Expert Group Meeting Human Trafficking & Global Supply Chain Normative Framework Ankara, 12-13th November 2012
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Expert Group Meeting Human Trafficking & Global Supply Chain Normative Framework Ankara, 12-13 th November 2012
Objectives
• International Legal Framework • Regional Legal Frameworks • Supplementary ways of protecting rights of migrants
International Legal Framework
ILO International Labour Standards
International Human Rights Law
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990
International Legal Framework ILO International Labour Standards
ILO Constitution espouses principles of social justice protecting persons in their working environment including those “in a country other than their own” International labour law comprises numerous Conventions and Recommendations, which in principle are applicable to all workers irrespective of nationality and immigration status ILO Declaration on Fundamental Principles and Rights at Work 1998 Member States must adhere to principles in the 8 core ILO Conventions (which address forced labour, elimination of child labour, trade union rights, and non discrimination) even when they have not ratified the instrument/s in question Specific instruments protecting migrant workers
International Legal Framework ILO International Labour Standards ILO Convention No. 97 (1949) ILO Convention No. 143 (1975)
• • • •
49 States parties Only applicable to lawfully resident migrant workers Recruitment and orderly migration of foreign workers Equal treatment with nationals in respect of wages and working conditions, trade union rights, social security, accommodation, access to courts
• • • •
23 States parties Protects basic human rights of all migrant workers, including irregular migrants Specifically, the rights of irregular migrants arising out of past employment (unpaid wages, social security) are safeguarded Principle of equal treatment of regular migrants with nationals
International Legal Framework Human Rights Instruments
Nine international human rights treaties currently in force International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 International Covenant on Civil and Political Rights (ICCPR) 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984 Convention on Rights of the Child (CRC) 1989 International Convention on the Protection of the Rights of All Migrant Workers and Members of the Their Families (ICRMW) 1990 Convention on the Rights of Persons with Disabilities (CRPD) 2006 International Convention for the Protection of All Persons from Enforced Disappearance (CPED) 2006
International Legal Framework Non Discrimination and Key Rights
Universal principle of non-discrimination Human rights applicable to nationals and non-nationals alike with few exceptions (e.g. political rights) Some rights of particular relevance to migrant workers and their families, for example: Right to leave one’s own country and enter/ return to that country - ICCPR Rights to freedom of assembly and association – ICCPR and ICESCR Rights to equal work and employment conditions – ICESCR Rights to education and health – ICESCR Right to family life – ICCPR and ICESCR
Important role of human rights treaty bodies
Monitor the application of human rights treaties in States parties by considering periodic reports Inter-State and individual complaints mechanisms Issue General Comments/ General Recommendations on interpretation of instruments, e.g.
HRC General Comment 15 on the position of aliens under the ICCPR (1986) CERD General Recommendation 30 on discrimination against non-citizens (2004) CRC General Comment 6 on unaccompanied minors and separated children outside their country of origin (2005) CEDAW General Recommendation 26 on women migrant workers (2008) CESCR General Comment 20 on non-discrimination in economic, social and cultural rights (art. 2, para. 2) (2009) CMW General Comment 1 on migrant domestic workers (2010)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Adopted by UN General Assembly – 18 December 1990 Entrered into force – 1 July 2003 45 States parties to date:
Albania, Algeria, Argentina, Azerbaijan, Bangladesh, Belize, Bolivia, Bosnia-Herzegovina, Burkina Faso, Cape Verde, Chile, Colombia, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Guyana, Honduras, Jamaica, Kyrgyzstan, Lesotho, Libyan Arab Jamahiriya, Mali, Mauritania, Mexico, Morocco, Nicaragua, Niger, Nigeria, Paraguay, Peru, Philippines, Rwanda, Saint Vincent and the Grenadines, Senegal, Seychelles, Sri Lanka, Syrian Arab Republic, Tajikistan, Timor-Leste, Turkey, Uganda and Uruguay 17 States that have signed (but not yet ratified) to date:
Benin, Cambodia, Cameroon, Comoros, Congo, Gabon, Guinea Bissau, Indonesia, Liberia, Montenegro, Mozambique, Sao Tome and Principe, Serbia, Sierra Leone and Togo
1990 Convention General features
Comprehensive instrument applicable to the whole migration process and regulating the legal status of migrant workers and their families
Protects the basic rights of all migrant workers and their families (lawfully resident and irregular migrants) on the basis of equality with nationals (Part III)
Grants regular migrants a number of additional rights on the basis of equality with nationals (Part IV)
Convention structure
