Protocol inzake de voorkoming, bestrijding en bestraffing van mensenhandel, in het bijzonder vrouwenhandel en kinderhandel, tot aanvulling van het Verdrag van de Verenigde Naties tegen grensoverschrijdende georganiseerde misdaad
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Algerije | Ja | Ja |
Andorra | Ja | Nee |
Australië | Ja | Nee |
Azerbeidzjan | Ja | Nee |
Bahama's | Ja | Nee |
Bahrein | Ja | Nee |
Bangladesh | Ja | Nee |
België | Ja | Nee |
Bhutan | Ja | Nee |
Bolivia | Ja | Nee |
Brunei | Ja | Nee |
China | Ja | Nee |
Colombia | Ja | Nee |
Cuba | Ja | Nee |
Denemarken | Ja | Nee |
Ecuador | Ja | Nee |
El Salvador | Ja | Nee |
Eritrea | Ja | Nee |
Ethiopië | Ja | Nee |
EU (Europese Unie) | Ja | Nee |
Fiji | Ja | Nee |
Griekenland | Ja | Nee |
Indonesië | Ja | Nee |
Israël | Ja | Nee |
Laos | Ja | Nee |
Litouwen | Ja | Nee |
Malawi | Ja | Nee |
Maleisië | Ja | Nee |
Micronesia | Ja | Nee |
Moldavië | Ja | Nee |
Myanmar | Ja | Nee |
Nepal | Ja | Nee |
Nieuw-Zeeland | Ja | Nee |
Oekraïne | Ja | Nee |
Oezbekistan | Ja | Nee |
Pakistan | Ja | Nee |
Palestina | Ja | Nee |
Qatar | Ja | Nee |
Saudi-Arabië | Ja | Nee |
Singapore | Ja | Nee |
Sri Lanka | Ja | Nee |
Syrië | Ja | Nee |
Thailand | Ja | Nee |
Tunesië | Ja | Nee |
Verenigde Arabische Emiraten | Ja | Nee |
Verenigde Staten van Amerika | Ja | Nee |
Vietnam | Ja | Nee |
Zimbabwe | Ja | Nee |
Zuid-Afrika | Ja | Nee |
Algerije
09-03-2004
Reservation:
The Government of the Algerian People's Democratic Republic does not consider itself
bound by the provisions of article 15, paragraph 2, of this Protocol, which provides
that any dispute between two or more States concerning the interpretation or application
of the said Protocol that cannot be settled through negotiation shall, at the request
of one of those States, be submitted to arbitration or referred to the International
Court of Justice.
The Government of the Algerian People's Democratic Republic believes that any dispute
of this kind can only be submitted to arbitration or referred to the International
Court of Justice with the consent of all parties to the dispute.
Declaration:
Ratification of this Protocol by the Algerian People's Democratic Republic in no way
signifies recognition of Israel.
Such ratification cannot be construed as leading to the establishment of any kind
of relations with Israel..
Bezwaar Israël, 23-07-2008
The Government of the State of Israel has noted that the instrument of ratification
of the Algerian People's Republic of the abovenmentioned Protocol which appears in
the Depository Notification Ref. C.N.225.2004.TREATIES-3 of 12 March 2004, contains
a declaration with respect to the State of Israel.
The Government of the State of Israel considers that such declaration, which is explicitly
of a political nature, is incompatible with the purposes and objectives of the Protocol.
The Government of the State of Israel therefore objects to the aforesaid declaration
made by the Algerian People's Democratic Republic.
Andorra
21-09-2022
The Principality of Andorra considers that any dispute [concerning the interpretation or application of the Protocol] can only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute.
Australië
14-09-2005
The Government of Australia hereby declares that nothing in the Protocol shall be seen to be imposing obligations on Australia to admit or retain within its borders persons in respect of whom Australia would not otherwise have an obligation to admit or retain within its borders.
Azerbeidzjan
30-10-2003
Declaration:
The Republic of Azerbaijan declares that it is unable to guarantee the application
of the provisions of the Protocol in the territories occupied by the Republic of Armenia
until these territories are liberated from that occupation.
Reservation:
In accordance with paragraph 3 of Article 15 of the Protocol, the Republic of Azerbaijan
declares that it does not consider itself bound by paragraph 2 of Article 15.
