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26 March 1997 Doc. 7785
ADOC7785
REPORT1
on traffic in women and forced prostitution
in Council of Europe member states
(Rapporteur: Mrs Renate WOHLWEND,
Liechtenstein, Group of the European People's Party)
_____
Summary
Alarmed by the dramatic increase in recent years in traffic in women and forced prostitution in Council of Europe member states, and worried by the increasing involvement of organised criminal groups in these lucrative crimes, the Assembly feels the need for urgent and concerted action to fight this phenomenon on the part of the Council of Europe as a pan-European organisation with a clear human rights mandate grouping both countries of origin and countries of destination of trafficked women.
The Assembly thus recommends that the Committee of Ministers elaborate a convention on traffic in women and forced prostitution. The convention should focus on human rights, stipulating repressive measures to combat trafficking through harmonisation of laws especially in the penal field, opening new channels for improved police and judicial communication, co-ordination and co-operation, and organising a certain degree of legal, medical and psychological assistance and physical protection for victims of trafficking, especially those willing to testify in court, and the granting of temporary residence permits. The convention should establish a control-mechanism to monitor compliance with its provisions and to co-ordinate on-going action at the pan-European level to combat trafficking in women and forced prostitution.
The Assembly further calls on the Committee of Ministers to urge member states to take a variety of measures on the national level to combat traffic in women and forced prostitution more effectively.
I. Draft recommendation
1. The Assembly is alarmed by the dramatic increase in recent years in traffic in women and forced prostitution in Council of Europe member states. It is worried by the increasing involvement of organised criminal groups in these lucrative crimes, which these groups use as a basis for financing and expanding their other activities, such as drugs and weapons trafficking and money laundering. The Assembly is also concerned about the deterioration of the treatment of trafficked women, bordering on slavery, which has resulted from this development.
2. The Assembly defines traffic in women and forced prostitution as any legal or illegal transporting of women and/or trade in them, with or without their initial consent, for economic gain, with the purpose of subsequent forced prostitution, forced marriage, or other forms of forced sexual exploitation. The use of force may be physical, sexual and/or psychological, and includes intimidation and abuse of authority or a situation of dependence.
3. Considering traffic in women and forced prostitution thus defined to be a form of inhuman and degrading treatment and a flagrant violation of human rights, the Assembly feels the need for urgent and concerted action on the part of the Council of Europe, its individual member states and other international organisations. In this framework, it welcomes the adoption on 29 November 1996 of a joint action programme by the European Union in the field, which, however, does not provide any binding recommendations. The Council of Europe, as a pan-European organisation with a clear human rights mandate grouping both countries of origin and countries of destination of trafficked women, is ideally placed to take the lead in combatting traffic in women and forced prostitution, and should do so without further delay.
4. The Assembly recommends that the Committee of Ministers:
elaborate a convention on traffic in women and forced prostitution, which would also be open for signature by states not members of the Council of Europe. The scope of the convention should be limited to adult women, and based on the Assembly's definition in paragraph 2. It should focus on human rights, stipulating repressive measures to combat trafficking through harmonisation of laws especially in the penal field, opening new channels for improved police and judicial communication, co-ordination and co-operation, and organising a certain degree of assistance and protection for victims of trafficking, especially those willing to testify in court, including physical protection if necessary, and in any case the granting of temporary residence permits as well as legal, medical and psychological assistance. The convention should establish a control-mechanism to monitor compliance with its provisions and to co-ordinate on-going action at the pan-European level to combat trafficking in women and forced prostitution. The Committee of Ministers is asked to submit the draft convention to the Assembly for opinion before its adoption.
5. The Assembly further recommends that the Committee of Ministers urges member states to:
i. introduce special measures to increase public awareness in general, and among the target group of possible victims of traffickers in particular, for example, through information provided by the staff of consulates and embassies dealing with requests for visas and work permits;
ii. create specific police structures on the national level to combat traffic in women and forced prostitution, and improve international communication, co-ordination and co-operation of police bodies via Interpol and Europol, but also on the basis of bi- and multilateral contacts;
iii. make provisions to enable the seizure and confiscation of profits from offences related to traffic in women and forced prostitution, as well as the closure of establishments in which victims of traffic are sexually exploited;
iv. grant residence permits to victims of traffic and forced prostitution who are willing to testify in court, and include them in witness protection programmes if necessary;
v. organise legal, medical and psychological assistance for victims of traffic and forced prostitution, especially those willing to testify in court;
vi. consider introducing special rules in criminal proceedings on the use of force for victims of traffic and forced prostitution, imposing heavier sentences for trafficking in women and forcing them into prostitution, as well as criminalising the behaviour of clients who knowingly use the services of a woman forced into prostitution or marriage;
vii. for states which do not extradite their nationals for offences committed abroad, consider making it possible to prosecute nationals in their home country for acts of trafficking committed abroad, whether or not there has been a complaint from the country in which the crime was committed;
viii. help the women victims of traffic to reintegrate into the society of their country of origin upon their return.
II. Explanatory memorandum
by Mrs Wohlwend
I. Introduction
1. In July 1994, several members of the Parliamentary Assembly tabled a motion for a recommendation on traffic in women and forced prostitution in Council of Europe member states. Alarmed by the evidence that this phenomenon has increased dramatically during recent years, they denounced the inhuman and degrading treatment and exploitation many trafficked women are subjected to as a modern form of "disguised slavery" which constitutes a flagrant violation of human rights. Consequently, they suggested that the Assembly invite the Committee of Ministers to take urgent action to stop the spread of trafficking in women and forced prostitution, by, inter alia, making persons and networks engaging in forced prostitution and/or the trafficking of women criminally responsible.
2. This motion for a recommendation was referred to the Committee on Legal Affairs and Human Rights for report, which appointed me its rapporteur. I have now been dealing with this issue for over a year2. During this time period, I have been surprised to find out the true extent of the problem of trafficking in women and forced prostitution, which is taking place on a breathtaking scale. During 1995, the spotlight was more on trafficking and sexual abuse of children, which has been dealt with by the Assembly in an urgent debate last September. Though the number of trafficked women, women forced into prostitution, mail-order brides, etc. is far larger, the European public has not reacted to this phenomenon with the same outrage; possibly because the victims are seen as less innocent, the crime takes place in certain "unsavoury" circles, or possibly because so many more people are involved (including thousands of "clients"). Trafficking in women and forced prostitution, although degrading, incapacitating and often life-threatening, has not attracted enough attention, yet: This report sets out to change this situation.
3. In the report, I will deal exclusively with traffic in women, not children or human beings in general. The reason for this is that traffic in children and their sexual exploitation and abuse requires different measures to that of traffic in women. As far as traffic in children is concerned, there is also a far wider consensus on what needs to be done, and governments, as well as international organisations, are moving fast in this field3. I will not deal with traffic in human beings in general, either, because the number of men trafficked for sexual exploitation is minimal, and I cannot deal with the problem of traffic in men for other purposes (such as exploitation as a low-wage worker) because of my limited mandate. I will, however, attempt a definition of traffic in women and forced prostitution in this report, and I will outline the specific problems that need to be tackled and potential solutions for these problems. Finally, I will explain why I feel the need for a Council of Europe Convention on the matter, and I will make some suggestions as to its possible scope and contents.
