THE CARIBBEAN TREATY AGAINST HUMAN TRAFFICKING AND SEX CRIMES
Produced by J.Bhagan for the Caribbean Committee Against Sex Crimes
PREAMBLE
The State Parties to the present Treaty
Condemning Human Trafficking and Sex crimes as being among the most heinous acts known to mankind
Recognizing The need to protect all persons from sex crimes and human trafficking by implementing sound policies and strengthening regional institutions
Determined to implement international best practice in the Caribbean region in order to combat the scourge of sex crimes and human trafficking
Recalling The Declaration of Grand Anse, the Revised Treaty of Chaguaramas and the history of movements towards regional integration and cooperation
Desirous of regional cooperation to achieve the goal of reducing the incidences of sex crimes and increasing the conviction rate of sex offenders
Resolved to ensure the advancement of fundamental human rights and freedoms in accordance with the highest standards of International Law to prevent this treaty from being used as a tool of oppression or victimization .
Cognisant That multi-sectoral and inter-disciplinary cooperation is necessary to combat all forms of sex crimes, and further treat those persons suffering from disorders that predispose them to commit sex crimes.
Considering the overlapping relationship between Sex Crimes, Human Trafficking and other forms of Gender Based Violence and the need to take further steps to address all forms of Gender Based Violence.
Acknowledging The need for continuous research and reevaluation of policies in order to ensure that the goal of reducing sex crimes is achieved
Convinced of the need for rehabilitative and restorative justice policies due to research that shows Public Sex Offender Registry policies can in some cases increase recidivism among persons listed on the registry
Determined Further To make the best use of regional cooperation to establish victims support institutions and policies that help increase the reporting and conviction rate of sex crimes
Desirous Further Of cooperating with all willing international partners in sharing sex offender registry information so as to protect potential victims of sex crimes globally.
Committed To building inter-regional and global partnerships to prevent all crimes and threats to national security
Mindful That co-operation and joint action is necessary to combat organized crime networks involved international human trafficking and sex crimes.
Committed further To ensure that parties to this treaty harmonize laws against human trafficking and sex crimes in order to facilitate the objectives of this treaty
Acknowledging further the need for greater support for Civil Society organizations which are the main providers of services to victims of sex crimes and human trafficking and that
Recalling further That the People of the Caribbean Community, acting through various Civil Society Organizations have drafted this treaty of their own accord out of a desire to end the scourge of Human Trafficking and Sex crimes;
Have agreed as follows
Article 1 : Use and definition of terms
Gender Based Violence: is defined as violence that is directed against women because of their gender or violence that affects women disproportionately, This includes acts that inflict physical, mental or sexual harm the threat of such acts, coercion, detention, slavery and other deprivations of liberty
‘Sex Crimes’ are defined as follows:
Produced by J.Bhagan for the Caribbean Committee Against Sex Crimes
PREAMBLE
The State Parties to the present Treaty
Condemning Human Trafficking and Sex crimes as being among the most heinous acts known to mankind
Recognizing The need to protect all persons from sex crimes and human trafficking by implementing sound policies and strengthening regional institutions
Determined to implement international best practice in the Caribbean region in order to combat the scourge of sex crimes and human trafficking
Recalling The Declaration of Grand Anse, the Revised Treaty of Chaguaramas and the history of movements towards regional integration and cooperation
Desirous of regional cooperation to achieve the goal of reducing the incidences of sex crimes and increasing the conviction rate of sex offenders
Resolved to ensure the advancement of fundamental human rights and freedoms in accordance with the highest standards of International Law to prevent this treaty from being used as a tool of oppression or victimization .
Cognisant That multi-sectoral and inter-disciplinary cooperation is necessary to combat all forms of sex crimes, and further treat those persons suffering from disorders that predispose them to commit sex crimes.
Considering the overlapping relationship between Sex Crimes, Human Trafficking and other forms of Gender Based Violence and the need to take further steps to address all forms of Gender Based Violence.
Acknowledging The need for continuous research and reevaluation of policies in order to ensure that the goal of reducing sex crimes is achieved
Convinced of the need for rehabilitative and restorative justice policies due to research that shows Public Sex Offender Registry policies can in some cases increase recidivism among persons listed on the registry
Determined Further To make the best use of regional cooperation to establish victims support institutions and policies that help increase the reporting and conviction rate of sex crimes
Desirous Further Of cooperating with all willing international partners in sharing sex offender registry information so as to protect potential victims of sex crimes globally.
Committed To building inter-regional and global partnerships to prevent all crimes and threats to national security
Mindful That co-operation and joint action is necessary to combat organized crime networks involved international human trafficking and sex crimes.
