On International Law On Trafficking Persons

The present paper consists of three parts:preface, main body and concluding remarks. The preface mainly introduce current the causes, scale and impact of trafficking in persons briefly.The main body introduce and discuss international, regional and national laws on trafficking in persons which includes five parts:The first chapter discusses the international law on trafficking in persons. This chapter recalls the historic development of international relating to trafficking in persons. The points is main provisions of " Palermo Protocol " and the difference from the previous international legislation, especially the relationship between trafficking in person and human smuggling, forced labour and practice like slavery. As the perception of international community on trafficking in persons deepen, the focus of "Palermo Protocol" substantially went beyond the traditional focus on slavery, forced labour and prostitution.The second chapter discusses the multilateral legal system on trafficking in persons. The multilateral coordination system made progress. A lot of repeated efforts made by related international organizations within their own mandate in the past. However, nowadays, a coordinated system under UNODC’s leadership jointed by a range of international organizations is built step by step. Meanwhile, some organizations, such as International Labour Organization, International Organization for Migration, UN Refugee Agency, World Bank and so forth made a lot of efforts to eliminate the phenomenon of trafficking in persons. The efforts including international legislation, developing training material and handbooks and providing invaluable advices for domestic legislation, especially focusing on materialization of measures laid down in " Palermo Protocol".The regional legislation is discussed in third chapter. EU’s focus turned to the protection of the trafficked persons and victims of trafficking including providing longtime solutions and residents status for victim, adapt gender-specific and age-specific ways of protection system, then EU clarified the priorities and strategies for eliminating the trafficking in the long time. Although ASEAN, which mainly consists of developing countries, made cooperative system including migration, visa and criminal justice affairs, the system of human rights protection is weaker than EU’s, and the regional arrangement on trafficking in persons is lack of mandatory terms.The forth chapter is comprised by remarks on domestic legislation of two nations, US and Japan. The domestic legislation of United States is typical in the world. To some extent, it represent the trend.of national laws on trafficking. The main substances include refined visas system, providing immediate protection and support for victims, raising public awareness and function of NGOs, expand the foreigners employment in U.S or American nationals’ employment overseas to decrease trafficking. Provide victims whom can not return with temporary or permanent resident status under certain conditions. Shaping partnerships between law enforcement, NGOs and civil societies. Tackling human trafficking in a comprehensive and integrated manner. While Japan’s legislation was lead by national interest, the protection of victims in the combating in human trafficking is very weak.The fifth chapter focus on Chinese legislation. As the foundation of Intra-ministerial Conference on Anti-trafficking under State Council and the improvement of related measures, Chinese working on anti-trafficking made rapid progress. However, there exist some shortcomings. So it is necessary to make reference to international organizations’ advice and borrow regional and American and Japanese experience to refine Chinese legislation, including building respectively systematic statistics, reasonable regulation on overseas employment, strengthening to monitor transnational marriage broker, enhancing the protection of victims’ human rights, consolidating the administrative mandate such as labor inspection, customs and border management and so forth and their coordination, refine China’s visa system and management for foreigners, constructing identification procedure for victims and rights protection mechanisms, providing training for administrative and judiciary stuff members. In addition, long-time development environment is needed to decrease human trafficking and increase level of protectction.The concluding remarks indicate that the trend of legislation in the context of extreme imbalance of development among different parts of world, and related international legislation is lack of enforceable mechanisms.First, the comprehensive measures including preventing and combating human trafficking and protection of victims are increasingly recognized by international community.Second, bilateral and multilateral cooperation on labour, migration and criminal justice is enhanced at different extent.Third, in addition criminal justice response, multi-faced means including labour, civil and administrative legislation were made to response trafficking in persons together.