II. The definition of traffic in women and forced prostitution
4. An exact definition of traffic in women and forced prostitution is notoriously hard to find. While it is clear that kidnapped or deceived women and girls, who are physically or sexually abused and thus forced by their traffickers to enter or remain in the prostitution business would fall under any definition, it is more difficult to find a consensus on those women and girls who "voluntarily" choose to be trafficked and to prostitute themselves out of economic necessity. There is also disagreement as to whether mail-order brides should be included in the definition, and whether it is necessary to cross an international border in order to be recognised as "trafficked". The problem is further complicated by different moral stances on prostitution in general, leading to differing legal treatment.
5. Several different definitions have been proposed by different organisations. The Council of Europe's expert who worked out a plan of action against traffic in women and forced prostitution for the Steering Committee on Equality between Women and Men, Belgian barrister Michèle Hirsch, proposed the following definition:
"There is trafficking in women when a woman is exploited in a country other than her own by another person (natural or legal) for financial gain, the traffic consisting of organising (the stay or) the legal or illegal emigration of a woman, even with her consent, from her country of origin to the country of destination and luring her by whatever means into prostitution or any form of sexual exploitation".4
The disadvantage, in my view, of this definition is that it is very wide on the question of consent, but restrictive as far as the type of gain (financial, not material in general) and the situation of women trafficked within their own country is concerned.
6. The International Organisation for Migration (IOM) defines trafficking in women as
"any illicit transporting of migrant women and/or trade in them for economic or other personal gain. This may include the following elements:
* facilitating the illegal movement of migrant women to other countries, with or without their consent or knowledge;
* deceiving migrant women about the purpose of the migration, legal or illegal;
* physically or sexually abusing migrant women for the purpose of trafficking them;
* selling women into, or trading in women for the purpose of employment, marriage, prostitution or other forms of profit-making abuse."5
The disadvantage of this definition, in my opinion, is that it is too wide as far as the purpose of the trafficking is concerned, and that it is limited to international trafficking.
7. Europol defines traffic in human beings as follows:
"Traffic in human beings means subjection of a person to the real and illegal sway of other persons by using violence or menaces or by abuse of authority or intrigue with a view to the exploitation of prostitution, forms of sexual exploitation and assault of minors or trade in abandoned children."6
This definition is close to my own ideas as far as the question of force, and the question of trafficking within a country's borders are concerned, though it also deals with children.
8. The European Commission defines trafficking
"as the transport of women from third countries into the European Union (including perhaps subsequent movements between Member States) for the purpose of sexual exploitation. ... Trafficking for the purpose of sexual exploitation covers women who have suffered intimidation and/or violence through the trafficking. Initial consent may not be relevant, as some enter the trafficking chain knowing they will work as prostitutes, but who are then deprived of their basic human rights, in conditions which are akin to slavery."7
This definition is too limited in geographical scope, but explains the problem of initial consent very well.
9. A combination of all the above definitions would appear as the most appropriate to me. I would favour a definition which is broad enough to cover all cases of the use of force and abuse, be it psychological, physical or sexual, but which does not include voluntary prostitution as such. For the purpose of this report I thus define traffic in women and forced prostitution as follows:
"Trafficking in women means any legal or illegal transporting of women and/or trade in them, with or without their initial consent, for economic gain, with the purpose of subsequent forced prostitution, forced marriage, or other forms of forced sexual exploitation. The use of force may be physical, sexual and/or psychological, and includes intimidation and abuse of authority or a situation of dependence."
III. The problems that need to be tackled and potential solutions
10. The IOM estimates that at least 500.000 women were trafficked into member states of the European Union in 1995 alone. While until 1989, most trafficked women came from developing countries in Latin America, Africa or Asia, since the fall of the iron curtain the proportion of women coming from Central and Eastern Europe has more than tripled. Council of Europe member states are thus concerned in more than one way: Often, new member states double both as countries of destination and as countries of origin of trafficked women.8
11. Traffic in women and forced prostitution is a lucrative business for the traffickers, brothel-owners and pimps involved. Most often, trafficked women are deceived about the purpose of their being smuggled over the border into a richer country: Promised an escape from the poverty of their home countries and a job as, for example, a waitress or a beauty parlour assistant in "the West", their passports are confiscated by the traffickers as soon as they have crossed the border, and they are forced to work in night-clubs and brothels under the most inhumane conditions. It is not unusual for a trafficked woman to have to "serve" 10 clients a night, often having to accept to practice dangerous or degrading sexual acts that other prostitutes would refuse (including unprotected sex with the risk of AIDS, sadism, etc.). The profits go to the brothel-owner or pimp; they can be huge. Mail-order brides can also end up being held against their will as sexual slaves by violent and abusive husbands.
12. Most countries of destination make some effort to warn potential victims of the dangers of trafficking even before they cross the border. Unfortunately, not even the rising attention both the media and consular and embassy officials have been giving to the problem seems to have filtered through to the target group - in view of their dismal economic situation, many women easily let themselves be deceived nevertheless, especially since many are "recruited" by friends and acquaintances whom they trust. Some countries have been making more efforts than others: For example, the Netherlands are financially involved in projects which aim to foster economic self-dependency among women in order to prevent trafficking in women, and Switzerland is preparing an information leaflet for women asking for a work-permit as "gogo-girls" (see Appendix II, point 8). The success of these measures is, of course, hard to gauge.
13. The risk of being caught is negligible for the perpetrators of the crimes of traffic in women and forced prostitution: The few women who manage to escape, more often than not, face deportation as illegal immigrants if they turn to the police, because they either entered the country illegally or their visas or residence permits have run out. Should they agree to testify, these women also have to fear reprisals, both against themselves and their families at home, on the part of the traffickers, whose networks are becoming more and more organised and far-reaching. On top of all this, it is often difficult, if not impossible, for the victim to prove the use of force against her; often it will be her word against that of the trafficker or brothel-owner during the trial, lowering the rate of conviction. For these reasons, most trafficked women end up giving up hope and accept their fate, and they eventually stay in the prostitution business, losing all dignity and self-respect.
14. Since the trafficking business is so lucrative, and the rate of conviction is so negligible, more and more organised criminal groups are becoming involved. This has several negative consequences: Organised criminal groups get a foothold in both sending and receiving countries of trafficked women, which they can use as a basis for expanding their other activities, such as drugs and weapons trafficking and money laundering. The profits from trafficking often finance some of these other criminal activities. The treatment of the trafficked women also deteriorates as a result, since organised criminal groups have more means at their disposal to force trafficked women to stay in the prostitution business, and do not hesitate to use them - including threats to kill the woman or her relatives at home, well-guarded brothels from which it is practically impossible to escape, etc.
