Convention on the Elimination of all Forms of Discrimination Against Women (‘CEDAW’)
Adopted by United Nations General Assembly on 18 December 1979, entered into force 3 September 1981

Universal human rights treaty prohibiting discrimination against women in all aspects of life. The convention also obliges State Parties to suppress all forms of traffic in women and the exploitation of prostitution of women. The Committee on the Elimination of all Forms of Discrimination against Women monitors the implementation of the CEDAW Convention by States Parties through consideration of periodic reports.

http://www.unhchr.ch/html/menu3/b/e1cedaw.htm

Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women
Adopted by United Nations General Assembly on 6 October 1999, entered into force 22 December 2000

Universal human rights treaty establishing a complaint procedure enabling women who are under the jurisdiction of the State Party to this protocol to submit a complaint to the CEDAW Committee on alleged violation of any right stipulated in the CEDAW Convention.

http://www.unhchr.ch/html/menu3/b/opt_cedaw.htm

Convention on the Rights of the Child (‘CRC’)
Adopted by United Nations General Assembly on 20 November 1989, entered into force 2 September 1990

Universal human rights treaty containing a comprehensive set of children’s rights. State Parties are obliged to protect children against all forms of exploitation and to take all measures to prevent the abduction, sale and traffic in children. The Committee on the Rights of the Child monitors the implementation of the CRC Convention by State Parties through consideration of their periodic reports.

http://www.unhchr.ch/html/menu3/b/k2crc.htm

Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Pornography
Adopted by United Nations General Assembly on 25 May 2000, entered into force 18 January 2002

Universal human rights treaty focusing on the prohibition of  the sale of children, child prostitution and pornography; criminalisation of such acts, prosecution of their perpetrators and co-operation in this respect; and protection of victims of such acts.

http://www.unhchr.ch/html/menu2/6/crc/treaties/opsc.htm

ILO Worst Forms of Child Labour Convention No. 182
Adopted by the General Conference of the International Labour Organization at its eighty-seventh session, 1999, entered into force 19 November 2000

Universal treaty containing an obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. This includes all forms of slavery or practices similar to slavery, such as the sale and trafficking in children.

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182

Rome Statute of the International Criminal Court
Adopted by UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998, entered into force 1 July 2002

Universal treaty establishing the International Criminal Court with jurisdiction over the crime of genocide, crimes against humanity, war crimes and the crime of aggression. Trafficking in persons is included in the definition of ‘enslavement’ within the category of crimes against humanity.

http://www.un.org/law/icc/statute/romefra.htm

Slavery Convention
Signed at Geneva on 25 September 1926, entered into force 17 July 1955

Universal treaty containing obligations to take steps to prevent and suppress the slave trade and to bring about the complete abolition of slavery.

http://www.unhchr.ch/html/menu3/b/f2sc.htm

Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to Slavery
Adopted by a Conference of Plenipotentiaries on 7 September 1956, entered into force on 30 April 1957

Universal treaty stipulating the obligation to take steps to complete the abolition of practices similar to slavery, including the practice whereby a child is delivered to another person with a view to the exploitation of the child.

http://www.ohchr.org/english/law/slavetrade.htm

European Convention on Action against Trafficking in Human Beings
Adopted on 16 May 2005

Regional treaty focusing on the protection of victims of trafficking and their rights, and also on the prevention of  trafficking and prosecution of  traffickers. It applies to all forms of human trafficking. It provides for the setting up of a monitoring mechanism.

http://www.coe.int/T/E/human_rights/trafficking/PDF_Conv_197_Trafficking_E.pdf

Inter-American Convention on International Traffic in Minors
Adopted by the Fifth Inter-American Specialized Conference on Private International Law, 18 March 1994, entered into force 15 August 1997

Regional treaty aiming to ensure the protection of minors against trafficking. It stipulates the obligation of State Parties to institute a system of mutual legal assistance dedicated to the prevention and punishment of the international trafficking in minors and ensure the prompt return of minors who are victims of international traffic to the State of their habitual residence, bearing in mind the best interests of the minors.

http://www.oas.org/juridico/english/Treaties/b-57.html

SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution
Adopted by the Eleventh SAARC Summit, 5 January 2002

Sub-regional treaty promoting co-operation of States in the prevention and suppression of human trafficking. It stipulates the obligation of State Parties to criminalize human trafficking, to prosecute its perpetrators and to co-operate in this respect; and to protect victims of trafficking.

http://www.saarc-sec.org/old/freepubs/conv-traffiking.pdf

UNITED STATES

FEDERAL

Trafficking Victims Protection Act of 2000 (TVPA)
The purposes of the TVPA are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims.

http://www.state.gov/documents/organization/10492.pdf

      - Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA 2003)   http://www.state.gov/documents/organization/28225.pdf

   - Trafficking Victims Protection Reauthorization Act of 2005 (TVPRA 2005)http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi dbname=109_cong_bills&docid=f:h972ih.txt.pdf

As a requirement of the Trafficking Victims Protection Act, the U.S. Department of State issues an annual report assessing the extent of trafficking in foreign countries and those countries efforts to combat trafficking within their borders. Since 2001, the Trafficking in Persons Report has been issued each June. VietACT’s Not for Sale Campaign as well as Board Member Father Peter Nguyen Van Hung were featured in the 2006 TIP Report:

Trafficking in Persons Report, June 2006 -http://www.state.gov/documents/organization/66086.pdf

Trafficking in Persons Report, June 2005 - http://www.state.gov/documents/organization/47255.pdf

Trafficking in Persons Interim Assessment, January 2005 -http://www.state.gov/documents/organization/40419.pdf

Trafficking in Persons Report, June 2004 - http://www.state.gov/documents/organization/34158.pdf

Trafficking in Persons Report, June 2003 - http://www.state.gov/documents/organization/21555.pdf

