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1. EU Council Directive on short term permits
approved
On 29 April 2004, the EU
Council Directive (2004/81/EC) (available here as a PDF
file, see bottom of page about reading PDF
files) on the residence permit issued to third-country
nationals who are victims of trafficking in human beings or
who have been the subject of an action to facilitate illegal
immigration who co-operate with the competent authorities,
entered into force. The Directive sets out the criteria for
issuing a residence permit to victims of trafficking, which
includes that they have shown a clear intention to co-operate
with the authorities. The Directive also stipulates that trafficked
people should be informed of "the possibility of obtaining
this residence permit and be given a period in which to reflect
on their position. This should help put them in a position to
reach a well-informed decision as to whether or not to co-operate
with the competent authorities".
Member states will provide trafficked people with subsistence,
access to emergency medical treatment and attend to the special
needs of the most vulnerable during a reflection period. Where
a government considers that a trafficked person does meet the
criteria for a residence permit then this will be issued for
at least six months. Residence permit holders should be authorised
to access the labour market, vocational training and education
according to rules set out by national governments.
All EU states are obliged to bring their national law into
line with the Directive before 6 August 2006, except those,
like the UK, which have negotiated an "opt out" from
this type of EU legislation. This means there is the potential
for national organisations to campaign and engage with their
governments in order to improve on and more clearly define many
aspects of the Directive. For example, whether NGOs will be
authorised to identify trafficked people and inform them of
the possibilities under the Directive; how long the reflection
period should be; the type of assistance that will be available
to trafficked persons; the procedures for authorising
access to the labour market and training, etc.
2. Draft report of EU Experts Group on trafficking
out on web
The draft
report of the EU Experts Group on Trafficking in Human Beings
is now available from the European Commission website. A
consultative workshop on the draft report will be held in Brussels
on 26 October 2004. The Experts' report to the Commission is
supposed to be the basis for launching concrete proposals at
a European level in 2005. Information
on the workshop (agenda, invitation, registration form,
etc) is also available on the Commission's website.
3. Discussion continues on Council of Europe
Convention on trafficking
The Council of Europe's Ad Hoc Committee on Action against
Trafficking in Human Beings (CAHTEH) met in Strasbourg (28 September-1
October) to continue drafting a European Convention against
Trafficking in Human Beings. Over 120 NGOs working on trafficking
and related issues have signed up to a joint statement which
calls on the CAHTEH to strengthen measures to protect and support
traffiicked people. This statement was presented to the CAHTEH
prior to their discussions and has been used in press and lobbying
work by individual organisations. Many thanks to all NGOs who
supported this initiative and please continue to lobby your
national governments on these issues. The
full statement with a list of supporting NGOs is attached
as a PDF (see bottom of page about reading
PDF files). Other organisations wishing to sign should e-mail
Tomaso at europeigoteam@amnesty.org.
Background
documents and a joint press release from Anti-Slavery International
and Amnesty International are also available.
4. Migrant worker developments in Thailand
The Thai Government initiated a migrant labour registration
process between 1-31 July 2004 during which 1,210,633 individuals
registered and have been given a work permit and access to health
care in Thailand. The great majority of those registering were
from Burma (852,758 individuals) with Lao and Cambodian migrants
making up the rest. The largest numbers registering were in
Bangkok, Tak Province and Samut Sakorn Province. The police
state that they are now focussing on apprehending and prosecuting
illegal migrant workers and their employers. Illegal migrant
workers face a maximum of three months in prison and/or a maximum
5,000 baht fine (US$120). Employers of illegal migrant workers
face maximum penalties of three years in prison and/or a 60,000
baht fine. A large number of unregistered migrant workers are
reported to have been deportated since the registration period
ended.
In a separate development, the Action Network for Migrants
reported that in August 2004,
18 Burmese migrant workers have been awarded 1,170,000 baht
in compensation for the severe exploitation they endured for
over two years at the Nut Knitting Factory in Mae Sot, Tak province,
Thailand. While this is less than the 4.6 million baht compensation
initially ordered by the Labour Protection Office, this case
is still considered a breakthrough which may pave the way for
other migrant workers to receive protection under Thailand's
labour laws. For more information please contact: action_migrants@yahoo.com
5. Publications and web resource
The Sector Project against Trafficking in Women of the GTZ
recently published a study on Changes
in Trafficking in Women in Europe Within the Context of EU Enlargement
(August 2004). The study refers to expected changes in labour
migration and its meaning for trafficking in women, particularly
in South Eastern Europe. Three case studies illustrate the characteristics
of trafficking in women from Romania, Bulgaria and Moldova.
In May 2004, GTZ also published Coercion
in the Kidney Trade: A background study on the issue of organ
trafficking worldwide by Elaine Pearson. The study gives
information on the scope of the problem, trends, regional patterns
and ways in which the issue is being placed on the public agenda.
It makes recommendations to donors, governments and NGOs working
on trafficking or health issues.
Terre des Hommes
has launched a new website on trafficking which includes
more than 232 studies and research reports covering more than
100 different countries. Around 150 conventions, laws and policies
are avilable under the section entitled Laws and there
are approximately 100 links to leading anti-trafficking websites.
The site will be regularly updated.
6. Conferences and training
Academy of European Law (ERA) has organised a seminar on Trafficking
in Persons: towards a common legal framework in the EU?
in Trier, Germany from 21-22 October 2004. The seminar will
focus on practical legal issues that are important in the process
of implementing relevant EU legislation and its application
at the national level. It offers an opportunity for exchanging
views and experience regarding the Council Framework Decision
on combating trafficking in human beings and other relevant
acts.
The results of research into child domestic workers in Switzerland
commissioned by Terre des Hommes Schweiz will be discussed at
a conference on 21 October in Basel, Switzerland. Speakers from
Brazil, Tanzania and France will also give insights into the
problem and demonstrate the local causes and global relations
and a panel discussion will also consider possible solutions.
For more information e-mail: info@terredeshommes.ch
or go to the Terre
des Hommes Schweiz website.
The Diplomacy Training Program, affiliated with the Faculty
of Law at the University of New South Wales, Australia is calling
for applications for its Migrant
Workers Training Program. The training is aimed at human
rights defenders from the Asia-Pacific Region and will take
place in Australia from 21-27 November, 2004. The training will
aim to provide information on the Migrant Workers Convention
and its relationship to the current marginalised position of
migrant workers and strategies for using the Convention to advance
the rights of migrant workers in the region. For more information
on the training go to their
website or e-mail dtp@unsw.edu.au
.
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