15. Unfortunately, international co-operation on the issue by Council of Europe member states does not quite match the growing international organisation of the criminal groups. While police co-operation through Interpol and Europol seems to be working well, with 14 respondents to the questionnaire of the Committee on Legal Affairs and Human Rights replying that they combat traffic in women and forced prostitution through these institutions (see Appendix II, point 7), bilateral and multilateral police and judicial co-operation is still fairly limited.9 In addition, few countries have specific police structures other than vice squads or police specialised in fighting organised crime dealing with traffic in women and forced prostitution (the Netherlands are the exception with their specialists in traffic in women and forced prostitution in every region), making international co-operation on the level of police bodies more cumbersome and neglecting the specific nature of the crime.
16. It can thus be concluded that the increasing involvement of international organised crime in the traffic of women and forced prostitution is a very dangerous development, which must be combatted most urgently. Potential solutions would include broader institutionalised co-operation between police bodies of the member states of the Council of Europe, especially on a bi- or multilateral basis, provisions for the seizure and confiscation of the profits from offenses related to sexual exploitation, the closure of establishments in which victims of traffic are sexually exploited and police protection programmes for victims of traffic who escape and must fear the revenge of traffickers on themselves or their families at home.
17. On the latter point, it should be pointed out that, although no Council of Europe member state seems to have a witness protection programme specifically geared to trafficked women willing to testify in court, general witness protection programmes could be applied to such cases in nine member states (see Appendix II, point 9 b.), although they seldom are in practice. It would be highly desirable if all Council of Europe member states could set up such witness protection schemes, and apply them more generously also to victims of traffic in women and forced prostitution. I gather that a recommendation on witness protection programmes is currently being worked upon by the Committee of Ministers of the Council of Europe - the speedy adoption of such a recommendation would be very welcome.
18. The traffickers can often act with impunity because they do not need to fear punishment, since either the sentences for trafficking in women and forced prostitution are very light, or it is impossible to obtain a conviction since the chief witnesses - the trafficked women - are too afraid of reprisals to testify, or they have already been deported to their home countries. It is thus in the interest of the authorities that women who are willing to testify in criminal proceedings be not only included in witness protection schemes, but also be provided with temporary (if not long term) residence permits. Currently only five Council of Europe member countries have legal provisions allowing the grant of such residence permits (Germany, Greece, Luxembourg, the Netherlands and the United Kingdom), and Sweden is looking into the possibility of creating such a provision (see Appendix II, point 9 c.). The Netherlands are the most advanced in this field, entitling victims of trafficking who press charges to social security benefits, safe shelter, legal, medical and psychological help in connection with their temporary residence permits, a practice that might help to explain why the Netherlands have been more successful than most other countries in combatting traffic in women and convicting traffickers10. The granting of long-term residence permits or of help to repatriated women to reintegrate into the society of their country of origin is a rarity (see Appendix II, point 9 d.).
19. Another, more radical proposal in the field of criminal justice might be to reverse the burden of proof under certain circumstances. In countries in which prostitution as such does not constitute a crime, it is up to the trafficker's victim to prove that she was forced into prostitution if the trafficker is not meant to walk free. This is usually practically impossible for the victim, with her word up against the defendant's. In such cases, reversing the burden of proof, i.e. forcing the defendant to prove that the victim engaged in prostitution voluntarily, instead of the other way round, might be worth some consideration, although I am aware of the inherent problems this might pose with regard to the presumption of innocence.
20. The possibility of imposing heavier sentences for trafficking women and forcing them into prostitution should also be considered, as should be criminalising the behaviour of matrimonial agencies organising mail-order marriages. Council of Europe member states have very different forms of legislation in the field, mainly due to the countries' stance on prostitution as such. While few countries have made trafficking in women a separate criminal offence, many countries deal with the crime under the heading of trade in human beings in general, forced prostitution, or pimping. In some abolitionist member states, prostitution as such is also considered a crime, although most countries do not criminalise the behaviour of the prostitutes themselves. These differing legal provisions resulting from different moral stances on prostitution can cause no end of problems in the framework of judicial co-operation and the implementation of conventions on traffic in human beings, but it is unfortunately unrealistic to ask for their harmonisation, since the views on voluntary prostitution diverge so widely. Under the circumstances, it seems more realistic to call for harmonisation of legal provisions only in so far as forced prostitution and traffic in women is concerned.
21. As far as extradition of criminals is concerned, the European Convention on Extradition and the European Convention on Legal Aid in Criminal Cases already provide a good framework to ensure that people who commit offenses abroad do not escape conviction. However, states which do not extradite their nationals for offenses committed abroad might consider making it possible to prosecute nationals in their home country for acts of trafficking committed abroad, whether or not there has been a complaint from the country in which the crime was committed.
22. Finally, the demand-side must be dealt with as well. If there were no demand for sex services of trafficked women forced into prostitution, the "industry" would not be booming as it is currently. It is not enough to tackle the supply-side, by criminalising the behaviour of the traffickers. Criminalising the behaviour of men who knowingly use the sex services of trafficked women forced into prostitution should also be considered, as well as the behaviour of sex tourists abroad using the same services and of men who knowingly order "mail-order brides" forced into marriage. Again, the problem with such an approach consists in the burden of proof incumbent on the victim, to prove that the client knew she had been forced into marriage or prostitution, but it would be a step in the right direction if at least a few of the clients no longer got away with it.
IV. Possible contributions by different actors
A. By the Council of Europe
23. The Committee of Ministers' Steering Committee for equality between women and men (CDEG) has, over the last four years, worked on the issue of trafficking in women and forced prostitution. The starting point of its activities was the organisation of a Seminar on action against traffic in women and forced prostitution as violations of human rights and human dignity, which took place in Strasbourg on 25 September 1991. The Committee established a Group of Specialists on the issue as a follow-up to the seminar, which worked for two years and produced a final report of activities, containing an action-oriented list of priorities for the CDEG.
24. In June 1994, the CDEG decided to ask an outside expert, Belgian barrister Michèle Hirsch, to draw up a plan of action, which was submitted at the end of 1995 and declassified by the Committee at the beginning of 1996. The plan of action contained some interesting proposals and a good analysis of the situation, although it is a bit cumbersome to read. Since then, the CDEG has seemed to stall to a certain extent on what follow-up should be taken on the issue, with some member states favouring the elaboration of a legal instrument, such as a recommendation of the Committee of Ministers or a convention, and others favouring a more flexible approach with a potpourri of different measures.
25. During its last meeting on 26-28 February 1997, which I attended on behalf of the Assembly, the CDEG, taking note of the unfavourable opinions of a certain number of governments to a legal binding instrument, decided to appoint an expert-consultant, who has been asked to prepare a summary of past activities, including those undertaken by other international organisations. He has also been asked to set up an outline for a draft recommendation, which could be considered by the Group of Specialists in September 1997.
26. It is my personal opinion that, after a very promising beginning, the Committee of Ministers and its subsidiary bodies have wasted a fair amount of time, unable to come to a proper decision. The Council of Europe, as a regional organisation with a human rights orientated mandate, which includes as members many of the sending and the receiving countries of trafficked women, is well placed to contribute to the efforts to eliminate traffic in women and forced prostitution in European states. It must stop simply discussing the issue and should start taking some concerted action. I favour the elaboration by the Council of Europe of a legal instrument of a regional character, preferably a Convention, as does the majority of the countries which replied to the Committee on Legal Affairs and Human Rights' questionnaire (see Appendix II, point 10). I will elaborate on the need for such an instrument in Chapter V.
