STATUS REPORT

PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

(New York, 15/11/2000)

ENTRY INTO FORCE : 25 December 2003, in accordance with article 17 which reads as follows: "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."

Depositary: N/A

Last updated by PacLII: 17/07/08
Parties Date of Signature Date of ratification
/
Other 		Entry Into Force Domestication Legislation
(where available)
Kiribati   15 Sep 2005 a    
Nauru 12 Nov 2001      
 
Albania 12 Dec 2000 21 Aug 2002    
Algeria [#] 6 Jun 2001 9 Mar 2004    
Argentina 12 Dec 2000 19 Nov 2002    
Armenia 15 Nov 2001 1 Jul 2003    
Australia [#] 11 Dec 2002 14 Sep 2005    
Austria 12 Dec 2000 15 Sep 2005    
Azerbaijan [#] 12 Dec 2000 30 Oct 2003    
Bahamas 9 Apr 2001      
Bahrain [#]   7 Jun 2004 a    
Barbados 26 Sep 2001      
Belarus 14 Dec 2000 25 Jun 2003    
Belgium [#] 12 Dec 2000 11 Aug 2004    
Belize   26 Sep 2003 a    
Benin 13 Dec 2000 30 Aug 2004    
Bolivia [#] 12 Dec 2000 18 May 2006    
Bosnia and Herzegovina 12 Dec 2000 24 Apr 2002    
Botswana 10 Apr 2002 29 Aug 2002    
Brazil 12 Dec 2000 29 Jan 2004    
Bulgaria 13 Dec 2000 5 Dec 2001    
Burkina Faso 15 Dec 2000 15 May 2002    
Burundi 14 Dec 2000      
Cambodia 11 Nov 2001 2 Jul 2007    
Cameroon 13 Dec 2000 6 Feb 2006    
Canada 14 Dec 2000 13 May 2002    
Cape Verde 13 Dec 2000 15 Jul 2004    
Central African Republic   6 Oct 2006 a    
Chile 8 Aug 2002 29 Nov 2004    
Colombia [#] 12 Dec 2000 4 Aug 2004    
Congo 14 Dec 2000      
Costa Rica 16 Mar 2001 9 Sep 2003    
Croatia 12 Dec 2000 24 Jan 2003    
Cyprus 12 Dec 2000 6 Aug 2003    
Czech Republic 10 Dec 2002      
Democratic Republic of the Congo   28 Oct 2005 a    
Denmark 12 Dec 2000 30 Sep 2003    
Djibouti   20 Apr 2005 a    
Dominican Republic 15 Dec 2000      
Ecuador [#] 13 Dec 2000 17 Sep 2002    
Egypt 1 May 2002 5 Mar 2004    
El Salvador [#] 15 Aug 2002 18 Mar 2004    
Equatorial Guinea 14 Dec 2000 7 Feb 2003    
Estonia 20 Sep 2002 12 May 2004    
European Community [#] 12 Dec 2000 6 Sep 2006 AA    
Finland 12 Dec 2000 7 Sep 2006 A    
France 12 Dec 2000 29 Oct 2002    
Gambia 14 Dec 2000 5 May 2003    
Georgia 13 Dec 2000 5 Sep 2006    
Germany 12 Dec 2000 14 Jun 2006    
Greece 13 Dec 2000      
Grenada   21 May 2004 a    
Guatemala   1 Apr 2004 a    
Guinea   9 Nov 2004 a    
Guinea-Bissau 14 Dec 2000 10 Sep 2007    
Guyana   14 Sep 2004 a    
Haiti 13 Dec 2000      
Hungary 14 Dec 2000 22 Dec 2006    
Iceland 13 Dec 2000      
India 12 Dec 2002      
Indonesia 12 Dec 2000      
Ireland 13 Dec 2000      
Israel 14 Nov 2001      
Italy 12 Dec 2000 2 Aug 2006    
Jamaica 13 Feb 2002 29 Sep 2003    
Japan 9 Dec 2002      
Kenya   5 Jan 2005 a    
Kuwait   12 May 2006 a    
Kyrgyzstan 13 Dec 2000 2 Oct 2003    
Lao People's Democratic Republic [#]   26 Sep 2003 a    
