Embassy of the United States

Anti-Trafficking in Persons

Dr. Mohamed Mattar Remarks on the Anti-trafficking Law of the Russian Federation Presented to the State Duma of the Russian Federation

Moscow
November 29, 2004

Mohamed Mattar, S.J.D, Adjunct Professor of Law and Co-Director of the Protection Project at John Hopkins University School of Advanced International Studies, The Protection Project

Dear members of the State Duma of the Russian Federation:

The Russian Federation has taken significant steps in that direction. The Russian Criminal Code has recognized trafficking in persons as a serious crime in Article 127-1 and the Draft Law On Countering Trafficking in Persons, if passed, will provide a comprehensive and effective response to the problem of trafficking in persons.

Consequently, my remarks to you today attempt to present an argument in favor of the passage of the Draft Law.

It is encouraging that Russia has ratified in May 2004 the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Russia has also ratified in March 2003 the International Labor Organization Convention 182 on the Worst Forms of Child Labor, International Labor Organization Convention 105 on the Abolition of Forced Labor, the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery.

However, combating trafficking in persons and other forms of exploitation requires Russia to also ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Russia has not signed the Convention on the Protection of the Rights of All Migrant workers and Members of their Families.

Recognition of trafficking I person as a serious crime. The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children [hereinafter 'UN Protocol'] defines three main international obligations that each state must fulfill in order to effectively combat trafficking in persons. These are: recognizing trafficking in persons as a specific and serious crime, undertaking measures with respect to prevention of trafficking in persons, providing protection for the victims of trafficking in person.

The very first obligation placed upon the state by the UN Protocol is that the state must recognize trafficking as a specific and serious crime. In order to fulfill this obligation, the first step that the state must undertake is to define what actions constitute trafficking. Article 3 of the UN Protocol adopts a broad definition, an expansive view of what is recognized as "trafficking in persons" and provides that

"[t]rafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

The same article further defines the exploitation, as the purpose of trafficking, to include, "at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor, or services, slavery, or practices similar to slavery, servitude, or the removal of organs…." Trafficking, thus broadly defined, must be recognized as a crime. To this end, the UN Protocol provides, in Article 5, that "[e]ach state party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol…." Therefore, a state must recognize trafficking in all its forms as a specific offense.

A broad definition of trafficking in persons under Article 127-1 of the Russian Criminal Code. The Russian Federation fully complies with the United Nations mandate to criminalize trafficking in persons. Article 127-1 of the Criminal Code of Russia, which entered into force on December 16, 2003 defines trafficking in persons broadly to include "the buying - selling of a person or other actions committed for the purpose of such person's exploitation in the form of recruitment, transportation, transfer, harboring, or receipt of such person."

Exploitation is defined broadly for the purpose of this article as "the exploitation of the prostitution of others and other forms of sexual exploitation, use for slave labor (services), involuntary servitude, as well as the removal of organs or tissues of another."

i) Article 127-1 does not require force as an illegal means for the commission of the crime. Use or threat of force merely constitute and aggravated circumstance that enhances the penalty from a term of imprisonment of up to 5 to a term of imprisonment of 3 to 10 years.

ii) Article 127-1 does not require transnationality for the commission of the crime. "Transferring a victim across the state borders" only enhances the penalty from a term of imprisonment of up to 5 years to a term of imprisonment of 3 to 10 years.

iii) Article 127-1 does not require the involvement of organized criminal group for the commission of the crime. However, if the act is "committed by an organized group," the penalty may be enhanced to a term of imprisonment of 8 to 15 years.

Judicial interpretation of Article 127-1 of the Russian Criminal Code. However, in practice an expansive interpretation of Article 127-1 by Russian judges is required so that the Article can be considered consistent with Article 3 of the UN Protocol.

i) "Buying – selling," i.e. sale of a person is not to be required since the Article refers also to "other actions." In other words, trafficking in persons does not necessarily require "trade."

ii) "Other forms of sexual exploitation" may include pornography. It has been reported that children are trafficked internally and from former Soviet republics to large cities, particularly Moscow and St. Petersburg, for various forms of commercial sexual exploitation. Experts estimate that 70 percent of prostitutes in Russia enter prostitution at the age of 14-15 and that encouragement into prostitution of minor girls from rural areas or provincial towns is a growing trend. Furthermore, Russia has been cited as having become a major world producer of child pornography. Moscow and St. Petersburg are the main centers for child pornography production. Tens of thousands of children are involved in the production of Russian pornography. Criminal networks manage production and distribute the material, mainly to the West. Child pornography is usually produced by small groups of criminals: a cameraman, an agent to recruit children and a distributor. Some child pornography operations disguise themselves as educational or fitness centers.

iii) "Other forms of sexual exploitation" may also include mail-order brides.
Since the fall of Communism, Russian women seeking a better life have been willing to marry abroad, generating a profitable business for hundreds of marriage agencies and Internet matchmaking services. With a reputation for being more attached to family values and less career-oriented than their Western counterparts, Russian women attract many foreign men.