B. By the United Nations
27. There are several United Nations Conventions which aim at constraining trafficking in women. The first was the Paris Convention of 4 May 1910 on the White Slave Traffic11, which deals with trafficking in, and prostitution of minors, even with their consent, and trafficking in, and forced prostitution of adults. The parties to the convention agreed to punish the traffic in minors and the exploitation of the prostitution of minors, even with their consent, but did not make it a crime to lure a woman of full age into prostitution when she consents. The parties further agreed to make forced traffic and forced prostitution of persons of full age a crime.
28. The second convention was the Convention of 30 September 1921 for the Suppression of the Traffic in Women and Children, which was quickly followed by the third convention, the Geneva Convention of 11 October 1933, which deals with trafficking in women of full age in another country. The convention complements the Paris Convention in stipulating that exploitation of the prostitution of a woman of full age, even with her consent, for immoral purposes in another country shall be punished.
29. The New York Convention of 2 December 1949, which is the fourth and last of the UN Conventions on this issue, concerns the traffic in, and prostitution of a person, even with their consent. The parties to the convention agree to punish the exploitation of the prostitution of all persons unconditionally, even with their consent. Prostitution itself is not criminalised by the convention, but all the activities which surround it (such as pimping, procuring, trafficking, etc.). It can thus be said that this convention is the most comprehensive of the UN conventions, especially because its clauses supersede, between the parties to it, the provisions of the previous international instruments. By 31 December 1995 it had been ratified by 21 Council of Europe member states (Albania, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Finland, the former Yugoslav Republic of Macedonia, France, Hungary, Italy, Latvia, Luxembourg, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia and Spain) and signed by one (Denmark), the most recent ratifications dating from 1992 to 1994.
30. Many countries have, in the end, found that the New York Convention does not really satisfy their needs, for a number of reasons: First, it contains a number of contradictions. The measures advocated in the convention are based on the consideration set forth in the preamble:
"Whereas prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community".
Thus, prostitution is not prohibited de jure: The prostitute is considered as a victim to be protected from exploitation by others. However, at the same time, prostitution is viewed as a scourge of society. The convention cannot condemn the victims, only those who exploit them, but in so doing, it necessarily marginalises the prostitute herself, who should not let herself be exploited. The convention thus prohibits prostitution de facto. As a consequence, it is in practice very difficult to protect prostitutes from exploitation as a consequence of this convention, since all those who aid and abet prostitution are criminalised, and prostitutes are thus forced to go about their "work" in an illegal manner. This has not proved a very effective way, neither of combatting traffic in women, nor of prostitution in general.
31. Second, the convention has not been acceptable to countries with a regulationist approach to prostitution, such as Germany, because it does prohibit prostitution de facto. A revision of the convention to get rid of its moral ballast would thus be highly desirable, but is unlikely, since in the view of abolitionist countries, it would mean a step backwards. Under the circumstances, the drafting of a new convention of a regional character seems like a better solution.
32. The United Nations General Assembly adopted a resolution on 22 December 1995, appealing to governments to strengthen existing legislation with a view to providing better protection of the rights of women and girls and to punishing perpetrators, through both criminal and civil measures. The Assembly also invited governments to establish or strengthen institutions for the protection of the victims of trafficking of women and children, and to ensure for victims the necessary assistance, including legal support services that are linguistically and culturally accessible, for their full protection, treatment and rehabilitation. In addition, it urged concerned governments to support comprehensive, practical approaches by the international community to assist women and children victims of transnational trafficking to return home and be reintegrated into their home societies. These are very good proposals; it is unfortunate that such resolutions have so little clout.
C. By the European Union
33. The European Union, upon the initiative of Commissioner Anita Gradin and the European Parliament, has been very active in the field of traffic in women for sexual exploitation. Together with the IOM, the European Commission organised a highly successful conference on trafficking in women in Vienna on 10-11 June 1996, at which I had the honour of representing the Parliamentary Assembly of the Council of Europe. The conference included representatives of governments, international and non-governmental organisations from a variety of sending and receiving countries (i.e. conference participation was not limited to European Union member states). The conference divided up into four workshops, on migration policy, judicial co-operation, law enforcement and police co-operation, and on social policy. The workshops' recommendations were duly reflected in the Communication from the Commission to the Council and the European Parliament on Trafficking in Women for the purpose of Sexual Exploitation12, which was forwarded on 20 November 1996.
34. The communication included a number of interesting "action points" directed at European Union member states and the Commission, focusing, inter alia, on the need for improved data and research, improved co-operation, communication and co-ordination, training and legislation. On this basis, the Council adopted a Joint Action on 29 November 1996, on the basis of Article K. 3 of the Treaty on European Union, establishing an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children13, worth 6.5 million ECU for the period 1996 to 2000. The joint action programme targets judges, public prosecutors, police departments, civil servants, public services concerned with immigration and border controls and with social and tax legislation, the prevention or combating of trade in human beings and the sexual exploitation of children and assisting the victims or dealing with the perpetrators. It provides for measures in the following fields: training, exchange programmes and training courses, organisation of multidisciplinary meetings and seminars, studies and research, and dissemination of information.
35. Thus the joint action programme of the European Union will be ensuring that some very valuable work is done in the next four years in these fields. It will especially provide a boon to non-governmental organisations, universities and institutes. However, the European Union is nevertheless hampered in its efforts by the simple fact that first, traffic in women and forced prostitution belongs to the third pillar of the Maastricht treaty, i.e. that the Union has practically no jurisdiction over the matter, and, second, that the European Union itself groups nearly exclusively countries of destination, and not countries of origin. Thus the joint action is about as far as the Union can go: elaborating binding recommendations on the matter, let alone a Convention, is outside its remit. The potential solutions to traffic in women and forced prostitution on a wider European scale as outlined in Chapter III. will have to be tackled by other organisations.
D. By Council of Europe member states
36. Most of the potential solutions I have outlined in Chapter III. can be implemented best by the governments of Council of Europe member states themselves. The countries' efforts should start even before trafficked women cross their borders: Countries of origin have a vested interest in informing the public, but especially vulnerable groups of potential victims, of the goings-on. Countries of destination have an equally important role to play in informing applicants for visas and residence permits of the dangers. Improved border controls can, in some regions, further discourage traffic in women.
37. International communication, co-ordination and co-operation should also be improved between Council of Europe member states, not only via Interpol and Europol, but also on the basis of bi- and multilateral contacts. In this context, creating special police structures on the national level to combat traffic in women and forced prostitution could prove useful. Provisions should be made by national law-makers, if they have not already, to enable the seizure and confiscation of profits from offenses related to sexual exploitation, as well as the closure of establishments in which victims of traffic are sexually exploited.