Committed further To ensure that parties to this treaty harmonize laws against human trafficking and sex crimes in order to facilitate the objectives of this treaty
Acknowledging further the need for greater support for Civil Society organizations which are the main providers of services to victims of sex crimes and human trafficking and that
Recalling further That the People of the Caribbean Community, acting through various Civil Society Organizations have drafted this treaty of their own accord out of a desire to end the scourge of Human Trafficking and Sex crimes;
Have agreed as follows
Article 1 : Use and definition of terms
Gender Based Violence: is defined as violence that is directed against women because of their gender or violence that affects women disproportionately, This includes acts that inflict physical, mental or sexual harm the threat of such acts, coercion, detention, slavery and other deprivations of liberty
‘Sex Crimes’ are defined as follows:
Court means the Caribbean Court of Justice
Fundamental Human Rights means the highest possible standard of human rights found in international law inclusive of the ICCPR , UNDHR , ICESCR inter American treaties and judicial decisions decided upon by human rights courts and committees in interpreting international human rights
“Serious crime” shall mean conduct constituting an offence punishable by a maximum
deprivation of liberty of at least four years or a more serious penalty;
“Human Trafficking or Trafficking 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;[1]
“Child” shall be taken to mean a person under 18 years of age
Chapter One : Principles
Purpose and Scope
The purpose and scope of this treaty is as follows :
1. To
establish an organisation that shall be responsible for furthering regional
cooperation in the fight against sex crimes and human trafficking.
2. To
establish a regional sex offenders registry and mandate that signatories
establish local sex offenders registries.
3. To establish
regional databases for persons charged with sex crimes and human trafficking so
as facilitate regional cooperation in tracking potential sex offenders, and
most importantly to provide data for research that will inform future policies
and laws.
4. To create
a system of notification to track whenever an offender moves from one
jurisdiction to another, and to ensure that sex offenders registered in
non-signatory states are registered when
they move into the Caribbean region.
5. To mandate
that signatories bring their laws and policies for supporting victims of human
trafficking and sex crimes in line with international best practice.
6. To mandate that signatories establish Victims
Support units in their respective jurisdictions to provide practical assistance
to victims of human trafficking and sex crimes.
7. To ensure that parties to this treaty synchronize
laws against human trafficking and sex crimes
8. To
mandate that a system of treatment, rehabilitation and reintegration be
established for former offenders, to ensure they have a second chance and to
reduce recidivism.
9. To ensure that a convicted perpetrator of
human trafficking or sex crimes is never employed in a situation that
facilitates their predilections
10.
Generally to introduce measures that increases the conviction rate of
perpetrators of human trafficking and sex crimes and to deter future offenders
Non-discrimination
principle
The implementation of the provisions of this Treaty by
Contracting Parties, in particular the enjoyment of measures to protect and
promote the rights of victims, shall be secured without discrimination on any
ground such as sex, gender, race, ethnicity colour, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
Chapter Two : Institutional arrangements
Establishment of the Caribbean Organization Against Sex Crimes (COASC)
(1)There is hereby established the Caribbean Organization Against Sex Crimes having the composition, objectives, principles and functions set out in this Treaty .
(2) This body shall be responsible for the establishment and maintenance of the various policies and institutions contained in this treaty.
(3) This body shall be funded by a Reserve Fund set up to be independent from political interference.
(4) This body shall have all requisite authority needed to manage its affairs and to implement new policies and initiatives that it deems necessary to achieve its goals once the aforementioned is based on sound research and consultation
(5) The Constitution and bylaws of the Caribbean
Organization Against Sex Crimes shall be created via a committee upon the entry
into force of this Treaty and the said
Constitution must be approved by a two thirds majority of the contracting
parties.
Objectives of the Caribbean Organization Against Sex Crimes
The overriding objectives of the Caribbean Organization Against Sex Crimes
Objectives of the Caribbean Organization Against Sex Crimes
The overriding objectives of the Caribbean Organization Against Sex Crimes
are to:-
(1) Facilitate the reduction of the incidences of
Human Trafficking and Sex Crimes through regional and international cooperation
(2) Enhance regional institutional capabilities for
the co-ordination of efforts to end Sex Crimes and Human Trafficking
(3) Perform the role of coordinating regional
efforts against Sex Crimes and Human Trafficking
(4) Assist in the creation of regional policies to
deal with Sex Crimes and Human Trafficking and ensure that said policies are
constantly updated in light of new research and techniques
(5) Maintain
regional databases on sex offenders and human trafficking offenders.
(6) Conduct research using the data acquired from
its sex offender registries and databases, to partner with institutions that
may interested in using such data to conduct research.
Composition of the Caribbean Organization Against Sex Crimes
(1) The Organisation shall consist of the following branches:
(i.) A Board
of Directors
(ii.) An Administrative team
The Board of Directors
The Board of Directors
1. The Board of Directors
(hereinafter called "the Board" shall consist of
representatives of Members and institutions, both public and private, set out
in the Annex to this
Agreement.
