MEDICINA DEPORTIVA EN EL CENTRO DE ALTO RENDIMIENTO

Background

Given the often transnational nature of the problem of human trafficking, it is unlikely that any real success will ever be achieved at the national level without some international collaboration. This is why regional action plans have been pre- pared in many regions of the world. Many of the existing regional action plans include provisions on prevention, protection and prosecution of trafficking in per- sons as well as repatriation and reintegration of trafficking victims. Some regional action plans further promote information sharing, provision of education and voca- tional training and launching of public awareness-raising campaigns. This tool refers to some promising examples of regional action plans and strategies to combat human trafficking.

chapter 2 Problem assessment and strategy development

Assessment of the legal system in Viet Nam

In Viet Nam, the Department of Criminal and Administrative Law of the Ministry of Justice, in collaboration with UNODC and the United Nations Children’s Fund (UNICEF), conducted an assessment of the existing legal system in comparison with the requirements of the Trafficking in Persons Protocol and the Organized Crime Convention. The assessment report provides an example of the kind of questions that need to be examined in the context of such an exercise. A copy of the report can be obtained at:

http://www.unodc.org/pdf/crime/human_trafficking/legal_system_vietnam_2004- 05.pdf

Assessment of specific aspects of the existing legal framework

At another stage of strategic planning, given local knowledge of typical patterns of trafficking, it may be necessary to assess more specifically the provisions of spe- cific aspects of immigration, labour or criminal law that are being exploited or abused by traffickers. An example of one such legal assessment is the critical analy- sis of the legal framework governing immigrant live-in caregivers and mail-order brides conducted in Canada. The legal framework regulating the hiring of immi- grant live-in caregivers is examined and issues are identified in relation to immi- gration law, social legislation and labour law, human rights and contract law. The analysis also examines the mail-order bride trade. As no Canadian law deals specif- ically with the mail-order bride industry, the analysis covers many legal areas indi- rectly governing this phenomenon: contract law, immigration law, the laws on marriage and divorce, private international law and criminal law. The analysis can be consulted at:

http://www.swc-cfc.gc.ca/pubs/pubspr/066231252X/200010_066231252X_8_e.html

Asian Regional Initiative against Trafficking in Women and Children: Action plan to combat trafficking in women and children

At the Asian Regional Initiative against Trafficking in Women and Children con- ference in Manila in 2000, more than 20 States and several international organi- zations and non-governmental organizations developed an action plan to combat trafficking in women and children. The plan contains four strategic areas for action in prevention, protection, prosecution and reintegration aspects of trafficking. The website http://www.humantrafficking.org is one of the first visible results of this action plan and helps the participants exchange information and learn from each other’s experience. The action plan can be obtained at:

http://www.humantrafficking.org/about/ariat.html#action_plan

Association of Southeast Asian Nations:

Declaration against Trafficking in Persons Particularly Women and Children

The Declaration can be obtained at: http://www.aseansec.org/16793.htm

At the tenth Summit of the Association of Southeast Asian Nations (ASEAN), held in November 2004, the Heads of State of ASEAN signed a Declaration to com- bat trafficking in persons in the ASEAN region. The Declaration reiterates ASEAN States’ determination to protect and assist trafficked women through, inter alia, col- lecting and publishing data on the development of national efforts to combat traf- ficking and establishing national focal points on trafficking. The States declared, to the extent permitted by their respective domestic laws and policies, to undertake concerted efforts to effectively address trafficking in persons, particularly women and children, through the following measures:

• Establishment of a regional focal network to prevent and combat trafficking in persons

• Adoption of measures to protect official travel documents and identity papers from fraud

• Sharing of information, strengthening border controls and monitoring mecha- nisms and the enactment of necessary legislation

• Intensification of cooperation among law enforcement authorities

• Treating victims of trafficking humanely and ensuring essential assistance and prompt repatriation

Asia-Europe Meeting:

Action Plan to Combat against Trafficking in Persons, Especially Women and Children

The Asia-Europe Meeting (ASEM) is a joint initiative of the ASEAN member States and the European Union. At the ASEM meeting of Ministers of Foreign Affairs in Beijing in May 2001, a joint plan of action against trafficking in women and chil-

19

dren was welcomed. The plan focuses on prevention, protection and law enforce- ment, as well as on rehabilitation, return and reintegration of the victims.

