 23:38
The proposal 'Ban Trafficking', submitted by The Free Land of North Koster and due to expire within a couple of days, raises an important issue and one worthy of being addressed by the UN. However, several things struck me as being problematic about it:
a) Although ostensibly only addressing trafficking for the purposes of sexual prostitution, the proposition's definition of 'exploitation' was sufficiently broad to cover slavery, an issue already covered by extant UN policy.
b) Only the trafficking of women was mentioned, with no specific acknowledgement of the closely related issue of the trafficking of underage children.
c) The proposal commits member-states only to legislation, which would be hollow without pledges of cooperative action.
d) The definition of 'trafficking in persons' made no distinction between domestic and international trafficking; it is not the UN's role to legislate against the former.
e) The resolution contained grammatical errors and was not phrased in the standard form of a UN resolution.
Here's the original proposal:
Description: It is becoming increasingly common that women are sold as sex slaves on the black market. Often the women, who come from less fortunate countries, are lured to more developed countries by people who promise them a better life there. Instead, upon the women's arrival to their new countries, these people deprive the them of their freedom and sell them as sex slaves. This is known as trafficking.
'Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the 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. Exploitation shall include, at a minimum, the 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.
I hereby urge the UN to take action. Decriminalize the women in prostitution but criminalize both the men who illegally buy women and children against their will, and anyone who promotes sexual exploitation, particularly pimps, procurers and traffickers.
Nevertheless, the issue deserves to be dealt with, so here's a first draft of a reworked version. I'm still somewhat shaky on how the definition of 'involvement' should be worded; any input?
The General Assembly,
Recognising that the illegal trafficking of women or children across international borders for the purposes of prostitution (hereafter referred to as 'sex trafficking') constitutes a growing human rights issue,
Acknowledging that it is usually the case that those trafficked act under compulsion and are moreover initially unaware of the nature of the trafficking,
Aware that such activity is commonly linked to, supports and is supported by other branches of organised crime,
Noting that sex trafficking networks operate internationally and are problematic to combat effectively at national level,
Convinced that this activity constitutes an issue of a fundamentally more serious nature than that of domestic prostitution,
Affirms that trafficked prostitutes are not criminals but victims of crime,
Declares that involvement at any level of the sex trafficking chain shall henceforth be considered an international crime subject to all conditions of trial and punishment in the country of the victim's origin, or at international level in the case of multiple nationalities,
Instates sex trafficking as an offence liable to stronger prosecution than other forms of trafficking and illegal immigration,
Pledges that its police, border control, security and intelligence forces shall cooperate fully, exchanging information and personnel where appropriate, over matters involving or suspected to involve human trafficking,
Recommends that such states as have legalised prostitution pass statutes and implement such procedures as are necessary to enforce them, restricting prostitution solely to those who have legitimate citizenship.
Further amendments? Rewordings? Definitions?
a) Although ostensibly only addressing trafficking for the purposes of sexual prostitution, the proposition's definition of 'exploitation' was sufficiently broad to cover slavery, an issue already covered by extant UN policy.
b) Only the trafficking of women was mentioned, with no specific acknowledgement of the closely related issue of the trafficking of underage children.
c) The proposal commits member-states only to legislation, which would be hollow without pledges of cooperative action.
d) The definition of 'trafficking in persons' made no distinction between domestic and international trafficking; it is not the UN's role to legislate against the former.
e) The resolution contained grammatical errors and was not phrased in the standard form of a UN resolution.
Here's the original proposal:
Description: It is becoming increasingly common that women are sold as sex slaves on the black market. Often the women, who come from less fortunate countries, are lured to more developed countries by people who promise them a better life there. Instead, upon the women's arrival to their new countries, these people deprive the them of their freedom and sell them as sex slaves. This is known as trafficking.
'Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the 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. Exploitation shall include, at a minimum, the 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.
I hereby urge the UN to take action. Decriminalize the women in prostitution but criminalize both the men who illegally buy women and children against their will, and anyone who promotes sexual exploitation, particularly pimps, procurers and traffickers.
Nevertheless, the issue deserves to be dealt with, so here's a first draft of a reworked version. I'm still somewhat shaky on how the definition of 'involvement' should be worded; any input?
The General Assembly,
Recognising that the illegal trafficking of women or children across international borders for the purposes of prostitution (hereafter referred to as 'sex trafficking') constitutes a growing human rights issue,
Acknowledging that it is usually the case that those trafficked act under compulsion and are moreover initially unaware of the nature of the trafficking,
Aware that such activity is commonly linked to, supports and is supported by other branches of organised crime,
Noting that sex trafficking networks operate internationally and are problematic to combat effectively at national level,
Convinced that this activity constitutes an issue of a fundamentally more serious nature than that of domestic prostitution,
Affirms that trafficked prostitutes are not criminals but victims of crime,
Declares that involvement at any level of the sex trafficking chain shall henceforth be considered an international crime subject to all conditions of trial and punishment in the country of the victim's origin, or at international level in the case of multiple nationalities,
Instates sex trafficking as an offence liable to stronger prosecution than other forms of trafficking and illegal immigration,
Pledges that its police, border control, security and intelligence forces shall cooperate fully, exchanging information and personnel where appropriate, over matters involving or suspected to involve human trafficking,
Recommends that such states as have legalised prostitution pass statutes and implement such procedures as are necessary to enforce them, restricting prostitution solely to those who have legitimate citizenship.
Further amendments? Rewordings? Definitions?