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As part of UNHCR's Agenda for Protection, UNHCR world wide urges States to consider acceding to the 2000 United Nations Convention against Transnational Organised Crime and its Protocols (against the Smuggling of Migrants by Land, Sea and Air; and to Prevent, suppress and Punish Trafficking in Persons, Especially Women and Children).
UNHCR also urges States to ensure that their own asylum processes are open to receiving claims from individual trafficked persons, especially women and girls who can base their claim to asylum on grounds which are not manifestly unfounded.
Furthermore, UNHCR urges States to publicize penalties for those engaged in smuggling of and trafficking in people. UNHCR is also exploring the convening of an experts meeting focusing on the protection needs of trafficked children.
As part of the first agenda discussed above, UNHCR in Australia participated in a Ad Hoc Experts Working Group (Strengthening regional and international cooperation to combat people smuggling, trafficking in persons and related transnational crime). This Working Group was held in Bali in February 2002. A Report to the Ministers on the Bali Ministerial process was published in April 2003.
The UNHCR Regional Office submitted a submission in February 2005 on the Criminal Code Amendment (Trafficking of persons Offences) Bill 2004. The submission raises concern that the proposed amendments in the Criminal Code Amendment Bill 2004 in Australia do not make explicit reference to asylum seekers or refugees. There is a risk that through this omission, the legislation could overlook the possibility that there could be asylum seekers or refugees among traffickers and/or victims of trafficking.
Link to UNHCR's and other submissions and to the final report can be viewed on www.unhcr.org.au
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