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Doc. 8246
28 October 1998
Traffic in women and forced prostitution in Council of Europe member states
Recommendation 1325 (1997)
Reply from the Committee of Ministers
adopted at the 645th meeting of the Ministers’ Deputies (15 and 18 October 1998)
The Committee of Ministers has noted with interest Parliamentary Assembly Recommendation 1325 (1997). It shares the concern of the Parliamentary Assembly regarding the dramatic increase in recent years in traffic in human beings for sexual exploitation.
The importance that the Committee attaches to this question was underscored in the Final Declaration of the Second Summit, where the Heads of State and Government reaffirmed their "determination to combat violence against women and all forms of sexual exploitation".
In order to address the issues raised in Recommendation 1325, the Committee of Ministers has created a Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation (EG-S-TS). Under its terms of reference, adopted in June 1997, the task of the Group is "to plan and prepare actions that the Council of Europe could undertake in the field of combating traffic in human beings for the purpose of sexual exploitation, and in particular traffic in women and children, notably girls."
The Group is in the process of preparing a draft Recommendation containing principles and suggested action at national level in the fight against trafficking in human beings for sexual exploitation.
Against the background of the Second Summit, a Follow-up Conference to the World Congress against Sexual Exploitation of Children (Stockholm, August 1996) was organised in Strasbourg on 28 and 29 April 1998. In the light of this Follow-up Conference, the European Committee on Crime Problems (CDPC), at its 47th plenary session, in June 1998, set up a reflection group to examine the follow-up to the Conference and to address proposals to the Committee of Ministers.
Given that the issues raised in the Recommendation concern many sectors of activity, the Deputies requested opinions from the competent steering committees. These opinions - the substance of which are shared by the Committee of Ministers - are attached as appendices to this reply.
With regard to paragraphs 4 and 5 of Recommendation 1325
Before the Multisectoral Group was set up, the Steering Committee for Equality between Women and Men made a detailed study of the arguments for and against the elaboration of a European Convention in this area, consulting a number of other steering committees in the process. The solution of drawing up a draft Convention was not retained: it was considered that it would be impractical in the short-term, given the widely differing approaches to prostitution in the member States. The Committee of Ministers agrees with the Assembly that it would be more useful, as a first step, to draft a Recommendation. The question of elaborating a draft convention could be reconsidered once the draft Recommendation has been completed.
The Multisectoral Group (EG-S-TS) has had its terms of reference extended until 30 June 1999 to allow the Group to complete both a draft Recommendation and an explanatory memorandum.
Appendices
1. Opinion of the Steering Committee of Equality between Women and Men (CDEG);
2. Opinion of the European Committee on Migration (CDMG);
3. Opinion of the European Committee on Crime Problems (CDPC);
4. Opinion of the European Committee on Legal Co-operation (CDCJ);
5. Opinion of the Steering Committee on the Mass Media (CDMM);
6. Opinion of the Steering Committee on Social Policy (CDPS).
Opinion of the Steering Committee for Equality between Women and Men (CDEG)
on Parliamentary Assembly Recommendation 1325 (1997)
1. The CDEG welcomes the interest shown by the Parliamentary Assembly in the issue of traffic in women and forced prostitution. The CDEG believes that the Assembly takes a clear and timely position on this issue in the present context.
2. The CDEG takes a particular interest in, and has worked continuously on, this issue over the last six years. In 1991 a Seminar was organised in Strasbourg on action against traffic in women and forced prostitution as violations of human rights and human dignity. Following the conclusions of this Seminar, a Group of specialists was created which, over two years, drew up a final report of activities, containing an action-oriented list of priorities for the CDEG. In 1994, the CDEG asked an external consultant to draw up a plan of action, which was made available to the public in 1996 and contained a detailed analysis of the situation and a series of suggestions for action to be taken.
3. In view of the considerable increase in traffic in women and forced prostitution, the CDEG has decided to follow up the activities already undertaken. After consultations with the different Council of Europe committees with competence in the legal, social, economic, human rights and media fields, a Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation was created under the authority of the CDEG. This Group was given the task, among others, of preparing a draft Recommendation or other proposal including basic principles and suggestions for action at the national level on the fight against traffic in human beings for the purpose of sexual exploitation. This Group will meet for the first time in December 1997.