Part I – Scope and definitions Part II – Non-discrimination with respect to rights Part III – Human rights of all migrant workers Part IV – Other rights of regular migrants Part V – Rights of particular categories of migrant workers Part VI – State cooperation/ obligations in promoting sound, equitable, humane and lawful migration conditions Part VII – Application of Convention Part VIII – General Provisions Part IX – Final Provisions
Groups of migrants covered
Migrant workers and members of their families
Family members defined to include common law spouses, dependent children and other dependent persons
Persons to be engaged or who have been engaged in employment
Lawfully resident and irregular migrants Specific groups of (temporary) migrant workers
e.g. seasonal workers/ project-tied workers
But not certain categories of foreigners
e.g. diplomats, international organization officials, students or trainees, refugees, investors
Rights covered: Civil and Political Rights
Civil and political rights
E.g. freedom from cruel, inhuman or degrading treatment, slavery, forced labour - Arts 10-11
Procedural protection against individual expulsion applicable to all migrant workers – Art. 22
Employment rights
Rights to equal work/ employment conditions with nationals – Art. 25
Trade union rights (freedom of association)
to join existing trade unions - Part III, Art. 26
to form own trade unions and associations for promotion and protection of their interests - Part IV, Art. 40
Rights arising out of past employment
Remuneration (past wages) – Art. 25(3)
Social security – Art. 27
Economic, social and cultural rights
All migrant workers and their families (including irregular migrants)
Emergency medical care – Art. 28
Equal access with nationals to education – Art. 30
Primary education not to be refused to children of irregular migrants Respect for cultural identity – Art. 31
Lawfully resident migrant workers and families only
Equal access with nationals to housing - Art 43(1)(d)
Equal access to social and health services - Art 43(1)(e) Family reunification – Art. 44 Access to employment – Arts 52, 53
Migrant-specific rights
Effective protection by the State against violence, physical injury, threats and intimidation – Art. 16(2) Prohibition on confiscation and destruction of identity and travel documents (e.g. passports) – Art. 21 Recourse to protection and assistance of consular/ diplomatic authorities of State of origin – Art. 23 Transfer of earnings and savings (i.e. remittances) – Art. 32 Free provision of information on Convention rights and conditions of admission and, as far as possible, in a language migrants can understand – Art. 33
Inter-state cooperation (Part VI)
States have obligations to consult and cooperate to promote sound, equitable and humane migration conditions – Art. 64(1) collaborate to prevent and eliminate irregular migration – Art. 68 punish traffickers, smugglers and those who exploit migrant workers (e.g. employers) – Art. 68(1)-(2) see also ILO Convention No. 143 (1975) and the Trafficking and Smuggling Protocols supplementing the UN Convention against Transnational Organized Crime 2000 (Palermo Convention)
“State sovereignty” clause (Part VIII, Art 79)
“Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. Concerning other matters related to their legal situation and treatment as migrant workers and members of their families, States Parties shall be subject to the limitations set forth in the present Convention.”
Application of Convention (Part VII)
Migrant Workers Committee http://www2.ohchr.org/english/bodies/cmw/ 16 sessions held to date, commencing in March 2004 States parties are required to submit initial reports (after one year) and then periodic reports (after 5 years) on application / implementation of Convention Committee issues Concluding Observations on a number of reports Committee adopted General Comment No. 1 on Migrant Domestic Workers Optional individual and inter-State complaint mechanisms Guatemala and Mexico have made the declaration under Article 77 recognizing the competence of the Committee to receive and consider individual complaints (but this mechanism can only come into force when 10 states parties have made such a declaration)
Obstacles to its ratification
Practical/ Administrative Inadequate knowledge of the Convention Implementation Length and complexity of instrument Requires resources and coordination between different government departments Legal/ Political Explicit safeguards for irregular migrant workers Argument that migrant workers’ rights are adequately protected by other human rights instruments Relevance – i.e. changes to labour migration landscape in the era of globalization General lack of political will
12 Reasons to Ratify
1. To put in place the legal foundation essential for national migration policy to regulate labour migration and ensure social cohesion 2. To uphold and strengthen the rule of law by ensuring that legal norms define the basis of labour migration policy, its implementation, and its supervision 3. To contribute to ensuring that legal parameters define treatment of all persons on the territory of a country by setting the extent and limits of human rights of migrant workers and members of their families 4. To signal that origin countries demand respect for the human rights of their nationals abroad and are accountable for the same standards as destination countries 5.
