(a) Adoption
The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others was adopted by the General Assembly in its resolution 317 (VI) of 2 December 1949. It entered into force on 25 July 1951,
(b) Purpose
The purpose of the Convention is to stipulate effective measures against all forms of traffic in women and the exploitation of prostitution, which are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community.
States parties agree to end the traffic in women and children, and for this reason undertake to punish any person who either procures or entices another person for purposes of prostitution,.even with the consent of that person, or keeps or supports a brothel. States parties agree to make these offences extraditable, to supervise employment agencies in order to prevent the traffic and to provide rehabilitation for the victims of prostitution.
(c) Status of the Convention
By 31 December 1987, the Convention had received 14 signatures; 59 States had ratified or acceded to the Convention (see annex I).
(d) Implementation procedures
The Convention, in article 21, outlines implementation procedures for the States parties to the Convention. States parties undertake to communicate to 5 the Secretary-General information on measures they adopt to ensure the application of the Convention. The Sub-Commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights set up a Working Group on Slavery in 1974, which meets annually, and considers traffic in women and children as a form of slavery. It also hears oral statements from non-governmental organizations and makes recommendations, which are presented for endorsement to the Commission on Human Rights. The Working Group is composed of five members, who are appointed by the Sub-Commission on the basis of geographical distribution.
On the recommendation of the Commission on the Status of Women, at its twenty-ninth session, the Economic and Social Council adopted resolution 1982/20 of 4 May 1982 on the basis of which a Special Rapporteur appointed by the Secretary-General prepared a synthesis of the surveys and studies on the traffic in persons and the exploitation of the prostitution of others, and proposed appropriate measures to prevent and suppress those practices that are contrary to the fundamental rights of human beings.
As the subject of the Convention is part of the Convention on the Elimination of All Forms of Discrimination against Women (article 6), it is monitored by CEDAW for the States parties to the latter Convention.
PREAMBLE
Whereas prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community.
Whereas, with respect to the suppression of the traffic in women and children, the following international instruments are in force:
1. International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic, as amended by the Protocol approved by the General Assembly of the United Nations on 3 December 1948,
2. International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, as amended by the above-mentioned Protocol,
3. International Convention of 30 September 1921 for the Suppression of the Traffic in Women and Children, as amended by the Protocol approved by the General Assembly of the United Nations on 20 October 1947,
4. International Convention of 11 October 1933 for the Suppression of the Traffic in Women of Full Age, as amended by the aforesaid Protocol,
Whereas the League of Nations in 1937 prepared a draft Convention extending the scope of the above mentioned instruments, and Whereas developments since 1937 make feasible the conclusion of a convention consolidating the above mentioned instruments and embodying the substance of the 1937 draft Convention as well as desirable alterations therein:
Now therefore
The Contracting Parties
Hereby agree as hereinafter provided:
Article 1
The Parties to the present Convention agree to punish any person who, to gratify the passions of another:
1. Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person;
2. Exploits the prostitution of another person, even with the consent of that person.
Article 2
The Parties to the present Convention further agree to punish any person who:
1. Keeps or manages, or knowingly finances or takes part in the financing of a brothel;
2. Knowingly lets or rents a building or other place or any part thereof for the purpose of the prostitution of others.
Article 3
To the extent permitted by domestic law, attempts to commit any of the offences referred to in articles 1 and 2, and acts preparatory to the commission thereof, shall also be punished.
Article 4
To the extent permitted by domestic law, intentional participation in the acts referred to in articles I and 2 above shall also be punishable.
To the extent permitted by domestic law, acts of participation shall be treated as separate offences whenever this is necessary to prevent impunity.
Article 5
In cases where injured persons are entitled under domestic law to be parties to proceedings in respect of any of the offences referred to in the present Convention, aliens shall be so entitled upon the same terms as nationals.
Article 6
Each Party to the present Convention agrees to take all the necessary measures to repeal or abolish any existing law, regulation or administrative provision by virtue of which persons who engage in or are suspected of engaging in prostitution are subject either to special registration or to the possession of a special document or to any exceptional requirements for supervision or notification.
Article 7
Previous convictions pronounced in foreign States for offences referred to in the present Convention shall, to the extent permitted by domestic law, be taken into account for the purpose of:
1. Establishing recidivism;
2. Disqualifying the offender from the exercise of civil rights.
Article 8
The offences referred to in articles 1 and 2 of the present Convention shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be concluded between any of the Parties to this Convention.
The Parties to the present Convention which do not make extradition conditional on the existence of a treaty shall henceforward recognize the offences referred to in articles 1 and 2 of the present Convention as cases for extradition between themselves.
Extradition shall be granted in accordance with the law of the State to which the request is made.
Article 9
In States where the extradition of nationals is not permitted by law, nationals who have returned to their own State after the commission abroad of any of the offences referred to in articles 1 and 2 of the present Convention shall be prosecuted in and punished by the courts of their own State.
This provision shall not apply if, in a similar case between the Parties to the present Convention, the extradition of an alien cannot be granted.
Article 10
The provisions of article 9 shall not apply when the person charged with the offence has been tried in a foreign State and, if convicted, has served his sentence or had it remitted or reduced in conformity with the laws of that foreign State.
Article 11
Nothing in the present Convention shall be interpreted as determining the attitude of a Party towards the general question of the limits of criminal jurisdiction under international law.
Article 12
The present Convention does not affect the principle that the offences to which it refers shall in each State be defined, prosecuted and punished in conformity with its domestic law.
Article 20
The Parties to the present Convention shall, if they have not already done so, take the necessary measures for the supervision of employment agencies in order to prevent persons seeking employment, in particular women and children, from being exposed to the danger of prostitution.
Article 21
The Parties to the present Convention shall communicate to the Secretary-General of the United Nations such laws and regulations as have already been promulgated in their States, and thereafter annually such laws and regulations as may be promulgated, relating to the subjects of the present Convention, as well as all measures taken by them concerning the application of the Convention. The information received shall be published periodically by the Secretary-General and sent to all Members of the United Nations and to non-member States to which the present Convention is officially communicated in accordance with article 23.
Article 22
If any dispute shall arise between the Parties to the present Convention relating to its interpretation or application and if such dispute cannot be settled by other means, the dispute shall, at the request of any one of the Parties to the dispute, be referred to the International Court of Justice.
Article 23
The present Convention shall be open for signature on behalf of any Member of the United Nations and also on behalf of any other State to which an invitation has been addressed by the Economic and Social Council.
The present Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
The States mentioned in the first paragraph which have not signed the Convention may accede to it.
Accession shall be effected by deposit of an instrument of accession with the Secretary-General of the United Nations.
For the purposes of the present Convention the word " State" shall include all the colonies and Trust Territories