21 April 1997       Doc. 7808

ADOC7808

OPINION1

on the traffic in women and forced prostitution

in Council of Europe member states

(Rapporteur: Mrs Inga-Britt JOHANSSON,

Sweden, Socialist Group)

       _____

1.       The Committee on Migration, Refugees and Demography welcomes the report from the Committee on Legal Affairs and Human Rights on the traffic in women and forced prostitution. The phenomenon described in the report, although long-standing, has gained a new dimension over the last few years. An alarming rate of increase, the involvement of organised criminal groups, a geographical shift towards Europe, and the fact that the Council of Europe brings together both countries of origin and of destination, are all elements which fully justify an Assembly debate on the subject.

2.       Trafficking in women has always been, and continues to be, a considerably under-reported crime for a number of reasons, one of the main ones being the fear of victims to report to the police because of their illegal status. However, according to the International Organization for Migration (IOM) there was an estimated traffic of 500 000 women to the European Union member states in 1995. This figure is on the rise. If we compare it to the number of asylum seekers which in the same year of 1995 was lower by 50 % (265 622 applications in European Union member states), we can fully grasp the scope of the problem which in public opinion is considered to be rather marginal.

3.       In consequence, many Council of Europe member states have no coherent policy to deal with the issue. It is significant that the majority of them have no official statistics on the subject. Moreover, since it clearly has an international dimension, and always concerns more than one country at a time, this issue needs close co-operation and coordination between different states. Present co-operation is insufficient. The recommendation of the Committee on Legal Affairs and Human Rights on the issue - if adopted by the Parliamentary Assembly - is likely to contribute to improving the present unsatisfactory situation in this respect.

4.       Traffic in women and forced prostitution is first of all a human rights problem, as the human rights and human dignity of victims are violated. But at the same time it is a legal problem , a social problem, an economic problem, and also - last but not least - a problem of legal and illegal migration. The above mentioned number of 500 000 victims includes both illegal and legal entries to European Union countries. Legal entries usually apply to women who arrive either on a tourist visa (without a visa for a short period if authorised), or with a work permit as a "dancer", "artist" or "au pair". It is well established that these types of contracts are frequently used to force women into prostitution. The common feature is that after a certain period of time all these women fall into the category of illegal immigrants.

5.       Migration questions are of crucial importance in the fight against trafficking in women and forced prostitution. Migration policies of Council of Europe member states are concerned with a number of aspects like control of cross-border movements and stay. Migration policy towards victims might become a useful tool in combatting this crime.

6.       Training of immigration staff, in particular in consulates delivering visas but also at border points, is of great importance. The traffickers often abuse legal immigration procedures to enable their victims to enter the country. The officials should be fully aware of the problem, provided with up to date information on methods, dynamics, and trends in trafficking. They should be vigilant and trained to recognise potential victims, warn them and provide them with complete information on legal migration opportunities. Such training has already been introduced in certain European Union states in the framework of the programme "Sherlock". The Committee on Migration, Refugees and Demography has recently submitted a report on the training of border officials dealing with asylum-seekers. Dealing with a different question it obviously did not refer to the potential victims of trafficking. Yet my committee considers the role of border officials, and other migration officers concerned as very important in the fight against this crime. Women-victims of trafficking, often young and uneducated, have often been unaware of the existence of the problem and methods used by traffickers. If they are warned in time they may be saved.

7.       Also certain regulations should be adapted in such a way as to ensure a possible control by immigration officials during a legal stay in a host country. Such an inspection would constitute a sort of monitoring procedure, with a view to detecting abuse of legal procedures.

8.       There is a danger of possible conflict between restrictive measures to control cross-border traffic, and certain human rights, for example free movement. Harmonisation of legal provisions in line with human rights principles and the fight against trafficking, should be given most careful consideration at pan-European level.

9.       Migration policy towards victims of trafficking may play an important role in the efficiency of the fight against the perpetrators of such crime. In the majority of Council of Europe member states the law provides for immediate expulsion of women whose situation is illegal, regardless of the fact that they may be victims of trafficking. In consequence, potential witnesses for the prosecution disappear and criminals remain unpunished. Only Belgium and the Netherlands have provisions in their national laws guaranteeing a temporary permit to stay for trafficked women if they co-operate with the police and witness against their dealers.

