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Doc. 10399
17 January 2005
Domestic slavery : servitude, au pairs and "mail-order brides"
Recommendation 1663 (2004)
Reply from the Committee of Ministers
adopted at the 911th meeting of the Ministers’ Deputies (12 January 2005)
1. The Committee of Ministers has closely considered Parliamentary Assembly Recommendation
1663 (2004) on domestic slavery: servitude, au pairs and “mail-order brides”. It thanks the Assembly for this set of proposals aimed at combating the present-day forms of exploitation represented by domestic slavery and trafficking in human beings.
2. The Committee of Ministers shares the Assembly’s indignation over this phenomenon and considers it the duty of the Council of Europe, as an organisation upholding human rights, to take action to curb these abuses. It has accordingly brought Recommendation 1663 (2004) to the attention of its member states and sought opinions from the appropriate Steering Committees, which are appended to this reply.1
Concerning paragraph 6.i:
3. The Council of Europe draft convention on action against trafficking in human beings referred to by the Parliamentary Assembly has just been completed and transmitted to the Assembly for an opinion. The Committee of Ministers wishes to thank the Assembly for its dedication and its active involvement in the work of the Ad hoc Drafting Committee (CAHTEH).
4. The scope of the draft which has been prepared embraces a broad spectrum of the issues addressed by the Assembly considering that, as mentioned in Article 4, exploitation, the purpose of trafficking in human beings, includes forced labour or services, slavery, practices similar to slavery and servitude, and that the definition of trafficking in human beings as set out in the draft convention incorporates the methods – noted by the Assembly – used to subjugate the victims. Furthermore, many of the measures advocated by the Assembly, particularly as regards assistance to victims and award of residence permits, are taken into account in the draft convention (see Appendix 1).
5. Besides the regulatory framework to be established by the draft convention for action against trafficking, the Committee of Ministers would recall that the Council of Europe Convention on the Legal Status of Migrant Workers and the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families provide an international legal framework to protect the rights of all categories of migrants and guard against the abuses to which they may be exposed. It therefore encourages its member states to make greater use of these instruments and especially to take active steps to ratify the relevant Council of Europe convention (see Appendix 2).
6. Concerning the classification of acts of exploitation as criminal offences and their investigation as such, the Committee of Ministers recalls its reply to Assembly Recommendation 1523 (2001) pointing out that as with other forms of human exploitation such as trafficking in human beings, the phenomenon of domestic slavery calls for cooperation between states in the criminal law field and that the efforts to be undertaken should focus in particular on the detection and punishment of these acts, as well as on police training and awareness.
7. The Committee of Ministers wishes to inform the Assembly of current work by the youth sector, in close association with the Integrated Project on “Responses to violence in everyday life in a democratic society”, and the social cohesion field, on questions relating to the prevention of violence, as it affects children and young women in particular. This work has resulted in the drafting of youth policy recommendations directed at the various competent bodies and prompting them to enter into a scheme of education for the prevention of violence.
8. This topic will also be dealt with at the 7th Conference of European Ministers responsible for Youth to be held in 2005, whose participants are to draw up guidelines on promotion of human rights education for young people with special attention to questions of trafficking in children and young women.
Concerning paragraphs 6.ii and iii:
9. As to the proposed drafting of a charter of rights for domestic workers, the Committee of Ministers, while it will bear the Parliamentary Assembly’s recommendations in mind when considering the Organisation’s future programmes of activities, for the time being can only restate the position defined in its reply to Assembly Recommendation 1523 (2001), which is that “in the light of the existing legal body of social and employment rights, [it] does not consider making the drafting of a domestic workers' charter of rights one of the Council of Europe's immediate priorities”.
10. Where the Parliamentary Assembly’s proposals on au pair placement are concerned, the Committee of Ministers refers to the findings of the studies made by the European Committee for Social Cohesion (CDCS) as the committee responsible for the functioning and the implementation of the European Agreement on Au Pair Placement (see Appendix 3). The Committee of Ministers shares the views of the CDCS.
Concerning paragraph 6.iv:
11. In the matter of the role and regulation of matrimonial agencies, the Committee of Ministers draws the Assembly’s attention to the work concerning the impact which use of new information technology has on trafficking in human beings for purposes of sexual exploitation; the upshot of this work could be the framing of legislation regulating the activity of matrimonial agencies in order to avoid the abuses linked with sexual exploitation (see Appendix 4). The Committee of Ministers considers that the question of “mail-order brides” could also be studied with advantage in the context of work to adapt the migration management strategy to the needs of the countries of emigration, which is planned to commence in 2005. The Committee of Ministers will keep the Assembly informed of the outcome of this work.
Appendix 1 to the reply
Domestic slavery: servitude, au pairs and “mail-order brides” –
Parliamentary Assembly Recommendation 1663 (2004)
Comments by the Ad hoc Committee on action against trafficking in human beings (CAHTEH)
1. The CAHTEH thanked the Parliamentary Assembly for its Recommendation 1663 (2004) on domestic slavery: servitude, au pairs and “mail-order brides”, a welcome initiative that recommended various steps to combat forms of domestic slavery.
