First Schedule
Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations COnvention against Transnational Organized Crime
Preamble
The States Parties to this Protocol,Declaring that effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognized human rights,Taking into account the fact that, despite the existence of a variety of international instruments containing rules and practical measures to combat the exploitation of persons, especially women and children, there is no universal instrument that addresses all aspects of trafficking in persons,Concerned that, in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected,Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing trafficking in women and children,Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime,Have agreed as follows:1 – General provisions
Article 1 – Relation with the United Nations Convention against Transnational Organized Crime
1.This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention.2.The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.3.The offences established in accordance with article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.Article 2 – Statement of purpose
The purposes of this Protocol are:(a)to prevent and combat trafficking in persons, paying particular attention to women and children;(b)to protect and assist the victims of such trafficking, with full respect for their human rights; and(c)to promote cooperation among States Parties in order to meet those objectives.Article 3 – Use of terms
For the purposes of this Protocol:(a)“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;(b)the consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;(c)the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;(d)“child” shall mean any person under eighteen years of age.Article 4 – Scope of application
This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 5 of this Protocol, where those offences are transnational in nature and involve an organized criminal group, as well as to the protection of victims of such offences.Article 5 – Criminalization
1.Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth 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:(a)subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article; and(b)participating as an accomplice in 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 trafficking in persons
Article 6 – Assistance to and protection of victims of trafficking in persons
1.In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential.2.Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases:(a)information on relevant court and administrative proceedings;(b)assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.3.Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of:(a)appropriate housing; and(b)counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; and(c)medical, psychological and material assistance; and(d)employment, educational and training opportunities.4.Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care.5.Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory.6.Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.Article 7 – Status of victims of trafficking in persons in receiving States
1.In addition to taking measures pursuant to article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.2.In implementing the provision contained in paragraph 1 of this article, each State Party shall give appropriate consideration to humanitarian and compassionate factors.Article 8 – Repatriation of victims of trafficking in persons
1.The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay.2.When a State Party returns a victim of trafficking in persons to a State Party of which that person is a national or in which he or she had, at the time of entry into the territory of the receiving State Party, the right of permanent residence, such return shall be with due regard for the safety of that person and for the status of any legal proceedings related to the fact that the person is a victim of trafficking and shall preferably be voluntary.3.At the request of a receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who is a victim of trafficking in persons is its national or had the right of permanent residence 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 is without proper documentation, the State Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving State Party shall agree to issue, at the request of the receiving State Party, such travel documents or other authorization as may be necessary to enable the person to travel to and re-enter its territory.5.This article shall be without prejudice to any right afforded to victims of trafficking in persons by any domestic law of the receiving State Party.6.This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons.III – Prevention, cooperation and other measures
Article 9 – Prevention of trafficking in persons
1.States Parties shall establish comprehensive policies, programmes and other measures:(a)to prevent and combat trafficking in persons; and(b)to protect victims of trafficking in persons, especially women and children, from revictimization.2.States Parties shall endeavour to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons.3.Policies, programmes and other measures established in accordance with this article shall, as appropriate, include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.4.States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.5.States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.Article 10 – Information exchange and training
1.Law enforcement, immigration or other relevant authorities of States Parties shall, as appropriate, cooperate with one another by exchanging information, in accordance with their domestic law, to enable them to determine:(a)whether individuals crossing or attempting to cross an international border with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons; and(b)the types of travel document that individuals 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 and among individuals and groups engaged in such trafficking, and possible measures for detecting them.2.States Parties shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.3.A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.Article 11 – Border measures
1.Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons.2.Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used 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 shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.4.Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.5.Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.6.Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.Article 12 – Security and control of documents
Each State Party shall take such measures as may be necessary, within available means:(a)to ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and(b)to ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.Article 13 – Legitimacy and validity of documents
At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons.IV – Final provisions
Article 14 – Saving clause
1.Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international 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 as contained therein.2.The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognized principles of non-discrimination.Article 15 – Settlement of disputes
1.States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.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 time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.3.Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to 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 to the Secretary-General of the United Nations.Article 16 – Signature, ratification, acceptance, approval and accession
1.This Protocol shall be open to all States for signature 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 member State 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 likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.4.This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent 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, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.2.For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth 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 on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.Article 18 – Amendment