Bahama's
26-09-2008
In accordance with Article 15 paragraph 3, the Commonwealth of The Bahamas enters a specific reservation to the procedure established under Article 15 paragraph 2 of the Protocol on the basis that referral of a dispute concerning the application or interpretation of the provisions of the Protocol to arbitration or to the International Court of Justice must be by consent of all the parties to the dispute.
Bahrein
07-06-2004
....the Kingdom of Bahrain does not consider itself bound by Paragraph 2 of Article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Woman and Children.
Bangladesh
12-09-2019
[…] subject to a Reservation to paragraph 2 of Article 15 of the Protocol.
België
12-12-2000
The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature.
Bhutan
20-02-2023
The Kingdom of Bhutan does not consider itself bound by … Article 15, paragraph 2 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime.
Bolivia
18-05-2006
The Republic of Bolivia declares that it does not consider itself bound by the provisions of paragraph 2 of article 15, which deals with the settlement of disputes concerning this Protocol.
Brunei
30-03-2020
Pursuant to paragraph 3 of Article 15 of the Protocol, the Government of Brunei Darussalam does not consider itself bound by paragraph 2 of Article 15 of the said Protocol.
China
08-02-2010
Reservation:
The People's Republic of China shall not bound by paragraph 2 of Article 15 of the
Protocol.
Declaration:
Unless otherwise notified by the Government, the Protocol shall not apply to the Hong
Kong Special Administrative Region of the People's Republic of China.
Colombia
04-08-2004
In accordance with article 15, paragraph 3, of the Protocol, Colombia declares that it does not consider itself bound by paragraph 2 of that article.
Cuba
20-06-2013
The Republic of Cuba declares that, in accordance with the provisions of Article 15,
paragraph 3 of the Protocol, it does not consider itself bound by the provisions of
paragraph 2 of that Article.
Denemarken
30-09-2003
With a territorial exclusion in respect of the Faroe Islands and Greenland.
Ecuador
17-09-2002
Exercising the powers referred to in article 15, paragraph 3, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the Government of Ecuador makes a reservation with regard to article 15, paragraph 2, relating to the settlement of disputes.
El Salvador
18-03-2004
With respect to the provisions of article 15, paragraph 3, the Government of the Republic of El Salvador declares that it does not consider itself bound by article 15, paragraph 2, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
Eritrea
25-09-2014
The State of Eritrea declares that it does not consider itself bound by the provisions of paragraph 2 of article 15, which deals with the settlement of disputes concerning this Protocol.
Ethiopië
22-06-2012
Ethiopia does not accept the jurisdiction of the International Court of Justice which is provided under Article 15(2) of the said Protocol.
EU (Europese Unie)
06-09-2006
Article 16 (3) of the Protocol to prevent, suppress and punish trafficking in persons,
especially women and children, provides that the instrument of ratification, acceptance
or approval of a regional economic integration organisation shall contain a declaration
specifying the matters governed by the Protocol in respect of which competence has
been transferred to the organisation by its Member States which are Parties to the
Protocol.
The Protocol to prevent, suppress and punish trafficking in persons, especially women
and children, shall apply, with regard to the competences transferred to the European
Community, to the territories in which the Treaty establishing the European Community
is applied and under the conditions laid down in that Treaty, in particular Article
299 thereof and the Protocols annexed to it.
This declaration is without prejudice to the position of the United Kingdom and Ireland
under the Protocol integrating the Schengen acquis into the framework of the European
Union and under the Protocol on the position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and the Treaty establishing the European Community.
This declaration is equally without prejudice to the position of Denmark under the
Protocol on the position of Denmark annexed to the Treaty on European Union and the
Treaty establishing the European Community.
Pursuant to Article 299, this declaration is also not applicable to the territories
of the Member States in which the said Treaty does not apply and is without prejudice
to such acts or positions as may be adopted under the Protocol by the Member States
concerned on behalf of and in the interests of those territories. In accordance with
the provision referred to above, this declaration indicates the competence that the
Member States have transferred to the Community under the Treaties in matters governed
by the Protocol. The scope and the exercise of such Community competence are, by their
nature, subject to continuous development as the Community further adopts relevant
rules and regulations, and the Community will complete or amend this declaration,
if necessary, in accordance with Article 16 (3) of the Protocol.