To reinforce the sovereign exercise of a State’s prerogative to determine labour migration policy by affirming conformity with universal legal and ethical norms 6. To obtain public support for and compliance with labour migration policy and practice by demonstrating legal soundness and conformity with internationally accepted principles of social justice and human rights
12 Reasons to Ratify (cont.)
7.
8. To strengthen social cohesion by establishing that all persons must be treated with respect by virtue of legal recognition and protection of their rights To explicitly discourage the ‘commodification’ and consequent abuse of migrant workers by legally asserting their human rights 9. To reduce irregular migration by eliminating incentives for labour exploitation, work in abusive conditions and unauthorised employment that fuel trafficking in persons and smuggling of migrants 10. To facilitate the establishment of effective national policy by calling on advisory services as well as good practice examples provided by the relevant standards-based international organisations 11. To obtain clear guidance for bilateral and multilateral cooperation for lawful, humane, and equitable labour migration 12. To obtain international guidance on implementation of legal norms through the reporting obligations and periodic review by independent expert bodies
Guide on Ratification, Steering Committee, 2009
20th Anniversary Ratification Campaign
• Website www.migrantsrights.org
Regional Legal Frameworks
Africa African Charter on Human and Peoples’ Rights 1981 Free movement regimes (e.g. ECOWAS, SADC) AU Migration Policy Framework for Africa 2006 Americas American Convention on Human Rights 1969 Middle East Arab Charter on Human Rights 2004 Asia ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (13 January 2007) Europe Council of Europe standards European Union Free movement of EU workers regime Developing EU law and policy on asylum and migration from third countries
Regional Legal Framework
European Convention on the Legal Status of Migrant Workers 1977 Only applicable to lawfully resident migrant workers from other Contracting parties (Art. 1) Equal treatment with nationals in defined areas Housing, education, conditions of work, social security, social and medical assistance, access to courts and administrative authorities, right to organize Other safeguards relating to Work and residence permits, information, reception conditions, family reunion, re-employment, return Ratified by 11 States parties Albania, France, Italy, Moldova, Netherlands, Norway, Portugal, Spain, Sweden, Turkey, Ukraine Only Albania, Moldova, Turkey and Ukraine are not EU/EEA countries
Supplementary Ways of Protecting Migrants’ Rights
UN Special Rapporteur on the human rights of migrants Non binding global and regional consultative processes ILO Multilateral Framework on Labour Migration Global Forum on Migration and Development (GFMD) Colombo Process Protection through national provisions in countries of origin E.g. regulation and close supervision of private recruitment By emphasizing legal status of migrant workers in bilateral agreements / arrangements Equitable standard employment contracts before departure Equal work and employment conditions with nationals
Supplementary Ways Special Rapporteur on the human rights of migrants
Thematic rapporteurship set up in 1999 (and renewed twice) by Commission on Human Rights (and now Human Rights Council) with following functions To request and receive information from all relevant sources on violations of rights of migrants To formulate recommendations to prevent/ remedy violations To promote effective application of relevant norms/ standards To take account of gender perspective and to give special attention to occurrences of multiple discrimination and violence against migrant women To give particular emphasis to recommendations on practical solutions (e.g. identifying best practices) To date, 9 general reports issued and 19 country visits conducted – most examine situation of migrant workers and make recommendations regarding 1990 Convention on the Rights of Migrant Workers
Supplementary Ways ILO Multilateral Framework on Labour Migration
Plan of Action for migrant workers adopted by International Labour Conference in June 2004 To be implemented by ILO and its constituents in partnership with other international governmental organizations Objective: to develop “a non-binding multilateral framework for a rights-based approach to labour migration, which takes account of labour market needs” Framework adopted by Tripartite Meeting of Experts in December 2005 and ILO Governing Body approved its publication and dissemination in March 2006 Comprises international principles and guidelines on best practices in a broad range of areas Available from ILO website http://www.ilo.org/public/english/protection/migrant/download/multilat _fwk_en.pdf
Highlighting
Importance of regional legal frameworks Global and regional consultative processes are increasingly devoting attention to the protection of the human rights of migrants, in particular migrant workers
INTERNATIONAL LEGAL FRAMEWORK The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons:
“Trafficking in Persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
(The
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
, supplementing the United Nations
Convention Against Transnational Organized Crime
, )
The UN Protocol defines Children:
The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ”trafficking in persons” even if this does not involve any of the means set forth in the definition of trafficking in persons.