38. Another important point would be the establishment of witness protection programmes and the granting of residence permits to victims of trafficking and forced prostitution who are willing to testify in court. (Help to repatriated victims to reintegrate into the society of their country of origin would be but a small compensation for the victims of traffic and forced prostitution). As far as penal proceedings are concerned, governments of member states might also want to consider reversing the burden of proof on the use of force, and imposing heavier sentences for trafficking in women and forcing them into prostitution, as well as criminalising the behaviour of clients who knowingly use the services of a woman forced into prostitution or marriage. States which do not extradite their nationals for offenses committed abroad might consider making it possible to prosecute nationals in their home country for acts of trafficking committed abroad, whether or not there has been a complaint from the country in which the crime was committed.
V. The need for a Council of Europe Convention
39. As has been pointed out in Chapter IV., the existing international texts, particularly the 1949 United Nations Convention, are no longer adapted to the current realities, and it is highly unlikely that they will be revised in the near future. However, Europe is in urgent need of a whole host of measures to stop the proliferating traffic in women and forced prostitution: the Council of Europe, as a regional organisation with 40 member states, is ideally placed to work out what these measures should be, to draft an appropriate legal instrument, such as a regional convention, and to monitor compliance with the instrument afterwards. Nearly all states which replied to the Committee's questionnaire felt the need for improved international co-operation, and a majority was in favour of a Council of Europe legal instrument (see Appendix II, point 10).
A. Form and scope
40. The scope of such an instrument should be relatively narrowly defined, to avoid the pitfalls of the United Nations New York Convention. In other words, the instrument should not get involved in the business of the moral appreciation of prostitution. Instead, it should seek the widest possible consensus on the basis of the definition I have proposed, which should not pose too many problems in the view of the fact that there is a practical universal appreciation of traffic in women and forced prostitution as a violation of human rights and human dignity:
"Trafficking in women means any legal or illegal transporting of women and/or trade in them, with or without their initial consent, for economic gain, with the purpose of subsequent forced prostitution, forced marriage, or other forms of forced sexual exploitation. The use of force may be physical, sexual and/or psychological, and includes intimidation and abuse of authority or a situation of dependence."
The scope of the convention should furthermore be limited to adult women, since other conventions already deal with the problem of children.
41. The preferred form of legal instrument would, in my view, be a normative convention. A convention of any type would have the advantage of being geographically open to non-member states, so that a maximum number of countries of origin of trafficked women not members of the Council of Europe could be bound by it in addition to member states. Any type of convention would have the further advantage of offering the possibility of creating a convention body which would monitor compliance with the provisions of the convention. These two advantages are shared by both normative and framework conventions alike. The further advantage of a normative convention over a framework convention would be, in essence, its strength on the basis of binding, harmonised provisions applicable to all state parties, which is essential in a case like this one where penal norms are involved. Thus a framework convention would only be my second choice; and a recommendation of the Committee of Ministers would be an even poorer alternative, given its non-binding character and the lack of monitoring possibilities.
B. Contents
42. The Council of Europe convention might focus on human rights: It could stipulate repressive measures to combat trafficking (tackling traffickers as well as punters) and organise a certain degree of assistance and protection for victims of trafficking (physical protection and legal, medical, and psychological assistance), basically following the recommendations I have made to Council of Europe member states in Chapter IV. Most importantly, however, the convention should establish a control-mechanism to monitor compliance with its provisions and to co-ordinate on-going action at the pan-European level to combat trafficking in women.
VI. Conclusion
43. Traffic in women and forced prostitution violates human rights and human dignity. Unfortunately, it is on the rise, and the perpetrators of these crimes are becoming increasingly dangerous, due to the connection with organised crime. However, Europe is not helpless in the face of this onslaught: Many measures have already been taken by individual states and international organisations, and more are currently being organised, especially by the European Union. The Council of Europe, as a pan-European organisation with a clear human rights mandate, should not stand on the sidelines of this development, but should take urgent and concrete action to combat traffic in women and forced prostitution, preferably through the elaboration of a legal instrument such as a regional convention.
APPENDIX I:
Questionnaire on traffic in women and forced prostitution
sent to national delegations on 3 September 1996
I. Introductory remark:
The aim of this questionnaire is to collect more ample information on the situation in Council of Europe member states regarding traffic in women and forced prostitution. Since the topic is an urgent one, national parliamentary delegations are asked to reply before 1 November 1996, so that the report could be presented for debate in the Assembly during the January or April 1997 part-session.
II. Questionnaire:
Please answer the following questions:
1. Your country:
2. Is your country
- a country of origin of trafficked women?
- a country of destination of trafficked women?
- or both?
3. If your country is a country of destination of trafficked women, please indicate which are their main countries of origin, if possible.
4. Do legal provisions in your country exist,
or is the adoption of such legislation foreseen for the near future:
(if the answers is yes, please indicate the title of the law, the date of its adoption and attach the key paragraphs, if possible)
a. on trade in human beings in general
b. on trafficking in women
c. on forced prostitution
d. on prostitution in general
(pimping, criminalisation of prostitutes or clients, etc.)?
5. Does your country co-operate with other countries in combating trafficking in women and forced prostitution, and if so, how?
6. Have any special measures been introduced to prevent the entry of trafficked women at the border, and if so, which ones?
7. Have any special measures been introduced to increase public awareness in general, and among the target group of possible victims of the traffickers in particular (e.g. information of staff of consulates and embassies)?
8. Have any special measures been introduced to assist women who have been trafficked and/or forced into prostitution? In particular,
a. are there specific police structures dealing with traffic in women and forced prostitution?
b. are there "witness protection" programmes for trafficked women willing to testify in court against their traffickers?
c. do trafficked women willing to testify receive temporary or permanent residence permits?
d. are trafficked women given any help to reintegrate in to the society of their country of origin upon their (voluntary or involuntary) return?
9. Does your country feel the need for increased international co-operation in this area, and would it favour the elaboration of a Council of Europe legal instrument on the matter?
APPENDIX II:
Summary of replies received to the questionnaire
by 15 February 1997
Number of replies received: 30
1. Countries which replied:
Belarus, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, the former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom.
