Council of Europe: Don't Compromise on the rights of trafficked persons
JOINT STATEMENT -- Amnesty International and Anti-Slavery International
Amnesty International and Anti-Slavery International call on the Committee of Ministers of the Council of Europe to
strengthen the provisions of the draft Council of Europe Convention on Action against Trafficking in Human Beings
related to the assistance and protection of trafficked persons. The Committee of Ministers will review this draft
Convention, with a view to its adoption, in March 2005.
The organizations note that the current draft European Convention on Action against Trafficking in Human Beings builds
upon existing international standards of protection for trafficked persons in some respects -- in particular by
expanding the definition of trafficking set out in the Palermo Protocol to expressly include internal (in-state)
trafficking and trafficking not necessarily involving organized criminal groups; and, by establishing an independent
mechanism (GRETA) to monitor the implementation of this Convention.
Amnesty International and Anti-Slavery International consider, however, that 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.
In particular, Amnesty International and Anti-Slavery International urge the Committee of Ministers to ensure that, in
its final form, the Council of Europe Convention on Action against Trafficking in Human Beings requires that:
o all trafficked persons are given access to necessary medical assistance, including psychological care and treatment,
(not just emergency medical assistance) (Article 12(1) (b)); o the protection and assistance measures are extended to
the families of trafficked persons, when necessary (Article 12); o when there are reasonable grounds to believe a person
has been trafficked, they are afforded a recovery and reflection period - of at least three months and sufficient for
the person concerned to begin to recover, escape the influence of their traffickers and make informed decisions about
their future (Article 13 (1)); o renewable residence permits, of at least 6 months in length, are issued to trafficked
persons when, following a risk assessment, the competent authorities consider that their stay is necessary owing to
their personal situation or for the purpose of their participation in proceedings (including criminal proceedings
against their traffickers, or proceedings for compensation) (Article 14 (1)); o provisions are made for family
reunification when a trafficked person is issued residence permits (Article 14); o trafficked persons are not detained,
charged or prosecuted for illegal entry or residence and unlawful activities, unless it is shown that the unlawful
activities were not a consequence of their situation as a victim (Article 26); o persons have the right to have the
decisions of the competent authorities taken under Articles 10-16 reviewed by an independent, impartial body established
by law (Article 10); o one single, independent expert body (GRETA) monitors the implementation of the Convention by EU
and non-EU member states alike (Articles 36-38).
In addition, the organizations consider that the treaty should empower the GRETA to receive information from any
source, including the European Union and members of civil society, and should permit each Party to declare that they
recognize the competence of the GRETA to consider collective complaints about a Party's failure to implement provisions
of the Convention.
These recommendations (which are also included in our publication, Council of Europe: Recommendations to Strengthen the
December 2004 Draft of the European Convention on Action against Trafficking in Human Beings, AI Index: IOR 61/001/2005,
available electronically at: http://web.amnesty.org/library/index/engior610012005) are consistent with those proposed by
the Parliamentary Assembly of the Council of Europe in January 2005 and the recommendations of non-governmental
organizations who work directly with and on behalf of trafficked persons. However, these recommendations were rejected
last week by the EU member states, which now comprise the majority of the 46 Council of Europe states, and by the
European Commission on their behalf. Thus they are not included in the current draft of the Convention.
Instead, many of the key provisions concerning the protection and assistance of trafficked persons contained in the
draft Convention submitted to the Committee of Ministers, fail to significantly enhance the assistance and protection
currently available under some national or European Union legislation. They result from the lowest-common denominator
positions agreeable to the European Union member states.
Amnesty International and Anti Slavery deeply regret that in the context of the negotiations within the Council of
Europe's Ad Hoc Committee on Action against Trafficking in Human Beings, the protection of the rights of trafficked
persons, who are some of the most vulnerable persons in Europe, appeared to be secondary to political and institutional
positioning.
Amnesty International and Anti-Slavery International call on the Committee of Ministers of the Council of Europe and the
institutions of the European Union to cooperate to ensure the realization of the stated aim of the Council of Europe in
drafting this Convention -- to adopt a treaty which addresses the urgent need to enhance the protection of the human
rights of trafficked persons.