2. The Board shall meet in ordinary session once in every year and in extra-ordinary session as often as the Board considers necessary or expedient. 3. Each Member of the Board shall have one vote. 4. The Board shall take decisions by a qualified majority of three-quarters of the votes of its membership. 5. Subject to the provisions of this Article, the Board shall determine its rules of procedure. |
Functions of the Board of Directors
(1) The Board shall have the following functions
(i) to initiate projects that further the aims of the Caribbean Organization Against Sex Crimes
(ii) Promote and Oversee Partnerships with other institutions
(iii) Approve the Staff regulations of the Organization
(iv) Manage the funds of the Organization
(v) Approve the auditors of the Organization
(vi) Consider and approve new policies that may be necessary to achieve the Organization’s goals
(vii) Generally oversee the management of the Organization
The Administrative Team
The Administrative Team
1. Shall Consist of at minimum one (1) managing
director, an assistant manager and a corporate secretary and such staff as are
necessary to ensure the functioning of the Organisation’s registries and
databases
2. This team
shall be approved by the Board of Directors
The Reserve Fund
1. The Organisation shall establish a Reserve Fund in accordance with this Article.
The Reserve Fund
1. The Organisation shall establish a Reserve Fund in accordance with this Article.
2. The
resources of the Reserve Fund shall consist of the following:
(a) Grants from international donors and sponsors of
the Organisation
(b) Grants
from Member states and Associate Members
(c) Grants from entities, public and private which
are not sponsors of the Organisation
(d) unspent balances from the annual budgets of the
Organisation
(e) Revenues
derived from the operations of the Organisation
(f) income from investments of the Organisation
3. The resources of the Reserve fund shall be
employed to finance the recurrent and capital budgets of the Organisation
4. Withdrawal of resources from the Reserve Fund
shall require the prior authorisation of the Chairmen of the Board of
Directors.
5. The resources of the Reserve Fund shall be held
in such liquid currency as the Board may determine, providing that whenever it
is in the interest of the organisation, these shall be invested in the
securities of the Region.
6. The finances of the Reserve Fund shall be audited
annually by the auditors appointed by the organisation. The Report of the
Auditors shall be submitted to the Board for consideration and approval.
External Supervision
External Supervision
(1) The Caribbean Organisation Against Sex Crimes
shall be subject to the external observation of the following international
organisations:
(i) INTERPOL
(ii) CARICOM
(iii) The United Nations
(iv) The
Caribbean Committee Against Sex Crimes
(v) The Inter American Commission on Human Rights
(2) The aforementioned External Organisations shall
have the power to order an audit or
investigation of the affairs of the Caribbean Organisation Against Sex Crimes
if there are serious concerns about mismanagement , breach of confidentiality
or corruption.
(3) In order for an audit or investigation into the
Caribbean Organisation Against Sex Crimes to be carried out, the aforementioned
bodies shall show a prima facie case that such an audit or investigation is
necessary.
Judicial Review
(1) If an audit or investigation shows that there are any serious problems occurring within the Caribbean Organisation Against Sex Crimes, the Court shall have full power of Judicial Review over the acts and omissions of the Caribbean Organisation Against Sex Crimes as a whole, including the internal decisions of Board and the Administrative Team.
Judicial Review
(1) If an audit or investigation shows that there are any serious problems occurring within the Caribbean Organisation Against Sex Crimes, the Court shall have full power of Judicial Review over the acts and omissions of the Caribbean Organisation Against Sex Crimes as a whole, including the internal decisions of Board and the Administrative Team.
(2) If serious corruption, mismanagement or other
problems are proven, the Court may order a suspension of any member(s) of the
Board or Administration Team.
(3) The Court shall have the power to appoint an
interim Board and Administrative Team in the event that the Caribbean
OrganisationAgainst Sex Crimes becomes compromised by corruption, mismanagement
or other serious issues. [2]
Legal Status of the Organisation
Legal Status of the Organisation
1. The Caribbean Organisation Against Sex Crimes
shall possess full juridical personality and, in particular, full capacity to:
(a) contract;
(b) acquire and dispose of moveable and immoveable
property;
(c) institute legal proceedings.
2. The Caribbean Organisation Against Sex Crimes may
enter into agreements with Members, third States and other international
organisations for the achievement of its objectives.
3. In any legal proceedings, the Caribbean
Organisation Against Sex Crimes shall be represented by the Managing Director.
4. Any legal proceedings must be approved by the
Board of Directors
Immunity of Assets and Archives
Immunity of Assets and Archives
1. Property and assets of the Caribbean Organization
Against Sex Crimes, wherever located and by whomsoever held, shall be immune
from search, requisition, confiscation, expropriation or any other form of
taking or foreclosure by executive or legislative action.
2. The archives of the Caribbean Organization
Against Sex Crimes and, in general, all documents belonging to or held by the
Centre, shall be inviolable, wherever located.
