Stop Violence Against Women
Criminalization of Activities Related to Trafficking
last updated September 1, 2005

The OSCE also recommends that all activities related to trafficking be criminalized.  Trafficking is often carried out by organized groups, which participate to varying degrees in various activities, such as recruitment, transportation, escort and accommodation of trafficked persons.  The most significant of these acts would likely be punished under criminal trafficking or organized crime laws, but lesser acts, such as the arrangement of employment or even the use of the services of a trafficked victim, may not now be sufficient to establish criminal liability.  In addition, trafficking is facilitated by acts of omission, such as border guards who ignore the activity.  A strong criminal law should also recognize such failures to act as abetting the trafficking process.  Thus, the OSCE recommends the following: that States "establish all activities related to trafficking as criminal offences (such as instigating, aiding, abetting, attempting, omission to act against and conspiracy to traffic), . . . specifically establish the activities of organized criminal groups involved in trafficking as a criminal offence [and] . . . ensure that trafficking cases involving public officials are prosecuted and involve not only disciplinary consequences, but also sanctions under criminal law."

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