Exploitation
• The Protocol makes reference to some specific forms of exploitation; however the list is not exhaustive and it may include other forms as well. The choice made was to extend as much as possible the definition of trafficking in persons to include any possible ––known or still unknown ––form of exploitation
UN Protocol
• The Protocol does not define any of the mentioned forms of exploitation related to forced labour. But a definition for each of them can be found in the relevant international convention.
• Article 2, paragraph 1 of ILO Forced Labour Convention, 1930 (No. 29) defines forced labour as
““all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarilyoffered voluntarily””
• Trafficking violates the most basic rights of any person in relation to a work situation – –the freedom from coercion at work, the freedom to set up associations and bargain collectively, and the freedom from discrimination at work. Further trafficking of children has been defined by the ILO as one of the worst forms of child labour, which seriously harms the development of the child.
Slavery and servitude
• The 1957 Supplementary Convention on the Elimination of Slavery, Slave Trade, and Institutions and Practice Similar to Slavery defines Slavery as ““the status or condition of a person over whom any or all of the powers attaching to the rights of ownership are exercised””
Sexual exploitation
• In 1949 the Convention for the Suppression of the Trafficking in Persons and the Exploitation of the Prostitution of Others was adopted.
OTHER UN TREATIES
•
UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO
• The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively.
OTHER UN TREATIES
• The 1948 Universal Declaration of Human Rights acknowledges the equality, liberty, security and freedom, also from slavery or servitude, of all human beings: • Art. 3: Everyone has the right to life, liberty and security of person.
• Art. 4: No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
• Art. 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• The Universal Declaration of Human Rights was adopted by the UN General Assembly on 10 December 1948 and provides human rights standards accepted by all Member States. Though it is not a binding treaty, it provides a normative basis for international human rights standards.
OTHER UN TREATIES
• International Covenant on Civil and Political Rights • Convention on the Elimination of all forms of Discrimination against Women • Convention of the Rights of the Child • Economic and Social Council Recommended Principles and Guidelines on Human Rights and Human Trafficking • ILO 29, 105, 182
•
ILO Convention No. 29 concerning Forced or Compulsory Labour (1930)-Entry into Force 01.05.1932
• More than 160 Member States have ratified the ILO Forced Labour Convention No. 29 of 1930. It provides a basic definition of forced labour, which is still applicable to such present-day international instruments as the UN Trafficking Protocol.
• Under the
ILO Convention No. 29
, the term
forced or compulsory labour
shall mean (art. 2) “all work or service which is exacted from any person under the menace of any penalty, and for which the said person has not offered himself voluntarily”.
The concept of forced labour as defined by ILO Convention 29 comprises three basic elements:
a. the activity exacted must be in the form of work or service; b. the menace of penalty c. it is undertaken involuntarily by the victim Article 4-The competent authority shall not impose or permit the imposition of forced or compulsory labour for the benefit of private individuals, companies or associations.
OTHER UN TREATIES-ILO
ILO Convention No. 105 concerning the Abolition of Forced Labour (1957)-Entry into Force 17.01.1959
At a time when there had been growing use of forced labour for political purposes, ILO adopted an additional instrument on the subject: its Abolition of Forced Labour Convention (No. 105 of 1957), which calls for the suppression of forced labour as a means of political coercion, labour discipline or racial, social, national or religious discrimination; as a method of mobilizing and using labour for purposes of economic development; and as punishment for having participated in strikes.