Auditing and Reports
(1) The Caribbean Organization Against Sex Crimes shall be audited every 4 years by an independent body in order to ensure its efficient operation.
(2) The Caribbean Organization Against Sex Crimes shall submit a confidential and detailed yearly report to its supervising organizations detailing its accounts and the running of its databases and procedures.
(3) The Caribbean Organization Against Sex Crimes shall submit a yearly report to the public that contains no confidential information that may prejudice its operations.
The Office of Caribbean Organisation Against Sex Crimes
Auditing and Reports
(1) The Caribbean Organization Against Sex Crimes shall be audited every 4 years by an independent body in order to ensure its efficient operation.
(2) The Caribbean Organization Against Sex Crimes shall submit a confidential and detailed yearly report to its supervising organizations detailing its accounts and the running of its databases and procedures.
(3) The Caribbean Organization Against Sex Crimes shall submit a yearly report to the public that contains no confidential information that may prejudice its operations.
The Office of Caribbean Organisation Against Sex Crimes
(1) The Office Caribbean Organisation Against Sex
Crimes may be stationed in any nation and at the location of the offices of any
other organisation so long as a conflict of interest does not arise.
Cooperation with International Organisations and State Actors
Cooperation with International Organisations and State Actors
(1) The Caribbean Organisation Against Sex Crimes
shall work in close cooperation with INTERPOL in order to achieve its goals.
(2) The Caribbean Organisation Against Sex Crimes
shall undertake to cooperate with any international organisation or State in
the furtherance of the objective of eliminating sex crimes and human
trafficking.
(3) The Caribbean Organisation Against Sex Crimes
may partner with any University, institute or body to conduct any research to
further its goal of reducing sex crimes.
Partnerships with other States and International Organizations to share data on the movements of Registered Offenders
(1) The Caribbean Organization Against Sex Crimes shall undertake to establish partnerships with States and International Organizations so as to facilitate the sharing of data on the movements of Registered Offenders across borders
Assistance with investigations and extradition
Partnerships with other States and International Organizations to share data on the movements of Registered Offenders
(1) The Caribbean Organization Against Sex Crimes shall undertake to establish partnerships with States and International Organizations so as to facilitate the sharing of data on the movements of Registered Offenders across borders
Assistance with investigations and extradition
1. The Parties shall undertake to afford
one another the greatest measure of assistance in connection with
investigations or criminal or extradition proceedings brought in respect of the
offences set forth in article 1, including assistance in obtaining evidence at
their disposal necessary for the proceedings.
2. States Parties shall carry out their
obligations under paragraph 1 of the present article in conformity with any
treaties or other arrangements on mutual legal assistance that may exist
between them. In the absence of such treaties or arrangements, States Parties
shall afford one another assistance in accordance with their domestic law.
Chapter Three: Offender Registration Policies and Databases
Offences for which the Caribbean Organization Against Sex Crimes is concerned.
The Criminal Offences for which the Caribbean Organization Against Sex Crimes is concerned are as follows:
i. With regards to Sex Crimes the Organization shall be concerned with the offences listed in the First Schedule and any offences that have the same constituent elements as the offences listed in the first schedule whether or not said offences are given the same terminology by the respective legislation of any state party.
ii. With regards
to Human Trafficking the Organization shall be concerned with the offences
listed in the Second Schedule and any offences that have the same constituent
elements as the offences listed in the first schedule whether or not said
offences are given the same terminology by the respective legislation of any
state party.
iii. Any heinous acts that deprive human beings of
their fundamental dignity that the Board of the Organization sees fit to deal
with inclusive of the following :-Kidnapping and Sexual slavery, Torture and Brainwashing
for non-consensual sexual purposes ,enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of comparable
depravity;
Obligation to register with local authorities and declare status as an offender.
(i) The parties shall undertake to create a legal obligation for all persons previously convicted of sex crimes or offences relating to human trafficking, entering their respective jurisdictions for any period longer than 28 days, to declare their status and register with local authorities.
Obligation to register with local authorities and declare status as an offender.
(i) The parties shall undertake to create a legal obligation for all persons previously convicted of sex crimes or offences relating to human trafficking, entering their respective jurisdictions for any period longer than 28 days, to declare their status and register with local authorities.
(ii) The parties undertake to create appropriate
criminal offences to punish persons who fail to declare their status as a
former sex offender or human trafficker and register with local authorities.
Obligation to create local Sex Offender Registries
The parties undertake to establish sex offender registries in their own jurisdictions which will consist of:-
Obligation to create local Sex Offender Registries
The parties undertake to establish sex offender registries in their own jurisdictions which will consist of:-
i. A permanent
record of all convictions for sex crimes
ii. The
information and whereabouts of convicted persons
(more comprehensive drafting of this clause is necessary)
Creation of a regional Sex Offender Registry.