2. Countries which identified themselves as
* a country of origin of trafficked women:
Moldova, Slovakia
* a country of destination of trafficked women:
Croatia, Cyprus, Denmark, the former Yugoslav Republic of Macedonia, Greece, Italy, the Netherlands, Norway, Spain, Sweden, Switzerland, the United Kingdom
* both:
Bulgaria, the Czech Republic, Estonia, Germany, Hungary, Latvia, Lithuania, Poland, Portugal, Romania, Slovenia
* neither:
Belarus, Ireland, Luxembourg
* a country of transit for trafficked women:
Bulgaria, Poland, Portugal, Romania, Slovenia
* no answer:
France, San Marino
3. Main countries of origin for countries which identified themselves as countries of destination of trafficked women:
for Bulgaria: Russia, Ukraine, Belarus, Moldova, Romania
for Croatia: Ukraine, Russia, Belarus, Lithuania, Latvia, Moldova, the Czech Republic, Slovakia
for Cyprus: Romania, the Philippines, Russia, Ukraine, Bulgaria
for the Czech Republic: Czech Republic, Ukraine, Belarus, Russia, Bulgaria, Asia
for Denmark: Thailand and African countries
for Estonia: possibly Russia
for the former Yugoslav Republic of Macedonia: Ukraine, Russia, Bulgaria
for Germany: mainly countries of Central and Eastern Europe (Poland, the Czech Republic, Slovakia, Bulgaria, Romania) and the former Soviet Union (Russia, Ukraine), also Columbia, the Philippines, Thailand, Brazil and African countries
for Greece: mainly countries of former Soviet Union (Russia, Ukraine, Georgia, Belarus, Kazakhstan), Albania, Bulgaria, Romania, Poland
for Hungary: Romania, Russia, Ukraine
for Italy: Albania, the former Yugoslavia, countries of Central and Eastern Europe in general, Jamaica, Africa
for Latvia: countries of the former Soviet Union
for Lithuania: Belarus, Ukraine and the Kaliningrad region
for the Netherlands: Asia, Latin America, Africa, Central and Eastern Europe
for Norway: Caribbean islands, Haiti and Eastern Europe
for Poland: mainly Bulgaria, Belarus, Ukraine, Russia and Lithuania
for Portugal: Africa, Eastern Europe, South America (especially Brazil)
for Romania: countries of the former Soviet Union (Ukraine, Moldova)
for Slovenia: Ukraine, Russia, Belarus, Romania, Slovakia, Poland, Bosnia and Herzegovina, Serbia, Macedonia, Dominican Republic
for Spain: South America
for Sweden: Eastern Europe and Asia (mostly Thailand)
for Switzerland: Poland, Russia, the Czech Republic, Latvia, Albania, the Philippines, Morocco
for the United Kingdom: South America (principally Brazil), the Far East (principally Malaysia and Thailand), Eastern Europe
4. Countries which considered themselves
* very affected by traffic in women:
Germany, the Netherlands, Romania
* not so much affected by traffic in women:
Belarus, Bulgaria, Cyprus, Estonia, Ireland, Luxembourg, Norway, Sweden
5. Countries in which legal provisions exist
a. on trade in human beings in general:
Bulgaria, the Czech Republic, Germany, Greece, Italy, Latvia, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Switzerland
b. on trafficking in women in particular:
Bulgaria, Cyprus, the Czech Republic, Germany, Greece, Hungary, Ireland, Norway, Poland, Slovakia, the United Kingdom
c. on forced prostitution:
Bulgaria, Cyprus, the Czech Republic, Estonia, France, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Portugal, San Marino, Slovakia, Slovenia, Switzerland, the United Kingdom
d. on prostitution in general:
Belarus, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, the former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom
6. International co-operation in combating traffic in women and forced prostitution
* with other states on a bi- or multilateral basis:
Belarus: with Germany (police in Northrhine-Westfalia)
Bulgaria: with specialised bodies of the countries of destination of trafficked women; good results in the practical interaction in this sphere especially with the police structures of Italy, Germany and Greece
Cyprus: with all countries through liaison officers and embassies by exchanging information and rendering legal assistance where required
the Czech Republic: with neighbouring countries, and in a Central European context (conferences)
Estonia: with the Swedish Child Protection Organisation Rädda Barnen (for the prevention of child sex crimes)
Germany: inter alia with Poland and the Czech Republic in the framework of bilateral agreements on the fight against organised crime
Greece: with various countries of Central and Eastern Europe in the framework of bilateral agreements, through the exchange of information
Hungary: with 14 countries on a basis of bi- or multilateral agreements on the fight against organised crime
Latvia: by informing the embassy of the respective country of the persons engaging in prostitution and pimping
Lithuania: with 12 countries on the basis of co-operation agreements concluded by the Ministry of the Interior
Luxembourg: with neighbouring countries, Schengen and European Union countries, as well as on the basis of bi- and multilateral extradition and penal support treaties
Norway: through a Nordic liaison officer stationed in South-East Asia
Poland: with Germany through mutual legal assistance of prosecution and police bodies, and co-operation between Polish and German courts and prosecutor's offices based on the March 1993 Agreement concluded by the Ministries of Justice
Slovakia: through the provision of legal assistance in specific criminal proceedings (mainly with the Netherlands and Germany)
the United Kingdom: where appropriate, legal assistance to obtain evidence from outside the United Kingdom is sought, and also given to any country without the need for specific treaties and agreements; in practice, police co-operation with Lithuania in a recent case
* in the framework of regional and international organisations and on the basis of international conventions:
Croatia: through INTERPOL
Cyprus: through INTERPOL
the Czech Republic: through INTERPOL and EUROPOL
Estonia: through INTERPOL (for the prevention of child sex crimes)
Germany: through INTERPOL and EUROPOL, and in the framework of the European Union
Greece: in the framework of the European Union, through INTERPOL
Hungary: on the basis of the European Convention on Legal Aid in Criminal Cases
Ireland: in the framework of the European Union
Lithuania: through INTERPOL
Luxembourg: through INTERPOL, on the basis of the Schengen Accords, the European Convention on Extradition and the European Convention on Legal Aid in Criminal Cases
Moldova: through INTERPOL
the Netherlands: in the framework of the European Union and EUROPOL
Norway: through INTERPOL
Poland: on the basis of the European Convention on Extradition, the European Convention on Legal Aid in Criminal Cases, in the framework of the European Union, and in an international programme - La Strada - initiated by non-governmental organisations
Portugal: through INTERPOL and EUROPOL
Slovakia: on the basis of the 1921 International Convention on the Combatting of Traffic in Women and Children, the 1933 International Convention on the Combatting of Traffic in Adult Women and the 1910 International Convention on the Suppression of Traffic in Girls
Slovenia: through INTERPOL
Spain: on the basis of the 1949 United Nations Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others
Sweden: in the framework of the European Union, the Council of Europe and the United Nations
Switzerland: through INTERPOL
the United Kingdom: on the basis of the Criminal Justice (International Co-operation) Act of 1990
7. Countries which have undertaken special measures to
* prevent the entry of trafficked women at the border:
Cyprus: prostitutes are not allowed to enter Cyprus; the Aliens and Immigration Office checks all artists who apply for employment permits (e.g. in cabarets and nightclubs) and refuse landing to those who have a suspicious record; agents who have been reported to the police for violation of the law regarding the employment of artists may not be given any other authorisation for entry permits for artists
the former Yugoslav Republic of Macedonia: control of women registered as trafficked at border crossings; in all recorded cases their re-entry is prohibited
Germany: foreigners who have already come to the attention of the German police authorities for trafficking women or exercising illegal prostitution can be refused entry at the border
Greece: the competent Greek authorities can refuse entry to an alien if the person concerned falls under the circumstances prohibiting his entering a country, even if he holds a visa
Hungary: in the case where a crime can be detected in connection with the entry of a prostitute into Hungary (e.g. crossing the border illegally, smuggling people, etc.), the authorities take the necessary immigration measures as well as penal ones