4. The CDEG and its Secretariat have established active co-operation with other organisations dedicated to action against traffic in human beings (European Commission, International Organisation for Migration, Europol, the Budapest Group).
5. Taking into account its previous and on-going work, the CDEG wishes to make the following comments.
General comments
6. The CDEG notes with interest that as far as the personal scope of application is concerned, the Recommendation addresses traffic in women, excluding traffic in children and men. The explanatory report of the Recommendation gives the following reasons for this choice: the number of men who fall victim to traffic in human beings is minimal and the traffic in children calls for different measures from those which apply to traffic in women (there is a far wider consensus on what needs to be done where children are concerned and rapid progress has therefore been made in this area). The CDEG shares this point of view but wishes to point out, as it has done several times in the past, that while traffic in human beings for the purpose of sexual exploitation certainly affects mainly women, young girls are also concerned. The situation of young under age girls should not be neglected. The Multisectoral Group, created under the authority of the CDEG, will pay close attention to this aspect, for its terms of reference are to investigate "trafficking in human beings for the purposes of sexual exploitation with special emphasis on traffic in women and children, especially young girls". The work of this Group will follow up the Assembly's Recommendations, and the CDEG hopes that the Assembly will give the Group its full support.
7. The CDEG wishes to point out that the terminology "forced prostitution" is not compatible with present legislation in certain member States. The CDEG suggests the use of the concept "traffic for the purposes of sexual exploitation", a term accepted by all Council of Europe member States.
Paragraphs 1 and 2
8. The CDEG shares the Assembly's concern about the increase in a phenomenon which constitutes a modern form of slavery. As to the definition in paragraph 2, the CDEG wishes to make the following comments. The definition of the phenomenon of trafficking in human beings is one of the major difficulties this subject raises and the CDEG welcomes the intentions of the Assembly in this area where the Assembly aims to promote a wide definition in order to encompass all cases of use of force and exploitation. The CDEG notes with satisfaction that an effort has been made to take into consideration all cases, including those concerning consenting persons. However, it appears that the list at the end of paragraph 2, detailing the different forms of use of force, might allow a limited interpretation. Furthermore, such detailed mention of the use of force might lessen the consideration of cases of consenting persons. The CDEG wishes to emphasise that such a precise reference to the use of force therefore risks creating limits when interpreting the definition established by the Parliamentary Assembly.
Paragraphs 4 and 5
9. The CDEG supports this Recommendation but wishes to point out that, prior to the setting-up of the aforementioned Multisectoral Group, it made a detailed study of the arguments for and against the elaboration of a European convention on this subject. The CDEG also consulted various other Council of Europe Committees on the matter (CDMM, CDPS, CDDH, CDEM, CDCJ, T-SG). In the course of this analysis, different obstacles were brought to light and an intermediary solution was chosen, namely the preparation of a draft recommendation of the Committee of Ministers to the member States in accordance with the present Assembly's recommendations in paragraph 5.
10. Concerning the Assembly's request to draw up a convention on traffic in women and, in view of the reservations mentioned above concerning the definition and personal scope of application, the CDEG could possibly examine again this possibility once the work of the Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation has been completed.
Paragraph 6
11. The CDEG supports the measures which member States would be invited to adopt by the Committee of Ministers. The CDEG considers the recommended measures to be clear and detailed and notes with interest that these are often specific measures, which are indispensable in order to combat a phenomenon which often escapes existing legislation even if, in theory, such legislation were applicable.
12. The CDEG particularly supports the measures set out in sub-paragraphs i, x, xi and xii, which it considers essential in areas of prevention of trafficking and protection of the victims. As to sub-paragraph i, in particular, the CDEG wishes to emphasise the very important role which the media could play in matters of prevention in countries of origin, of transit and of destination. By systematically associating itself with the CDMM in its work, the CDEG has tried to take this factor into consideration.
