Recommendations on the Framework Decision on
Combating Trafficking in
Human Beings
COM (2000) 854 final/2
The European Union Framework Decision on Combating Trafficking in Human Beings is a welcomed step in the fight against trafficking. However, the rights and needs of the trafficked persons must be at the centre of any strategy to combat trafficking in human beings and the measures for the protection of and assistance to victims should be clearly stated in this framework decision.
This document takes into account recommendations from
the European Parliament Report on the proposal for a Council framework decision
on combating trafficking in human beings (COM (2000) 854); “Summary of
recommendations regarding the Council framework decision on combating
trafficking in human beings submitted by Human Rights Watch and Anti-Slavery
International”; “Observations by the United Nations High
Commissioner for Human Rights and the United Nations High Commissioner for
Refugees on the Proposal for an EU Council Framework Decision on Combating
Trafficking in Human Beings” and; “NGO Recommendations on the EC
Proposal for Combating Trafficking in Human Beings, COM (2000) 854
final/2” signed by 49 NGOs.
In the light of the JHA Council Meeting in
September, the signatories of this document wish to comment on some of the recommendations made in the
European Parliament’s Report
on the proposal for a Council framework decision on combating trafficking in
human beings (COM (2000) 854 in view of the fact that these will be discussed
by the Council.
1. Recital 3
Discrimination and
violence against women are, along with poverty, lack of education and
professional opportunities, causes for falling into the trap of trafficking for
sexual and labour exploitation. Violence against women and children in their countries of origin should
therefore be included as root causes in addition to the lack of education and
professional opportunities.
2. Recital 3b new
The Framework Decision
should adopt a similar approach to the UN Protocol to Prevent, Suppress, and
Punish Trafficking in Persons, Especially Women and Children, supplementing the
United Nations Convention Agianst Transnational Organised Crime (A/55/383), in
order to ensure a strong link between the two documents. Moreover, the UN
Protocol on trafficking in human beings should be referred to as a decisive
step towards international cooperation in this field.
3. Article 1a (new)
The signatories of
this document welcome article 1a containing definitions set out in coherence
with international conventions:
·
by defining
trafficking as limited to situations in which coercion or deceit are used in
the recruitement, transportation, transfer, harboring or receipt of a person
for the purpose of placing that person into slavery, forced labour, debt
bondage, slavery-like practices or servitude.
·
by making a
distinction between child and adult victims of trafficking in terms of
coercion. In the case of children, the definition of trafficking should not be
limitied to situations involving coercion.
·
By stating that
child shall mean any person under eighteen years of age.
The Framework decision
should give specific attention to child trafficking by adopting a distinct
definition of child trafficking; making explicit reference to the Convention on
the Rights of the Child; special protective measures and repatriation;
education; protection from punitive measures, criminalisation and detainment
for immigration reasons.
4. The framework should include, in order to
ensure respect for, and protection of human rights of trafficked persons:
· Article 4:2, 7 and 30 e:a
Provisions for victims of trafficking
with the opportunity to seek legal redress and compensation, regardless of
their immigration status. Assets confiscated from traffickers (in accordance
with due process protection) should be made availabe to settle financial claims
of trafficking victims
· Article 7
Protective measures to ensure that trafficked persons are not detained, prosecuted or punished for status-related offenses or crimes related to them being trafficked. National laws, policies and procedures must not stigmatise, criminalise or further marginalise victims of trafficking. Particular attention must be paid to the needs of unaccompanied children who are especially vulnerable and should not be criminalised neither should they be detained for immigration reasons.
· Article 7 and 8
Protective measures
for witnesses of trafficking including e.g. physical safety, protection from
retaliation, right to be informed about the progress of the case, psychological
and physical well-being, dignity and privacy. Child victims and witnesses
should be assisted in a manner appropriate to their age and maturity and the
best interests of the child shall be a primary consideration.
· Article 8
Protective
measures for victims of
trafficking including children. This should include appropriate shelter,
financial assistance, legal assistance, information about their rights in a
language they understand, physical safety, counselling, information, health services,
psycho-social services, having in mind durable solutions that prevent
re-trafficking. Children should be provided with an opportunity to express
their views, particularly within the framework of any administrative or
judicial proceeding related to them.
·
Article 8a new
The Framework should
incorporate a Safeguard Clause in order to maintain the right to submit an application for asylum, in
accordance with the 1951 Convention and the 1967 Protocol relating to the
Status of Refugees and other relevant international instruments. This will
prevent victims of trafficking who wish to apply for asylum or for a residence permit on humanitarian grounds, from being expelled or returned before having
had an opportunity to apply for asylum, or before the assessment of the
substance of their application. If the
circumstances warrant, such as the existence of imminent danger if returned,
the right to remain permanently.
5. Article 9, paragraph 4a new
The fight against
criminal activity should embrace the possibility of prevention, not only as
regards to crime prevention. Therefore, include preventive measures with explicit reference to e.g. the need to
eliminate discriminatory policies and practices that limit women and
girls’ access to education and/or employment; requirements for
information campaigns educating women and children about their rights as stated
in international conventions. For instance, all victims, and all those in
contact with the victims (including judicial authorities and immigration officials)
must be informed about the conventions regulating rights for children and
women, and educated in how to prevent and respond to violations to these
conventions.
The following
organisations endorse these recommendations:
September 14, 2001