•
ILO
ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination on the Worst Forms of Child Labour (1999)-174 ratifications-Entry into Force 19.11.2000
• • The ILO Convention on the Worst Forms of Child Labour (No.182) adopted in 1999 includes the sale and trafficking of children as one of the worst forms of child labour that must be tackled urgently. In the ILO Convention No.182 "children" are, in line with the UN Convention on the Rights of the Child and the UN Trafficking Protocol, defined as persons under the age of 18. While the UN Convention against Transnational Organized Crime and its Trafficking Protocol tackle trafficking in human beings from the angle of transnational organized crime, the ILO Convention No.182 declares the sale and trafficking of girls and boys under 18 years of age one of the worst forms of child labour and calls for immediate measures, including prevention, withdrawal and rehabilitation. Convention No.182 further sets out the framework for action against child trafficking and other worst forms of child labour.
ILO 182
Article 3 defines worst forms of child labour as • (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; • (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; • (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; • (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
ILO continued
• C081 Labour Inspection Convention Entry into force: 07 April 1950 • Domestic Workers
UNHCHR
• The United Nations High Commissioner for Human Rights has developed Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1), which provide an important framework guiding the criminalization of trafficking in persons and the development of a legislative framework.
UN Global Compact
• The UN Global Compact asks companies to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labour standards, the environment and anti corruption:
UN Global Compact
• • • • • • • • • • • • • Human Rights Principle 1 : Businesses should support and respect the protection of internationally proclaimed human rights; and Principle 2: make sure that they are not complicit in human rights abuses.
Labour Principle 3 : Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining; Principle 4 : the elimination of all forms of forced and compulsory labour; Principle 5 : the effective abolition of child labour; and Principle 6 : the elimination of discrimination in respect of employment and occupation Environment Principle 7 : Businesses should support a precautionary approach to environmental challenges; Principle 8 : undertake initiatives to promote greater environmental responsibility; and Principle 9 : encourage the development and diffusion of environmentally friendly technologies.
Anti-Corruption Principle 10 : Businesses should work against corruption in all its forms, including extortion and bribery.
INTERNATIONAL LEGAL FRAMEWORK
• Council of Europe • EU Instruments • Others
LEGAL DEFINITIONS
Council of Europe Convention on Action against Trafficking in Human Beings Warsaw, 16.V.2005
CoE
Legally binding instrument Not restricted to CoE members only
Scope of CoE Convention
The convention applies to: • All forms of human trafficking: whether national or transnational, whether or not related to organized crime • Whoever the victim: women, men, children • Whatever the form of exploitation: sexual exploitation, forced labour, services etc.
CoE-Article 4
• • • • • For the purposes of this Convention: a "Trafficking in human beings" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; b The consent of a victim of “trafficking in human beings” to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; c The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in human beings" even if this does not involve any of the means set forth in subparagraph (a) of this article; d "Child" shall mean any person under eighteen years of age; e “Victim” shall mean any natural person who is subject to trafficking in human beings as defined in this article.
Victims of trafficking
No other international text defines victims, leaving it to each State to define who is a victim and therefore deserves the measures of protection and assistance A victim is any person who is subject to trafficking as defined in the Convention The consent of a victim to the exploitation is irrelevant where any of the means set forth by the definition (coercion, fraud, deception) have been used
Measures provided by the Council of Europe Convention I.
II.
Prevention Measures to protect and promote the rights of victims III. Criminal law and procedure IV. Co-operation V.
Monitoring mechanism
I.
Prevention
Prevention of THB by measures such as information, awareness-raising and education campaigns for persons vulnerable to trafficking Preventive measures to discourage demand Border control to detect THB and measures to ensure the validity of travel or identity documents
II. Measures to protect and promote the rights of victims
Identification process What type of assistance victim must have Recovery and reflection period Residence permit Compensation and legal redress Repatriation Gender equality
II.a. Identification process
Trained and qualified staff to identify victims and issue a residence permit During the process, the person is not removed from the territory and receives certain assistance measures Special provisions for a child victim (eg. representation, establishment of age and nationality and locate family if in the best interest of the child)
II.b. Type of assistance
Victims
must
psychologically and socially, such assistance includes: be assisted to recover physically, - Standards of living capable of ensuring their subsistence, through such measures as: appropriate and secure accommodation, psychological and material assistance - Emergency medical treatment - Translation and interpretation - Counselling and information - Access to education for children - Assistance throughout the criminal procedure
II.c. Recovery and reflection period
At least 30 days During this period, the person is not removed from the territory and receives certain assistance measures
II.d. Residence permit
The main issue is: should it be linked to the victims’ co-operation with the law enforcement authorities?
