|
1. UNGIFT Forum in Vienna
The Vienna Forum; a UN Global Initiative to Fight Trafficking
(UN.GIFT) was organised by the UNODC in February 2008. The event
was attended by over a thousand of delegates from all over the
world and was held as a high profile event, with participation
of many celebrities. For the fist time, there was a significant
presence of private sector at a conference on trafficking on
human beings. Information and comments on the event and debate
on the potential of large scale events to yield results can
be found on the website of UN.GIFT
as well as NGO networks GAATW
and La Strada.
2. UK announces the plan to ratify the Council
of Europe Convention by 2008
The Home Secretary Jacqui Smith announced at the end of
January 2008 that the UK will ratify the Council of Europe
Convention on Action against Trafficking in Human Beings
by the end of 2008.
The Convention entered into forced on 1 February 2008. So far,
16 countries have ratified the Convention (Albania, Austria,
Bosnia&Herzegovina, Bulgaria, Croatia, Cyprus, Denmark,
France, Georgia, Latvia, Malta, Moldova, Norway, Portugal, Romania
and Slovakia). See the chart
of signatures and ratifications for more information.
3. Compensation for forced labourer in Ireland
In February 2008, a man trafficked into forced labour in Ireland
was awarded compensation of €116,000. A Pakistani man worked
in a restaurant in Dublin for five years in conditions of forced
labour. He was forced to work for extreme hours, with no days
off; the employer imposed extortionate deductions on his pay
for accommodation. The man’s passport was held by the employer,
who also threatened him to revoke his work permit and get him
deported if he complained.
The director of the Dublin based Migrant’s Right Centre,
Siobhan O’Donoghue, that assisted the man after his escape
commented on the case: “It took a lot of courage for him
to break free from the threats and control that the employer
apparently exerted over him. Even after he made an official
complaint the employer apparently coerced him into signing a
document retracting his complaint.” She went on to say:
“He is very fortunate that when he came to the MRCI he
was still documented. This made it possible for us to
help him seek justice. Unfortunately many other victims
of trafficking that we come across are undocumented and that
presents a major barrier. Most people are too afraid
to take the risk to come forward, especially when they are undocumented.
Currently there is no legal framework protecting the victims
of trafficking in Ireland and the ones now proposed in the new
Immigration Bill are not nearly strong or clear enough.
The employer was ordered by a Rights Commissioner to pay compensation
totalling €116,000 to a former employee, for gross breeches
in employment law.
4. Developments in anti-trafficking legislation
in Ireland
The Irish Parliament is about to adopt two major pieces of legislation
on trafficking in human beings. In April 2008, the Criminal
Law (trafficking) Bill shall be adopted. The bill is first
piece of legislation in Ireland on trafficking in human beings.
The second law, the Immigration, Residence and Protection
Bill is entering into a 3rd stage of debate at the end of
March 2008. The immigration bill incorporates into the Irish
legislation provisions of the Council of Europe Convention
on Action against Trafficking in Human Beings, such as the
recovery and reflection period (the Bill envisages 45 days)
and a short-term residence permit.
Non-governmental organisations, such as the Irish Refugee Council
are concerned that the draft bill does not provide sufficient
protection to trafficked persons and treats the victim as a
tool for the investigation and prosecution, disregarding their
rights and protection needs. According to the good practice
tested in other European countries, a reflection period should
be minimum of 6 months. The draft is also lacking measures that
are required by the Convention, such as a non-punishment clause
and the possibility of granting temporary residency on humanitarian
grounds, whether or not the victim is able and willing to co-operate
with the authorities.
5. The Council of Europe and Norway create
a trust fund to support the implementation of the Convention
on Human Rights
Terry Davis, Secretary General of the Council of Europe, and
Jonas Gahr Støre, the Minister of Foreign Affairs of
Norway, signed on 14 March 2008 an agreement for the creation
of a Human Rights Trust Fund to support projects in Europe to
ensure the application of the Convention on Human Rights. The
first projects will be funded in 2008.
Norway will initially make a one million euros contribution
to the fund. The fund will be open for other states to participate.
The purpose of the fund is to support national efforts through
specific projects to achieve the following objectives: that
effective national remedies exist for anyone who wishes to file
a complaint due to a violation of the Convention; that procedures
at national level comply with the legal procedures under the
Convention to conduct effective investigation in the case of
serious violations of human rights; that effective mechanisms
exist for verifying the compatibility of draft legislation and
administrative practice with the Convention; the adequate training
in convention standards of law professionals; the dissemination
of the Court’s case-law; full and timely domestic execution
of judgments of the Court; adequate organisation and management
of administrative and judicial public services
6. Norway to introduce new au-pair regulations
In January 2008, Norway introduced new regulations aiming
at protecting au-pairs from exploitation. According to the new
regulations, a standard employment contract must be concluded
between the au-pair and the host family. The contract also must
include information on rights and obligations for au-pairs and
the families.
Apart from the compulsory standard, the host family also must
pay for tuition of Norwegian language. A minimum amount of pocket
money to be paid to au-pairs has also been set.
See for more information.
7. Events
The UN
Committee on Migrant Workers will meet from 14 to 25 April
2008 in Geneva.
Anti-Slavery International in cooperation with the Clifford
Chance law firm and the ILO will organise a conference on slavery
and supply chains in London on May 1, 2008.
8. Publications
Digital library http://www.childtrafficking.com
has been updated with several documents.
The Council of Europe published a study Trafficking
in Human Beings: Internet Recruitment.
La Strada International published a report Violation
of Women’s Rights: A cause and consequence of trafficking
in women.
|
