Recommendation 1663 (2004)1
Domestic slavery: servitude, au pairs and “mail-order brides”
1. The Parliamentary Assembly
is dismayed that slavery continues to exist in Europe in the twenty-first
century. Although, officially, slavery was abolished over 150 years ago, thousands
of people are still held as slaves in Europe, treated as objects, humiliated
and abused. Modern slaves, like their counterparts of old, are forced to work
(through mental or physical threat) with no or little financial reward. They
are physically constrained or have other limits placed on their freedom of
movement and are treated in a degrading and inhumane manner.
2. Today’s slaves are
predominantly female and usually work in private households, starting out as
migrant domestic workers, au pairs or “mail-order brides”. Most have
come voluntarily, seeking to improve their situation or escaping poverty and
hardship, but some have been deceived by their employers, agencies or other
intermediaries, have been debt-bonded and even trafficked. Once working (or
married to a “consumer husband”), however, they are vulnerable and
isolated. This creates ample opportunity for abusive employers or husbands
to force them into domestic slavery.
3. Domestic slaves, exploited
au pairs and abused “mail-order brides” find it difficult to extract
themselves from their situation. In a foreign country, far from home, many
of the victims do not even speak the language of the country they live in,
let alone know its laws and customs. Their employer or husband will usually
have a hold over them, threatening them or their relatives with further abuse
and reprisals should they dare to complain or leave. Many of them do not know
where to turn for help and do not dare go to the police for fear of deportation.
In addition, the police in host countries are often less than sympathetic to
domestic slaves who have escaped, especially if they have no papers or if their
papers are not in order.
4. In this sense, the Italian
experience can be considered an example of good practice, thanks to the adoption
in 2003 of an effective anti-trafficking law which incorporated the basic guidelines
set forth in the United Nations Protocol to Prevent, Suppress and Punish Trafficking
in Persons especially Women and Children, supplementing the United Nations
Convention against Transnational Organised Crime,
and made any behaviour which
may be associated with trafficking in human beings a specific criminal offence;
it also added servitude to slavery as grounds for indictment in the criminal
code. Strict sanctions are accompanied by a strengthened mechanism for protecting
and assisting victims through the establishment of an ad hoc fund for action
against anti-trafficking under the presidency of the Council of Ministers.
5. The Council of Europe must
have zero tolerance for slavery. As an international organisation defending
human rights, it is the Council of Europe’s duty to lead the fight against
all forms of slavery and trafficking in human beings. The Organisation and
its member states must promote and protect the human rights of the victim and
ensure that the perpetrators of the crime of domestic slavery are brought to
justice so that slavery can finally be eliminated from Europe.
6. The Assembly thus recommends
that the Committee of Ministers:
i.
in general:
a.
bring the negotiations on the Council of Europe draft convention on action
against trafficking in human beings to a rapid conclusion;
b.
encourage member states to combat domestic slavery in all its forms as a
matter of urgency, ensuring that holding a person in any form of slavery
is a criminal offence in all member states;
c.
ensure that the relevant authorities in the member states thoroughly, promptly
and impartially investigate all allegations of any form of slavery and prosecute
those responsible;
d.
recommend that member states review their immigration and deportation policies,
granting victims of domestic slavery at least temporary residence permits
(if possible, in conjunction with work permits) and allowing them to file
complaints against their abusive husbands or employers if they wish to do
so;
e.
urge member states to provide an efficient support network for victims (including
emergency accommodation, health care, psychological and legal counseling
services) and attribute funds to non-governmental organisations working
in this area;
f.
ensure that victims of slavery are provided with reparation, including compensation,
restitution, rehabilitation, satisfaction and guarantees of non-repetition;
ii.
as concerns domestic
servitude:
a.
elaborate a charter of rights for domestic workers, as already recommended
in Recommendation
1523 (2001) on domestic
slavery. Such a charter, which could take the form of a Committee of Ministers’ recommendation
or even of a convention, should guarantee at least the following rights to
domestic workers:
– the recognition
of domestic work in private households as “real work”, that is,
to which full employment rights and social protection apply, including
the minimum wage (where it exists), sickness and maternity pay as well
as pension rights;
– the right to a legally
enforceable contract of employment setting out minimum wages, maximum hours
and responsibilities;
– the right to health
insurance;
– the right to family
life, including health, education and social rights for the children of
domestic workers;
– the right to leisure
and personal time;
– the right for migrant
domestic workers to an immigration status independent of any employer,
the right to change employer and to travel within the host country and
between all countries of the European Union and the right to the recognition
of qualifications, training and experience obtained in the home country;
b.
recommend the introduction of a system of accreditation for agencies placing
domestic workers, which would commit these agencies to certain minimum standards,
such as charging reasonable fees, tracking the employees they have placed
and providing emergency help in cases of difficulty. Accredited agencies
could have visa applications put forward on their behalf validated automatically;
c.
ensure regular monitoring by appropriate authorities of the agencies accredited
under the system referred to in sub-paragraph b above;
iii.
as concerns au pair placement:
a. issue
guidelines in the form of a Committee of Ministers’ recommendation to
member states, which would ensure that the distinctive status of au pairs
(neither students nor workers) is recognised and safeguarded, their working
conditions and social cover are fixed and that the au pair industry is appropriately
regulated at national and international level;
b. recommend
government regulation of the au pair placement industry, through the creation
of a system of accreditation, by virtue of which agencies that commit themselves
to certain minimum standards – such as charging reasonable fees, ensuring
au pairs enter into a legally binding contract with their employers which
clearly states rights, responsibilities and duties and providing emergency
help in cases of difficulty – would see visa applications put forward
on their behalf validated automatically. Accredited agencies should also
be committed to doing background checks on both the prospective au pair and
the prospective host family to ensure that they do not have criminal convictions,
for example for sexual or child abuse;
c.
ensure regular monitoring by appropriate authorities of the agencies accredited
under the “accreditation” system referred to in sub-paragraph b above;
iv. as concerns “mail-order
brides”:
a.
consider including “mail-order brides” in the scope of the draft
convention on action against trafficking in human beings, in particular when
the “bride” in question has become a victim of violence or other
abuse, such as domestic slavery;
b. recommend
the regulation of agencies active in this field through the introduction
of an accreditation
system, which would commit these agencies to certain minimum standards, such
as charging reasonable fees, ensuring that the
persons responsible for an Internet agency site are clearly identifiable
and that users of the site are obliged to identify themselves, following
up marriages and providing an emergency contact number. Agencies should also
be committed to carrying out background checks on the prospective bridegroom
to ensure he does not have a criminal record (for example for domestic violence
or procurement) when couples consider marriage;
c.
ensure regular monitoring by appropriate authorities of the agencies accredited
under the “accreditation” system referred to in sub-paragraph b above.
1. Assembly
debate on 22 June 2004
(19th Sitting) (see Doc.
10144, report of the Committee
on Equal Opportunities for Women and Men, rapporteur: Mr Gaburro).
Text adopted by the Assembly on 22 June 2004 (19th Sitting).