Trafficking in Persons Report, June 2002 - http://www.state.gov/documents/organization/10815.pdf

Trafficking in Persons Report, June 2001 - http://www.state.gov/documents/organization/4107.pdf

CALIFORNIA

AB 22 (Lieber) establishes human trafficking for forced labor or services as a felony crime punishable by a sentence of 3, 4 or 5 years in state prison, as well as a sentence of 4, 6 or 8 years for trafficking of a minor. The bill provides for mandatory restitution and allows trafficking victims to bring a civil action against his or her trafficker. It also institutes strict guidelines for the issuance of Law Enforcement Agency Endorsements for trafficking victims. Effective Date: September 21, 2005 

http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_22_bill_20050921_chaptered.pdf 

SB 180 (Khuel) establishes the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force, an interagency task force that is charged with evaluating various programs available to victims of trafficking and various criminal statutes addressing human trafficking. Responsibilities include, collecting and analyzing data on trafficking into the state, evaluating the effectiveness of prevention and prosecution efforts, and examining collaborative models between government and nongovernmental organizations for protecting trafficking victims. The task force is required to submit a report of its findings to the Legislature, Governor, and Attorney General by July 1, 2007. The task consists of the Attorney General, members of the legislature, government and law enforcement agencies, as well as representatives from non-governmental organizations and service providers. Effective Date: September 21, 2005 

http://info.sen.ca.gov/pub/bill/sen/sb_0151-0200/sb_180_bill_20050921_chaptered.pdf 

COLORADO

SB 207 establishes the class 2 felony of trafficking in adults (persons 16 years of age or older) and the class 3 felony of trafficking in children (person under the age of 16). A person commits the crimes of trafficking in adults or children if he or she sells, exchanges, barters or leases an adult and receives any money or other consideration or thing of value for the adult or child. 

http://www.leg.state.co.us/Clics2006A/csl.nsf/fsbillcont3/A96881CC8ABC91938725712300781AB4?Open&file=207_enr.pdf 

HB 1143 creates an interagency task force on trafficking in persons to: collect and organize data on the nature and extent of trafficking in the state; investigate collaborative models for protecting victims; measure and evaluate the progress of the state in preventing trafficking, protecting victims, and prosecuting traffickers; identify available federal, state, and local programs that provide services to victims; evaluate approaches to increase public awareness of trafficking; analyze existing criminal statutes for their adequacy in addressing trafficking and make recommendations; and, consult with governmental and non-governmental organizations in developing recommendations. The task force is required to report its findings and recommendations to the Judiciary Committees of the House and Senate by January 15, 2007.

http://www.leg.state.co.us/clics2005a/csl.nsf/fsbillcont3/2F129005E4ACAE6087256F39007EC0BD?Open&file=1143_enr.pdf 

HAWAII

Note: International Marriage Organizations/International Marriage Brokers are increasingly discovered as a conduit for human trafficking and slavery. VietACT has worked closely with TaiwanACT to discover real cases of abuse and fraud in the marriage broker business. Following are examples  in Hawaii that make be examples of legislative policies that can be pursued in Taiwan or other places.

HB 135 allows persons living abroad who use for-profit matchmaking services to gain access to criminal conviction and marital history information from prospective spouses residing in the United States (“clients”). Each IMO must notify all foreign women (“recruits”) in their native language that criminal history records and marital history information about any Hawaii resident is available upon request. The IMO also must disseminate this information upon request in the recruit’s native language and refrain from providing any further services that facilitate interaction between the recruit and the client until the information has been submitted to the IMO. The punishment for a violation of the law is a fine of up to $500 and up to 30 days imprisonment. Effective Date: January 1, 2004. 

http://www.capitol.hawaii.gov/session2003/bills/hb135_.htm 

HB 2050 expands upon Hawaii's current law by including abuse orders of protection issued against a Hawaii resident as information that must be disclosed by a Hawaii resident as part of the resident's marital history information in dealings with international matchmaking organizations. 

http://www.capitol.hawaii.gov/sessioncurrent/bills/HB2050_.pdf

MINNESOTA

HF 1 establishes felonies for labor trafficking; sex trafficking; and, unlawful conduct with respect to documents in furtherance of labor or sex trafficking. Labor trafficking is punishable by up to 15 years in prison or a $30,000 fine, or both. Depending on the age of the victim, sex trafficking is punishable by a maximum prison sentence of either 15 or 20 years. The document offense carries a maximum punishment of 5 years in prison, a $10,000 fine, or both. 

http://ros.leg.mn/bin/getpub.php?pubtype=SLAW_CHAP&year=2005&session_number=0&chapter=136

WASHINGTON

HB 1175 establishes the class A felony offenses of first- and second-degree sex trafficking and labor trafficking. Under standard sentencing guidelines, a first-degree offense carries a maximum punishment of 14 years in prison; in the second-degree, the maximum is nine years. Such factors as the age of the victim and whether the victim was kidnapped or killed are considered in determining the severity of the charge. Victims of trafficking also may sue for damages and for the cost of bringing the suit; a civil fine of up to $250,000 may also be levied by the court.

http://www.leg.wa.gov/pub/billinfo/2003-04/House/1175-1199/1175-s_sl.pdf 

HB 1826 requires International Marriage Organizations to provide information to foreign women, upon request, on state background checks and personal histories of Washington residents seeking to meet foreign women (potential recruits). The IMO must notify all potential recruits that background check and personal history information is available upon request. Once the resident is notified of the recruit’s request for background information, the IMO must refrain from providing any further services that facilitate future interaction between the recruit and the resident until the IMO has obtained the requested information from the resident.

http://www.leg.wa.gov/pub/billinfo/2003-04/House/1825-1849/1826-s_sl.pdf