(1) The parties undertake to establish a regional sex offender registry which shall include all the information taken from each state’s individual sex offender registry and shall be administered and supervised by the Caribbean Organization Against Sex Crimes.
(2) Nationals of States who are parties to this treaty who are convicted by a competent tribunal of the crimes listed in Article 1 anywhere in the world shall be included on this registry.
(more comprehensive drafting of this clause is necessary)
Creation of a regional Sex Offender Registry.
(1) The parties undertake to establish a regional sex offender registry which shall include all the information taken from each state’s individual sex offender registry and shall be administered and supervised by the Caribbean Organization Against Sex Crimes.
(2) Nationals of States who are parties to this treaty who are convicted by a competent tribunal of the crimes listed in Article 1 anywhere in the world shall be included on this registry.
(3) Information from this Registry shall be made available to any nation state or partnered international organization that upon request.
Creation of local Sex Offender Suspects Databases
The Parties undertake to establish sex offender suspects databases which will contain the following information
i. A permanent record of all charges laid for sex crimes (whether or not convictions are achieved)
ii. Information about persons who have been charged with sex crimes to assist in identifying them.
Creation of a Regional Sex Offender Suspects Database
The parties undertake to establish a regional sex offender suspects database based on a summary of information taken from each state’s individual sex offender suspects database.
i. This database shall be kept highly confidential so as to respect the right of persons charged to be seen before the law as innocent until proven guilty.
ii. No unauthorized person shall have access to this database [3]
Creation of a local Human Trafficking suspects Databases
The parties undertake to establish local human trafficking suspects databases in their own jurisdictions . These databases shall contain the following information:
i. A permanent record of all charges for human trafficking related offenses
ii. Information about persons charged with these offenses
iii. A list of individuals strongly suspected to be involved in Human Trafficking even where no charges are laid (including evidence supporting the contention that these persons are involved in human trafficking).
Limitations to be placed on registered offenders
(1) State parties shall implement policies to ensure that that a convicted perpetrator of sex crimes or human trafficking is never employed in a situation that facilitates their predilections.
(2) In the case of a pedophile, said person shall be prohibited from working on or near a school compound or in any facility that cares for children
(3) In the case of a rapist said person shall not be granted coercive powers that may be used to facilitate future rapes e.g. powers of arrest such as for a police officer.
(Clause needs a lot of consultation to draft properly)
(1) State parties shall implement policies to ensure that that a convicted perpetrator of sex crimes or human trafficking is never employed in a situation that facilitates their predilections.
(2) In the case of a pedophile, said person shall be prohibited from working on or near a school compound or in any facility that cares for children
(3) In the case of a rapist said person shall not be granted coercive powers that may be used to facilitate future rapes e.g. powers of arrest such as for a police officer.
(Clause needs a lot of consultation to draft properly)
Mutual Cooperation with authorities in other jurisdictions
Chapter Four: Victims Support
Measures to protect the rights of victims
1. States
Parties shall adopt appropriate measures to protect the rights and interests of
victims of the practices prohibited under the present treaty at all stages of
the criminal justice process, in particular by:
(a) Recognizing
the vulnerability of victims and adapting procedures to recognize their special
needs, including their special needs as witnesses;
(b) Informing victims
of their rights, their role and the scope, timing and progress of the
proceedings and of the disposition of their cases;
(c) Allowing the
views, needs and concerns of victims to be presented and considered in
proceedings where their personal interests are affected, in a manner consistent
with the procedural rules of national law;
(d) Providing
appropriate support services to victims throughout the legal process;
(e) Protecting,
as appropriate, the privacy and identity of victims and taking measures in
accordance with national law to avoid the inappropriate dissemination of
information that could lead to the identification of child victims;
(f) Providing,
in appropriate cases, for the safety of victims, as well as that of their
families and witnesses on their behalf, from intimidation and retaliation;
(g) Avoiding
unnecessary delay in the disposition of cases and the execution of orders or decrees
granting compensation to victims.
2. States
Parties shall, in appropriate cases, adopt measures in order to protect the
safety and integrity of those persons and/or organizations involved in the
prevention and/or protection and rehabilitation of victims of such offences.
3. Nothing in
the present article shall be construed to be prejudicial to or inconsistent
with the rights of the accused to a fair and impartial trial.
Victims Advocacy and Sensativity Training
i. The Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the category of offences mentioned in this treaty
ii. The parties to this treaty undertake to train their police and judicial staff so as to sensitize them to the needs of victims of all forms of abuse so as to remove potential barriers to the reporting of all forms of crimes involving domestic violence, sex crimes and human trafficking.
