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"We were his property he said. By buying us, he had the
right to beat us, rape us, starve us, and force us to have sex with
clients." (Testimony of a trafficked woman, contained in
Amnesty International report, So Does It Mean That We Have the
Rights? Protecting the human rights of women and girls trafficked
for forced prostitution in Kosovo, AI Index: EUR 70/010/2004)
On the eve of a debate on the contents of the draft European
Convention Against Trafficking in Human Beings (draft European
Convention), Amnesty International and
Anti-Slavery International call on the Parliamentary Assembly of
the Council of Europe (PACE) to ensure that the human rights of
trafficked persons are recognised and fully protected.
"The Council of Europe has the opportunity to put protection
of the human rights of victims of trafficking at the heart of the
treaty it is drafting on trafficking of human beings. In order to
achieve this aim, the draft European Convention Against Trafficking
in Human Beings must be strengthened so that it requires that
states provide comprehensive protection and support, including a
minimum period of recovery of at least three months, with support
and assistance measures, to enable victims to begin to recover,
and to receive help," said Mary Cunneen, Director of Anti-Slavery
International.
"While states individually and collectively have taken
steps to criminalise trafficking and prosecute traffickers, it is
widely recognised that states must do more to protect the rights
of trafficked persons. At this time we call on PACE and other bodies
of the Council of Europe to seize the opportunity to establish the
highest standards for states protection of trafficked persons. To
do this, the draft European Convention Against Trafficking must
be strengthened" said Jill Heine, Legal Adviser for Amnesty
International.
To ensure that the rights of trafficked persons are fully protected,
Amnesty International and Anti-Slavery International urge PACE (made
up of members of parliaments of the 46 Council of Europe Member
States) to incorporate the recommendations listed in the organisations'
joint document Council of Europe: Recommendations to strengthen
the December 2004 Draft European Convention on Action against Trafficking
in Human Beings (AI Index: IOR 61/001/2005), into the Opinion
that it will submit to the Committee of Ministers on this draft
treaty.
In particular, Amnesty International and Anti-Slavery International
urge strengthening of the December 2004 draft European Convention
so that it requires states to:
- Guarantee the availability of a range of services and assistance
including emergency and necessary medical care, as well as shelter,
counselling and physical protection for all trafficked persons
and, as necessary, members of their families; access to education
and work should also be offered;
- Ensure that trafficked persons may remain in the country during
a reflection period of at least three months, to begin to recover
and escape the influence of traffickers and make informed decisions
about their future in safety and security;
- Offer either temporary residence permits (lasting a minimum
of six months) or permanent residence to trafficked victims who
would be in danger if they were returned home or if such is necessary
to enable them to participate in legal proceedings for their compensation
or against their traffickers;
- Prohibit the detention, charge, or prosecution of trafficked
persons for illegal entry or residence and activities which are
a direct consequence of their situation as trafficked persons;
- Establish jurisdiction over persons suspected of trafficking
under terms which would ensure, to the largest extent possible,
there are no safe havens for those responsible for trafficking;
- Establish an effective monitoring of the implementation of the
Convention by a body of independent experts, which is empowered
to carry out country visits and to consider collective complaints
about the implementation of the Convention by a state.
We also urge the Committee of Ministers to reconvene the drafting
group of government-experts, known as the CAHTEH -- before the next
session of the Committee of Ministers in March 2005 -- for the purpose
of considering the recommendations contained in the PACE Opinion
as well as those made by non-governmental organisations on the draft
European Convention. Given the lack of consultation to date on this
treaty in most states and the key role that they play in assisting
trafficked persons, relevant NGOs should be invited to attend and
participate throughout such a meeting.
BACKGROUND
The Council of Europe's Committee of Ministers has mandated
a group of government-representatives, called the Ad Hoc Committee
on Action against
Trafficking in Human Beings (known as "CAHTEH"), to draft
a European Convention against Trafficking in Human Beings. The Committee
of Ministers have specifically requested the CAHTEH to focus on
the human rights of victims of trafficking and design a comprehensive
framework for the protection and assistance of trafficked persons
and witnesses as well as on prevention, investigation, prosecution
and international co-operation.
At its January 2005 plenary session, PACE will debate and adopt
an Opinion on the December 2004 draft European Convention against
Trafficking prepared by the CAHTEH. After consideration of the PACE
Opinion, it is likely that the Council of Europe's Committee of
Ministers will adopt the European Convention on Action against Trafficking
in Human Beings in March 2005, and that it will be opened for signature
at the Council of Europe's Third Summit of Heads of State and Government
in May 2005.
Amnesty International and Anti-Slavery International are not
the sole voices calling for the strengthening of the draft European
Convention against Trafficking in Human Beings. More than 170 other
non-governmental organisations (NGOs) from 30 countries have joined
them; a statement urging the Council of Europe's Committee of Ministers
to strengthen the draft European Convention against Trafficking
in Human Beings was submitted in November 2004 (text of the NGO
Joint Statement is contained in appendix 2 of Council of Europe:
Recommendations to strengthen the December 2004 Draft European Convention
on Action against Trafficking in Human Beings (AI Index: IOR 61/001/2005).
For more information, please see the following documents:
Amnesty International's and Anti-Slavery International's 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.
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