The United Nations Convention against Transnational Organized Crime (UNTOC), also known as the Palermo Convention, was adopted by the UN General Assembly on 15 November 2000 and entered into force in 2003.
Core Obligations
States must criminalise participation in an organised criminal group, the laundering of proceeds of crime, corruption and obstruction of justice. The Convention defines an organised criminal group as a structured group of three or more persons acting in concert with the aim of committing serious crimes to obtain a financial or other material benefit. It provides for the confiscation of criminal proceeds, extradition, mutual legal assistance, joint investigations, witness protection and assistance to victims.
The Three Protocols
The Trafficking in Persons Protocol contains the first internationally agreed definition of trafficking, based on an act (recruitment, transport, transfer, harbouring or receipt of persons), a means (threat, force, coercion, deception, abuse of power or vulnerability) and a purpose of exploitation. Where the victim is a child, the means element is not required.
The Smuggling of Migrants Protocol criminalises the procurement, for financial or material benefit, of the illegal entry of a person into a state, while protecting the rights of smuggled migrants.
The Firearms Protocol addresses the illicit manufacturing of and trafficking in firearms, their parts and ammunition.
In Indonesia
Indonesia ratified the Convention by Law No. 5 of 2009 and the trafficking and smuggling protocols by Laws No. 14 and No. 15 of 2009. These instruments underpin Law No. 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, which is directly relevant to the protection of Indonesian migrant workers, domestic workers and children from exploitation.