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Decree No. 2004-447 Of 19 May 2004 On The Publication Of The Additional Protocol To The Convention Of The United Nations Against The Transnational Organized Crime To Prevent, Suppress And Punish Trafficking In Persons, In Particular F...

Original Language Title: Décret n° 2004-447 du 19 mai 2004 portant publication du protocole additionnel à la convention des Nations unies contre la criminalité transnationale organisée visant à prévenir, réprimer et punir la traite des personnes, en particulier des f...

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Summary

Application of Act 2002-1041 and Art. 52 to 55 of the Constitution. Entry into force: 25-12-2003.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT, A CCORD MULTILATERAL , RATIFICATION, ADDITIONAL PROTOCOL, UNITED NATIONS CONVENTION, TRANSNATIONAL CRIMINALITE, CONVENTION OF PALERMO, PREVENTION, REPRESSION, PUNISHMENT, TRAFFICKING IN PERSONS, WOMEN , CHILD



JORF No. 122 of May 27, 2004 page 9349
text no. 25



Order No. 2004-447 of 19 May 2004 on the publication of the Additional Protocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Adopted in New York on November 15, 2000 and signed by France on December 12, 2000 (1)

NOR: MAEJ0430038D ELI: Https://www.legifrance.gouv.fr/eli/decret/2004/5/19/MAEJ0430038D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/5/19/2004-447/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2002-1041 of 6 August 2002 authorizing the Ratification of the Additional Protocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;
In the light of Decree No. 53-192 of the 14 March 1953 amended concerning the ratification and publication of international commitments entered into by France;
Having regard to Decree No. 2003-875 of 8 September 2003 on the publication of the United Nations Convention against Crime Transnational organized, adopted in New York on 15 November 2000 and signed by France on 12 December 2000,
Décrète:

Article 1


The Additional Protocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, adopted in New York on 15 November 2000 and signed by France on 12 December 2000, will be published in the Official Journal of the French Republic.

Article 2


The The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


P R O T O C O L E A D D I T I O N N E L


TO THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL CRIME ORGANIZED IN PREVENT, REMOVE AND PUNIOR THE TREATY OF PERSONS, IN PARTICULAR WOMEN AND CHILDREN


Preamble


States Parties to this Protocol,
Declaring that effective action to prevent And combating trafficking in persons, in particular women and children, requires countries of origin, transit and destination to take a comprehensive and international approach, including measures to prevent such trafficking, to punish Traffickers and to protect the victims of trafficking, in particular by enforcing their internationally recognised fundamental rights,
Taking into account the fact that, despite the existence of various international instruments which contain Rules and practical measures to combat the exploitation of persons, in particular women and children, there is no universal instrument that covers all aspects of trafficking in persons,
Concerned about That, in the absence of such an instrument, those vulnerable to such trafficking will not be adequately protected,
Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish a committee Ad Hoc Open-ended Intergovernmental Committee on the Development of a General International Convention against Transnational Organized Crime and to consider whether, inter alia, an international instrument for combating transnational crime should be developed Against Trafficking in Women and Children,
Convinced that the United Nations Convention against Transnational Organized Crime is an international instrument to prevent, suppress and punish trafficking in persons, In particular, women and children, will help prevent and combat this type of crime,
have agreed as follows:


I. -General provisions
Article 1
Relationship to the United Nations
against Transnational Organized Crime


1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted in conjunction with the Convention.
2. The provisions of the Convention shall apply mutatis mutandis to this Protocol, unless otherwise provided for in the said
. The offences established in accordance with Article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.


Article 2
Subject


This Protocol shall have as its Purpose:
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 in full respect of their human rights; And
(c) To promote cooperation between the States Parties with a view to achieving those objectives.


Article 3
Terminology


For the purposes of this Protocol:
a) The expression " Trafficking in persons " Means the recruitment, transport, transfer, accommodation or reception of persons, by the threat of recourse or the use of force or other forms of coercion, by abduction, fraud, deception, abuse of authority or a situation of Vulnerability, or through the provision or acceptance of payments or benefits to obtain the consent of a person who has authority over another 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 proposed operation, as set out in paragraph (a) of this section, is immaterial when any of the means set out in paragraph (a) has been used;
(c) Recruitment, transport, transfer, accommodation or reception of a child for the purpose of exploitation shall be considered as " Trafficking in persons " Even if they do not use any of the means set out in paragraph a of this Article;
(d) The term " Child " Means any person under 18 years of age.


Article 4
Scope


This Protocol shall apply, unless otherwise provided, to prevention, investigation and prosecution Concerning offences established in accordance with Article 5, where such offences are transnational in nature and an organised criminal group is involved, as well as the protection of the 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 acts set out in article 3 of this Protocol, when committed intentionally.
2. Each State Party shall adopt Also the legislative and other measures necessary to establish a criminal offence:
(a) Subject to the fundamental concepts of its legal system, an attempt to commit an offence established in accordance with the Paragraph 1 of this article;
(b) The surrender of an offence established in accordance with paragraph 1 of this article; and
(c) Organizing the commission of an offence established in accordance with paragraph 1 of the Or give instructions to others to commit it.


