Expert Group Meeting Human Trafficking & Global Supply Chain Normative Framework Ankara, 12-13 th November 2012.

Expert Group Meeting

Human Trafficking & Global Supply Chain

Normative FrameworkAnkara, 12-13th November 2012

Objectives

• International Legal Framework

• Regional Legal Frameworks• Supplementary ways of protecting rights of

migrants

International Legal Framework

ILO International Labour StandardsInternational Human Rights Law

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990

International Legal FrameworkILO 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 FrameworkILO 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 FrameworkHuman 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 FrameworkNon 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 bodiesMonitor 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

workerse.g. seasonal workers/ project-tied workers

But not certain categories of foreignerse.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 employmentRemuneration (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 toconsult 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 2004States parties are required to submit initial reports (after

one year) and then periodic reports (after 5 years) on application / implementation of ConventionCommittee issues Concluding Observations on a number of

reportsCommittee adopted General Comment No. 1 on Migrant

Domestic WorkersOptional 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 instrumentRequires resources and coordination between

different government departments

Legal/ PoliticalExplicit safeguards for irregular migrant workersArgument 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. To strengthen social cohesion by establishing that all persons must be treated with respect by virtue of legal recognition and protection of their rights

8. 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

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 Frameworks

European Convention on the Legal Status of Migrant Workers 1977Only applicable to lawfully resident migrant

workers from other Contracting parties (Art. 1)

Equal treatment with nationals in defined areasHousing, education, conditions of work,

social security, social and medical assistance, access to courts and administrative authorities, right to organize

Other safeguards relating toWork and residence permits, information,

reception conditions, family reunion, re-employment, return

Ratified by 11 States partiesAlbania, France, Italy, Moldova, Netherlands,

Norway, Portugal, Spain, Sweden, Turkey, Ukraine

Only Albania, Moldova, Turkey and Ukraine are not EU/EEA countries

Regional Legal Framework

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 of Protecting Migrants’ Rights

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 WaysSpecial Rapporteur on the human rights of migrants

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

Supplementary WaysILO Multilateral Framework on Labour Migration

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

Highlighting

INTERNATIONAL LEGAL FRAMEWORK

The UN Protocol to Prevent, Suppress and PunishTrafficking 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-ILOILO 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 additionalinstrument 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 182Article 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 4For 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 theCouncil of Europe Convention

I. Prevention

II. 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 be assisted to recover physically, psychologically and socially, such assistance includes:

- 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 THBEffectively prosecute traffickersBetter protect the victims in line with

highest EU standardsNew 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 ERSANIOM Turkey

[email protected]

www.iom.int