2. The Assembly rightly believed there should be zero tolerance of slavery and that the Council of Europe – as an international organisation defending human rights – should combat all forms of slavery and trafficking in human beings. CAHTEH agreed with the Assembly that the Council and its member states should promote and protect the human rights of victims and ensure that the perpetrators of such crimes were brought to justice so that slavery could be well and truly eradicated from Europe.
3. It likewise agreed that negotiations on the draft Council of Europe convention on action against trafficking in human beings must be speedily completed. It thanked the Parliamentary Assembly for its important contribution and its active participation in its work.
4. It was pointed out that the preamble to the draft convention as it stood contained references to the following Parliamentary Assembly Recommendations: Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member states; Recommendation 1450 (2000) on violence against women in Europe; Recommendation 1545 (2002) on a campaign against trafficking in women; Recommendation 1610 (2003) on migration connected with trafficking in women and prostitution; Recommendation 1611 (2003) on trafficking in organs in Europe; Recommendation 1663 (2004) on domestic slavery: servitude, au pairs and “mail-order brides”. Under Article 4 of the draft convention (definitions), exploitation – which was the purpose of trafficking in human beings – included forced labour or services, slavery or practices similar to slavery and servitude. Practices the Assembly noted for subjugating victims such as deception by employers, agencies or other intermediaries, and blackmail of or reprisals against victims or their families, were covered by the definition of trafficking in human beings used in the draft convention.
5. The CAHTEH agreed with the Assembly that it was very hard for victims of abuse to find a way out of their situation since most victims in a foreign country far from home were unfamiliar with the language of the country, let alone its laws and customs. Consequently it was indispensable for the draft convention to contain measures to assist victims, including provision of linguistic services, counselling and information and assistance to enable victims’ rights and interests to be presented and considered in criminal proceedings against offenders. As well as specifying what information should be given to victims, the draft convention provided for support measures to victims such as appropriate and secure housing, access to medical treatment and psychological and material assistance.
6. The CAHTEH observed that these measures might well remain inoperative if victims were afraid to go to the authorities and the police for fear of punishment or repatriation. The draft convention accordingly included a provision allowing victims of trafficking to be issued with a renewable residence permit and should also contain a provision to prevent victims from being penalised for unlawful activities they had been forced into as a consequence of having been trafficked.
7. Lastly, it was noted that the Group of Specialists on the Impact of the Use of New Information Technologies on Trafficking in Human Beings for the Purposes of Sexual Exploitation (EG-S-NT), a sub-committee of the Steering Committee for Equality between Women and Men (CDEG), was concerned among other things with the role of marriage agencies in trafficking in women and trafficking in images for the purpose of sexual exploitation.
Appendix 2 to the reply
Domestic slavery: servitude, au pairs and “mail-order brides” –
Parliamentary Assembly Recommendation 1663 (2004)
Comments by the European Committee on Migration (CDMG)
1. CDMG takes note of the Recommendation 1663 (2004) of the Parliamentary Assembly and shares the dismay felt by the Parliamentary Assembly that various forms of slavery continue to exist in Europe in the 21st century. CDMG is concerned about the vulnerable situation of migrant workers, many of whom are irregular migrants, and the serious risks of abuse and exploitation to which they are exposed.
2. CDMG considers that the Council of Europe Convention on the Legal Status of Migrant Workers and the United Nations Convention on the Protection of Migrant Workers and their Families provide a strong international legal framework that can prevent many of the abuses that occur. Unfortunately, only very few member states of the Council of Europe have ratified these instruments. CDMG is pursuing activities aimed at promoting the signature and ratification of the Council of Europe Convention. However, it observes that there is still a strong reticence on the part of member states to ratify the Convention. CDMG recommends that the Committee of Ministers further encourage its members to take active steps towards the ratification of the Convention.
3. CDMG approves the proposal of the Parliamentary Assembly that member states should review their immigration and deportation policies with respect to the victims of domestic slavery. It considers that they should be treated sympathetically and granted temporary residence and, where domestic legislation allows, a work permit in order to pursue legal proceedings at first instance. Likewise CDMG supports the proposal that member states should be urged to provide support networks for migrant domestic workers who are victims of abuse and exploitation.
4. CDMG shares the concern about the risks of abuse faced by au pairs and draws attention to the European Agreement on Au Pair Placement which provides sufficient mechanisms for the protection of people admitted as ‘au pairs’. CDMG, however, is not responsible for this Convention.
5. CDMG considers that the issue of “mail-order brides” should be within the scope of the draft convention on action against trafficking in human beings. It proposes to include the issue within the terms of reference of a new committee of experts that will be responsible for adapting the Migration Management Strategy to the needs of countries of emigration.
