Strategy Negotiation Document
International Law
Human Trafficking Delegation 1 Belgium, The United Kingdom, The United States of
America
, 1.Background
The Palermo Protocol is the first to determine a legal definition of human trafficking in international law.
Under article 3, elements of ‘trafficking in persons’ are stated. 1 Those consist of ‘action’, ‘means’ and
‘purpose’. To decide in which ways the States in the delegation, the United Kingdom, United States of America
and Belgium, want to change and broaden this definition of human trafficking or exploitation, it is necessary to
take a look at the national laws these States adopted with regard to human trafficking. As well as how these
differ from the Palermo Protocol and what their objects and purposes are in relation to human trafficking.
Secondly, a comparison is necessary to define the similarities and differences between the States, in order to
discover the common interests of the States. Those common interests are necessary for the negotiations. All
information gathered, will show the wishes in the delegation regarding change the definition of human
trafficking and will help to rewrite the treaty article.
2. Interests of our delegation and overlaps and differences
Belgium: Belgium researched the term ‘abuse of a position of vulnerability’ from article 3 of the Palermo
Protocol, in the UNODC “Abuse of a position of vulnerability and other ‘means’ within the definition of
trafficking in persons”. This research shows that the element of a ‘means’ in article 3 is not a component of the
definition of trafficking in the Belgian national law, but could be seen as an aggravating circumstance. 2 The
term ‘abuse of a position of vulnerability’ is also included in the definition of human trafficking in Belgium. As a
consequence, instead of abuse, vulnerability needs to be proven. The addition of ‘abuse of a position of
vulnerability’ can cause expansion of the term ‘trafficking’. 3 In the GRETA report ‘Concerning the
implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by
Belgium’ is noted that the Belgian authorities have modified the definition of human trafficking, to refer to it as
‘for the purposes of exploitation of prostitution or other forms of sexual exploitation’, in order to cover more
forms of exploitation.4
The United Kingdom (UK): The UK is a destination for men, women and children from different continents for
the purposes of sexual slavery and forced labor. The human trafficking section of the Modern Slavery Act 2015
offers one offence for all types of trafficking, making it practically and administratively easier to bring forward
human trafficking prosecutions. The NCA rates eradicating human trafficking as one of their highest priorities. 5
The UK attempts to eradicate human trafficking especially by improved victim identification and care,
enhancing their ability to act early, smarter action at the border and more coordination of internal law
enforcement efforts.
The United States of America: The Trafficking Victims Protection Act of 2000 (TVPA) is the primary legislation in
the United States addressing human trafficking. Human trafficking in the United States take the following
forms: debt bondage, domestic servitude, forced child labor, (child) sex trafficking. 6 The United States
established the 3P paradigm, which stands for prosecution, protection and prevention. A fourth P, partnership,
1
‘International Legal Definition of Trafficking in Persons’ (2018) Page 1 <
https://www.unodc.org/documents/human-trafficking/2018/Issue_Paper_International_Definition_TIP.pdf p.1
> accessed 4 april 2022
2
Rm.coe.int. 2013. Report concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Belgium. [online] p.20 Available at: <https://rm.coe.int/1680630d0f>
3
United Nations Office on Drugs and Crime. 2018. Issue paper: The International Legal Definition of Trafficking
in Persons. [online] p.9 Available at:
<https://www.unodc.org/documents/human-trafficking/2018/Issue_Paper_International_Definition_TIP.pdf>
4
Rm.coe.int. 2013. Report concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Belgium. [online] p.21 Available at: <https://rm.coe.int/1680630d0f>
5
‘Modern slavery and human trafficking’ < https://www.nationalcrimeagency.gov.uk/what-we-do/crime-
threats/modern-slavery-and-human-trafficking > accessed 30 March 2022
6
US Department of State, ’About Human Trafficking’ < https://www.state.gov/humantrafficking-about-human-trafficking/ > accessed 29
March 2022
International Law
Human Trafficking Delegation 1 Belgium, The United Kingdom, The United States of
America
, 1.Background
The Palermo Protocol is the first to determine a legal definition of human trafficking in international law.