The industry of marriage bureaus specializing in matching would-be Russian brides and single Western men has expanded rapidly throughout Russia. Over the past decade, some 75,000 women have left Russia just to marry American men. There is much cross-border travel between Norway and Russia by men and women for the purpose of marriage. The operator of a "marriage camp" brings Russian women into Norway on tourist visas. Norwegian men then come to the marriage camp to meet and select a woman.

To address such issues, for example, the 2003 Anti-trafficking law of the Philippines under Section 4 defines "acts of trafficking in persons" to include "to offer or contract marriage, real or simulated, for the purpose of the acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.

In addition to the possibility of prosecuting a case of mail-order brides as a case of trafficking, the Russian legislator may like to consider regulating the matchmaking organization business for the mail-order bride industry by imposing certain obligations on matchmaking organizations.
For example, Section 652 of the United States Illegal Immigration Reform and Immigrant Responsibility Act of 1996 imposes upon the matchmaking organizations an obligation to inform the prospective bride "upon recruitment, such immigration and naturalization information as the Immigration and Naturalization Service deems appropriate, in the recruit's native language, including information regarding conditional permanent residence status and the battered spouse waiver under such status, permanent resident status, marriage fraud penalties, the unregulated nature of the business engaged in by such organizations, and the study required under subsection (c)."
Additionally, a pending bill in the US Congress titled the International Marriage Broker Act requires the marriage broker to provide information on the client's criminal record for homicide, rape, assault, sexual assault, kidnap, and child abuse or neglect. The bill also requires the marriage broker to provide information on the marital history, including "if the person is currently married, if the person has previously been married and how many times, how previous marriages were terminated and the date of termination, and if the person has previously sponsored an alien to whom the person has been engaged or married."

iv) "Other forms of sexual exploitation" may also include sex tourism. Child sex tourism occurs mainly in St. Petersburg and the north-Western region of Russia, especially from Scandinavian countries. Finnish men can cross the border into Russia and buy the services of women and girls in prostitution for much cheaper than in Finland. Norwegian men visit Murmansk, a Russian Arctic port, for sex with children.

The United States "Prosecutorial Remedies and Other Tools to end the exploitation of Children Today Act of 2003" or "PROTECT ACT" criminalizes traveling for the purpose of engaging in illicit sexual activities with a child. Punishment for such offence is imprisonment for a term up to 30 years.

The 2003 anti-trafficking law of the Philippines defines "acts of trafficking in persons" in Section 4 to include "to undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography, or sexual exploitation.

The Australian law holds liable those who "encourage, advertise, benefit from, or assist a person to travel for sex tourism." The punishment for the offender is imprisonment for a term of 17 years.

The Colombian law provides that "any person who directs, organizes or promotes tourist activities that includes sexual use of minors shall be punished by imprisonment of 3 to 8 years."

The United State Trafficking Victims Protection Reauthorization Act addresses sex tourism in the context of prevention by providing that "the President, pursuant to such regulations as may be prescribed, shall (A) require that airlines organized under the laws of the United States and other airlines operating in the United States develop and disseminate materials alerting travelers that sex tourism (as defined in section 2423(c-e) of title 18, United States Code) is illegal, will be prosecuted, and presents dangers to those involved, and (B) encourage such airlines to work with nongovernmental organizations in developing these materials. Such materials may include, for example, brochures, public service announcements, and billboards."

v) Unlike Article 3 of the UN Protocol, although Article 127-1 covers slave labor (services), it omits any reference to "slavery or practices similar to slavery." Consequently, involuntary servitude must be interpreted to include instances that may be considered "slavery or practices similar to slavery," such as trafficking for illicit inter-country adoption. It is noteworthy that Article 19 of the Russian draft Law on Countering Trafficking in Persons defines exploitation to include "slavery, or conditions similar to slavery."

