supplements the Convention and it ‘shall’ be interpreted together with the Convention,
with a transnational requirement. Whereas, ‘shall’ denotes the mandatory obligation, it
envelopes a stronger prevention and protection obligation than a singular presented
human rights legal framework; whereas, the UN definition of legal empowerment
published in the 2014(19) edition of the Tilburg Law Review is obtained: ‘… the poor are
protected and enabled to use the law to advance their rights and their interests as
citizens and economic actors’
b) The study proffers the Palermo Convention and its supplemental Protocols as a conduit for vulnerable populations, such as the Lumad, the Rohingya, and similarly-situated
populations. The Convention and its supplemental Protocols allow populations to
achieve the UN’s concepts of global legal empowerment, defined earlier in this article.
For example, several elements of the Convention and its supplementing Protocols
support these populations in removing barriers to their citizenry by accessing resources
that are both community-driven and rights-based, including:
1) Article 5 of the Trafficking Protocol requires that States Parties criminalize
“trafficking in persons,” as defined by the Protocol, whereas prosecution policies mainly
target the perpetrators. Further, Article 5 requires governments to implement laws that
are broken down into six areas: the adoption of the anti-trafficking law, the adoption of
child trafficking law, the application of other relevant laws, the stringency of penalties,
the level of law enforcement, and the collection of crime statistics. The UNHCR
Evaluation and Policy Analysis Unit and the Institute for Statelessness has archived
multiple publications identifying challenges in protecting displaced and stateless
persons, as well as those who are subject to human trafficking. For example, the
Institute for Statelessness authored “The nexus between statelessness and human
trafficking in Thailand,” which illustrates the consequences of statelessness and has a
two-fold focus: to identify the nexus between statelessness and human trafficking, and
second, to identify the nexus between statelessness and human trafficking among hill
tribe people in the Northern part of Thailand.
2) Articles 6 and 7 call on States Parties to adopt specific measures for victim
recovery and to consider adopting measures to allow victims to remain in the country’s
territory in appropriate cases.
3) Article 10 states, “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 involving an organized criminal group and for the
offenses established in accordance with the Trafficking Protocol’s Articles 5, 6, 8, and
23.”
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