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1. More support for the 1990 Convention
on migrant workers
The European Economic and Social Committee (EESC) issued an
opinion on 30 June 2004 which calls on Member States of the
European Union to ratify the 1990 UN Convention on migrant workers.
This opinion supports the view taken by the European Parliament
(Resolution A5-0445.2003).
The EESC notes that the 1990 Convention, which entered into
force on 1 July 2003 and received its 26th ratification on 18
June 2004 from Libya, is "based on the fundamental principle
of ensuring a minimum level of protection for all immigrants".
The Convention provides basic rights for irregular migrants
and further rights for regular migrants.
The EESC recognises that labour migration into the EU will
increase considerably over the coming years and that appropriate
legislation will be required to manage this process. It also
notes that some "national legislation does not fully tally
with the applicable international
conventions on human rights and European Directives". The
EESC underlines that the EU, which is keen to establish international
rules in a host of areas (in international trade within the
WTO, in the environment through Kyoto, etc.), must also ensure
that basic rights of immigrants are guaranteed via such international
norms.
Consequently the EESC calls upon the President of the Commission
and the current Presidency of the Council to undertake the necessary
political initiatives to ensure that the EU Member States ratify
the 1990 Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families within the
coming 24 months. To facilitate ratification, the Committee
proposes that the Commission should carry out a study analysing
national and Community legislation relating to the convention.
The complete text of the EESC opinion
is available here as a PDF file, see bottom of page about
reading PDF files
2. Council of Europe calls for action against
domestic slavery
The Parliamentary Assembly of the Council of Europe has issued
a Recommendation
on Domestic Slavery: Servitude, au pairs and mail-order brides
(Recommendation 1663, 2004). The Assembly notes that
many migrant domestic workers are deceived by their employers
or agencies and are trafficked or bonded into conditions of
slavery in Europe. The Assembly recommends member states to:
"review their immigration and deportation policies, granting
victims of domestic slavery at least temporary residence permits
(if possible, in conjunction with work permits) and allowing
them to file complaints against their abusers if they wish to
do so". It also urges members states to provide efficient
support services to victims of slavery and ensure that they
are provided with reparation, including compensation, restitution
and rehabilitation. In respect of domestic servitude it specifically
calls for the elaboration of a charter of rights for domestic
workers. This should guarantee at a minimum: full employment
and social rights (minimum wage, etc.); a legally enforceable
contract of employment (hours, responsibilities, etc.); basic
human rights (right to family life, leisure time, etc); and
an immigration status independent of any employer and the ability
to change employer.
3. UK trafficking developments
The Asylum
and Immigration (Treatment of Claimants) Act became
law in the UK on 22 July 2004. Section 4 of the Act contains
the new trafficking for exploitation offence which will cover
those brought into, or taken out of, the UK for forced labour
or slavery. It also covers those subjected to force, threats
or deception in order to make them provide services or benefits
of any kind to another person and includes some categories of
vulnerable people. The offence has a maximum penalty of 14 years
in prison, but further regulations must be introduced before
this offence can be used by police.
Section 2 of the Act creates an offence of arriving in the
UK with false documents (i.e. documents not in force and which
do not establish their identity and nationality). Draft guidelines
that have been issued currently state that a reasonable explanation
for arriving with false documents specifically will not include
"complying with instructions or advice given by a person
who offers advice about, or facilitates, immigration into the
United Kingdom, unless in the circumstances of the case it is
unreasonable to expect non-compliance with the instructions
or advice".
In outlining what a "reasonable excuse" might be,
the guidelines note that a person must show that they were threatened,
intimidated or coerced into following instructions. This may
be problematic for trafficked people as it is often difficult
to prove coercion or intimidation and also because trafficked
people do initially co-operate with instructions from traffickers
because they think that the trafficker is going to help them
get work (deception is not included as an element which would
constitute a "reasonable excuse").
This offence is likely to strengthen the coercive power of the
trafficker because they will tell the trafficked person that
they have already committed an offence and face imprisonment
if they go to the authorities. This may result in victims complying
with demands made by traffickers and submitting to their exploitation,
but is likely to ensure that anyone who does escape from their
traffickers will not report their traffickers to the police.
Anti-Slavery International believes that the guidelines should
state unequivocally that trafficked people will not be prosecuted
for any offence that they commit as a direct consequence of
their being trafficked. The draft
guidance is attached as a PDF file, see bottom of page about
reading PDF files.
4. Conference and report
The OSCE/ODIHR is organising a trafficking
conference on "Ensuring human rights protection in countries
of destination: breaking the cycle of trafficking".
The conference will take place on 23-24 September 2004 in Helsinki,
Finland. For more information go to:
The POPPY Project, part of the London charity Eaves Housing
has produced a report, Sex in the City: Mapping commercial
sex across London, which provides a snapshot of prostitution
across all London boroughs. The report finds that only 19 per
cent of women in the 730 flats, parlours and saunas across London
were from the UK. The report also found that 88 different flats,
parlours and saunas were connected via linked telephone numbers.
Trafficked women who have been supported by the POPPY Project
worked in a number of these establishments.
The report costs £4.95 + p&p (£1 within the UK,
£1.60 for EU and £2.70 outside EU). Cheques should
be made payable to Eaves Housing for Women and sent to: Natalia
Dawkins, Eaves Housing, 2nd Floor Lincoln House, 1-3 Brixton Road,
London SW9 6DE, UK. |