The Council of Europe Convention has retained both possibilities for States: they can either grant such permit if the victims co-operate with the law enforcement authorities or where this is necessary in the light of the situation of the victim
II.e. Compensation and legal redress
Right to legal assistance and to free legal aid for victims Right to compensation for victims, which has to be guaranteed, for instance, through a fund
II.g. Gender equality
In applying assistance measures provided by the Convention, Parties aim to promote gender equality and use gender mainstreaming in the development, implementation and assessment of the measures.
III. Criminal law and procedure
Criminalisation of trafficking Possibility to criminalise those who use the services of victims Criminalisation of producing a fraudulent travel or ID document, procuring or providing such a document, retaining, removing, concealing, damaging or destroying such a document of another person Attempt and aiding or abetting Liability of legal persons Sanctions and measures Aggravating circumstances (eg danger to the life of the victim, the victim was a child, offence committed by a public official, criminal organisation) Non-punishment provision
…[continues]
Ex parte & ex officio
application Protection of victims, witnesses and collaborators of justice Need for specialised authorities Adaptation of court proceedings in order to protect victims’ private life and safety
V. Monitoring mechanism
The effectiveness of all treaties is measured by the effectiveness of its monitoring mechanism GRETA [Independent experts acting in their individual capacity, evaluation rounds, Report and conclusions for each Party] Committee of the Parties [political body] ALL Parties will be subject to the same monitoring mechanism on an equal footing
Evaluation procedure
Article 38 of the Council of Europe Convention Aim: Monitor the Parties ’ implementation of the measures contained in the Convention Dialogue and cooperation with the Parties will preside over the evaluation procedure All Parties will be subject to the same monitoring procedure
V. Monitoring mechanism
The effectiveness of all treaties is measured by the effectiveness of its monitoring mechanism GRETA [Independent experts acting in their individual capacity, evaluation rounds, Report and conclusions for each Party] Committee of the Parties [political body] ALL Parties will be subject to the same monitoring mechanism on an equal footing
Committee of the Parties
Adopt Recommendations on the basis of GRETA’s Report and Conclusions indicating measures to be taken by the Party concerned to implement GRETA’s conclusions Aiming at promoting co-operation with the Party for the proper implementation of the Convention
EU Framework
• DIRECTIVE 2011/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2011 • This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of trafficking in human beings. It also introduces common provisions, taking into account the gender perspective, to strengthen the prevention of this crime and the protection of the victims
EU Framework-Directive 2011/36
–
Article 19
–
National rapporteurs or equivalent mechanisms
• Member States shall take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the carrying out of assessments of trends in trafficking in human beings, the measuring of results of anti-trafficking actions, including the gathering of statistics in close cooperation with relevant civil society organisations active in this field, and reporting.
EU Framework-Directive 2011/36
To prevent THB Effectively prosecute traffickers Better protect the victims in line with highest EU standards New directive takes a victim centered approach including gender perspective New legislation will apply to THB for illegal adoption, forced marriages, sexual exploitation or labor exploitation
From Law into Practice
If human trafficking is not a new problem, is so severe, affects so many people, and has a legal definition, then…
Conclusion
Partnership:
• Migration management is an area for partnerships between interested stakeholders and for consideration of responsibility sharing between States involved in or affected by particular migratory movements.
• Continued exploration is required to identify additional ways by which governments, international organizations, non-governmental organizations, private sector and civil society organizations can work together to develop greater confidence and effective and joint management tools, technical cooperation, cost and other responsibility sharing.
THANK YOU!
Meltem ERSAN IOM Turkey
www.countertrafficking.org
www.iom.int