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Amnesty International and Anti-Slavery International are among
over 100 NGOs from Europe and beyond who are calling on the 45 Council
of Europe Member states to enhance the protection of the human rights
of trafficked persons. The call comes as the Ad Hoc Committee on
Action against Trafficking in Human Beings, (a group of government-representatives
from the 45 Council of Europe member states, known as "CAHTEH")
begins its penultimate meeting in Strasbourg, France on 28 September,
to draft a European Convention against Trafficking in Human Beings.
The number of people in the Council of Europe region who are affected
by this contemporary form of slavery has increased dramatically
over the last decade.
"Trafficking of human beings is, in itself, a serious
human rights violation. It is an offence to the dignity and integrity
of the human being and by its very nature -- involving coercion
and/or deception and exploitation -- victims of trafficking are
subjected to a range of human rights abuses. However, all too often,
trafficked persons are misidentified by the authorities as undocumented
and illegal migrants; they are often treated as criminals rather
than victims of serious human rights abuses and are sent quickly
back to their countries of origin, where many risk reprisals and/or
re-trafficking. Such action also thwarts efforts to bring those
responsible for trafficking to justice," said Mary Cunneen,
Director of Anti-Slavery International.
"States have a responsibility, individually and in co-operation
with each other, not only to take measures to prevent trafficking
and prosecute traffickers, but also to protect and respect the human
rights of trafficked persons," said Jill Heine, Legal Adviser
Amnesty International, who will address CATHEH's meeting in Strasbourg.
Amnesty International and Anti-Slavery International have welcomed
the Council of Europe's focus on trafficking in human beings, and
in particular the mandate of the Foreign Ministers of these 45 states
to the CAHTEH to draft a European treaty which enhances the protection
of the
human rights of trafficked persons.
Having reviewed the most recent draft of the treaty, however, Amnesty
International and
Anti-Slavery International consider that, during its two final meetings,
the CAHTEH must strengthen some of the provisions if it is to fulfil
its mandate to draft a treaty which designs a "comprehensive
framework for the protection and assistance of trafficked persons
and witnesses". Doing so will require states to go beyond existing
norms enshrined in international and regional standards and national
law.
In the joint
Statement (available here as a PDF file, see bottom of page
about reading PDF files) signed by over 100
NGOs working on trafficking and related issues in Europe and beyond,
organisations call on the CAHTEH to ensure that the text of the
European Convention against Trafficking identifies trafficking as
a human rights violation and requires states to ensure:
- The prompt and accurate identification of trafficked persons
by trained and qualified persons;
- That trafficked persons are not detained, charged or prosecuted
for the illegality of their entry into or residence in a country,
or for their involvement in unlawful activities that are a consequence
of their situation as trafficked persons;
- The availability and access of trafficked persons to a full
range of measures of assistance and protection measures and services,
including medical and psychological care, legal assistance and
safe and secure housing, on the basis of need;
- That any person reasonably believed to have been trafficked
is granted a period of at least three months to stay in the country
(known as the Reflection and Recovery Period) while they begin
to recover, to escape the influence of their trafficker and/or
to enable them to make informed decisions about their future,
including co-operation with law enforcement efforts, in security;
- That following the Reflection and Recovery Period, trafficked
persons are granted six-month renewable and permanent residence
permits on the basis of periodic needs and risk assessment, rather
than solely conditional on the co-operation of the trafficked
person with law enforcement efforts;
- That no trafficked person will be returned to any country if
there is a risk to their life or safety, including the risk of
re-trafficking.
If these recommendations are adopted, the Council of Europe's
treaty could fill a significant gap, as today there are no treaties
that comprehensively address states obligations to respect and protect
the human rights of trafficked persons.
Amnesty International and Anti-Slavery International also call
on each government in the 45 Council of Europe member states to
hold consultations about this draft treaty with civil society, in
particular with organisations and individuals which work with or
on behalf of trafficked persons.
Background
The Council of Europe's Committee of Ministers mandated the Ad Hoc
Committee on Action against Trafficking in Human Beings (known as
CAHTEH) to draft a European Convention against Trafficking in Human
Beings by December 2004. During the upcoming meeting,
28 September-1 October, the CAHTEH will complete its second reading
of a draft of this treaty.
The Committee of Ministers specifically requested the CAHTEH to
design a comprehensive gender-sensitive framework for the protection
of the human rights of victims of trafficking, as well as focusing
on prevention, investigation, prosecution and international co-operation.
The Council of Europe, based in Strasbourg, France, was founded
in 1949 to defend human rights, parliamentary democracy and the
rule of law. To these ends, this inter-governmental organisation
has adopted 196 treaties, including the European Convention for
the Protection of Human Rights and Fundamental Freedoms, and
established monitoring bodies including the European Court of Human
Rights. The current Member States of the Council of Europe are:
Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia
& Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania,
Russian Federation, San Marino, Serbia and Montenegro, Slovakia,
Slovenia, Spain, Sweden, Switzerland, FYR Macedonia, Turkey, Ukraine,
United Kingdom. Monaco is due to become the 46th Member State in
October 2004.
For more information, please see the following documents:
Amnesty
International's and Anti-Slavery Internationals General Recommendations
on the draft European Convention against Trafficking in Human Beings
Enhancing
the Protection of the Rights of Trafficked Persons: Amnesty International
and Anti-Slavery International's Recommendations to strengthen provision
of the July 2004 draft European Convention against Trafficking in
Human Beings
To read the joint statement you will need Adobe
Acrobat software to read this document, Adobe Acrobat is available
for free, click to download. .
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