Victims Advocacy Service Center
i. The Parties agree to establish Victims Advocacy Service Centers in their respective jurisdictions that will work alongside Civil Society organizations to provide the following services
a. Assistance to victims to ensure their full social reintegration and their full physical and psychological recovery.
b. promote awareness in the public at large, including children, through information by all appropriate means, education and training
c. Provide training to Police, Social services and Judicial staff to help sensitize them to the needs of victims.
d. Provide assistance and counseling to
victims at all stages of the criminal justice process with the goal of
increasing the number of reports and successful convictions of sex crimes/
human trafficking offences.
e. Provide a safe and non-confrontational environment where victims can make reports of sex crimes/ human trafficking offences.
f. Provide facilities for victims to apply for protection orders or restraining orders as need be.
g . Provide or facilitate access to emergency medical attention with the highest priority placed on confidentiality
e. Provide a safe and non-confrontational environment where victims can make reports of sex crimes/ human trafficking offences.
f. Provide facilities for victims to apply for protection orders or restraining orders as need be.
g . Provide or facilitate access to emergency medical attention with the highest priority placed on confidentiality
h. Assist in placing victims in a shelter or
some form of accommodation as need be in order to facilitate their recovery and
ensure their safety.
etc. ( not a complete list)
ii. The Victims Advocacy Service Centers shall have independent security staff which shall not be affiliated directly with the police or any other branch of government
iii. The staff of the center shall be authorized to apply for protection/restraining orders on behalf of deserving persons.
Financial Support for Civil Society organizations
i. The parties undertake to provide funding to civil society organizations in their respective jurisdictions for the purpose of providing support services for victims of domestic violence, sex crimes and human trafficking.
ii. Parties shall implement legislation and policies to allow better cooperation between Civil Society organizations and the police and criminal justice systems.
CHAPTER FIVE:- TREATMENT AND REHABILITATION FOR PAST OR POTENTIAL OFFENDERS
(ENOURMOUS RESEARCH REQUIRED FOR THIS ENTIRE CHAPTER)
Counseling and treatment for potential offenders :-
(1) State Parties shall undertake to provide counseling and support for persons suffering from any condition or paraphilia[4] that may predispose them to commit sex crimes including
(1) Pedophilia
(2) Nymphomania
Ongoing support for past sex offenders
(1) State Parties shall undertake to provide counseling and support for past sex offenders to ensure their rehabilitation and reduce the chance of recividism
(2) State parties undertake to assist past offenders in finding employment in areas that will not risk them reoffending .
CHAPTER SIX:- GENERAL AND FINAL PROVISIONS
Right of Appeal
(1) Persons shall have a right to appeal to the Court if they allege that any policy or law created in accordance with this treaty infringes upon their fundamental human rights in an arbitrary or unlawful way
(2) Such appeals shall require special leave from the Court so as not to entertain vexatious or frivolous cases.
CCJ empowered to give advisory opinions
1.The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.
2. Advisory opinions shall be delivered only at the request of the following :
1.State Parties
2. The Caribbean Organization Against Sex Crimes
3. INTERPOL
4. Bodies and organs of the United Nations
Matters of Treaty Interpretation
(1) With regards to the interpretation of this treaty the Court may regard as persuasive authority the general body of international law inclusive of the following
i. The Jurisprudence of the International Criminal Court
ii. The Jurisprudence of the UN Human Rights Committee
iii. The Jurisprudence of the Inter-American court of human rights.
iv.
(2) The Court shall undertake to promote the highest standards of human rights found in international law in delivering its judgment.
Locus Standi of Private Entities
Persons, natural or juridical, of a Contracting Party may, with the special leave of the Court, be allowed to appear as parties in proceedings before the Court where:
(a) the Court has determined in any particular case that this Treaty intended that a right or benefit conferred by or under this Treaty on a Contracting Party shall enure to the benefit of such persons directly; and
(b) the persons concerned have established that such persons have been prejudiced in respect of the enjoyment of the right or benefit mentioned in paragraph
(a) of this Article; and
(c) the Contracting Party entitled to espouse the claim in proceedings before the Court has:
(i) omitted or declined to espouse the claim, or
(ii) expressly agreed that the persons concerned may espouse the claim instead of the Contracting Party so entitled; and
(d) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.
Security Exceptions
Nothing in this Treaty shall be construed:
(a) as requiring any Member State to furnish information, the disclosure of which it considers contrary to its essential security interests;
(b) as preventing any Member State from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to the supply of services carried out directly or indirectly for the purpose of provisioning a military establishment;
(ii) in time of war or other emergency in international relations; or
(c) as preventing any Member State from taking any action in pursuance of its obligations for the maintenance of international peace and security
Signature
This Treaty shall be open for signature on the 5th day of July 2017 by the States mentioned in paragraph 1 of Article 3
Ratification
ii. The Victims Advocacy Service Centers shall have independent security staff which shall not be affiliated directly with the police or any other branch of government
iii. The staff of the center shall be authorized to apply for protection/restraining orders on behalf of deserving persons.