The Community points out that it has competence with regard to the crossing of external
borders of the Member States, regulating standards and procedures when carrying out
checks on persons at such borders and rules on visas for intended stays of no more
than three months.
The Community is also competent for measures on immigration policy regarding conditions
of entry and residence and measures to counter illegal immigration and illegal residence,
including repatriation of illegal residents. Moreover, it can take measures to ensure
cooperation between the relevant departments of the administrations of the Member
States, as well as between those departments and the Commission, in the aforementioned
areas. In these fields the Community has adopted rules and regulations and, where
it has done so, it is hence solely for the Community to enter into external undertakings
with third States or competent international organisations.
In addition, Community policy in the sphere of development cooperation complements
policies pursued by Member States and includes provisions to prevent and combat trafficking
in persons.
05-10-2022
This information concerns the modifications to the competences of the European Union
(‘EU’ or ‘Union’) with regard to matters governed by the United Nations Convention
against Transnational Organised Crime (UNTOC) and the Protocols thereto since the
entry into force of the Treaty of Lisbon.
With the entry into force of the Treaty of Lisbon, the powers of the European Union
that succeeded the European Community have changed. This change creates the legal
obligation to inform the depositary of the new competences and to specify the scope
and extent of the EC (now EU) competences, pursuant to Article 36(3) UNTOC, Article
21(3) of the Protocol against Migrant Smuggling, and Article 16(3) of the Protocol
against Trafficking in Persons. The information contained below supplements the information
contained in the notification of 8 March 2010 to the Secretary-General of the United
Nations, in his capacity as depositary of the UN conventions.
Notably, the UNTOC and its Protocols are mixed competence agreements. They contain
provisions that fall both within exclusive competence of the EU and within shared
competence jointly together with EU Member States.
The EU acquired new competences under Title V of the Treaty of the Functioning of
the European Union (Articles 82 and 83 TFEU). These new competences comprise important
aspects of judicial cooperation in criminal matters (including mutual recognition
of judicial decisions between EU Member States) and of police cooperation (Articles
87(2) and (3), and 89 TFEU). As regards substantive criminal law, competences under
Article 83(1) TFEU extend to particularly serious crime with a cross-border dimension,
including terrorism, trafficking in human beings and sexual exploitation of women
and children, illicit drug trafficking, illicit arms trafficking, money laundering,
corruption, counterfeiting of means of payment, computer crime and organised crime.
The EU has exercised its competence by legislating in most of these policy areas,
but also other policy areas that are relevant to the Convention and its Protocols,
including in relation to smuggling of migrants, environmental crimes and the freezing
and confiscation of assets. Furthermore, the EU has established bodies responsible
for investigating, prosecuting crimes against the Union’s financial interests.
The Union notes that it has also competence to counter fraud .and any other illegal
activities affecting the financial interests of the Union (Article 325 of the Treaty
on the Functioning of the European Union, and in relation to criminal matters, Article
83(2) TFEU), including in questions relating to anti-corruption. It has exercised
its competence in this area, notably with the establishment of the European Anti-Fraud
Office, and the adoption of detailed rules on aspects of the fight against illegal
activities affecting the financial interests of the Union.
The Union has also acquired the competence to establish the European Public Prosecutor’s
Office (EPPO) (Article 86 TFEU). Established with Regulation (EU) 2017/1939, the EPPO
is competent to investigate, prosecute and bring to judgment the perpetrators of,
and accomplices to, criminal offences affecting the Union’s financial interests, notably
money laundering involving property derived from such offences, fraud affecting the
Union’s financial interests, corruption that damages or is likely to damage the Union’s
financial interests, and misappropriation that damages such interests. The EPPO is
also competent for offences regarding participation in a criminal organisation as
defined in Framework Decision 2008/841/JHA, as implemented in national law, if the
focus of the criminal activity of such a criminal organisation is to commit any of
the above-mentioned offences affecting the Union’s financial interests.
In the areas mentioned above, it is for the Union alone to enter into international
agreements with other countries or competent international organisations if such undertakings
were to affect common rules or alter their scope.
In the sphere of development cooperation, the European Union has competence to carry
out activities and conduct a common policy. This includes support to partner countries
in the ratification and implementation of the United Nations Convention against Transnational
Organised Crime (UNTOC) and the use of provisions to combat cross-border crime in
agreements with partner countries. The exercise of this competence shall not prevent
Member States from exercising their competences. The Union’s development cooperation
policy and that of the Member States complement and reinforce each other.
