Trafficking and Smuggling of Migrants: legal framework

International law

The United Nations Convention against Transnational Organized Crime's web page contains the full text of the Convention and the protocols thereto in the six official UN languages (Arabic, Chinese, English, French, Russian and Spanish), in addition to the list of signatories states. There is also information on the working groups and supporting documents to implement the articles of the Convention by individual countries.

National laws

ArgentinaArgentina

Law 25.632, 29 August 2002.
Approves the United Nations Convention against Transnational Organized Crime and the protocols thereto: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Protocol against the Smuggling of Migrants by Land, Air and Sea (in Spanish).

Decree 1281/2007, 2 October 2007.
Create the "National Program on Prevention and Eradication of Trafficking in Persons and Victims Assistance", within the Ministry of Interior. Enforcement Authority. Objectives and Functions (in Spanish).

Law 26.364, 29 April 2008.
Prevention and punishment of trafficking in persons and assistance to its victims. General Provisions. Victims' Rights. Criminal and Procedural Provisions. Final Provisions (in Spanish).

Law 26.382, 10 June 2008.
Approves the agreement against the smuggling of migrants among the States Parties of MERCOSUR, signed in Belo Horizonte, Federative Republic of Brazil on December 16, 2004 (in Spanish).

Law 26.384, 10 June 2008.
Approves the agreement against the smuggling of migrants among the States Parties of MERCOSUR, the Republic of Bolivia and the Republic of Chile, signed in Belo Horizonte - Federative Republic of Brazil on December 16, 2004 (in Spanish).

BrazilBrazil

Decree 5015, 12 March 2004.
Promulgates the United Nations Convention against Transnational Organized Crime (in Portuguese).

Decree 5016, 12 March 2004.
Promulgates the Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime (in Portuguese).

Decree 5017, 12 March 2004.
Promulgates the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (in Portuguese).

Law 11106, 28 March 2005.
Amends articles 148, 215, 216, 226, 227, 231 and adds article 231-A of Decree-Law 2848 of December 7, 1940 - Penal Code and other provisions (in Portuguese).

Ordinance MJ 2167, 7 December 2006.
Establishes the application of the Action Plan to Counter Trafficking in Persons in between Member States of MERCOSUR and Associated States (MERCOSUR/RMI/AGREEMENT 01/2006) (in Portuguese).

Decree 5948, 26 October 2006.
Aproves the National Policy to Counter Trafficking in Persons and establishes the Interministerial Working Group in order to develop a National Plan to Counter Trafficking in Persons (in Portuguese).

Decree 6347, 8 January 2008.
Approves the National Plan to Counter Trafficking in Persons and establishes the Advisory Evaluation and Dissemination Group (in Portuguese).

Ordinance SNJ 031, 20 August 2009.
Defines the powers of the Centres to Counter Trafficking in Persons and of  the Advanced Outposts (in Portuguese).

Chile

Penal Code (last amended 2008)

Bill that criminalizes trafficking in children and adults and sets standards for more effective prevention and criminal prosecution, 2005 (in Spanish).

Paraguay

Decree 210, 25 November 2003.
Modifies Paraguay's Penal Code (in Spanish).

Uruguay

Law 18250, 17 January 2008.
Migration (in Spanish).

Law 17815, 14 September 2004.
Commercial or non-commercial sexual violence against children, young or disabled (in Spanish).