II. -Protection of
victims of trafficking in persons
Article 6
Support and protection
to victims of human trafficking


1. Where appropriate, and to the extent permitted by its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, inter alia by making judicial proceedings relating to trafficking in persons
State Party shall ensure that its legal or administrative system provides for measures to provide victims of trafficking in persons, where appropriate:
(a) Information on judicial proceedings and Administration;
(b) Assistance to ensure that their views and concerns are presented and taken into account in the appropriate stages of criminal proceedings against offenders in a manner that does not The rights of the defence.
3. Each State Party shall consider implementing measures to ensure the physical, psychological and social recovery of the victims of trafficking in persons, including, where appropriate, in cooperation with non-governmental organizations Governments, other relevant organizations and other elements of civil society and, in particular, to provide them with:
a) Adequate housing;
b) Advice and information, including rights Recognizes, in a language they may understand;
c) Medical, psychological and material assistance; and
d) Employment, education and training opportunities.
4. Each State Party shall take into account, when applying the provisions of this Article, the age, sex and specific needs of victims of trafficking in persons, in particular the specific needs of children, including housing, Education and appropriate care.
5. Each State Party shall endeavour to ensure the physical security of the victims of trafficking in persons while on its
. Each State Party shall ensure that its legal system provides for measures which provide victims of trafficking in persons with the opportunity to obtain reparation for the damage suffered.


Article 7
Status of victims of the Processes
people in host states


1. In addition to taking measures in accordance with Article 6 of this Protocol, each State Party shall consider adopting legislative measures or other appropriate measures that enable victims of trafficking in persons to remain on its Temporary or permanent territory, where applicable.
2. When applying the provision of paragraph 1 of this article, each State Party shall take due account of humanitarian and personal 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 it has the right to reside permanently at the time of entry into the territory of the receiving State Party shall facilitate and accept, taking due account of the The security of that person, the return of the person without undue or unreasonable delay.
2. Where a State Party refers a victim of trafficking in persons in a State Party of which that person is a national or in which the person has the right to reside permanently at the time of entry into the territory of the State Party This return is provided with due regard to the security of the person, as well as the state of any legal proceedings related to the fact that it is a victim of trafficking, and it is preferably voluntary.
3. At the request of a receiving State Party, a requested State Party shall verify, without undue or unreasonable delay, whether a victim of trafficking in persons is his national or has the right to permanent residence on his territory at the time Its entry into the territory of the receiving State Party.
4. In order to facilitate the return of a victim of trafficking in persons who do not have the required documents, the State Party of which that person is a national or in which the person has the right to reside permanently at the time of entry into The territory of the receiving State Party agrees to issue, at the request of the receiving State Party, the travel documents or other authorization necessary to enable the person to surrender and be readmitted to his territory.
5. This Article shall be without prejudice to any right granted to victims of trafficking in persons by any law of the receiving State
. This Article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement governing, 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 policies, programmes and other comprehensive measures for:
a) Preventing and combating trafficking in persons; and
b) Protecting the victims of trafficking in persons, in particular women and children,
States Parties shall endeavour to take measures such as research, information campaigns and campaigns in the media, as well as social and economic initiatives, in order to prevent and Combat trafficking in persons.
3. Policies, programmes and other measures established in accordance with this Article shall include, as appropriate, cooperation with non-governmental organizations, other relevant organizations and other elements of society
4. States Parties shall take or reinforce measures, including through bilateral or multilateral cooperation, to address the factors that make people, particularly women and children, vulnerable to trafficking, such as Poverty, underdevelopment and inequality of 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 demand that promotes all Forms of exploitation of persons, in particular women and children, leading to trafficking.


Article 10
Exchange of information and training


1. The detection, enforcement, immigration or other competent services of the States Parties shall cooperate with each other, as appropriate, by exchanging, in accordance with the domestic law of those States, information enabling them to Determining:
(a) If persons crossing or attempting to cross international borders with travel documents belonging to other persons or without travel documents are authors or victims of trafficking in persons;
(b) Types of travel documents that people have used or attempted to use to cross an international border for the purposes of trafficking in persons; and
c) The means and methods used by organized crime groups Trafficking in persons, including the recruitment and transport of victims, routes and links between persons and groups engaged in trafficking, as well as measures to discover them.
2. States Parties Provide or strengthen the training of law enforcement, law enforcement, immigration and other relevant services in the prevention of trafficking in persons. This training should focus on the methods used to prevent such trafficking, bring traffickers to justice and enforce the rights of victims, including the protection of victims of traffickers. It should also take into account the need to take account of human rights and the specific problems of women and children, and promote cooperation with non-governmental organizations, others Relevant organizations and other elements of civil society.
3. A State Party which receives information shall comply with any request by the State Party submitting their use to restrictions.


