Models of Models of intervention at the intervention at the European levelEuropean levelThe Council of Europe Convention The Council of Europe Convention on Action against Trafficking in on Action against Trafficking in Human BeingsHuman Beings

                                         

The Council of Europe (basics)The Council of Europe (basics)

a pan-European intergovernmental organisation

set up in 1949

to safeguard and promote human rights, democracy and the rule of law

47 member States (the ‘whole Europe’, from Iceland to the Russian Federation - except Belarus)

The Anti-Trafficking ConventionThe Anti-Trafficking Convention

Signed in Warsaw in 2005Signed in Warsaw in 2005

In force since February 2008In force since February 2008

Currently has 38 Parties (including Currently has 38 Parties (including the UK and other 21 EU countries) the UK and other 21 EU countries) and 6 signatoriesand 6 signatories

Not restricted to CoE member StatesNot restricted to CoE member States

Aims of the Council of Europe Aims of the Council of Europe Anti-Trafficking ConventionAnti-Trafficking Convention

PPrevent human traffickingrevent human trafficking PProtect the human rights of victims of traffickingrotect the human rights of victims of trafficking PProsecute and punish the traffickersrosecute and punish the traffickers PPromoteromote p partnershipsartnerships

+ Ensure compliance with the legal obligations + Ensure compliance with the legal obligations through effective monitoring:through effective monitoring:

- by the Group of experts on action against - by the Group of experts on action against trafficking in human beings (GRETA) trafficking in human beings (GRETA)

- and the Committee of the Parties - and the Committee of the Parties

Human rights-based approach Human rights-based approach to trafficking in human beingsto trafficking in human beingsTrafficking in human beings (THB) is not only a Trafficking in human beings (THB) is not only a threat to security and the rule of law, but a gross threat to security and the rule of law, but a gross violation of human rights and an offence to the violation of human rights and an offence to the dignity and integrity of human beingsdignity and integrity of human beings

Countries are expected to promote a human Countries are expected to promote a human rights-based and victim-centred approach in the rights-based and victim-centred approach in the development, implementation and assessment development, implementation and assessment of policies and programmes to combat THBof policies and programmes to combat THB

2010 ECtHR judgment 2010 ECtHR judgment on Rantsev v. Cyprus on Rantsev v. Cyprus and Russiaand Russia: THB falls within scope Art. 4 ECHR

The Convention’s The Convention’s Monitoring MechanismMonitoring Mechanism

GRETAGRETA: 15 multi-disciplinary : 15 multi-disciplinary independent experts, elected by the independent experts, elected by the Committee of the Parties for four Committee of the Parties for four years BUT acting in their individual years BUT acting in their individual capacitycapacityCommittee of the PartiesCommittee of the Parties: political : political body that adopts Recommendations body that adopts Recommendations addressed to Parties, on the basis of addressed to Parties, on the basis of GRETA reportsGRETA reports

Evaluation ProcedureEvaluation Procedure

All Parties are subject to the same All Parties are subject to the same evaluation procedure:evaluation procedure:aimed at monitoring their implementation aimed at monitoring their implementation of the measures set out in the Convention of the measures set out in the Convention based on dialogue and co-operation with based on dialogue and co-operation with the Partiesthe PartiesGRETA requests info from civil societyGRETA requests info from civil societycountry evaluation visits are carried outcountry evaluation visits are carried out

First results of GRETA’s workFirst results of GRETA’s work

Publication of 10 final evaluation reports in Publication of 10 final evaluation reports in 2011-2012: 2011-2012: Austria, Albania, Bulgaria, Austria, Albania, Bulgaria, Croatia, Cyprus, Denmark, Georgia, Croatia, Cyprus, Denmark, Georgia, Moldova, Romania, Slovak RepublicMoldova, Romania, Slovak Republic

Three reports published in September Three reports published in September 2012: 2012: Armenia, Montenegro, UKArmenia, Montenegro, UK

Four reports adopted in November 2012 Four reports adopted in November 2012 (to be published in early 2013): (to be published in early 2013): France, France, Latvia, Malta and PortugalLatvia, Malta and Portugal

On-going evaluation work...On-going evaluation work...