The plan of action can be obtained at:

http://www.iias.nl/asem/offdocs/docs/ASEMForMinMeeting_ActionPlanCombat Trafficking.pdf

Brussels Declaration on Preventing and Combating Trafficking in Human Beings

In 2002, the European Conference on Preventing and Combating Trafficking in Human Beings: Global Challenge for the 21st Century, brought together more than 1,000 participants representing European Union member States and accession and candidate countries, third countries, as well as international, intergovernmental and non-governmental organizations and the institutions of the European Union. The Brussels Declaration on Preventing and Combating Trafficking in Human Beings (http://europa.eu.int/comm/justice_home/news/forum_crimen/2002/workshop/brusels_ decl_en.htm) was the final outcome of the conference. Although created outside the institutional decision-making structures of the European Union, it became another important milestone in the fight against human trafficking. The European Commission announced its intention to make use of the Brussels Declaration as the main basis for its future work. On 8 May 2003, the Council of the European Union adopted con- clusions concerning the Brussels Declaration. The European Parliament has referred to the Brussels Declaration in a number of documents. The Brussels Declaration is aimed at further developing European and international cooperation, concrete meas- ures, standards, best practices and mechanisms and received broad support from par- ticipants at the Conference. In particular, recommendation 2 of the Brussels Declaration stipulates that, at the European level, an Experts Group, comprising rep- resentatives from Governments, intergovernmental organizations, non-governmental organizations, international bodies, researchers, the private sector, such as the trans- port sector, and other stakeholders should be set up by the European Commission.

The report of the Experts Group on Trafficking in Human Beings can be found at: http://europa.eu.int/comm/justice_home/doc_centre/crime/trafficking/doc/report_ expert_group_1204_en.pdf

Economic Community of West African States:

Initial Plan of Action against Trafficking in Persons (2002–2003)

In 2001, the Economic Community of West African States (ECOWAS) developed a regional plan of action against trafficking in human beings. The plan outlines the most urgent actions against trafficking in persons to be taken by ECOWAS mem- ber States, with a focus on criminal justice responses. The following are some of the tasks the member States have committed themselves to carry out:

• Facilitate and accept, with due regard for the safety of trafficked victims, their return without undue or unreasonable delay

chapter 2 Problem assessment and strategy development

• Establish a national task force on trafficking in persons in each member State that will bring together relevant ministries and agencies and develop recommen- dations for a national plan of action

• Take measures to create or develop the capacity of the reception centres where victims of trafficking can be sheltered

• Encourage trafficked victims to testify in the investigation and prosecution of cases of trafficking in persons, by giving due consideration to the safety and security of victims at all stages of legal proceedings, permitting them to remain in their territory

The complete plan of action can be obtained at:

http://www.iss.co.za/AF/RegOrg/unity_to_union/pdfs/ecowas/10POAHuTraf.pdf

Plan of action of the Regional Conference on Migration

The Regional Conference on Migration (formerly known as the Puebla Process) is a multilateral regional forum on international migration that includes representa- tion from all Central American countries, Canada, the Dominican Republic, Mexico and the United States of America. The group was established in 1996 to improve communication on migration issues among immigration and foreign policy officials in the region. In 2002, an action plan was adopted at a meeting of the Regional Conference on Migration held in Guatemala.

The plan includes the following objectives:

• To encourage the Governments of the regions that have not yet criminalized trafficking in persons to include the offence in their law

• To regularize the activities of the liaison officer network to combat smuggling of migrants and trafficking in persons

• To intensify cooperation through a regional workplan to make the borders safe

• To enhance public awareness of the risks and dangers of irregular or undocu- mented migration through information campaigns

• To establish coordination mechanisms relative to consular protection and national legislation

• To strengthen respect for the human rights of all migrants regardless of their migrant status, with special attention to protection of the rights of vulnerable groups such as women and children

The plan of action can be obtained at:

21