Fiji
19-09-2017
Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 15.
Griekenland
11-01-2011
The Greek State ratifies Article 13 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, ... without prejudice to Articles 9A of the Constitution, 19(3) of the Constitution, 8(1) of the European Convention on Human Rights, 436-457 of the Code of Criminal Procedure and 352B of the Criminal Code, as added by Article Second (12) of Law 3625/2007 (Government Gazette 290A), Law 2472/1997, as amended by Articles 8 of Law 2819/2000 (Government Gazette 84A), 10 of Law 3090/2002 (Government Gazette 329A) and Eighth of Law 3625/2007, Law 3471/2006 (Government Gazette 133A) and Presidential Decree 47/2005 (Government Gazette 64A).
Indonesië
28-09-2009
Declaration:
... the Government of the Republic of Indonesia declares that the provisions of Article
5 paragraph (2) Sub-paragraph c of the Protocol will have to be implemented in strict
compliance with the principle of the sovereignty and territorial integrity of a state;
Reservation:
... the Government of the Republic of Indonesia conveys her reservation not to be
bound by the provision of Article 15 (2) and takes the position that dispute[s] relating
to the interpretation and application on the Protocol which have not been settled
through the channel provided for in Paragraph (1) of the said Article, may be referred
to the International Court of Justice only with the concern of all Parties to the
dispute;
Israël
29-03-2018
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational Organized
Crime, dated 15 November 2000, and has the honor to refer to the Palestinian request
to accede to this Protocol (Reference number C.N.794.2017.TREATIES-XVIII.12.a).
‘Palestine’ does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid Protocol both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize ‘Palestine’ as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider ‘Palestine’
a party to the [Protocol] and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel’s treaty relations under the
Protocol.
Laos
26-09-2003
In accordance with paragraph 3, Article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 15 of the present Protocol. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Protocol to arbitration or [the] International Court of Justice, the agreement of all parties concerned in the dispute is necessary.
Litouwen
23-06-2003
And whereas, it is provided in paragraph 3 of Article 15 of the Protocol, the Seimas of the Republic of Lithuania would like to declare that the Republic of Lithuania does not consider itself bound by paragraph 2 of Article 15, which provides that any State Party may refer any dispute concerning the interpretation or application of the said Protocol to the International Court of Justice.
19-12-2024
Withdrawal of reservation made upon ratification to
paragraph 2 of Article 15.
Malawi
17-03-2005
The Government of the Republic of Malawi in its efforts to curb and stamp out offences
related to trafficking in persons especially women and children has embarked upon
various social and legal reforms to incorporate obligations emanating from this Protocol
(Article 16 (4)).
Further, declares expressly its acceptance of Article 15 (2) on settlement of disputes
concerning interpretation and application of this Protocol.
The Competent Authority charged with the responsibility of coordinating and rendering
of mutual legal assistance is:
The Principal Secretary
Ministry of Home Affairs and Internal Security
Private Bag 331, Lilongwe 3, Malawi
Fax: 265 1 789509 Tel: 265 1 789 177
The Official Language of communication is English.
Maleisië
26-02-2009
1. (a) Pursuant to Article 15, paragraph 3 of the Protocol, the Government of Malaysia
declares that it does not consider itself bound by Article 15, paragraph 2 of the
Protocol; and
(b) the Government of Malaysia reserves the right specifically to agree in a particular
case to follow the arbitration procedure set forth in Article 15, paragraph 2 of the
Protocol or any other procedure for arbitration.
Micronesia
02-11-2011
In accordance with Article 15, paragraph 3, the Federated States of Micronesia declares that it does not consider itself bound by Article 15 paragraph 2 of the Protocol.
Moldavië
16-09-2005
In accordance with paragraph 3 of article 15 of the Protocol, the Republic of Moldova
does not consider itself bound by paragraph 2 of article 15 of the Protocol.
Until the full establishment of the territorial integrity of the Republic of Moldova,
the provisions of the Protocol will be applied only on the territory controlled by
the authorities of the Republic of Moldova.
Myanmar
30-03-2004
The Government of the Union of Myanmar wishes to express reservation on Article 15 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Protocol to the International Court of Justice.
