Doc. 9848

24 June 2003

Migration connected with trafficking in women and prostitution

Opinion1

Social, Health and Family Affairs Committee

Rapporteur : Mr Piscitello, Italy, Liberal, Democratic and Reformers’ Group

I.       Conclusions of the Committee

1.       This report is not the first of its kind on this difficult subject, although that is of course not a criticism. The text provides us with a fresh opportunity to discuss this complex issue in public and to bring it to the attention of our predominantly male Parliamentary Assembly, whose preoccupations are often far removed from the social sphere and fate of the victims of trafficking and prostitution.

2.       The Assembly has already, it is true, adopted many texts on the matter. Most of the recommendations set out in the draft submitted to us have already appeared in previous texts, including a report by the Social, Health and Family Affairs Committee which centred on the East European route and the fate of minors involved in prostitution (Recommendation 1526 (2001) and Doc. 9112, Rapporteur: Ms Pozza Tasca).

3.       The Social, Health and Family Affairs Committee therefore backs the said recommendations. It particularly supports the proposal for every state to appoint a national Rapporteur on trafficking with a view to improving our knowledge of the phenomenon and monitoring developments in this field on a day-to-day basis. In its aforementioned report on the central and east European route, the Social, Health and Family Affairs Committee advocated a different, more pragmatic institution closer to the citizen and the victim, viz a national advocate for the victims of trafficking. It would therefore like the national Rapporteur mentioned by the Equality Committee in its report also, and perhaps above all, to be an interlocutor and advocate for victims of trafficking and their families. The committee’s case study on Moldova highlighted the distress of the parents of young girls who had vanished into prostitution in the West, not knowing to whom to turn for help in tracing their children. The Committee therefore proposes an amendment to that effect.

4.       Trafficking-related migration is increasing and diversifying. Eastern Europe is not the only region involved, and in fact African prostitution, for instance, is expanding. Twenty or so Nigerians and Ghanaians were arrested recently in Italy on suspicion of exploiting illegal migrants for the purposes of prostitution in the larger Italian cities. They now face prison sentences of up to 15 years. Migration policies and action to combat trafficking should therefore be brought into line with this new situation. This will obviously involve consultation and co-ordination at European level and with the third countries in question.

5.       All states must draw the requisite conclusions from the international community’s determination to condemn trafficking in human beings for sexual purposes. As the report rightly stresses, we must obviously cater for the victims of trafficking, even though for the moment the main priority must be to combat the traffickers. Persons subjected to trafficking must be given a higher profile, which means assigning them the legal status of victim in order to entitle them to the support measures necessitated by such status, as well as legal or social measures, eg granting a residence permit, facilities for psychological and occupational reintegration, and the opportunity of integrating into the host country or returning to their home countries.

6.       The states must also show a genuine political will to combat and penalise traffickers/procurers, ensuring that they have the requisite resources for the job (special police units, training for various types of staff, European co-ordination, determination to dismantle networks and arrest and try traffickers, reinforced penalties, etc).

7.       However, the trafficker is not the only party involved. We must address the problem of demand and attempt to reduce it if we wish to achieve any real success. This means discussing the clientele, consisting mainly of men. Clients remain a largely unknown factor, unlike procurers and prostitutes, who have been the subject of a huge range of studies, reports, etc. Efforts are needed to ascertain and understand the “consumer”. This is a sociological research subject worth developing. The Committee accordingly proposes an amendment to that effect.

8.       Many European countries are attempting to tackle demand by penalising the clients of under-age prostitutes. However, such repression is more controversial where adult prostitutes are concerned. On 1 July 2002 a law came into effect in Sweden prohibiting the purchase of sexual services and rendering clients liable to a maximum six months’ imprisonment. This country is a fairly isolated case in Europe, although there is also the equally unique example of the Netherlands, which has legalised “voluntary” prostitution, setting out extremely detailed regulations on the practice. As a matter of interest, we might note, for example, that this country regulates the length of prostitutes’ fingernails for reasons of hygiene. No evidence is as yet forthcoming as to whether such legalisation of voluntary prostitution has had the effect of reducing illicit prostitution.

9.       Another interesting example is the USA: in some States clients who have been caught in flagrante delicto can avoid a prison sentence by opting for a training course on respect for others and their bodies and rights. We might consider whether this might not be an appropriate avenue of investigation, as it might provide us with fuller information on the motivations and profiles of prostitutes’ clients.

II.       Proposed amendments to draft Resolution reproduced in Doc. 9795

10.       The Social, Health and Family Affairs Committee would like to propose the following amendments:

Amendment No. 1

In paragraph 9 A, General measures, add the following to the first indent after the words “human beings”:

-       appoint, in each member country, a national Rapporteur on trafficking in human beings, to act also as an interlocutor and advocate for victims of trafficking and their families.

Amendment No. 2

Add an indent at the end of paragraph 9 A, General measures, with the following wording:

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Reporting committee: Committee on Migration, Refugees and Demography (Doc. 9795)

Committee for opinion: Social, Health and Family Affairs Committee

Reference to committee: Doc. 9805, Reference No. 2842 of 27.05.03

Opinion approved by the committee on 24 June 2003

Committee Secretariat : Mr Newman, Mrs Meunier, Mrs Karanjac and Mr Chahbazian

1 See Doc. 9795 tabled by the Committee on Equal Opportunites for Women and Men.