1.After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate 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 meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption 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.Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.3.An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.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 the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.5.When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.Article 19 – Denunciation
1.A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective 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 of its member States have denounced it.Second Schedule
Provisions applicable to the Committee
1. Terms and conditions of office of members
(1)A member shall hold office for a period not exceeding five years or for such period as the Ministry may fix at the time of his or her appointment.(2)On the expiry of the period for which a member has been appointed the member shall continue to hold office until he or she has been reappointed or the member’s successor has been appointed:Provided that a member shall not continue to hold office in terms of this subsection for more than six months.(3)A retiring member shall be eligible for reappointment as a member.(4)Members shall hold office on such terms and conditions as the Ministry may fix.2. Disqualifications for appointment as member
(1)Subject to this Act, a person shall not be qualified for appointment as a member if-(a)he or she is not a citizen of Zimbabwe or ordinarily resident in Zimbabwe; or(b)he or she has, in terms of a law in force in any country—(i)been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated; or(ii)made an assignment or composition with his or her creditors which has not been rescinded or set aside; or(c)he or she has been convicted in Zimbabwe or in any other country—(i)of any offence involving dishonesty; or(ii)of any other offence, in the period of five years before his or her appointment,for which a term of imprisonment without the option of a fine has been imposed, whether or not any portion of that sentence has been suspended.(2)A person shall not be qualified for appointment as a member, nor shall the person hold office as an appointed member, if—(a)he or she is a member of two or more other statutory bodies; or(b)he or she is a member of Parliament.(3)For the purposes of paragraph (a) of subsection (2)—(a)a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body;(b)“statutory body” means—(i)any commission established by the Constitution; or(ii)any body corporate established directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice President, a Minister or any other statutory body or by a Commission established by the Constitution.3. Vacation of office by appointed members
(1)Where a member of the Committee vacates his or her office, the member’s office shall become vacant—(a)one month after the date he or she gives notice in writing to the Minister, of his or her intention to resign his or her office or after the date he or she gives notice in writing to the Minister, of his intention to resign his or her office or after the expiry of such other period of notice as the member and the Minister and the Minister may agree; or(b)on the date he or she begins to serve a sentence of imprisonment, whether or not any portion has been suspended, imposed without the option of a fine—(i)in Zimbabwe, in respect of an offence; or(ii)outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence; or(c)f he or she becomes disqualified in terms of subparagraph (1) or (2) of paragraph 2 to hold office as a member; or(d)if he or she is required in terms of subparagraph (2) or (3) to vacate his or her office as a member.(2)The Minister may require a member of the Committee to vacate his or her office if the member—(a)has been guilty of conduct which renders him or her unsuitable to continue to hold office as a member; or(b)has failed to comply with any condition of his or her office fixed in terms of paragraph 1; or(c)is mentally or physically incapable of efficiently executing his or her functions as a member; or(d)the member has ceased to possess any qualification by reason of which he or she was appointed; or(e)the member contravenes paragraph 9; or(f)the member, or his or her spouse engages in any occupation, service or employment, or holds any asset, which in the Minister’s opinion is inconsistent with the duties of a member.(3)The Minister, on the recommendation of the Committee, may require a member of the Committee to vacate his or her office if the Minister is satisfied that the member has been absent without the consent of the chairperson of the Committee from two consecutive meetings, of which the member has been given at least seven days notice, and that there was no just cause for the member’s absence.4. Filling of vacancies on Committees
(1)Subject to this Part, within three months after an appointed member’s death or his or her vacation of office in terms of paragraph 3, the Minister shall appoint a person to fill the vacancy.(2)Within one month after dismissing all the appointed members in terms of paragraph 4, the Minister shall, subject to this Part, appoint persons to fill the vacancies.5. Meetings and procedure of Committee
(1)Subject to this Act, the Committee shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedures as it thinks fit.(2)The chairperson may himself or herself at any time and shall, at the request in writing of not fewer than two members, convene a special meeting of the Committee which meeting shall be convened for a date not sooner than seven days or later than thirty days after receipt of such request.(3)The chairperson or, in his or her absence, the vice-chairperson, shall preside at meetings for the Committee.(4)A majority of members shall form a quorum at any meeting of the Committee.(5)All acts, matters or things authorised or required to be done by the Committee may be decided by a majority vote at a meeting of the Committee at which a quorum is present.(6)Subject to paragraph 9, at all meetings of the Committee each member present shall have one vote on each question before the Committee.Provided that—(a)In the event of an equality of votes, the chairperson or person presiding shall have a casting vote in addition to his or her deliberative vote;(b)No member shall take part in the consideration of, or vote on, any question before the Committee which relates to his or her relevant vacation of office as a member.(7)Any proposal circulated among all members of the Committee and agreed to by a majority of them shall have the same effect as a resolution passed at a duly constituted meeting of the Committee and shall be incorporated in the minutes of the next succeeding meeting of the Committee.Provide that, if a member requires that any such proposal be placed before the Committee, this subsection shall not apply to the proposal.(8)With approval of the Minister, the Committee may co-opt any person to the Committee, but a co-opted person shall have no vote in any decision by the Committee.6. Remuneration and allowances of members of the Committee
(1)Members of the Committee shall be paid—(a)such remuneration, if any; and(b)such allowances to meet reasonable expenses incurred by them in connection with the business of committee, as the Minister may fix.(2)Remuneration payable to a member of the Committee shall not be reduced during his or her tenure of office.7. Minutes of proceedings of the Committee
(1)The Committee shall cause minutes of all proceedings of and decisions taken at every meeting of the Board and of every committee to be entered in books kept for the purpose.(2)Any minutes referred to in subparagraph (1) which purport to be signed by the person presiding at the meeting to which the minutes relate or by the person presiding at the next following meeting of the Committee or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings and decisions taken at the meeting concerned.8. Validity of decisions and acts of the Committee
No decision or act of the Committee or act that is authorised by the Committee shall be invalid solely because there was a vacancy in the membership of the Committee or because a disqualified person purported to act as a member of the Committee, as the case may be, at the time the decision was taken or the act was done or authorised.