Nepal
16-06-2020
In accordance with Article 15 (3), the Government of Nepal declares that it does not consider itself bound by the obligation set forth in Article 15 (2).
Nieuw-Zeeland
19-07-2002
.....consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.....
Oekraïne
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Convention], as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the [Convention] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
04-03-2022
… Ukraine … is unable to guarantee full implementation of its obligations [under the above Protocol] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.
20-11-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted, or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...
Oezbekistan
12-08-2008
The Republic of Uzbekistan does not consider itself bound by provisions of paragraph 2 of article 15 of this Protocol.
Pakistan
04-11-2022
1. In accordance with paragraph 3 of Article 15, the Government of Islamic Republic
of Pakistan declares that it does not considers itself bound by the obligation set
forth in paragraph 2 of Article 15.
2. The Government of Islamic Republic of Pakistan hereby declares that nothing in
the Protocol shall be seen to be imposing obligations on Pakistan to admit or retain
within its borders persons in respect of whom Pakistan would not otherwise have an
obligation to admit or retain within its borders.
Palestina
18-03-2019
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.183.2018.TREATIES-XVIII.12.a,
dated 4 April 2018, conveying a communication of Israel regarding the accession of
the State of Palestine to the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime, 15 November 2000.
The Government of the State of Palestine regrets the position of Israel and wishes
to recall the United Nations General Assembly resolution 67/19 of 29 November 2012
according to which Palestine was accorded a ‘Non-member Observer State status in the
United Nations’. In this regard, Palestine is a State recognized by the United Nations
General Assembly on behalf of the international community.
As a State Party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, 15 November 2000, which entered into force on 2[8]
January 2018 for the State of Palestine, the State of Palestine will exercise its
rights and honor its obligations with respect to all States Parties. The State of
Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
18-03-2019
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.186.2018.TREATIES-XVIII.12.a,
dated 4 April 2018, conveying a communication of the United States of America regarding
the accession of the State of Palestine to the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, 15 November 2000.
The Government of the State of Palestine regrets the position of the United States
of America and wishes to recall the United Nations General Assembly resolution 67/19
of 29 November 2012 according to which Palestine was accorded a ‘Non-member Observer
State status in the United Nations’. In this regard, Palestine is a State recognized
by the United Nations General Assembly on behalf of the international community.
As a State Party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, 15 November 2000, which entered into force on 28 January
2018 for the State of Palestine, the State of Palestine will exercise its rights and
honor its obligations with respect to all States Parties. The State of Palestine trusts
that its rights and obligations will be equally respected by its fellow States Parties.
Qatar
29-05-2009
First - The State of Qatar has reservations on the following:
1. Paragraph 3(d) of Article 6, which reads: "Employment, educational and training
opportunities".
2. Paragraph 1 of Article 7, which states that: "each State Party shall consider adopting
legislative or other appropriate measures that permit victims of trafficking in persons
to remain in its territory, temporarily or permanently, in appropriate cases".
Second - The State of Qatar declares that it does not consider itself bound by the
provisions of
Paragraph 2 of Article 15 which deals with the issue of settlement of disputes concerning
the
interpretation or application of this Protocol.
Saudi-Arabië
20-07-2007
... the Government of the Kingdom of Saudi Arabia does not consider itself obligated to paragraph 2 of article 15 of the Protocol.
Singapore
28-09-2015
The Government of the Republic of Singapore declares that nothing in the Protocol
shall impose obligations on Singapore to admit or retain within its territory, persons
in respect of whom Singapore would not otherwise have an obligation to admit or retain
within its territory.
Pursuant to Article 15, paragraph 3 of the above-mentioned Protocol, the Government
of the Republic of Singapore does not consider itself bound by Article 15, paragraph
2 of the said Protocol.
Sri Lanka
15-06-2015
… [T]he Government of the Democratic Socialist Republic of Sri Lanka does not consider itself bound by paragraph 2 of Article 15 as provided for in paragraph 3 of Article 15.
Syrië
08-04-2009
Reservation:
The Syrian Arab Republic expresses reservations with respect to the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children, article
7, paragraph 1, and article 15, paragraph 2.
Declaration:
....The Government of the Syrian Arab Republic interprets the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children, article
6, paragraph 3, subparagraph (a), as follows: "Appropriate housing" means "ensuring
appropriate temporary shelter for victims of trafficking in persons until such time
as they are returned to their countries".