13. As far as sub-paragraph x is concerned and in general, the contribution of national and international NGOs in action against traffic in human beings also seems indispensable at all levels, whether in prevention, collection of information and data, awareness-raising of authorities and public opinion or assistance to the victims. The role of NGOs might be different depending on whether it is a question of a country of origin or a country of destination. With this in mind, the CDEG has decided to devote a seminar in 1998 to NGOs combating traffic in human beings for the purpose of sexual exploitation. This would be the first seminar in the framework of a series of activities aimed at NGOs, and the CDEG thus wishes to emphasise the importance it attaches to the subject.
Opinion of the European Committee on Migration (CDMG)
on Parliamentary Assembly Recommendation 1325 (1997)
In response to the occasional terms of reference given to it by the Committee of Ministers in Decision No. CM/688/140597, the European Committee on Migration (CDMG) adopted the following Opinion on paragraphs 6(ii) and (iii) of the above-mentioned Recommendation:
"1. The CDMG welcomes the Assembly's recommendation addressed to the Committee of Ministers in paragraph 6 (ii) to urge member states to introduce training schemes for immigration staff enabling them to be fully aware of the problem of trafficking in women and to recognise potential victims. The CDMG underlines, however, that in its view the identification of a person as a potential victim of traffickers should not systematically lead to a refusal to deliver a visa or to allow this person access to the territory of the state concerned. The legal effects and other consequences of such an identification should be examined on a case-to-case basis, while taking into consideration the protection needs of the potential victims.
2. The CDMG takes note of the recommendation contained in paragraph 6(iii) to create specific police structures to combat traffic in women and forced prostitution and to improve international co-operation in this field. Given that the Budapest Group enjoys observer status in the CDMG, it is also emphasised that such international co-operation has recently been recommended through very concrete proposals by the Conference of Ministers on the prevention of illegal migration held in the context of the Budapest process in Prague on 14 and 15 October 1997. The CDMG therefore suggests to transmit Recommendation 1325 (1997) of the Parliamentary Assembly to the Budapest Group for information."
Opinion of the European Committee on Crime Problems (CDPC)
on Parliamentary Assembly Recommendation 1325 (1997)
(adopted by the Bureau of the CDPC on 27 November 1997)
1. By Decision No. CM/667/140597 the Committee of Ministers invited the CDPC to give an opinion on paragraphs 6(ii) to (iv) and (vi) to (viii) of Parliamentary Assembly Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member States.
2. The CDPC welcomes the Recommendation and shares the Assembly's concern at the dramatic increase in recent years in traffic in women and forced prostitution in Council of Europe member States and thus fully recognises the need for urgent and concerted action.
3. As regards paragraph 6 (ii) of the Recommendation, the CDPC fully supports the Assembly's proposal aimed at introducing specialised training of immigration staff, in particular in consulates delivering visas and at border points. Such training would considerably increase the efficacy of that staff in preventing this criminality. In this context, the CDPC underlines the need for such measures to be taken as an integral part of broader and comprehensive national strategies aimed at providing adequate training also for other agencies, mainly the police.
4. As regards paragraph 6 (iii) of the Recommendation, the CDPC endorses the call on member States to increase specialised knowledge of the police services concerned, which will not in all cases require the creation of specific structures, and to improve international communication, co-ordination and co-operation, as the complexity, size and sophisticated nature of this criminality require them.
5. As regards paragraph 6 (iv) of the Recommendation, the CDPC would like to emphasise that both the seizure and the confiscation of profits from crime are already provided for by international legal instruments among which is the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. With a view to contributing to uniform and effective law enforcement action also against traffic in women and forced prostitution, its is desirable that all States Party to the Convention extend its scope of application to this type of criminality. As concerns the closure of establishments in which victims of traffic are sexually exploited, the CDPC wishes to point out that such closure could be considered as a purely administrative measure as well as a penal sanction imposed by the judicial authorities.