The principle of non-criminalization of the acts of the trafficked victim. While the principle of non-criminalization naturally applies to the victim of the crime, the Russian legal system extends the doctrine to the trafficker as well. Article 127-1 of the Russian Criminal Code, which states that a person can be excluded from criminal liability when he/she commits a crime of trafficking for the first time, voluntarily frees the victim and assists in the exposure of the crime of trafficking. This is a novel approach which, I believe, in the final analysis helps the victims.

Nonetheless, it is essential that the Russian Criminal Law adopts the principle of non-criminalization of the acts of victims of trafficking. The non-criminalization principle is important because the acts of victims of trafficking usually involve illegal acts, be it prostitution, illegal entry, unauthorized work, fraud or other types of illegal activities.

A good example is provided by the United Nations Regulation No 2002/4 on the Prohibition of Trafficking in Persons in Kosovo. The UN Regulation states that "a person is not criminally responsible for prostitution or illegal entry, presence or work in Kosovo, if that person provides evidence that supports a reasonable belief that he or she was the victim of trafficking."

Another good example is provided by Section 208 of the United States Department of Justice Model Law to Combat Trafficking in Persons of March 2003. This Section, titled Victim Immunity [Exemption] from Prosecution, states that "a victim of trafficking is not criminally liable for any migration related offense, prostitution, or any other criminal offense that has been a direct result from being trafficked."

Necessary measures to prevent trafficking in persons. However, compliance with the United Nations Protocol requires a state not only to criminalize trafficking in persons, but to provide the necessary measure to prevent the act of trafficking and to protect the victims of trafficking.

Another international responsibility of the state is to undertake measures with respect to prevention of trafficking in persons. The UN Protocol provides that "State Parties shall establish comprehensive policies, programs and other measures: (a) to prevent and combat trafficking in persons…." Such measures include, but are not limited to, "research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons." In addition, these measures should include steps "to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity." As a part of preventing trafficking, a state must also educate potential victims of trafficking as to the dangers of trafficking. The state must initiate informative campaigns targeting the "vulnerable" groups or "high risk" groups within society.

All of these constitute necessary preventive measures that a state is obligated to enact as a part of its international obligations. Consequently, failure of the government, or its inaction, in preventing trafficking in persons constitutes a violation of its obligations under international law.

Since the function of the criminal code is merely to proscribe a crime and provide for punishment for such a crime, a more comprehensive law is needed to address prevention and protection. I believe that the Draft Law on countering Trafficking in Persons, if passed, could be such a comprehensive law.

The Draft Law in Article 21 adequately provides for preventive measures against trafficking in persons, including "enhancing public awareness about dangerous situations to which potential victims may become exposed." It is my contention that these public awareness programs should warn not only about the danger of trafficking but about the harm of prostitution as well.

My understanding of a public awareness program in the context of trafficking in persons is consistent with the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, which the Russian Federation is a party to. The 1949 Convention considers prostitution as " incompatible with the dignity and the worth of the human person and endanger the welfare of the individual, the family and the community." Article 16 of the 1949 Convention provides that states must take "measures for the prevention of the prostitution."

Conducting research on anti-trafficking issues: what are the areas of most concern. The Draft Law in Article 21 also calls for "conducting research on anti-trafficking issues."

One of the areas that I believe should be subject to research is the scope of the problem of trafficking in persons in Russia, particularly the methodologies to identify victims of trafficking and to reach vulnerable populations in order to effectively prevent cases of trafficking.

According to a May 2003 statement from the United Nations, Russia is the most frequently named country of origin for victims of trafficking. Russian women have been trafficked to 40-50 countries around the world, including most European countries, North America, and parts of Asia and the Middle East. Destinations for trafficked Russian women and children include: Europe (most western European countries, Central European countries, the Balkans, Cyprus, Turkey); Africa (South Africa); North America (the United States, Canada, Mexico); Asia (Pakistan, Macau, Japan, China, South Korea, Hong Kong, Thailand, Taiwan, Malaysia); the Pacific (Australia, New Zealand, Northern Mariana Islands); the Middle East (Egypt, Lebanon, Saudi Arabia, Israel, UAE, Syria, Qatar, Bahrain); the former Soviet Union (Georgia, Uzbekistan, Lithuania, Azerbaijan, Ukraine, Moldova); and Central America (Costa Rica).

The number of women and children who have become victims of trafficking is unknown, but it is estimated to be in the tens of thousands, possibly the hundreds of thousands. One organization estimates that at least 3,500 Russian women become sex slaves abroad every year.