Latvia 10 Dec 2002 25 May 2004    
Lebanon 9 Dec 2002 5 Oct 2005    
Lesotho 14 Dec 2000 24 Sep 2003    
Liberia   22 Sep 2004 a    
Libyan Arab Jamahiriya 13 Nov 2001 24 Sep 2004    
Liechtenstein 14 Mar 2001      
Lithuania [#] 25 Apr 2002 23 Jun 2003    
Luxembourg 13 Dec 2000      
Madagascar 14 Dec 2000 15 Sep 2005    
Malawi [#]   17 Mar 2005 a    
Mali 15 Dec 2000 12 Apr 2002    
Malta 14 Dec 2000 24 Sep 2003    
Mauritania   22 Jul 2005 a    
Mauritius   24 Sep 2003 a    
Mexico 13 Dec 2000 4 Mar 2003    
Moldova [#] 14 Dec 2000 16 Sep 2005    
Monaco 13 Dec 2000 5 Jun 2001    
Montenegro   23 Oct 2006 d    
Mozambique 15 Dec 2000 20 Sep 2006    
Myanmar [#]   30 Mar 2004 a    
Namibia 13 Dec 2000 16 Aug 2002    
Netherlands 12 Dec 2000 27 Jul 2005 A    
New Zealand 14 Dec 2000 19 Jul 2002    
Nicaragua   12 Oct 2004 a    
Niger 21 Aug 2001 30 Sep 2004    
Nigeria 13 Dec 2000 28 Jun 2001    
Norway 13 Dec 2000 23 Sep 2003    
Oman   13 May 2005 a    
Panama 13 Dec 2000 18 Aug 2004    
Paraguay 12 Dec 2000 22 Sep 2004    
Peru 14 Dec 2000 23 Jan 2002    
Philippines 14 Dec 2000 28 May 2002    
Poland 4 Oct 2001 26 Sep 2003    
Portugal 12 Dec 2000 10 May 2004    
Republic of Korea 13 Dec 2000      
Romania 14 Dec 2000 4 Dec 2002    
Russian Federation 12 Dec 2000 26 May 2004    
Rwanda 14 Dec 2000 26 Sep 2003    
Saint Kitts and Nevis   21 May 2004 a    
Saint Vincent and the Grenadines 20 Nov 2002      
San Marino 14 Dec 2000      
Sao Tome and Principe   23 Aug 2006 a    
Saudi Arabia [#] 10 Dec 2002 20 Jul 2007    
Senegal 13 Dec 2000 27 Oct 2003    
Serbia 12 Dec 2000 6 Sep 2001    
Seychelles 22 Jul 2002 22 Jun 2004    
Sierra Leone 27 Nov 2001      
Slovakia 15 Nov 2001 21 Sep 2004    
Slovenia 15 Nov 2001 21 May 2004    
South Africa [#] 14 Dec 2000 20 Feb 2004    
Spain 13 Dec 2000 1 Mar 2002    
Sri Lanka 13 Dec 2000      
Suriname   25 May 2007 a    
Swaziland 8 Jan 2001      
Sweden 12 Dec 2000 1 Jul 2004    
Switzerland 2 Apr 2002 27 Oct 2006    
Syrian Arab Republic 13 Dec 2000      
Tajikistan   8 Jul 2002 a    
Thailand 18 Dec 2001      
The Former Yugoslav Republic of Macedonia 12 Dec 2000 12 Jan 2005    
Togo 12 Dec 2000      
Trinidad and Tobago 26 Sep 2001 6 Nov 2007    
Tunisia [#] 13 Dec 2000 14 Jul 2003    
Turkey 13 Dec 2000 25 Mar 2003    
Turkmenistan   28 Mar 2005 a    
Uganda 12 Dec 2000      
Ukraine 15 Nov 2001 21 May 2004    
United Kingdom of Great Britain and Northern Ireland 14 Dec 2000 9 Feb 2006    
United Republic of Tanzania 13 Dec 2000 24 May 2006    
United States of America [#] 13 Dec 2000 3 Nov 2005    
Uruguay 13 Dec 2000 4 Mar 2005    
Uzbekistan 28 Jun 2001      
Venezuela (Bolivarian Republic of) 14 Dec 2000 13 May 2002    
Zambia   24 Apr 2005 a    
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)

