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Amnesty International and Anti-Slavery International are calling
on European countries to focus new anti-trafficking measures on
protecting victims -- not just national borders.
The call comes as a drafting group of representatives of the 46
Council of Europe member states (known as the CAHTEH) are due to
begin their last meeting in Strasbourg on 22 February to finalise
the draft European Convention Against Trafficking in Human Beings.
"The Parliamentary Assembly of the Council of Europe (PACE)
has already set out a blueprint for a convention that will focus
on protecting the rights of trafficked people. Council of Europe
member states must set a high standard when it comes to protecting
trafficked peoples' rights -- rather than settling for the lowest
common denominator," said Mary Cunneen, Director of Anti-Slavery
International, which has been working to eradicate slavery for over
160 years.
"It is of vital importance that the 25 European Union
(EU) member states -- which form the majority of the Council of
Europe states -- support the higher standards embodied in the PACE
recommendations. This will require that most of the states agree
to include provisions in the Council of Europe treaty which are
more protective of the rights of trafficked persons than those set
out in their national law or EU legislation. Many existing laws
focus more on criminalisation and border control; they link assistance
and protection to a trafficked person's willingness to participate
in law enforcement efforts against the traffickers. The focus should
be on respect and protection of trafficked persons human rights",
said Jill Heine, Legal Adviser for Amnesty International.
"A stronger treaty would be an indispensable tool in the
fight against this serious human rights violation, whose incidence
has increased dramatically within Europe over the past 10 years,"
said the representatives of Amnesty International and Anti-Slavery
International, who will be attending the CAHTEH meeting in Strasbourg.
In particular, Amnesty International and Anti-Slavery International
call on CAHTEH to ensure that the European Convention against Trafficking
requires that:
- Trafficked persons are given access to necessary medical assistance;
- A minimum recovery and reflection period of at least three months
is offered to all trafficked persons, and that the person's presence
in the country is regularised and recognised during this time;
- Minimum six months-renewable and permanent residence permits
are issued to trafficked persons on the basis of the needs and
risks of their personal situation and/or to ensure their presence
during proceedings (against the traffickers and/or for compensation),
and family reunification is available;
- Trafficked persons are not detained, charged, or prosecuted
for illegal entry or residence and activities, which are a direct
consequence of their situation as trafficked persons.
In addition provisions for monitoring implementation of this treaty
by states should be strengthened. There should be one single independent
expert body (called "GRETA") which monitors the implementation
of the Convention by EU and non-EU member states alike, and is mandated
to consider collective complaints from non-governmental organisations
alleging the non-fulfilment of a state's obligations under the Convention.
These recommendations draw from existing international standards,
echo those of the Parliamentary Assembly of the Council of Europe
in its Opinion adopted in January 2005, and reflect the recommendations
expressed by 179 non-governmental organisations (NGOs) working for
or on behalf of trafficked persons.
BACKGROUND:
The European Convention Against Trafficking in Human Beings
is being drafted by the Ad Hoc Committee on Action against Trafficking
in Human Beings (CAHTEH). At its January 2005 plenary session, PACE
adopted an Opinion on the December 2004 draft European Convention
against Trafficking prepared by the CAHTEH.
The CAHTEH will forward the draft Convention to the Council of
Europe's Committee of Ministers at the end of their meeting. It
is expected that the Committee of Ministers will then review, debate
and adopt the European Convention on Action Against Trafficking
in Human Beings in March 2005. The Convention will then be opened
for signature at the Council of Europe's Third Summit of Heads of
State and Government on 16/17 May 2005.
Amnesty International and Anti-Slavery International presented
their latest comments on the draft Convention in a document entitled:
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).
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