Thailand
17-10-2013
[I]n accordance with paragraph 3 of Article 15 of the Protocol, the Kingdom of Thailand
does not consider itself bound by paragraph 2 of the same Article.
Tunesië
14-07-2003
In ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on 15 November 2000, declares that it does not consider itself bound by article 15, paragraph 2, of the Protocol and affirms that disputes concerning the interpretation or application of the Protocol may be referred to the International Court of Justice only after it has given its prior consent.
Verenigde Arabische Emiraten
21-01-2009
.....the Government of the United Arab Emirates.....formally accedes thereto, with a reservation to article 15, paragraph 2, concerning arbitration. It does not therefore consider itself bound by article 15, paragraph 2.
Verenigde Staten van Amerika
03-11-2005
(1) The United States of America reserves the right not to apply in part the obligation
set forth in Article 15, paragraph 1 (b), of the United Nations Convention Against
Transnational Organized Crime with respect to the offenses established in the Trafficking
Protocol. The United States does not provide for plenary jurisdiction over offenses
that are committed on board ships flying its flag or aircraft registered under its
laws. However, in a number of circumstances, U.S. law provides for jurisdiction over
such offenses committed on board U.S. - flagged ships or aircraft registered under
U.S. law. Accordingly, the United States will implement paragraph 1 (b) of the Convention
to the extent provided for under its federal law.
(2) The United States of America reserves the right to assume obligations under this
Protocol in a manner consistent with its fundamental principles of federalism, pursuant
to which both federal and state criminal laws must be considered in relation to conduct
addressed in the Protocol. U.S. federal criminal law, which regulates conduct based
on its effect on interstate or foreign commerce, or another federal interest, such
as the Thirteen Amendment's prohibition of "slavery" and "involuntary servitude,"
serves as the principal legal regime within the United States for combating the conduct
addressed in this Protocol, and is broadly effective for this purpose. Federal criminal
law does not apply in the rare case where such criminal conduct does not so involve
interstate or foreign commerce, or otherwise implicate another federal interest, such
as the Thirteenth Amendment. There are a small number of conceivable situations involving
such rare offenses of a purely local character where U.S. federal and state criminal
law may not be entirely adequate to satisfy an obligation under the Protocol. The
United States of America therefore reserves to the obligations set forth in the Protocol
to the extent they address conduct which would fall within this narrow category of
highly localized activity. This reservation does not affect in any respect the ability
of the United States to provide international cooperation to other Parties as contemplated
in the Protocol.
(3) In accordance with Article 15, paragraph 3, the United States of America declares
that it does not consider itself bound by the obligation set forth in Article 15,
paragraph 2.
Understanding:
The United States of America understands the obligation to establish the offenses
in the Protocol as money laundering predicate offenses, in light of Article 6, paragraph
2 (b) of the United Nations Convention Against Transnational Organized Crime, as requiring
States Parties whose money laundering legislation sets forth a list of specific predicate
offenses to include in such list a comprehensive range of offenses associated with
trafficking in persons.
29-03-2018
The United States Mission to the United Nations presents its compliments to the Executive
Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s
depositary notification C.N.794.2017.TREATIES-XVIII.12.a, dated January 2, 2018, regarding
the purported accession of the ‘State of Palestine’ to the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime, done at New York
November 15, 2000 (the Protocol), for which the Secretary-General of the United Nations
is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’
qualifies as a sovereign State and does not recognize it as such. Accession to the
Protocol is limited to sovereign States and regional economic integration organizations.
Therefore, the Government of the United States of America believes that the ‘State
of Palestine’ is not qualified to accede to the Protocol and affirms that it will
not consider itself to be in a treaty relationship with the ‘State of Palestine’ under
the Protocol.
Vietnam
08-06-2012
The Socialist Republic of Viet Nam does not consider itself bound by paragraph 2 of Article 15 of this Protocol.
Zimbabwe
13-12-2013
The Government of the Republic of Zimbabwe hereby declares that it enters a reservation
to Article 15 (2) which provides that where Parties fail to resolve their dispute
through arbitration any Party may refer the dispute to the International Court of
Justice.
Zuid-Afrika
20-02-2004
And whereas pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 15 (2) of the Protocol which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Protocol. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case.