Italy: the law of 13 September 1996 on the repression of activities directed at favouring the illegal entry into Italy of non-European Union citizens provides for fines or imprisonment up to 15 years for recruiting prostitutes and smuggling them across the border
Latvia: control of documents at the border, raids and checks
Lithuania: in connection with the establishment of the identity of individuals with forged passports
Moldova: the border police is alerted by the Central National Interpol Office and the Foreign Ministry of the Republic, and takes the necessary measures
Switzerland: special measures have been taken to protect cabaret dancers from exploitation by their employers, which include specific conditions for receiving a short-term work permit (minimum age: 21, work contract in conformity with certain standards, etc.); the cantonal authorities regularly check that the deductions an employer might make to cover accessory expenses (board and lodging, transport costs, etc.) do not deprive the dancer of a salary; the federal authorities are currently preparing an information leaflet which will be handed to the dancers at the same time as their work and residence permits
* to increase public awareness in general, and among the target group of possible victims of the traffickers in particular:
Belarus: publications in the mass media on the subject
Bulgaria: when specific cases of traffic in women and forced prostitution are revealed, the consulates of Russia, Ukraine, Belarus, Moldova and Romania are informed; a broad campaign to increase public awareness is under way in the press; non-governmental women's organisations are very active
the Czech Republic: Czech embassies are informed of the problem, and are in a position to give advice and aid those women who ask for it (mainly in Italy and Germany)
Estonia: if necessary, the police informs consulates and embassies of the names of persons who should not be granted a visa; this information is given on the basis of criminal cases and information from Interpol
the former Yugoslav Republic of Macedonia: information is submitted to the mass media in the country on certain recorded cases
Germany: since 1992 the Federal Office for the fight against crime (BKA) publishes a yearly appreciation of the situation regarding traffic in human beings, which is accessible to all police offices; the BKA also holds lectures for staff of embassies and consulates on the problem; members of the border police act as advisers on the authenticity of documents to airline officials in Karachi, Bombay and Bangkok
Greece: the public is informed by means of meetings organised by the General Secretariat for Equality of the Ministry of Interior and the "Free Women's Movement", as well as by debates in parliament, newspaper articles and TV documentaries
Hungary: the authorities inform layers of society who are endangered by prostitution as part of a crime prevention strategy; the press plays an important role in this; prostitutes working in foreign countries who ask the help of Hungarian embassies and consulates abroad to return home are provided with it
Latvia: co-operation with radio, television and other forms of mass media; a "Children's' Foundation" has been established
Lithuania: activity in this area is being pursued with the assistance of Interpol and through the mass media
Moldova: general prevention strategy concerning tourist firms who, under the cover of recruiting young girls to work abroad, use them for or force them into prostitution; information is sent via the National Interpol Office to the embassies and consulates of the Republic of Moldova in the countries at risk
the Netherlands: Dutch embassies in the countries of origin try to warn women who are potential victims of trafficking; the Dutch government is financially involved in projects which aim to foster economic self-dependency among women in order to prevent trafficking in women
Poland: on the initiative of "La Strada", information campaigns have been carried out in the media; "La Strada" also runs a hotline for women victims of traffickers and all interested persons
Portugal: the Office for Public Relations of the judicial police has launched several initiatives with a view to informing the general public, and especially women at risk; the Commission for Equality and the Rights of Women has elaborated an informational leaflet and has taken part, together with some non-governmental organisations, in action programmes to provide information on the question
Slovenia: the staff of embassies and consulates is informed that women seeking work permits for so-called "artistic activities" could be possible victims of traffic in women or could be forced into prostitution; however, if the women in question fulfil all the legal requirements for the work permit, they receive it
Switzerland: a working group on "traffic in women, sex tourism and prostitution" was created in 1990 under the aegis of the Federal Office for Equality between Women and Men; its task is to sensitise the public on these questions, and, so far, it has published information on the context and the cause of sex tourism and addressed Swiss embassies and consulates in the countries of origin of "gogo-girls" and the countries of destination of sex tourists; an information leaflet for women asking for a work-permit as "gogo-girls" is in preparation
8. Countries which assist women who have been trafficked and/or forced into prostitution through
a. specific police structures dealing with traffic in women and forced prostitution:
Bulgaria: the Ministry of the Interior has a specialised sub-division which detects persons organising "channels" for illegal entry and departure of people, including women for the purposes of subsequent forced prostitution
the Czech Republic: on the level of regional and district police vice squads exist
the former Yugoslav Republic of Macedonia (no details given)
Germany: such cases are dealt with either by specialised police dealing with organised crime or by vice squads
Greece: sexual criminal affairs against women are for the most part assigned to female police and interrogation officers who are taught the appropriate conduct as part of their overall police training
Hungary: such cases are dealt with by the police service against organised crime
Ireland: while there is no specific police structure dealing with trafficked women, there is a specialist unit dealing with violence against women
Latvia: there is a vice squad in the capital city Riga
Luxembourg: the vice squad deals with such crimes
Moldova: the vice squad deals with such crimes
the Netherlands:in some regions there are special police units dealing with sexual crimes; in every region there are specialists in the field of traffic in women and forced prostitution
Slovakia: such cases are dealt with by the subdivision of the police in charge of combatting violent and vice crime
Slovenia: since 1996 this kind of crime is dealt with by the department for combatting organised crime
Switzerland: while there is no specific police structure dealing with trafficked women, private and public consultation centres exist which grant medical, psychological, social, material and legal aid to victims; victims of sexual crimes may also insist that they be interrogated by an officer of the same sex
United Kingdom:although there are no specific police structures as such, the police in the United Kingdom treat trafficked women and those who have been forced into prostitution as victims of a crime rather than as criminals by virtue of their involvement in prostitution
b. "witness protection" programmes for trafficked women willing to testify in court against their traffickers:
Cyprus: although there is no special programme for providing protection to victims of this kind of crime, women victims willing to give a written statement for the criminal prosecution of offenders are provided with protection, shelter, food and even work with another employer by the police in co-operation with the office of the Attorney General; the welfare department takes up cases wherever possible to avoid them ending up in the hands of the police or in court
the Czech Republic: witness protection is possible, but not often applied
Germany: although there is no special programme for providing protection to victims of this kind of crime, witnesses, co-defendants and their relatives or close friends can be protected under the general witness protection programmes also in the cases of traffic in women and forced prostitution, provided it is feared that they may be unduly influenced or threatened by third persons (in 1995, 1.9 % of victims of crimes of traffic in women and forced prostitution benefited from such programmes)