Another area, which should be considered in research, is the link between trafficking and AIDS. There have been reports that the increasing prostitution and drug use have resulted in more cases of AIDS in Russia The head of Russia's venereal diseases institute called for the legalization of prostitution to control the rise in sexually transmitted disease among the prostitutes in Russia. I believe that legalization of prostitution is not the appropriate response to the problem of trafficking in persons or the related health risks such as AIDS.

Domestic violence is another area that requires research, as it is linked to prostitution and trafficking. Domestic violence is frequently a reason why children run away from home, and these victims to abuse are especially vulnerable to being recruited for prostitution and trafficking.

An international obligation to protect victims of trafficking. A state is also under international obligation to protect the victims of trafficking. The UN Protocol calls upon the state parties to protect the privacy and identity of victims of trafficking in persons "[i]n appropriate cases and to the extent possible under [their] domestic law…." This can include "making legal proceedings relating to such trafficking confidential." Further, it calls upon the state parties to "consider implementing measures to provide for the physical, psychological, and social recovery of victims of trafficking in persons…." Finally, the UN Protocol provides that the state parties should "endeavor to provide for the physical safety of [such] victims…," provide for "legal … measures that offer victims of trafficking in persons the possibility of obtaining compensation for damages suffered[,]" and "consider" granting a victim of trafficking residency status.

This obligation to protect the victims of trafficking in persons implies that states must treat a trafficked person as a victim, not as a criminal. As I mentioned earlier, this means that states must not criminalize the act of the trafficked person and should not penalize the victim for illegal acts, such as illegal immigration or prostitution, as long as these acts have been committed in relation to the act of trafficking itself. It also means that states should not summarily deport the victims of trafficking; instead, they should consider granting them a residency status.

Granting a victim of trafficking an immigration status. The Draft Law provides for several mechanisms that may be available for a victim of trafficking to acquire an immigration status in Russia, including asylum [Article 24], temporary stay [Article 31(2)], and residency permit [31(3)].

These are important means that the Draft Law properly provides for specially that Russia is a destination country for trafficking of women and children primarily from former Soviet republics such as Belarus, Ukraine, Tajikistan, Lithuania, Georgia, Kazakhstan, Armenia, Kyrgyz Republic, Azerbaijan, Uzbekistan, Moldova. Some Armenian women have traveled to Turkey or even UAE via Georgia, and to Poland or UAE via Russia. Kazakh women have been trafficked to Turkey via Russia (the city of Adler).

Consequently, Article 31(3) of the Draft Law should be broadly interpreted to accomplish its goal of providing assistance to victims of trafficking that are foreigners. I am referring here to the conditions specified in Article 31 that require the victim of trafficking to assist investigative agencies in exposing the trafficker. It should be clear that "assistance" does not necessarily include testifying although the Russian Law recently provided for witness protection that may be applicable in cases of trafficking in persons.

The language used by the United States Trafficking Victims Protection Act makes that clear by only requiring that the victim of trafficking shows willingness to comply with the reasonable request to assist in the investigation or prosecution of a case of trafficking.

Similarly, a victim centered approach dictates that "refusal to cooperate" under Article 31(4) should be carefully interpreted especially that in many cases of trafficking a victim of trafficking in persons has no travel documents so that such a victim would not be denied relief because of fear of reprisal or intimidation.

The victim and the "derivative victim." Here I would like to draw attention to the importance of considering the application of "the derivative victim" doctrine when it is appropriate to extend assistance to members of the victim's family.

The Draft Law provides for the right of a victim of trafficking to confidentiality [Article 28]. This right must also apply to the derivative victim.

Perhaps it would be a good idea to define a victim of trafficking to include a derivative victim under the definition of Article 2 of the Draft Law.

Article 2 of the Draft Law defines a victim of trafficking in persons as "any person who has suffered from trafficking in persons." The concept of a victim of trafficking as a victim of a crime has been defined by the U.N. Declaration of the Basic Principles of Justice for Victims of Crimes of 1985, which states that victims are "persons who, individually or collectively, have suffered harm including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within member states." The Draft may consider incorporating this definition.

A model of victim compensation. The Draft Law does not explicitly provide for the right of a victim of trafficking for civil compensation. However, I believe that Article 16 of the Draft law provides an excellent model for distribution of proceeds received from confiscation of assets. Article 16(5) states that such proceeds may be used to pay "compensation, restitution and damages" to victims of trafficking. Article 16(5) further allows for using these proceeds to finance anti-trafficking institutions, law enforcement agencies, as well as programs designed to assist victims of trafficking.