10.       Women who have grounds for fear of return, and whose life might be in danger in the country of origin (eg reprisals), should be allowed to apply for a residence permit on humanitarian grounds in a host country.

11.       Migration movements linked to the traffic in women can be explained also by the absence of prospects in the country of origin, including poverty and the marginalisation of women. Insufficient education and unemployment, which in practice affect women more than men, are important contributory factors. Obviously this is a structural and complex problem which cannot easily be solved, but it should be continuously borne in mind, and certain measures aiming at improving the situation should be systematically implemented in the framework of a gender equality policy.

12.       It is evident that on the whole, the problem exceeds the capacity of a single country to solve it. Uncoordinated measures taken in one country only (for instance, close regulation of "artist contracts" in Belgium and the Netherlands) shift traffickers to a neighbouring country, and incite them to change methods (eg increase of illegal entries). It is an international problem, which needs international action and co-operation. The Council of Europe, which brings together major countries of destination and of origin, seems to be best placed to co-ordinate such action. Therefore my committee fully supports the main Rapporteur's opinion that there is a need for a European legal instrument, elaborated in the framework of the Council of Europe, which would deal with this important issue in a coherent and effective way.

13.       Such a convention would impose necessary harmonisation of national laws which would undoubtedly contribute to the efficiency of the combat against this crime. It would also ensure minimum standards which for the time being are not observed in all member states, and provide a basis for international co-operation in this field.

14.        The convention should establish a multidisciplinary body, which - operating in the framework of the Council of Europe- would be responsible for monitoring the implementation of its provisions, and, more generally, co-ordinate on an on-going basis action at European level to combat trafficking in women. The proposal made by the President of the Parliamentary Assembly in her letter to Speakers of national parliaments as to the creation of a new post of Ombudsperson within the Council of Europe dealing with gender issues in general, and also charged with monitoring the implementation of this convention is undoubtedly worth considering, and I draw the Committee of Ministers' attention to it.

15.       Aware of the complexity of the problems inherent in the elaboration of a convention, and concerned by the long duration of this process when the dramatic situation needs an urgent response, my committee proposes, as a provisional measure, the adoption by the Committee of Ministers of a recommendation dealing specifically with the problem of traffic in human beings for the purposes of sexual exploitation. Such a recommendation could be adopted by the Committee of Ministers fairly quickly. Although it would not be legally binding, it would be considered as a preliminary step towards the convention, and its preparation would provide an opportunity for substantial discussions. It would also constitute a political signal and would have the effect of making the relevant national authorities and public opinion more aware of these issues. On behalf of my committee I have tabled an amendment to the draft recommendation in this sense.

16.        A number of concrete actions should be included in a recommendation by the Committee of Ministers and the ensuing Convention. The Committee of Ministers should urge member states to undertake a coherent interdisciplinary and multi-agency approach. All aspects of this phenomenon should be taken into account including prevention, economic factors, repression, social assistance, illegal financial arrangements, the combination of trade in sex, drugs, weapons etc. A central co-ordination body should be established composed of all sectors concerned. In each country, standardised data collection should be established.

17.       The flow of information at international level should be improved. Better police co-operation should be developed. Establishment of an international network of experts in the field to facilitate the exchange of information and expertise should be considered.

18.       The Parliamentary Assembly definitely should not stand on the sidelines when human rights are violated. Increased efforts on behalf of the member states as well as greater international co-operation to combat illegal migration and organised crime is necessary in order to reduce trafficking in women. I hope that the Assembly will approve the recommendation.

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Reporting committee: Committee on Legal Affairs and Human Rights (Doc. 7785).

Committee seized for opinion: Committee on Migration, Refugees and Demography.

Reference to committee: Reference No. 1965 of 5.9.1994, Doc. 7126.

This opinion was approved by the Committee on Migration, Refugees and Demography on 21 April 1997.

Secretaries to the committee: MM. Newman, Sich and Mrs Nachilo.

1 ¹By the Committee on Migration, Refugees and Demography