The Trafficking Protocol was developed within the UN Crime Commission, which is a law
enforcement body, not a human rights body.5 Its Vienna location also physically isolates its
members from the human rights bodies, which are located in Geneva and New York. For these
reasons, the Trafficking Protocol is primarily a law enforcement instrument. From the human
rights perspective, it would have been preferable if an international instrument on trafficking had
been created within a human rights body rather than in a law enforcement body. However, the impetus for developing a new international instrument arose out of the desire of governments to
create a tool to combat the enormous growth of transnational organized crime. Therefore, the
drafters created a strong law enforcement tool with comparatively weak language on human rights
protections and victim assistance.
Members of the Human Rights Caucus, which consists of non-governmental organizations
(NGOs) from around the world6, attended all of the negotiations for the new Trafficking Protocol.
Its main goals were to ensure that the Trafficking Protocol (1) defines trafficking to include all
trafficking into forced labor, slavery and servitude, no matter whether it is within or across a
country’s borders, and (2) recognizes the rights and meets the needs of trafficked persons. The
first goal was accomplished to the extent possible in an international instrument. The Trafficking
Protocol has a broad definition of trafficking and covers most international trafficking and some
internal trafficking. The second goal was almost accomplished. Government delegates
concentrated on creating a strong law enforcement instrument and many of them did not believe
that human rights are appropriate in the Trafficking Protocol. Consequently, readers will notice
that the law enforcement provisions in the Trafficking Protocol contain mandatory language, such
as “states parties shall,” while the protections and assistance provisions (see Protocol Articles 6 and
7 and Convention Articles 24 and 25) contain weaker terms, such as “in appropriate cases” and “to
the extent possible.”