Appendix 3 to the reply
Domestic slavery: servitude, au pairs and “mail-order brides” –
Parliamentary Assembly Recommendation 1663 (2004)
Comments by the European Committee for Social Cohesion (CDCS)
1. The European Committee for Social Cohesion (CDCS) has carefully examined Recommendation 1663 (2004) of the Parliamentary Assembly on domestic slavery: servitude, au pairs and “mail-order brides”. It shares the Parliamentary Assembly’s concern and indignation about the problem of domestic slavery and considers that it is the Council of Europe’s duty as a human rights organisation to act to bring the unacceptable practices concerned to an end. In this connection, it places great hope in the key role that will be played in combating these abuses by the future convention on action against trafficking in human beings.
2. The CDCS’s comments will relate solely to section iii of the Recommendation “as concerns au pair placement”. This matter is a CDCS responsibility, as the Committee’s terms of reference instruct it to examine the functioning and implementation of the European Agreement on Au Pair Placement. Bearing this in mind, the CDCS wishes to inform the Committee of Ministers of the result of the various discussions it has held on this subject over the last two years.
3. At the outset, the CDCS would like to stress that the employment of an au pair is intended primarily to promote cultural exchange between young people and very rarely leads to situations of domestic slavery, despite the occasional cases of abuse that have been reported.
4. The European Agreement on Au Pair Placement dates from 1969. It contains provisions – now obsolete – on the relations between the host family and the au pair. In view of the small number of ratifications (five member states), the CDCS began by considering whether it would be worth revising and updating the Agreement. The replies to the questionnaires it sent to all the members showed that this question excited little political interest and that very few states would ratify the Agreement even if it were altered.
5. The CDCS then held a meeting between field workers (members of the International Au Pair Association (IAPA)) and government representatives working on quality standards intended to regulate and monitor au pair placements. After a broad discussion, most CDCS members still felt that, although such guidelines were useful, this was not a priority question for the CDCS, and there was no urgent need to revise the European Agreement on Au Pair Placement.
6. The CDCS will, however, bear in mind the recommendations of the Parliamentary Assembly of the Council of Europe, and will be ready, if required, to resume discussion of a revision of the Agreement if the states so request.
Appendix 4 to the reply
Domestic slavery: servitude, au pairs and “mail-order brides” –
Parliamentary Assembly Recommendation 1663 (2004)
Comments by the Steering Committee for Equality between Women and Men (CDEG)
1. The CDEG thanked the Parliamentary Assembly for its Recommendation 1663 (2004) on domestic slavery: servitude, au pairs and “mail-order brides” and welcomed this initiative of the Parliamentary Assembly recommending to adopt the necessary measures to combat domestic slavery in all its forms.
2. The CDEG shared the opinion of the Assembly that the Council of Europe must have zero tolerance for slavery, and that the Council of Europe as an international organisation defending human rights must fight against all forms of slavery and trafficking in human beings. The CDEG considered, as the Assembly, that the Organisation and its member states must promote and protect the human rights of the victim and ensure that the perpetrators of such crimes are brought to justice so that slavery can finally be eliminated from Europe.
3. The CDEG welcomed the support given by the Assembly to the Council of Europe draft convention on action against trafficking in human beings and shared the opinion of the Assembly that negotiations on the draft convention should be brought to a rapid conclusion.
4. The CDEG underlined that the preamble of the draft convention already refers to the relevant Recommendations of the Parliamentary Assembly including Recommendation 1663 (2004). Furthermore, the CDEG noted that Article 4 of the draft convention, concerning definitions, states that exploitation – which is the aim of trafficking in human beings – includes, among other things, forced labour or services, slavery or practices similar to slavery and servitude.
5. Concerning paragraph 6.iii of the Recommendation on au pair placement, the CDEG recalled the 1969 European Agreement on Au Pair Placement. The purpose of this Agreement is to avoid certain drawbacks of “au pair” placement, and to this end it contains precise provisions on the relationship between the host family and the young person placed “au pair” (who is considered to be neither a worker nor a student).
6. As regards paragraph 6.iv on “mail-order brides”, the CDEG recalled that the work undertaken by the Group of Specialists on the impact of the use of new information technologies on trafficking in human beings for the purpose of sexual exploitation had also examined the role of matrimonial agencies. It proposed to consider legislation aimed at regulating matrimonial agencies to avoid the abuse of such agencies in connection with sexual exploitation. One possible direction might be to require strict formal conditions for the conclusion of such a contract. In particular, the conclusion of such a contract over the Internet should not be permitted. A requirement to notify the authorities in the country where the couple will live of the country of origin of the potential foreign spouse or partner might be a useful instrument.
1 See in Appendices 1 to 4 the opinions of the following Committees:
1 – Ad hoc Committee on action against trafficking in human beings (CAHTEH)
2 – European Committee on Migration (CDMG)
3 – European Committee for Social Cohesion (CDCS)
4 – Steering Committee for Equality between Women and Men (CDEG)