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The four non-governmental organisations (NGOs) are concerned that
many of the key provisions on the draft European Convention on
Action Against Trafficking in Human Beings fail to significantly
enhance the assistance and protection of trafficked persons.
The Council of Europe's Committee of Ministers will review the
draft European Convention Against Trafficking, with a view
to its adoption, on 23 March 2005. The NGOs are calling on the Committee
of Ministers to take this opportunity to strengthen some provisions
of the draft.
The organisations note that the current draft Convention builds
upon existing international standards of protection for trafficked
persons. In particular, it expands the definition of trafficking
set out in the Palermo Protocol* to expressly include internal
(in-state) trafficking and trafficking not necessarily involving
organised criminal groups.
But a number of provisions must be amended if the treaty is to
meet the stated aim of establishing a comprehensive framework for
the protection of the rights of trafficked persons. These include:
- 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;
- all trafficked persons to be given access to necessary medical
assistance;
- a sufficient recovery and reflection period, of at least three
months, for 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 or to ensure their presence
during proceedings (against the traffickers and/or for compensation);
- provisions for family reunification when a trafficked person
is issued residence permits.
The organisations further call on the Committee of Ministers to
ensure that the treaty establishes a single independent expert body
(Group of Experts on Action Against Trafficking in Human Beings,
known as GRETA) to monitor implementation of the Convention by European
Union (EU) and non-EU member states alike. This body should also
be mandated to consider collective complaints from non-governmental
organisations (NGOs).
These recommendations are consistent with those proposed by the
Parliamentary Assembly of the Council of Europe in January 2005
and the recommendations of NGOs that work on behalf of trafficked
persons. These recommendations have not been included in the current
draft of the Convention due to the opposition by the EU member states,
and by the European Commission on their behalf.
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