DECLARATIONS

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)


Algeria [up]

Reservations

The Government of the Algerian People's Democratic Republic does not consider itself bound by the provisions of article 15, paragraph 2, of this Protocol, which provides that any dispute between two or more States concerning the interpretation or application of the said Protocol that cannot be settled through negotiation shall, at the request of one of those States, be submitted to arbitration or referred to the International Court of Justice

The Government of the Algerian People's Democratic Republic believes that any dispute of this kind can only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute

Declarations

Ratification of this Protocol by the Algerian People's Democratic Republic in no way signifies recognition of Israel

Such ratification cannot be construed as leading to the establishment of any kind of relations with Israel


Australia [up]

Declaration made upon signature and confirmed upon ratification

The Government of Australia hereby declares that nothing in the Protocol shall be seen to be imposing obligations on Australia to admit or retain within its borders persons in respect of whom Australia would not otherwise have an obligation to admit or retain within its borders.


Azerbaijan [up]

Declaration

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

Reservation

In accordance with paragraph 3 of Article 15 of the Protocol, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 2 of Article 15.


Bahrain [up]

Reservation

... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.


Belgium [up]

Upon signature

Declaration

The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature


Bolivia [up]

Declaration

The Republic of Bolivia declares that it does not consider itself bound by the provisions of paragraph 2 of article 15, which deals with the settlement of disputes concerning this Protocol


Colombia [up]

Reservation

In accordance with article 15, paragraph 3, of the Protocol, Colombia declares that it does not consider itself bound by paragraph 2 of that article


Ecuador [up]

Reservation

Exercising the powers referred to in article 15, paragraph 3, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the Government of Ecuador makes a reservation with regard to article 15, paragraph 2, relating to the settlement of disputes


El Salvador [up]

Upon signature

Reservation

The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 15, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice

Upon ratification

Reservation

With respect to the provisions of article 15, paragraph 3, the Government of the Republic of El Salvador declares that it does not consider itself bound by article 15, paragraph 2, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice


European Community [up]

Declaration

Article 16 (3) of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, provides that the instrument of ratification, acceptance or approval of a regional economic integration organisation shall contain a declaration specifying the matters governed by the Protocol in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Protocol

The Protocol to prevent, suppress and punish trafficking in persons, especially women and children, shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof and the Protocols annexed to it

This declaration is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community

This declaration is equally without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community

Pursuant to Article 299, this declaration is also not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Protocol by the Member States concerned on behalf of and in the interests of those territories. In accordance with the provision referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Protocol. The scope and the exercise of such Community competence are, by their nature, subject to continuous development as the Community further adopts relevant rules and regulations, and the Community will complete or amend this declaration, if necessary, in accordance with Article 16 (3) of the Protocol

The Community points out that it has competence with regard to the crossing of external borders of the Member States, regulating standards and procedures when carrying out checks on persons at such borders and rules on visas for intended stays of no more than three months

The Community is also competent for measures on immigration policy regarding conditions of entry and residence and measures to counter illegal immigration and illegal residence, including repatriation of illegal residents. Moreover, it can take measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission, in the aforementioned areas. In these fields the Community has adopted rules and regulations and, where it has done so, it is hence solely for the Community to enter into external undertakings with third States or competent international organisations

In addition, Community policy in the sphere of development cooperation complements policies pursued by Member States and includes provisions to prevent and combat trafficking in persons.


Lao People's Democratic Republic [up]

Reservation

In accordance with paragraph 3, Article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 15 of the present Protocol. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Protocol to arbitration or [the] International Court of Justice, the agreement of all parties concerned in the dispute is necessary.


Lithuania [up]

Reservation

AND WHEREAS, it is provided in paragraph 3 of Article 15 of the Protocol, the Seimas of the Republic of Lithuania would like to declare that the Republic of Lithuania does not consider itself bound by paragraph 2 of Article 15, which provides that any State Party may refer any dispute concerning the interpretation or application of the said Protocol to the International Court of Justice.


