The Council of Europe (basics)

Models of intervention at the EuropeanlevelThe Council of Europe Convention on Action against Trafficking in Human Beings

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 Convention • Signed in Warsaw in 2005 • In force since February 2008 • Currently has 38 Parties (including the UK and other 21 EU countries) and 6 signatories • Not restricted to CoE member States

Aims of the Council of Europe Anti-Trafficking Convention • Prevent human trafficking • Protect the human rights of victims of trafficking • Prosecute and punish the traffickers • Promote partnerships + Ensure compliance with the legal obligations through effective monitoring: - by the Group of experts on action against trafficking in human beings (GRETA) - and the Committee of the Parties

Human rights-based approach to trafficking in human beings • Trafficking in human beings (THB) is not only a threat to security and the rule of law, but a gross violation of human rights and an offence to the dignity and integrity of human beings • Countries are expected to promote a human rights-based and victim-centred approach in the development, implementation and assessment of policies and programmes to combat THB • 2010 ECtHR judgment on Rantsev v. Cyprus and Russia: THB falls within scope Art. 4 ECHR

The Convention’s Monitoring Mechanism • GRETA: 15 multi-disciplinary independent experts, elected by the Committee of the Parties for four years BUT acting in their individual capacity • Committee of the Parties: political body that adopts Recommendations addressed to Parties, on the basis of GRETA reports

Evaluation Procedure All Parties are subject to the same evaluation procedure: • aimed at monitoring their implementation of the measures set out in the Convention • based on dialogue and co-operation with the Parties • GRETA requests info from civil society • country evaluation visits are carried out

First results of GRETA’s work • Publication of 10 final evaluation reports in 2011-2012: Austria, Albania, Bulgaria, Croatia, Cyprus, Denmark, Georgia, Moldova, Romania, Slovak Republic • Three reports published in September 2012: Armenia, Montenegro, UK • Four reports adopted in November 2012 (to be published in early 2013): France, Latvia, Malta and Portugal

On-going evaluation work... • Final reports on B+H, Norway and Poland to be adopted in March 2013 • Draft reports on Belgium, Ireland and Spainto be discussed in March 2013 • Country evaluation visits to Luxembourg and Slovenia to be carried out in December 2012 • Further visits to AZE, FYROM, NED, SER and SWE in first half of 2013.

Assistance to victims (Art.12) • Parties must take measures to assist victims in their physical, psychological and social recovery • Taking account of the victim’s safety and protection needs • In co-operation with NGOs and other org. • Assistance provided on a consensual and informed basis (not conditional) • Taking due account of special needs of vulnerable persons and children’s rights

Minimum assistance measures: • Subsistence: accommodation, psychological and material assistance • Access to emergency medical treatment • Translation and interpretation services • Counselling and information (legal rights and services available) • Assistance to defend their rights in criminal proceedings against offenders • Access to education for children

Additional assistance measures: • For “lawfully resident victims”: • Necessary medical or other assistance • Access to the labour market, vocational training and education (Parties must set rules authorising this)

Assistance for “possible victims” • While the identification procedure is pending (authorities have “reasonable grounds to believe that a person has been a victim of THB”) - Art.10(2): • All the “minimum assistance measures” apply (those listed in Article 12(1)) • Taking due account of the victim’s safety and protection needs • The same measures apply during the recovery and reflection period - Art. 13(2)

Issues emerging from GRETA’s 10 first country evaluation reports • Assistance to victims: • support should not be dependent on the victims’ willingness to co-operate; • most support measures are designed for women; male and child victims also need tailored-made support; • victims’ freedom of movement and privacy have often been excessively limited;

Issues emerging from GRETA’s 10 first country evaluation reports • More efforts are needed to assist and protect child victims of trafficking; • Only the Parties are responsible for meeting the Convention’s obligations: • NGOs can contribute and co-operate but the quality of assistance is the government’s resp. • More training needed for professionals and staff working with victims; • Need to respect the confidentiality/privacy of victims of trafficking.

GRETA Report on the UK (Sept.2012) • GRETA welcomed the steps taken to assist victims of trafficking and to secure funding at a time of financial pressure • GRETA considered that the authorities of the UK and constituent countries should make further efforts to ensure that all potential and actual victims are provided with adequate support and assistance, from identification through recovery

GRETA report on the UK (2) Recommendations: • Adopt clear support service minimum standards for victims of trafficking/funding • Enable victims to access the labour market, vocational training and education • Ensure access to translation/interpretation • Improve legal advice to victims on issues such as NRM, asylum, criminal proceedings, compensation, etc.

GRETA report on the UK (3) Recommendations: • Ensure that all child victims benefit from the Convention’s assistance (appropriate accommodation and access to education) • GRETA urged the UK authorities to address the problem of children going missing from local authority care, by providing suitable safe accommodation and trained supervisors or foster parents.

GRETA report on the UK (4) • GRETA urged the UK authorities to ensure that all unaccompanied minors who are potential victims of trafficking are assigned a legal guardian • GRETA invited the UK authorities to: • uphold their commitment to end child detention for immigration purposes and seek alternatives to detention in lines with the best interest of the child • Ensure full compliance with Art.10(3) concerning age verification

GRETA report on the UK: Non-punishment of victims • GRETA urged the UK authorities to adopt a victim-centred approach when implementing Article 26 of the Conv., by: • Encouraging prosecution services to consider THB as a serious violation of human rights • Ensuring that CPS/COPFS/ACPO guidance are fully applied to prevent penalties to victims • Ensuring that potential victims are not penalised for immigration-related offences (while identification procedure is underway)

Other GRETA reports: • Assistance and protection programmes should be applied in accordance with the needs of the victims and quality standards • Inform victims of legal rights/obligations, services available and how to access them – in a language that they can understand • Victims need info. on the implications of being recognised as a victim of trafficking

Other GRETA reports: • Train professionals providing assistance • Ensure access to all assistance measures provided for in legislation (health care, etc) • Carry out independent evaluations of the effectiveness of assistance mechanisms • Assistance is part of re-integrating victims into society and in order to avoid re-trafficking

Committee of the Parties • Recommendation CP(2012)10 • on the implementation of the Convention by the UK • adopted on 13 November 2012 • Recommends that the British Government implement the proposals of GRETA • and report back on progress by 13 November 2014

For contact: • e-mail : Trafficking@coe.int carolina.lasen-diaz@coe.int • Website: www.coe.int/trafficking Thank you!

The Council of Europe (basics)