Under article 3, elements of ‘trafficking in persons’ are stated. 1 Those consist of ‘action’, ‘means’ and
‘purpose’. To decide in which ways the States in the delegation, the United Kingdom, United States of America
and Belgium, want to change and broaden this definition of human trafficking or exploitation, it is necessary to
take a look at the national laws these States adopted with regard to human trafficking. As well as how these
differ from the Palermo Protocol and what their objects and purposes are in relation to human trafficking.
Secondly, a comparison is necessary to define the similarities and differences between the States, in order to
discover the common interests of the States. Those common interests are necessary for the negotiations. All
information gathered, will show the wishes in the delegation regarding change the definition of human
trafficking and will help to rewrite the treaty article.
2. Interests of our delegation and overlaps and differences
Belgium: Belgium researched the term ‘abuse of a position of vulnerability’ from article 3 of the Palermo
Protocol, in the UNODC “Abuse of a position of vulnerability and other ‘means’ within the definition of
trafficking in persons”. This research shows that the element of a ‘means’ in article 3 is not a component of the
definition of trafficking in the Belgian national law, but could be seen as an aggravating circumstance. 2 The
term ‘abuse of a position of vulnerability’ is also included in the definition of human trafficking in Belgium. As a
consequence, instead of abuse, vulnerability needs to be proven. The addition of ‘abuse of a position of
vulnerability’ can cause expansion of the term ‘trafficking’. 3 In the GRETA report ‘Concerning the
implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by
Belgium’ is noted that the Belgian authorities have modified the definition of human trafficking, to refer to it as
‘for the purposes of exploitation of prostitution or other forms of sexual exploitation’, in order to cover more
forms of exploitation.4
The United Kingdom (UK): The UK is a destination for men, women and children from different continents for
the purposes of sexual slavery and forced labor. The human trafficking section of the Modern Slavery Act 2015
offers one offence for all types of trafficking, making it practically and administratively easier to bring forward
human trafficking prosecutions. The NCA rates eradicating human trafficking as one of their highest priorities. 5
The UK attempts to eradicate human trafficking especially by improved victim identification and care,
enhancing their ability to act early, smarter action at the border and more coordination of internal law
enforcement efforts.
The United States of America: The Trafficking Victims Protection Act of 2000 (TVPA) is the primary legislation in
the United States addressing human trafficking. Human trafficking in the United States take the following
forms: debt bondage, domestic servitude, forced child labor, (child) sex trafficking. 6 The United States
established the 3P paradigm, which stands for prosecution, protection and prevention. A fourth P, partnership,
1
‘International Legal Definition of Trafficking in Persons’ (2018) Page 1 <
https://www.unodc.org/documents/human-trafficking/2018/Issue_Paper_International_Definition_TIP.pdf p.1
> accessed 4 april 2022
2
Rm.coe.int. 2013. Report concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Belgium. [online] p.20 Available at: <https://rm.coe.int/1680630d0f>
3
United Nations Office on Drugs and Crime. 2018. Issue paper: The International Legal Definition of Trafficking
in Persons. [online] p.9 Available at:
<https://www.unodc.org/documents/human-trafficking/2018/Issue_Paper_International_Definition_TIP.pdf>
4
Rm.coe.int. 2013. Report concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Belgium. [online] p.21 Available at: <https://rm.coe.int/1680630d0f>
5
‘Modern slavery and human trafficking’ < https://www.nationalcrimeagency.gov.uk/what-we-do/crime-
threats/modern-slavery-and-human-trafficking > accessed 30 March 2022
6
US Department of State, ’About Human Trafficking’ < https://www.state.gov/humantrafficking-about-human-trafficking/ > accessed 29
March 2022