Final reports on Final reports on B+H, Norway and Poland B+H, Norway and Poland to be adopted to be adopted in March 2013in March 2013

Draft reports on Draft reports on Belgium, Ireland and Belgium, Ireland and SpainSpain to be discussed to be discussed in March 2013in March 2013

Country evaluation visits Country evaluation visits to to Luxembourg Luxembourg and Slovenia and Slovenia to be carried out in to be carried out in December 2012December 2012

Further visits Further visits to to AZE, FYROM, NED, SER AZE, FYROM, NED, SER and SWE and SWE in first half of 2013.in first half of 2013.

Assistance to victims (Art.12)Assistance to victims (Art.12)Parties must take measures to assist Parties must take measures to assist victims in their physical, psychological and victims in their physical, psychological and social recoverysocial recovery

Taking account of the victim’s safety and Taking account of the victim’s safety and protection needsprotection needs

In co-operation with NGOs and other org.In co-operation with NGOs and other org.

Assistance provided on a consensual and Assistance provided on a consensual and informed basis (not conditional)informed basis (not conditional)

Taking due account of special needs of Taking due account of special needs of vulnerable persons and children’s rightsvulnerable persons and children’s rights

Minimum assistance measures:Minimum assistance measures:

SubsistenceSubsistence: accommodation, : accommodation, psychological and material assistancepsychological and material assistance

Access to Access to emergency medical treatmentemergency medical treatment

Translation and interpretation Translation and interpretation servicesservices

Counselling and information Counselling and information (legal rights (legal rights and services available)and services available)

Assistance to defend their rights Assistance to defend their rights in in criminal proceedings against offenderscriminal proceedings against offenders

Access to education Access to education for childrenfor children

Additional assistance measuresAdditional assistance measures::

For “For “lawfully resident victimslawfully resident victims””: :

–Necessary medical or other Necessary medical or other assistance assistance

–Access to the labour market, Access to the labour market, vocational training and educationvocational training and education

(Parties must set rules authorising this)(Parties must set rules authorising this)

While the identification procedure is While the identification procedure is pending (authorities have “reasonable pending (authorities have “reasonable grounds to believe that a person has been grounds to believe that a person has been a victim of THB”) - Art.10(2): a victim of THB”) - Art.10(2): – All the “minimum assistance measures” apply All the “minimum assistance measures” apply

(those listed in Article 12(1))(those listed in Article 12(1))– Taking due account of the victim’s safety and Taking due account of the victim’s safety and

protection needsprotection needs

The same measures apply during the The same measures apply during the recovery and reflection period - Art. 13(2)recovery and reflection period - Art. 13(2)

Assistance for “possible victims”Assistance for “possible victims”

Issues emerging from GRETA’s 10 Issues emerging from GRETA’s 10 first country evaluation reportsfirst country evaluation reports

Assistance to victimsAssistance to victims:: support should not be dependent on the support should not be dependent on the

victims’ willingness to co-operatevictims’ willingness to co-operate; ; most support measures are designed for most support measures are designed for

women; women; male and child victims male and child victims also need also need tailored-made support;tailored-made support;

victims’ victims’ freedom of movement and privacy freedom of movement and privacy have often been excessively limited;have often been excessively limited;

Issues emerging from GRETA’s 10 Issues emerging from GRETA’s 10 first country evaluation reports first country evaluation reports

More efforts are needed to assist and More efforts are needed to assist and protect protect child victims child victims of trafficking;of trafficking;

Only the Only the Parties are responsible Parties are responsible for for meeting the Convention’s obligations: meeting the Convention’s obligations: – NGOs can contribute and co-operate but the NGOs can contribute and co-operate but the

quality of assistance is the government’s resp.quality of assistance is the government’s resp.

More training needed More training needed for professionals for professionals and staff working with victims;and staff working with victims;

Need to Need to respect the confidentiality/privacy respect the confidentiality/privacy of victims of trafficking.of victims of trafficking.