Malawi [up]

Declarations

The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol (Article 16 (4))

Further, declares expressly its acceptance of Article 15 (2) on settlement of disputes concerning interpretation and application of this Protocol

The Competent Authority charged with the responsibility of coordinating and rendering of mutual legal assistance is

The Principal Secretary

Ministry of Home Affairs and Internal Security

Private Bag 331, Lilongwe 3. MALAWI

Fax: 265 1 789509 Tel: 265 1 789 177

The Official Language of communication is English.


Moldova [up]

Reservation and declaration

In accordance with paragraph 3 of article 15 of the Protocol, the Republic of Moldova does not consider itself bound by paragraph 2 of article 15 of the Protocol

Until the full establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol will be applied only on the territory controlled by the authorities of the Republic of Moldova


Myanmar [up]

Reservation

The Government of the Union of Myanmar wishes to express reservation on Article 20 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Protocol to the International Court of Justice.


Saudi Arabia [up]

Upon signature

Declaration and reservation

The public order of the Kingdom of Saudi Arabia prohibits trafficking in persons for the purpose referred to in paragraph (a) of Article 3 of the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children

The Kingdom does not consider itself bound by paragraph 2 of Article 15 of the said Protocol. It makes reservations regarding the contents of paragraph 3d of Article Six and paragraph 1 of Article 7 of the said protocol

Reservation upon ratification

... the Government of the Kingdom of Saudi Arabia does not consider itself obligated to paragraph 2 of article 15 of the Protocol


South Africa [up]

Reservation

AND WHEREAS pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 15 (2) of the Protocol which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Protocol. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case.


Tunisia [up]

Reservation

In ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on 15 November 2000, declares that it does not consider itself bound by article 15, paragraph 2, of the Protocol and affirms that disputes concerning the interpretation or application of the Protocol may be referred to the International Court of Justice only after it has given its prior consent


United States of America [up]

Reservations

(1) The United States of America reserves the right not to apply in part the obligation set forth in Article 15, paragraph 1 (b), of the United Nations Convention Against Transnational Organized Crime with respect to the offenses established in the Trafficking Protocol. The United States does not provide for plenary jurisdiction over offenses that are committed on board ships flying its flag or aircraft registered under its laws. However, in a number of circumstances, U.S. law provides for jurisdiction over such offenses committed on board U.S. - flagged ships or aircraft registered under U.S. law. Accordingly, the United States will implement paragraph 1 (b) of the Convention to the extent provided for under its federal law

(2) The United States of America reserves the right to assume obligations under this Protocol in a manner consistent with its fundamental principles of federalism, pursuant to which both federal and state criminal laws must be considered in relation to conduct addressed in the Protocol. U.S. federal criminal law, which regulates conduct based on its effect on interstate or foreign commerce, or another federal interest, such as the Thirteen Amendment's prohibition of "slavery" and "involuntary servitude," serves as the principal legal regime within the United States for combating the conduct addressed in this Protocol, and is broadly effective for this purpose. Federal criminal law does not apply in the rare case where such criminal conduct does not so involve interstate or foreign commerce, or otherwise implicate another federal interest, such as the Thirteenth Amendment. There are a small number of conceivable situations involving such rare offenses of a purely local character where U.S. federal and state criminal law may not be entirely adequate to satisfy an obligation under the Protocol. The United States of America therefore reserves to the obligations set forth in the Protocol to the extent they address conduct which would fall within this narrow category of highly localized activity. This reservation does not affect in any respect the ability of the United States to provide international cooperation to other Parties as contemplated in the Protocol

(3) In accordance with Article 15, paragraph 3, the United States of America declares that it does not consider itself bound by the obligation set forth in Article 15, paragraph 2.

Understanding

The United States of America understands the obligation to establish the offenses in the Protocol as money laundering predicate offenses, in light of Article 6, paragraph 2 (b) of the United Nations Convention Against Transnational Organized Crime, as requiring States Parties whose money laundering legislation sets forth a list of specific predicate offenses to include in such list a comprehensive range of offenses associated with trafficking in persons.

NOTES

1. With a territorial exclusion in respect of the Faroe Islands and Greenland

2. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume

3. For the Kingdom in Europe. On 18 January 2007 : extension to Aruba

4. With the following territorial exclusion

.....consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.....

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