Cooperation with non-governmental organizations: completing the five Ps. Providing funding for "special institutions engaged in ….. countering trafficking in persons" is imperative if we are serious about combating trafficking in persons.

The UN Protocol provides: "[e]ach State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society." The Protocol also provides that "policies, programmes and other measures established in accordance with [Article 9] shall, as appropriate include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society." These provisions, obviously, established an international obligation on state parties to cooperate with non-governmental organizations.

I am encouraged by the approach taken by the Russian Draft Law that provides in article 10(3) that the proposed Federal Interdepartmental Commission to Counter Trafficking in Persons shall comprise of the representatives of the non-governmental organizations.

So the Draft Law does not merely provide for consultation with non-governmental organization, it provides for their participation. This completes the five Ps approach which I advocate in combating trafficking in persons, namely prevention, protection, provision, prosecution, participation.

The issue of demand: liability of the natural person. The Draft Law, while targeting the main actors in the trafficking enterprise, is silent as to the liability of the purchaser of sexual service and the issue of demand.

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, has recognized this link between demand and trafficking.

Article 9(5) of the Protocol addresses the issue of demand as an issue of prevention. It states that "states Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters exploitation of persons, especially women and children, that leads to trafficking."

Few legal systems comply with this mandate. The 1998 Swedish law on the Prohibition of Purchase of Sexual Services criminalizes only the purchase, and the attempted purchase, of casual sexual services, while selling sex is not considered a crime.

The Swedish law provides that "a person who obtains casual sexual relations in exchange for payment shall be sentenced-unless the act is punishable under the Swedish Penal Code-for the purchase of sexual services to a fine or imprisonment for at most six months." In addition, attempts to purchase sexual services are punishable under Chapter 23 of the Swedish Penal Code.

Similar laws have been enacted in Norway and Finland. However, both laws only criminalize buying sexual services from a person under the age of 18.

In some legal systems knowledge of trafficking makes the customer liable. This approach is adopted by Article 418-a of the Criminal Code of Macedonia which provides that "[t]he one that uses or enables another person's usage of sexual service from the person for whom he knows are victims of human trafficking will be punished with imprisonment from six months up to five years."

The Criminal Code of Croatia follows the Macedonian model of criminalizing the act of the customer if he or she has knowledge that the person in prostitution has been trafficked.

Liability of the legal person: A Code of conduct for corporations. Further, I would like to draw a distinction between natural persons and legal persons. Any effective legal response to trafficking in persons must address not only the liability of a natural person, but also the legal person or the corporate person that facilitates such acts. Travel agencies, employment agencies, adoption agencies, matchmaking organizations, advertisement agencies, hotels, restaurants, bars, taxi companies and sex operators must all be criminally liable for any illicit activity.
The liability of sex operators including, strip clubs, massage parlors, escort services, should not be limited to compliance with residential zoning regulations. Instead, nuisance/tort liability should be combined with criminal liability in examining the legitimacy of sex operators. Sex operators who abuse their employees or force them to engage in illicit sexual activities should be fined, have their business license revoked, or be forced to close their business.

The July 2002 European Council Framework Decision on Trafficking in Persons calls upon countries to provide for liability of legal persons. The UN Protocol explicitly addresses the liability of commercial carriers "including any transportation companies or the owner or operator of any means of transport" [Article 11(3)]. Article 10 of the Convention Against Transnational organized Crime

Corporations that are involved in such illegal acts must be held accountable. International standards prohibiting involvement of corporations in human rights violations must be fully respected. In particular the proposed United Nations Code of Conduct for Companies, bans use of "slave and forced or compulsory labor." It states that "[e]mployees shall be recruited, paid, and subjected to other working conditions so as to avoid debt bondage or other forms of slavery and shall have the option to leave employment and the employer must facilitate such departure by providing all the necessary documentation and facilitation."
The proposed United Nations Code of Conduct of Companies states that companies should not "allow any person under the age of 18 to work under conditions which have been identified by the ILO convention as the worst forms of child labor. For example, which are likely to harm the health and safety of children, or interfere with the physical, mental, spiritual, moral or social development of a child."
For the first time, international treaty law establishes the liability of corporations for illegal activities in connection with organized criminal groups. Under Article 10 of the United Nations Convention against Transnational Organized Crime, countries must establish liability of the legal person: "Each State Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in serious crimes…" "the liability of the legal persons may be criminal, civil or administrative," and "shall be without prejudice to the criminal liability of the natural persons who have committed the offenses."

