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Trafficking in human beings is a growing form of slavery which
plagues Europe. The 46 member states of the Council of Europe have
the opportunity to take a leading role in the protection of the
rights of trafficked people; to do so they should further strengthen
the draft European
Convention on Action against Trafficking in Human Beings, said Amnesty
International and Anti-Slavery International.
The call of the two organisations comes as government-representatives,
who form the Ad Hoc Committee on Action Against Trafficking in Human
Beings (known as "the CAHTEH"), begin what may be their
last meeting to finalise their proposals for a treaty which aims
to enhance the protection of the rights of trafficked persons, as
well as to ensure greater efforts to prevent trafficking and the
prosecution of traffickers. During its meeting in Strasbourg,
France, from 7-10 December, the CAHTEH will review provisions
of the draft European Convention on Action against Trafficking and
then pass it to the Council of Europe's Committee of Ministers for
their consideration.
"People who have been trafficked are victims of a terrible
crime. If their rights are to be protected from further violation
and the fight against human trafficking strengthened, it is vital
that the women, children and men who are trafficked throughout Europe
are properly identified and ensured effective protection, regardless
of whether they have been trafficked into prostitution or labour
exploitation. The Council of Europe's convention on trafficking
provides an opportunity to achieve this which must not be missed,"
said Mary Cunneen, Director of Anti-Slavery International, which
has been working to eradicate slavery for over 160 years.
"Trafficked persons are bought and sold, kidnapped, lured
by false promises of work or marriage, raped and subjected to other
forms of torture and ill-treatment. Their passports and identity
documents are often taken away by their traffickers; their freedom
of movement is commonly restricted. Some are held in debt-bondage;
others are not paid at all, they work, literally, as slaves. Many
face threats to their lives and/or the lives of their family members
if they attempt to escape or co-operate with law enforcement authorities",
said Jill Heine, Legal Adviser for Amnesty International.
Amnesty International and Anti-Slavery International warmly welcome
the stated aim of the Council of Europe to draft a treaty which
enhances the protection of the human rights of trafficked persons.
The two organisations consider that the current (October 2004) draft
needs to be strengthened, in order to meet its aim. To this end,
the two organisations have published a document, Amnesty International's
and Anti-Slavery International Recommendations to
Strengthen the October 2004 Draft of the European Convention
on Action against Trafficking in Human Beings (AI Index: IOR
61/024/2004).
The two organisations have been alarmed to learn of a proposal
which has been tabled by a government in recent days, after publication
of their recommendations, that risks undermining the effectiveness
of the draft treaty. The proposal is to include a provision that
would make the
Council of Europe's treaty subsidiary to European Union (EU) legislation
on trafficking, with respect to EU member states.
"This proposal risks significantly weakening the European
Convention against Trafficking. It risks being regarded as a
green light to the EU to draft laws which are less protective of
the rights of trafficked persons than the standards set out in the
Council of Europe treaty. We urge that this proposal be vigorously
opposed. It runs counter to the very object and purpose of the treaty,
which was agreed by the representatives of the 46 states which sit
on the Council of Europe's Committee of Ministers. Instead, the
Council of Europe and the EU should be working co-operatively to
ensure the highest protection of the rights of trafficked persons",
Amnesty International and Anti-Slavery International said.
In addition, the two organisations have called on the CAHTEH to
ensure, among other things, that the text of the European Convention
against Trafficking is strengthened by:
- Characterising trafficking as a human rights violation;
- Requiring states to ensure that persons experienced in working
with
trafficked persons are responsible for their prompt and accurate
identification;
- Ensuring that trafficked persons are treated as the victims
of the crimes
that they are and 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;
- Requiring states to make available a full range of assistance
and
protection, including medical and psychological care, legal assistance,
safe and secure housing, and education, in particular to children;
- Ensuring that persons reasonably believed to have been trafficked
are
afforded a minimum period of three months to begin to recover
from their
ordeal, escape the influence of their traffickers and make informed
decisions about their future, including co-operation with law
enforcement
efforts to pursue their traffickers, in security; their presence
in the
country during this time should be regularised and recognised;
- Requiring that, following this period, trafficked persons are
granted
six-month-minimum renewable and permanent residence permits on
the basis of
periodic needs and risk assessments;
- Ensuring 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;
- Ensuring the right of trafficked persons to reparation, including
compensation, regardless of whether or not their traffickers are
identified, arrested or prosecuted.
- Ensuring, as far as possible, that there are no safe havens
for
traffickers;
- Creating an independent expert-body, chosen in a transparent
manner, to
assist states in their implementation of this treaty, including
by
considering collective complaints about its implementation.
"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 said.
Background:
More than 170 other non-governmental organisations (NGOs) from
30 countries have joined Amnesty International and Anti-Slavery
International in these calls; their statement urging the Council
of Europe's Committee of Ministers to strengthen the draft European
Convention against Trafficking in Human Beings was submitted last
month.
It is expected that, following the CAHTEH meeting, the Council
of Europe's Committee of Ministers will forward the text of the
draft European Convention against Trafficking to the Parliamentary
Assembly of the Council of Europe (PACE), requesting their opinion
by the end of January 2005. After consideration of this Opinion,
it is likely that the Committee of Ministers will then adopt the
European Convention on Action against Trafficking in Human Beings
in March 2005, and that the treaty will be opened for signature
at the Council of Europe's Third Summit of Heads of State and Government
in May 2005.
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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