Financial Support for Civil Society organizations
i. The parties undertake to provide funding to civil society organizations in their respective jurisdictions for the purpose of providing support services for victims of domestic violence, sex crimes and human trafficking.
ii. Parties shall implement legislation and policies to allow better cooperation between Civil Society organizations and the police and criminal justice systems.
CHAPTER FIVE:- TREATMENT AND REHABILITATION FOR PAST OR POTENTIAL OFFENDERS
(ENOURMOUS RESEARCH REQUIRED FOR THIS ENTIRE CHAPTER)
Counseling and treatment for potential offenders :-
(1) State Parties shall undertake to provide counseling and support for persons suffering from any condition or paraphilia[4] that may predispose them to commit sex crimes including
(1) Pedophilia
(2) Nymphomania
Ongoing support for past sex offenders
(1) State Parties shall undertake to provide counseling and support for past sex offenders to ensure their rehabilitation and reduce the chance of recividism
(2) State parties undertake to assist past offenders in finding employment in areas that will not risk them reoffending .
CHAPTER SIX:- GENERAL AND FINAL PROVISIONS
Right of Appeal
(1) Persons shall have a right to appeal to the Court if they allege that any policy or law created in accordance with this treaty infringes upon their fundamental human rights in an arbitrary or unlawful way
(2) Such appeals shall require special leave from the Court so as not to entertain vexatious or frivolous cases.
CCJ empowered to give advisory opinions
1.The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.
2. Advisory opinions shall be delivered only at the request of the following :
1.State Parties
2. The Caribbean Organization Against Sex Crimes
3. INTERPOL
4. Bodies and organs of the United Nations
Matters of Treaty Interpretation
(1) With regards to the interpretation of this treaty the Court may regard as persuasive authority the general body of international law inclusive of the following
i. The Jurisprudence of the International Criminal Court
ii. The Jurisprudence of the UN Human Rights Committee
iii. The Jurisprudence of the Inter-American court of human rights.
iv.
(2) The Court shall undertake to promote the highest standards of human rights found in international law in delivering its judgment.
Locus Standi of Private Entities
Persons, natural or juridical, of a Contracting Party may, with the special leave of the Court, be allowed to appear as parties in proceedings before the Court where:
(a) the Court has determined in any particular case that this Treaty intended that a right or benefit conferred by or under this Treaty on a Contracting Party shall enure to the benefit of such persons directly; and
(b) the persons concerned have established that such persons have been prejudiced in respect of the enjoyment of the right or benefit mentioned in paragraph
(a) of this Article; and
(c) the Contracting Party entitled to espouse the claim in proceedings before the Court has:
(i) omitted or declined to espouse the claim, or
(ii) expressly agreed that the persons concerned may espouse the claim instead of the Contracting Party so entitled; and
(d) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.
Security Exceptions
Nothing in this Treaty shall be construed:
(a) as requiring any Member State to furnish information, the disclosure of which it considers contrary to its essential security interests;
(b) as preventing any Member State from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to the supply of services carried out directly or indirectly for the purpose of provisioning a military establishment;
(ii) in time of war or other emergency in international relations; or
(c) as preventing any Member State from taking any action in pursuance of its obligations for the maintenance of international peace and security
Signature
This Treaty shall be open for signature on the 5th day of July 2017 by the States mentioned in paragraph 1 of Article 3
Ratification
This Treaty and any amendments thereto shall
be subject to ratification by signatory States in accordance with their
respective constitutional procedures. Instruments of ratification shall be
deposited with the Secretariat which shall transmit certified copies to the
signatory States.
Entry Into Force This Treaty
shall enter into force on the deposit of the last instrument of ratification by the States mentioned in xx
Registration
This Treaty and any amendments thereto shall be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations
Amendments
Entry Into Force This Treaty
shall enter into force on the deposit of the last instrument of ratification by the States mentioned in xx
Registration
This Treaty and any amendments thereto shall be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations
Amendments
1. This Treaty
may be amended by the unanimous decision of the Parties. (Caribbean Committee
Against Sex Crimes must be a party in order to veto unsavory amendments)
2. An amendment
shall enter into force one month after the date on which the last
instrument of
ratification is deposited with the Secretariat.
Reservations
Reservations may
be entered to this Treaty with the consent of the signatory States.
Accession
1. After the
entry into force of this Treaty a State or Territory of the Caribbean may, if
Conference so
determines, accede to this Treaty.
2. Accession
shall be on such terms and conditions as Conference decides and shall
take
effect one month following the deposit of the instrument of accession with the
Secretariat
Further documents :
Annex of member states and institutions who will make up board of directors
Optional Protocol 1
Mandatory assignment of special passports to high risk sex offenders. (taken from US Megan’s Law)
Optional Protocol 2
Mandatory adoption of legislation criminalizing certain sex crimes ,dealing with human trafficking etc.