Article 11
Border Measures


1. Without prejudice to international commitments on the free movement of persons, States Parties shall, to the extent possible, strengthen border controls necessary to prevent and detect trafficking in
. Each State Party shall adopt such legislative or other measures as may be appropriate to prevent, as far as possible, the use of means of transport operated by commercial carriers for the commission of offences established in accordance with In Article 5 of this
. Where applicable, and without prejudice to applicable international conventions, such measures shall include, inter alia, providing for the obligation of commercial carriers, including any transport company or owner or operator of a Any means of transport, to verify that all passengers are in possession of the travel documents required for entry into the receiving
. Each State Party shall take the necessary measures, in accordance with its domestic law, to impose sanctions on the obligation set out in paragraph 3 of this
. Each State Party shall consider taking measures which permit, in accordance with its domestic law, to refuse entry of persons involved in the commission of offences established in accordance with this Protocol or to cancel their
. Without prejudice to article 27 of the Convention, States Parties shall consider enhancing cooperation between their border control services, including through the establishment and maintenance of direct channels of communication.


Article 12
Security and Document Control


Each State Party shall take the necessary measures, in accordance with the available means:
(a) To ensure that travel or identity documents Issues are of such quality that they cannot be easily used and falsified or altered, reproduced or unlawfully issued; and
(b) To ensure the integrity and security of travel documents or Identity issued by him or her name and to prevent them from being unlawfully created, issued and used.


Article 13
Legitimacy and validity of documents


At the request of another State Party, a State Party shall verify, in accordance with its domestic law and within a reasonable period of time, the legitimacy and validity of travel or identity documents issued or purported to have been issued on its behalf and suspected of being used For human trafficking.


IV. -Final provisions
Article 14
Backup 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 law relating to 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. Protocol shall be interpreted and applied in such a way that persons are not discriminated against on the grounds that they are victims of trafficking. The interpretation and application of these measures is consistent with internationally accepted principles of non-discrimination.


Article 15
Dispute Settlement


1. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol by negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of the Protocol which cannot be settled by negotiation within a reasonable period of time shall, at the request of one of those States Parties, be submitted to arbitration. If, within six months of the date of the request for arbitration, the States Parties cannot agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice in 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 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 issued such a
. Any State Party that has issued a reservation under paragraph 3 of this article may withdraw it at any time by sending a notification to the Secretary-General of the United Nations.


Article 16
Signature, ratification, acceptance, approval and membership


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. Also open for signature by regional economic integration organizations provided that at least one member State of such an organization has signed this Protocol in accordance with paragraph 1 of this
. This Protocol shall be 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 instruments of ratification, acceptance or approval if at least one of its member states has done so. In this instrument of ratification, acceptance or approval, this Organization shall declare the extent of its competence in matters governed by this Protocol. It shall also inform the depositary of any relevant changes in the scope of its
. This Protocol shall be open for accession by any State or 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 accession, a regional economic integration organization shall declare the extent of its competence in matters governed by this Protocol. It shall also inform the depositary of any relevant changes 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, on the understanding that it will not enter into force before the Convention Does not enter into force. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered an instrument in addition to the instruments already deposited by the member States of that organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth relevant instrument, this Protocol shall enter into force on the thirtieth day Following the date of deposit of the relevant instrument by that State or organization or on the date on which it enters into force pursuant to paragraph 1 of this Article, whichever is later.


Article 18
Amendment


1. Upon expiry of a period 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. The latter shall then communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the consideration of the proposal and the adoption of a decision. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to reach a consensus on any amendment. If all efforts to that effect have been exhausted without agreement, it will be necessary, as a last resort, for the amendment to be adopted, a vote by a two-thirds majority of the States Parties to this Protocol present at the Conference of Parties and voicing their vote.
2. Regional economic integration organizations shall have, in order to exercise, under this Article, their right to vote in matters falling within their competence, with a number of votes equal to the number of Their member States Parties to this Protocol. They do not exercise their right to vote if their member states exercise theirs, and vice
. An amendment adopted in accordance with paragraph 1 of this article shall be subject to ratification, acceptance or approval by the States
. An amendment adopted in accordance with paragraph 1 of this article shall enter into force for a State Party ninety days after the date of deposit by that State Party with the Secretary-General of the United Nations of a Instrument of ratification, acceptance or approval of the said
. An amendment which has entered into force is binding on the States Parties which have expressed their consent to be bound by it. The other States Parties shall remain 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 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


Article 20
Depositary and Languages


1. The Secretary-General of the United Nations is the depositary of this Protocol.
2. The original of this Protocol, of which the Arabic, Chinese, English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In witness whereof, the undersigned plenipotentiaries, Authorized by their respective governments, have signed this Protocol.


Done at Paris, May 19, 2004.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

The Minister for Foreign Affairs,

Michel Barnier


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