GRETA Report on the UK GRETA Report on the UK (Sept.2012)(Sept.2012)

GRETA welcomed the steps taken to GRETA welcomed the steps taken to assist victims of trafficking and to secure assist victims of trafficking and to secure funding at a time of financial pressurefunding at a time of financial pressure

GRETA considered that the authorities of GRETA considered that the authorities of the UK and constituent countries should the UK and constituent countries should make further efforts to ensure that all make further efforts to ensure that all potential and actual victims are provided potential and actual victims are provided with adequate support and assistance, with adequate support and assistance, from identification through recoveryfrom identification through recovery

GRETA report on the UK (2)GRETA report on the UK (2)

RecommendationsRecommendations::

Adopt clear support service minimum Adopt clear support service minimum standards for victims of trafficking/fundingstandards for victims of trafficking/funding

Enable victims to access the labour Enable victims to access the labour market, vocational training and educationmarket, vocational training and education

Ensure access to translation/interpretationEnsure access to translation/interpretation

Improve legal advice to victims on issues Improve legal advice to victims on issues such as NRM, asylum, criminal proceedings, such as NRM, asylum, criminal proceedings, compensation, etc.compensation, etc.

GRETA report on the UK (3)GRETA report on the UK (3)

RecommendationsRecommendations::

Ensure that all child victims benefit from Ensure that all child victims benefit from the Convention’s assistance (appropriate the Convention’s assistance (appropriate accommodation and access to education)accommodation and access to education)

GRETA urged the UK authorities to GRETA urged the UK authorities to address the problem of children going address the problem of children going missing from local authority care, by missing from local authority care, by providing suitable safe accommodation and providing suitable safe accommodation and trained supervisors or foster parents.trained supervisors or foster parents.

GRETA report on the UK (4)GRETA report on the UK (4)GRETA urged the UK authorities to ensure GRETA urged the UK authorities to ensure that all unaccompanied minors who are that all unaccompanied minors who are potential victims of trafficking are assigned a potential victims of trafficking are assigned a legal guardianlegal guardian

GRETA invited the UK authorities to:GRETA invited the UK authorities to:– uphold their commitment to end child detention uphold their commitment to end child detention

for immigration purposes and seek alternatives to for immigration purposes and seek alternatives to detention in lines with the best interest of the detention in lines with the best interest of the childchild

– Ensure full compliance with Art.10(3) concerning Ensure full compliance with Art.10(3) concerning age verificationage verification

GRETA report on the UK: GRETA report on the UK: Non-punishment of victims Non-punishment of victims

GRETA urged the UK authorities to adopt a GRETA urged the UK authorities to adopt a victim-centred approach when victim-centred approach when implementing Article 26 of the Conv., by:implementing Article 26 of the Conv., by:– Encouraging prosecution services to consider Encouraging prosecution services to consider

THB as a serious violation of human rightsTHB as a serious violation of human rights– Ensuring that CPS/COPFS/ACPO guidance Ensuring that CPS/COPFS/ACPO guidance

are fully applied to prevent penalties to victims are fully applied to prevent penalties to victims – Ensuring that potential victims are not Ensuring that potential victims are not

penalised for immigration-related offences penalised for immigration-related offences (while identification procedure is underway)(while identification procedure is underway)

Other GRETA reports:Other GRETA reports:

Assistance and protection programmes Assistance and protection programmes should be applied in accordance with the should be applied in accordance with the needs of the victims and quality standardsneeds of the victims and quality standards

Inform victims of legal rights/obligations, Inform victims of legal rights/obligations, services available and how to access them services available and how to access them – in a language that they can understand– in a language that they can understand

Victims need info. on the implications of Victims need info. on the implications of being recognised as a victim of traffickingbeing recognised as a victim of trafficking

Other GRETA reports:Other GRETA reports:

Train professionals providing assistance Train professionals providing assistance

Ensure access to all assistance measures Ensure access to all assistance measures provided for in legislation (health care, etc)provided for in legislation (health care, etc)

Carry out independent evaluations of the Carry out independent evaluations of the effectiveness of assistance mechanismseffectiveness of assistance mechanisms

Assistance is part of re-integrating victims Assistance is part of re-integrating victims into society and in order to avoid re-into society and in order to avoid re-traffickingtrafficking

Committee of the PartiesCommittee of the Parties

Recommendation CP(2012)10Recommendation CP(2012)10

on the implementation of the Convention on the implementation of the Convention by the UKby the UK

adopted on 13 November 2012adopted on 13 November 2012

Recommends that the British Government Recommends that the British Government implement the proposals of GRETAimplement the proposals of GRETA

and report back on progress by 13 and report back on progress by 13 November 2014November 2014

For contact:For contact:

e-mail : e-mail :

Trafficking@coe.int

carolina.lasen-diaz@coe.int

Website:Website:

www.coe.int/trafficking

Thank you!Thank you!