SCHEDULE 1:
SCHEDULE OF OFFENCES RELATING TO SEX CRIMES TO BE LISTED ON THE VARIOUS DATABASES OPERATED BY THE CARIBBEAN ORGANIZATION AGAINST SEX CRIMES.[5]
1. Rape
Further documents :
Annex of member states and institutions who will make up board of directors
Optional Protocol 1
Mandatory assignment of special passports to high risk sex offenders. (taken from US Megan’s Law)
Optional Protocol 2
Mandatory adoption of legislation criminalizing certain sex crimes ,dealing with human trafficking etc.
SCHEDULE 1:
SCHEDULE OF OFFENCES RELATING TO SEX CRIMES TO BE LISTED ON THE VARIOUS DATABASES OPERATED BY THE CARIBBEAN ORGANIZATION AGAINST SEX CRIMES.[5]
1. Rape
2.
Assault by Penetration
3.
Sexual Assault
4.
Causing a Person to engage in sexual activity without consent
5.
Rape of a child under 13
6.
Assault of a child under 13 by penetration
7.
Sexual assault of a child under 13
8.
Causing or inciting a child under 13 to engage in sexual activity
9.
Sexual activity with a child
10.
Causing or inciting a child to engage in sexual activity
11.
Engaging in sexual activity in the presence of a child
12.
Causing a child to watch a sexual act
13.
Child sex offences committed by children or young persons
14.
Arranging or facilitating commission of a child sex offence
15.
Meeting a child following sexual grooming etc.
16
Abuse of position of trust: sexual activity with a child
17
Abuse of position of trust: causing or inciting a child to engage in sexual
activity
18
Abuse of position of trust: sexual activity in the presence of a child
19
Abuse of position of trust: causing a child to watch a sexual act
20
Sexual activity with a child family member
21
Inciting a child family member to engage in sexual activity
22.Sexual
activity with a person with a mental disorder impeding choice
23.Causing
or inciting a person, with a mental disorder impeding choice, to
engage
in sexual activity
24.
Engaging in sexual activity in the presence of a person with a mental disorder
impeding
choice
25.
Causing a person, with a mental disorder impeding choice, to watch a sexual
Act
26
Inducement, threat or deception to procure sexual activity with a person with
a
mental disorder
27.
Causing a person with a mental disorder to engage in or agree to engage in
sexual
activity by inducement, threat or deception
28.
Engaging in sexual activity in the presence, procured by inducement, threat
or
deception, of a person with a mental disorder
29.
Causing a person with a mental disorder to watch a sexual act by inducement,
threat
or deception
30. Care workers: sexual activity with a person
with a mental disorder
31
Care workers: causing or inciting sexual activity
32
Care workers: sexual activity in the presence of a person with a mental
disorder
33.
Care workers: causing a person with a mental disorder to watch a sexual act
34.
Indecent photographs of children
35.
Paying for the sexual services of a child
36.
Causing or inciting child prostitution or pornography
37.
Controlling a child prostitute or a child involved in pornography
38.
Arranging or facilitating child prostitution or pornography
39.
Causing or inciting prostitution for gain
40.
Controlling prostitution for gain
41.
Owning or operating a brothel or building used to facilitate prostitution.
42.
Administering a substance with intent
43.
Committing an offence with intent to commit a sexual offence
44.
Trespass with intent to commit a sexual offence
SCHEDULE
II:
SCHEDULE
OF OFFENCES RELATING TO HUMAN TRAFFICKING TO BE LISTED ON THE VARIOUS DATABASES
OPERATED BY THE CARIBBEAN ORGANIZATION AGAINST SEX CRIMES.[6]
1.
Human Trafficking.
2.
Human Trafficking for
the purposes of sexual exploitation.
3.
[1] Taken from UNITED
NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf
[2] Safeguard in case organized
crime corrupts or kills members of the Organization
[3] Many cases for sex crimes never achieve a conviction due to
technicalities , or due to the victim being unable to testify or giving poor
testimony due to trauma etc.
I have seen a victim of statutory rape voluntarily withdraw her case against her rapist already.
The idea is in the case of someone who may have been charged many times for similar sex crimes they can be flagged as a ‘person of interest’ who may warrant observation . Perhaps the fact that they have been charged many times for similar crimes can be admitted as similar fact evidence against them in a trial.
Perhaps this database may help deter some criminals as well.
I have seen a victim of statutory rape voluntarily withdraw her case against her rapist already.
The idea is in the case of someone who may have been charged many times for similar sex crimes they can be flagged as a ‘person of interest’ who may warrant observation . Perhaps the fact that they have been charged many times for similar crimes can be admitted as similar fact evidence against them in a trial.
Perhaps this database may help deter some criminals as well.
[4] 1981, an article published in American Journal
of Psychiatry described
paraphilia as "recurrent, intense sexually arousing fantasies, sexual
urges, or behaviors
No comments:
Post a Comment