Nurkhasenov Z.A. the undergraduate 1 courses of departments of international law,

the research supervisor Dosymbekova M. S. Cand.Jur.Sci.,

the associate professor of International law

KazNU named by al-Farabi

Traffic of people as modern form of human slavery

The problem of a modern form of slavery - traffic of people - was lifted by human rights activists at the beginning of the 20th century. At that time the special attention was paid to women from Great Britain who were compelled to prostitution in the countries of continental Europe. So there was a term "white slavery" which extended later on the general concept of traffic of people.

The world community reacted to this phenomenon acceptance of a number of joint documents for the purpose of opposition to it. Treat them: The international agreement on prohibition of trade in white slaves (International Agreement for the Suppression of White Slave Traffic) signed in 1904 and revised by the Protocol of 1948; The international Convention on prohibition of trade in white slaves (International Convention for the Suppression of the White Slave Traffic) signed 1910 and revised in 1921 by the Protocol of the international Convention on prohibition of smuggling of women and children (Protocol on International Convention for Suppression of Traffic in Women and Children) and the protocol of 1949, the Convention on prohibition of human trafficking and operation of prostitution by the third parties (Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others) adopted in 1949, the Convention on slavery (Convention Against Slavery) adopted by League of the Nations in 1926 and the Additional Convention on abolition of slavery, a slave trade and the institutes and customs similar to slavery which came into force in 1957, and also other international documents.

The convention of League of the Nations of 1926 signed in Geneva determines by the slave the person concerning whom the actions inherent in the property right are partially or completely carried out, the slave trade is understood as all actions connected with capture, acquisition, transportation of any person for the purpose of the address to slavery, sale or an exchange.

Is important for this research also the institutes and customs similar to slavery which treat: a) a debt bondage - situation or a state at which the debtor as providing a debt puts the work or work of the person, dependent on it, thus work of the person isn't limited, character it isn't defined; b) a bondage - such use of the earth at which the user by law, custom or the agreement has to live and work at the earth belonging to other person and to perform a certain work, without having opportunity to change the state; c) any institute or custom owing to which the agreement on marriage without the right of refusal from the bride is concluded and receiving remuneration by the persons controlling her is carried out her transfer to other person for remuneration or by a right of succession; d) any institute or custom owing to which the persons under 18 are transferred by the controlling his face for remuneration or without that to other person for the purpose of operation.

According to the Protocol of the UN: a) traffic of people means the recruitment which are carried out for operation, transportation, transfer, concealment or receiving people by threat of force or its application or other forms of coercion, stealing, fraud, deception, an abuse of power or vulnerability of situation, or by bribery, in the form of payments or benefits, for receiving a consent of the person controlling other person. Operation includes, at least, operation of prostitution of other persons or other forms of sexual exploitation, forced labor or the services, slavery or customs similar to slavery, a servitude or extraction of bodies; b) the consent of the victim of traffic to the planned operation about which it is told in the subparagraph (but) isn't taken into account if any of the levers specified in the subparagraph was used (and); c) recruitment, transportation, transfer, concealment or receiving children for is more whole than operation are considered as "traffic of people" even in case they aren't connected with application any of the levers specified in the subparagraph (and); d) "child" means any person which didn't reach 18-year age.

Traffic of people can't be reduced to illegal migration, smuggling of people (smuggling). "Smuggling of migrants means providing, for the purpose of receiving, directly or indirectly, any financial or other material benefit, illegal entry into any state of any person who isn't his citizen or doesn't live constantly in his territory". Thus, smuggling of people is a crime against the public order regulating legal entry into the state, however, of not having certain victim whereas in case of traffic, the persons which underwent it are the victims of a crime which human rights are violated.

Traffic of people needs to be considered as threat of national security of this or that country including not only safety of the state system, but also civil society and the individual. For example, the violation of the fundamental rights and personal freedoms, the citizen of the Republic of Kazakhstan which is carried out in the course of traffic contradicts the main national interests of the country, conducts to easing of legality and a law and order, is threat of public safety.

Human rights as system of the international legislative standards were for the first time formulated in 1948 in the Universal declaration of human rights, the document which isn't the legal act, and accepted as an ideal according to which the states had to govern the relations with the citizens and form the state and legal system. Added subsequently with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 1976, and, called the International Bill about human rights, the principles of the declaration received a real documentary embodiment.

Articles of the International bill about human rights guaranteeing to each person the right for life, for freedom and for security of person, a ban on slavery or a servitude in all of them types, a ban on tortures or cruel brutal or a degrading treatment and punishment, the right for free movement and a choice of a residence within each state, and also the right to leave any country, including own are especially important, and to come back to the country.

Thus, traffic is a crime against the personality. Therefore, the American version of the term trafficking in persons (that means traffic of persons), widely used in the international research and political practice, underlines importance of consideration of object of traffic as persons, in total her biological, social qualities and specific features, freedom and which rights are exposed to the most severe infringement and violation. The personality who underwent traffic of people is defined as the victim of traffic.

Literature:

1. The universal declaration of human rights, is accepted and proclaimed

the resolution 217 And (111) of the United Nations General Assembly of December 10, 1948.- online.zakon.kz

2. The convention of the UN against a transnational organized crime, is adopted on November 15, 2000 by the resolution of the United Nations General Assembly No. 55/25.- un.org

3. The protocol of the UN on prevention and suppression of human trafficking, especially women and children, and punishment for it, supplementing the Convention of the UN against a transnational organized crime, is adopted by the resolution 55/25 of General Assembly of November 15, 2000. - un.org

4. Woman, law, migration. Conference materials on November 23-24, 2010, Almaty: International Organization For Migration, 2010. - 217s.

5. Shakirova S., Toktybayev K. Female measurement of human rights in Kazakhstan. Almaty, 2001. - 214s.