The Draft Law makes it clear that it applies not only to the private person, but the legal person as well. I am referring here to article 2(15) which defines a trafficker as 'any individual, or legal entity, which either independently or in a group of persons performs actions related top trafficking in persons."

The Russian law adequately confronts public corruption in the context of trafficking. I would also like to draw a distinction between the public person and the private person. While the trafficking act, whether the act of "recruitment, transportation, harboring or receipt of persons" [UN Protocol, Article 3(a)] may be committed by a private individual or group, many cases involve a public official, an immigration officer, a law enforcement agent, a border patrol officer or other officials who facilitate the act of trafficking or refrain from prosecuting such an act. In such cases, an anti-trafficking law must render such an act a crime and provide for an enhanced penalty for such crime.

The United Nations Convention against Transnational Organized Crime criminalizes the corruption of public officials [Article 8] and requires that "Each state party shall adopt such legislative and other measures as may be necessary to establish as criminal offenses, when committed intentionally: (a) the promise, offering, or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; (b) the solicitation or acceptance by a public officials, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties." The Convention further requires that State Parties shall "adopt legislative, administrative or other effective measures to promote integrity and to prevent, detect and punish the corruption of public officials" [Article 9].
Some anti-trafficking laws explicitly consider public corruption in the context of trafficking. For instance, the Criminal Code of Moldova recognizes not only "abuse of power" but "abuse of office" as an illegal mean which give rise to an enhanced penalty [Article 113/2].

Article 127-1 addresses the issue of corruption by making it an aggravated circumstance that enhances the penalty in cases of trafficking. The Article 127-1 explicitly provides that if the act of trafficking is "committed by a person through his official position," the penalty shall be a term of imprisonment of 5 to 10 years.

The Draft Law also covers the issue of corruption in several ways. First, by defining illegal means of trafficking to include not only "abuse of power," but also "by means of bribery, in the form of payment of benefits." Second, by defining a trafficker to include "any executive official who by the action thereof assists trafficking in persons, or equally fails to oppose or counter it although he/she is obliged to do so by virtue of his/her official powers."

The three Exs: extraterritoriality, extradition, and exchange of information. Any effective legal response to the problem of trafficking in persons should not only follow the five Ps approach which I mentioned earlier, it also has to take into consideration the three Exs, extraterritoriality, extradition, and exchange of information.

The Draft Law allows for the application of the anti-trafficking law on extraterritorial bases by providing for prosecution of cases of trafficking that have been "conducted outside the Russian Federation, but have inflicted damage to Russian citizens or the Russian Federation."

Combating trafficking as a transnational crime would also require expanding the scope of the offense of money laundering from one solely related to goods arising from illicit-drug trafficking, to one related to all proceeds derived from trafficking in persons and other serious crimes. An anti-money laundering law must authorize the seizure of proceeds from prostitution, trafficking in persons, or other illegal activities.

The Russian Criminal Code in Article 174 adequately covers Legalization of Money (Money-Laundering) or of Any Assets Acquired Illegally and provides for serious punishment for those who are involved in the crime of money laundering.

However, the Draft Law is silent as to extradition. Trafficking in persons must be recognized as an extraditable offence.

For example in Cyprus, trafficking in persons and sexual exploitation of children are deemed as extractable offenses under the Extraction of Fugitive Law No 97 of 1970 (Article 13 of the Combating of Trafficking in Persons and Sexual Exploitation of Children Law of 2000).

Under the United Nations Convention against Transnational Organized Crime, it is interesting to note that in Article 16(4) if a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider the Convention the legal basis for extradition in respect of any offence to which this article applies.

The Draft Law also provides for exchange of information. Under Article 7, "the Russian Federation and its competent authorities shall cooperate on issues of countering trafficking in persons with foreign states and their competent authorities, and with the international organizations that combat trafficking in persons and assist in the protection of the rights of victims of trafficking in persons."

In conclusion I believe that if we read Article 4 of the Draft Law that explain the purposes of countering the trafficking in persons, one must conclude that the Draft Law should be the law in force in the Russian Federation, especially that the Draft Law aims at not only protecting the state against the trafficking in persons but also "the individual," "the public." Thus, the Draft law incorporates the concept of the human security in its legal response to trafficking in persons. This approach should be applauded since trafficking in persons should be recognized as a threat not only against the state, but mainly as a threat against human security, the security of the vulnerable, the helpless and the needy.

Thank you for giving me this opportunity to share with you my thoughts on the Russian anti-trafficking law, which I believe can provide an important legislative tool to combat trafficking in persons.