PALERMO PROTOCOL REVIEW 

STOP THE TRAFFIK...by pushing for international standards that work!

“I once fainted and the owner took me to the hospital. There the doctor asked me why I didn’t have any registration. I told him that my owner didn’t let me leave the territory I worked. He seemed to have understood the situation I got into… I felt safe at that moment. I thought I would stay there for a long time and I would be able to go home… I was there for three days. On the third day the doctor told me that the treatment was over and the costs were covered by a charity organisation. When I went out of the hospital, I saw my owner was waiting for me.” 

A man trafficked for labour exploitation in southeast Europe as reported in the US Department of State “Trafficking in Persons Report”, 2009. 

Situations like these are happening around the world everyday, even as you read this. Governments have a responsibility to take action to stop this from happening by working towards the eradication of human trafficking. They also need to be held accountable to make sure that they do take the action needed. 

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (also called the Palermo Protocol) is the key international treaty focusing on combating human trafficking. The Protocol provides a definition of human trafficking and also guides governments on what action they should be taking. The requirements in the Protocol include:  

·         putting in place laws making human trafficking illegal;

·        considering implementing measures to provide for the physical, psychological and social recovery of the victims of trafficking including housing, counselling, medical assistance, employment and educational opportunities;

·        providing safety for victims of trafficking;

·         providing a legal avenue for victims of trafficking to seek compensation; and

·         taking steps to prevent human trafficking from occurring.  

Currently governments are discussing if they should establish a review mechanism to assess their performance in implementing the Palermo Protocol. While the Palermo Protocol alone will not fully eradicate human trafficking, holding governments to account for implementing the requirements and identifying areas where they need to make greater efforts would be a valuable step forward.

For a review mechanism to be effective the following key elements are needed:

·         Allows input from UN agencies, civil society groups, and the survivors of trafficking themselves without needing permission from the government under review;

·         Includes country visits, where relevant state facilities are reviewed and stakeholders consulted

·         Is carried out by international independent experts; and does not have the government under reviewed as part of the review team (perhaps the inclusion of the word independent means we could lose the second half of this point);

·         Makes recommendations to improve implementation of the Protocol;

·         Allows the findings of the review to be made public;

·         Puts in place effective follow up mechanisms;

·        Is fully funded through the UN regular budget.    

The review mechanism should not rank countries. Rather it should be a tool to assist each government to achieve full and effective implementation of the Palermo Protocol in collaboration with the international community, including civil society. It should allow for a better exchange of good practices and help solve problems that have arisen in implementing the Protocol on the ground. 

The Australian Government has indicated its support for a review mechanism, but does not support a mechanism that would be “resource intensive”. It does support a mechanism that “would allow input from UN agencies and civil society groups, and would enable the findings to be released publicly where possible.” It is not clear if Australia supports such groups being able to provide input without permission from the government under review. Disappointingly, Australia believes that the review mechanism adopted should simply allow governments to assess their own performance, rather than an independent assessment. 

STOP THE TRAFFIK believes that this will restrict the effectiveness of the review. In turn this will restrict the effectiveness of Governments using the Protocol to combat human trafficking.  

Take action now!

Write polite and respectful e-mails or letters to: 

The Hon. Brendan O’Connor MP Minister for Home Affairs Parliament House Canberra, ACT, 2600E-mail: mha@ag.gov.au

Salutation: Dear Minister 

Points to make in your e-mail or letter:

·         Note that many countries that are parties to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime are yet to fully implement all its requirements, holding back global efforts to eradicate human trafficking.

·         Welcome the Australian Government’s support for the establishment of a review mechanism to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime.

·        However, express disappointment that the Australian Government currently supports a review mechanism that focuses on a minimal effort and would allow governments to assess their own performance.

·        Note that Argentina, Canada, Norway and Austria support a far more effective review mechanism.

·       Urge that Australia support a review mechanism that:

·         Allows input from UN agencies, civil society groups, and the survivors of trafficking themselves without needing permission from the government under review;

·         Includes country visits, where relevant state facilities are reviewed and stakeholders consulted

·         Is carried out by international independent experts; and does not have the government under reviewed as part of the review team (perhaps the inclusion of the word independent means we could lose the second half of this point);

·         Makes recommendations to improve implementation of the Protocol;

·         Allows the findings of the review to be made public;

·         Puts in place effective follow up mechanisms;

·        Is fully funded through the UN regular budget.