Greece: although there is no special programme for providing protection to victims of this kind of crime, general witness protection programmes also apply to them
Lithuania: in the framework of the government resolution "on the programme on protection of witnesses and victims against criminal influence" adopted on 7 February 1994
Poland: although there is no special programme for providing protection to victims of this kind of crime, the "witness incognito" institution introduced in the Code of Criminal Procedure on 6 July 1995, which makes it possible to conceal the identity of a witness willing to collaborate with the prosecuting bodies, is also available to women who have been forced into prostitution
Slovakia: although the possibility of testifying as a "secret witness" exists, it has in practice never been applied to cases of trafficking in women and forced prostitution
Switzerland: to protect the personal integrity of a victim of a sexual crime, the trial may be held behind closed doors; similar protective measures may be applied during the criminal proceedings
United Kingdom: although there are no "witness protection" programmes in the United Kingdom designed specifically for trafficked women willing to testify in court against their traffickers, they could benefit from existing witness protection arrangements which the police make for any witness considered to be under threat
c. the granting of temporary or permanent residence permits to trafficked women willing to testify:
Germany: in accordance with § 55 of the Law on Foreigners, foreign witnesses in criminal proceedings may be allowed to stay in the country until the trial has ended; in accordance with § 55 of the Law on Foreigners, foreign witnesses in criminal proceedings may also be granted a permanent residence permits if this is necessary to protect them
Greece: although the legislation of the country does not specifically provide for it, a foreign woman might nevertheless be granted a temporary residence permit in the circumstances, if the reasons for her remaining in the country are considered valid and the other requirements of the law are fulfilled
Luxembourg: the Minister of Justice can authorise the witness in question to reside on Luxembourg territory for a certain time period
the Netherlands: victims of trafficking who press charges are entitled to social security benefits, safe shelter, legal, medical and psychological help in connection with their temporary residence permit
Sweden: a Commission has been appointed to look into the question of temporary residence permits for immigrant women in certain situations, e.g. mail order brides being abused by their husbands
United Kingdom: the majority of trafficked women are likely to be illegal entrants and hence liable to removal; removal action is likely to be taken soon after they are discovered; when such a person is required to give evidence in judicial proceedings, it is possible for consideration to be given to allowing the person to remain until the trial, but it is more likely that the person would be repatriated and later granted temporary admission to the United Kingdom for the duration of the court proceedings
d. granting help to trafficked women to reintegrate into the society of their country of origin upon their (voluntary or involuntary) return:
the Netherlands: the Dutch government subsidises the Dutch Foundation against Traffic in Women (STV)
Portugal: the judicial police try to direct women victims of trafficking towards non-governmental organisations like "Ninho" which provide general support and social re-integration measures
Slovakia: the applicable legislation and social assistance accessible to persons in need of such assistance enable the states to provide assistance and help on the state administration bodies level
Switzerland: the victim of a crime committed in Switzerland can demand financial or moral reparation from the canton in which the crime was committed
9. Countries which feel the need
* for increased international co-operation in the area: total 23
Belarus, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, the former Yugoslav Republic of Macedonia, Germany, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Switzerland, United Kingdom
* for the elaboration of a Council of Europe legal instrument on the matter: total 18
Belarus, Bulgaria, Croatia, Cyprus, Denmark, the former Yugoslav Republic of Macedonia, Greece, Hungary, Latvia, Lithuania, Luxembourg, Moldova, Norway, Portugal, Romania, Slovakia, Slovenia, Switzerland
Reporting committee: Committee on Legal Affairs and Human Rights
Committees for opinion: Social, Health and Family Affairs Committee and Committee on Migration, Refugees and Demography
Budgetary implications for the Assembly: none
Reference to committee: Doc 7126 and Reference No. 1965 of 5 September 1994
Draft recommendation adopted unanimously by the committee on 10 March 1997
Members of the committee: Mr Hagård (Chairperson), MM Schwimmer, Bindig, Jansson (Vice-Chairpersons), Mrs Aguiar, MM Akçali, Alexander, Aushev, Bartumeu Cassany, Berti, Besostri, Clerfayt, Columberg, Contestabile, Deasy, Dees, Demetriou, Deniau, Mrs Err, Mr Fogaš, Mrs Frimansdóttir, MM Frunda, Fuhrmann, Fyodorov, Mrs Gelderblom-Lankhout, MM Guenov, Gürel, Mrs Holand, Mr Hunault, Ms Jäätteenmäki, MM Jaskiernia, Jeambrun, Kelam, Kirkhill, Koschyk, Kostytsky, Kovačević, Loutfi, Magnusson, de Marco, Martins, Mészáros, Micheloyiannis, Moeller (alternate: Kaalund), Mosetic, Nastase, Németh, Mrs Noveská, MM Oleksy, Pantelejevs, Patnick (alternate: Sir Dudley Smith), Pollo, Polydoras, Poppe, Prokop, Rhinow, Robles Fraga (alternate: Lopez Henares), Rodeghiero, Solé Tura, Solonari, Stačiokas, Symonenko, Tahiri, Vishnyakov, Weyts, Mrs Wohlwend.
N.B. The names of those members who took part in the vote are printed in italics.
Secretaries to the committee: Mr Plate, Ms Coin, Ms Chatzivassiliou, Ms Kleinsorge and Ms Clamer
1 1 by the Committee on Legal Affairs and Human Rights
2 2 The Committee on Legal Affairs and Human Rights sent out a detailed questionnaire to the national delegations of Council of Europe member states and those whose parliamentary assemblies enjoy special guest status in November 1996. The questionnaire is reproduced in Appendix I. By 15 February 1997, 30 replies had been received. Appendix II contains a short summary of these replies.
3 3 For example, while not everybody might agree that prostitution of adult women should be criminalised, I cannot think of a single European country in which prostitution of children did not constitute a crime.
4 4 Plan of Action against Traffic in Women and Forced Prostitution, by Ms Michèle Hirsch, Strasbourg 1996, EG (96) 2, p. 11.
5 5 Trafficking of women to the European Union: Characteristics, trends and policy issues, conference paper submitted by the International Organization for Migration (IOM), Geneva, Switzerland, to the Conference on Trafficking in Women for Sexual Exploitation, Vienna, June 1996, p. 3.
6 6 Doc. 7037/5/95 Rev. 5 COR 1 20/7/95 EUROPOL 54.
7 7 Communication from the Commission to the Council and the European Parliament on Trafficking in Women for the Purpose of Sexual Exploitation, Brussels, 20.11.1996, COM (96) 567 final, p. 4.
8 8 Most countries which identified themselves as countries of destination in response to the questionnaire sent out by the Committee on Legal Affairs and Human Rights in November 1996 (see Appendix II, point 4) pointed to Central and Eastern European countries as countries of origin of trafficked women: Russia, Ukraine, Belarus, Bulgaria, Romania and Poland were amongst the countries of origin the most frequently named.
9 9 Bulgaria, for example, co-operates with specialised bodies of the countries of destination of trafficked women, and has recorded good results in the practical interaction in this sphere especially with the police structures of Italy, Germany and Greece. However, such efficient bilateral co-operation seems to be more the exception than the rule.
10 10 In the Netherlands, it is the public prosecution service which conducts the investigation. The objectives of the investigation and prosecution policy are, according to Mrs van der Molen, National Prosecutor Immigration: * the rounding up of the organisations behind the traffic in women and forced prostitution
* protection of the victims
* creaming off of financial advantage.
11 11 The Convention followed in the wake of the International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic.
12 12 COM (96) 567 final.
13 13 Official Journal of the European Communities, No. L 322/7, 12.12.1996.