Race, Racism and the Law
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191. Trafficking in persons is a form of racism that is recognized as a contemporary form of slavery and is aggravated by the increase in racism, racial discrimination, xenophobia and related intolerance. The demand side in trafficking is created by a globalized market, and a patriarchal notion of sexuality. Trafficking happens within and across boarders, largely in conjunction with prostitution.
192. Women and children are especially vulnerable to trafficking, as the intersectionality of gender, disability, race and other forms of discrimination leads to multiple forms of discrimination.
193. Trafficking in persons must always be dealt with not purely as a law enforcement issue but within a framework of respect for the rights of trafficked persons.
Programme of Action
461. We call on governments to address their accountability in the growth of sex tourism and to take measures to prevent trafficking in persons and sexual exploitation, and to promote and ensure effective legal remedies.
462. We call on governments to recognize the long-term psychological harms of trafficking and channel resources for the support of victims including counselling, education, health, shelter, voluntary repatriation/resident status and live hold.
463. We call on all states and governments to address the different treatment of trafficked persons, especially women and children of marginalized groups, in terms of protection, recognizing that trafficked persons experience multiple discrimination.
464. We call on all states and governments to ratify and implement all international and regional instruments relevant to trafficking in persons, and enact and implement national legislation, making consent of victims irrelevant, targeting and prosecuting all actors who profit and gain from trafficking to prostitution, including buyers.
465. We call on all states and governments to recognize the accountability of military forces in trafficking, particularly in the U.S. bases and the U.N. peacekeeping forces.
466. We call on all states to establish policies to limit and monitor the activities of non-states agencies such as recruitment agencies.
467. Implement policies and the necessary legislation prohibiting trafficking of persons. These policies should:
· Be developed as regional policies;
· Provide the appropriate resource allocation for enforcement;
· Pay particular attention to the trafficking of children, women for sexual exploitation, debt bondage and exploitative working conditions;
· Assist the victims of trafficking; and
· Elaborate harsh punitive measures for trafficking syndicates
· Ratify the UN Trafficking Protocol, attached to the main convention on transnational organized crime, Stockholm agenda for action (Addressing sexual Exploration of Children)
Race, Racism and American Law (1993).