Review Mechanism of UNTOC - update
The current review process timeline
The UNTOC Review Mechanism is taking place in four stages known as “clusters” from December 2020 to December 2030.
Each cluster focuses on different parts of UNTOC and its protocols. We are currently on Cluster 1 which focuses on “criminalisation.” This means states are currently being reviewed against Articles 3 and 5 of the Trafficking in Persons Protocol; Articles 3, 5 and 6 of the Smuggling of Migrants Protocol. These are the articles that relate to the legal definitions of trafficking and smuggling, and the obligation on states to criminalise trafficking and smuggling.
The review under this cluster of the following countries of GAATW members started last year:
Africa: Nigeria; Asia: Cambodia, Nepal, Pakistan, Republic of Korea; Europe: Belarus, Poland, Moldova, Switzerland, Ukraine, United Kingdom; Latin America: Argentina, Guatemala
By now, these countries should have all submitted their reports (known as “self-assessment questionnaires”). The next step will be for experts from the UNODC to prepare a “list of observations.” These lists will include key issues relating to your countries’ compliance with Articles 3 and 5 of the Palermo Protocol.
The following countries of GAATW members are starting now:
Asia: Bangladesh, India, Mongolia, Thailand; Europe: Austria, Bosnia and Herzegovina, Bulgaria, European Union, Finland, Netherlands, Turkey; Latin America: Brazil, Mexico, Peru; North America: Canada.
These states should all be submitting their self-assessment questionnaires this month. Therefore if you want to try and input into this process, the time is now! As mentioned above, the best way would be to get in touch with your government contacts responsible for anti-trafficking work although again I understand some of you have done so without success.
Other opportunities to input
1. Reviewing States
Each country is reviewed by two other countries. For example, Nepal is being reviewed by Vietnam and St Lucia. Therefore members in Vietnam could be asked to help with their Government’s review of Nepal. We understand that some members have been approached by their Government to help with the review of another country in this way.
If you have been approached by your Government in this way, we would love to hear from you. You may also want to consider proactively reaching out to your Government’s focal point to see if you can participate in their review of other countries, as well their own self-reporting.
2. The Transparency Pledge
The UNODC, in partnership with Global Initiative is encouraging Member States to sign up to a “Transparency Pledge”. In the pledge States promise to consult with civil society and involve them throughout the review process.
If you’re able to speak with Government contacts about the Review Mechanism, you could also raise the pledge and try and encourage your Government to sign up.
You can find the text of the pledge at p.46 of this document.
Case studies of CSO engagement with the Review Mechanism – Canada and Mexico
The Government of Canada seems to have undertaken a fairly rigorous consultation with NGOs and will be submitting their questionnaire this month. The Government instructed an NGO, the International Centre for Criminal Law Reform, to conduct this national consultation, and the ICCLR has prepared a very detailed 72-page report for the Government to use in its responses. GAATW Board member Annalee Lepp and our member SWAN Vancouver were involved in this consultation.
The Government of Mexico has received funding from the United States to undertake a “pilot initiative” with UNODC to engage NGO stakeholders in its review mechanism process. The Pilot Initiative in Mexico was formerly launched on 28 April.
The Constructive Dialogue - July 2022
As part of the Review Mechanism, UNODC will also organise a series of “constructive dialogues.” The constructive dialogues will take place on three different dates. The one about migrants smuggling and human trafficking is scheduled for 1 July 2022.
The purpose of the constructive dialogue is to brief civil society and stakeholders on how the review process has gone for each country, and also to give stakeholders the opportunity to make suggestions about ways to improve the implementation of the Palermo Protocol. The deadline for registering for the constructive dialogue has passed but the GAATW International Secretariat is planning to attend and I can update you all afterwards.
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