6. As regards paragraphs 6 (vi) and (vii) of the Recommendation, the CDPC would like to point out that questions of assistance to victims and their protection in court proceedings have already been addressed in Recommendation No. R (85) 11 on the position of the victim in the framework of criminal law and procedure and in Recommendation No. R (97) 13 concerning intimidation of witnesses and the rights of the defence. As to the Assembly's call for criminal law and criminal procedure provisions, the CDPC considers that these are aspects of the general problem of traffic in women that could usefully be studied by the Multisectoral Group on Action against Trafficking in Human Beings for the Purpose of Sexual Exploitation (EG-S-TS) in the context of its endeavour to develop an overall European strategy for combating this type of criminality. It will advise its representative on the Group accordingly.
7. Concerning paragraph 6 (viii) of the Recommendation, the CDPC recalls the European Convention on Extradition (1957) Article 6.2 of which provides that, where the requested Party does not extradite its national, it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. In this context, the CDPC also recalls the Report on "Extraterritorial Criminal Jurisdiction", prepared by a select committee of the CDPC in 1990, which addresses the extraterritorial application of national criminal law for offences of an international dimension and suggests solutions to possible conflicts of jurisdiction which may arise from it.
8. Although not specifically asked to express its opinion on paragraph 6 (v) of the Recommendation, the CDPC wishes to support the underlying aim of the proposal; it is indeed in the interests of justice that everything should be done to ensure that victims can give evidence in court proceedings.
9. As the fight against traffic in women and forced prostitution requires urgent and concerted action - as the Assembly rightly emphasises in paragraph 3 of its Recommendation - the CDPC welcomes the multidisciplinary approach adopted by the Multisectoral Group on Action against Trafficking in Human Beings for the Purpose of Sexual Exploitation (EG-S-TS) on which it is represented by an expert, and to whose work it will actively contribute, with a view to eradicating this serious violation of fundamental human rights. In this context, the CDPC would wish to be involved in any follow-up to the proposal, made in paragraph 4 of the Recommendation, aimed at the elaboration of a convention.
Opinion of the European Committee on Legal Co-operation (CDCJ)
on paragraphs 6.ii and 6.v of
Parliamentary Assembly Recommendation 1325 (1997)
1. Following the request of the Committee of Ministers, the European Committee on legal co-operation (CDCJ) has prepared the following Opinion on paragraphs 6.ii and 6.v of the above Recommendation. The CDCJ also took account of the report prepared by Ms R. WOHLWEND (Doc. 7785) and the Opinion prepared by Ms I.B. JOHANSSON (Doc. 7808).
A. General matters
2. The CDCJ stressed the scale and topical relevance of the phenomenon of traffic in women and forced prostitution in Council of Europe member States. In this connection it referred to the existence of several legal instruments dealing directly or indirectly with this subject. Any work undertaken in this field should therefore take this fact into account and the need to deal with the global scope of traffic in women and forced prostitution. In this connection, the United Nations work for the establishment of an International Criminal Court, where enforced prostitution was being considered as a crime to be included in the Court's jurisdiction, is also relevant.
3. The CDCJ noted that, although traffic in human beings affects women more seriously than men, men are also not spared. In addition in view of the serious nature of sexual exploitation of children, children should receive specific consideration.
4. The CDCJ noted that the Committee of Ministers had set up the Multisectoral Group on action against trafficking in human beings for the purpose of sexual exploitation (EG-S-TS). This Multisectoral Group of specialists is composed of experts from various committees of the Council of Europe (including the CDCJ), under the authority of the Steering Committee for equality between women and men (CDEG).
5. As the questions considered by the CDCJ fall under the terms of reference of the EG-S-TS, it should be considered by this Group, in particular as this problem concerns immigration matters, the European Committee on migration (CDMG) and the European Committee on crime problems (CDPC) are called upon to designate an expert to participate in the EG-S-TS.
B. Paragraph 6.ii of the Assembly Recommendation
6. In paragraph 6.ii the Assembly recommends the Committee of Ministers to urge member States to: "... ii. introduce training of immigration staff, in particular in consulates delivering visas and at border points, in order to ensure that such staff are fully aware of the problem, are provided with up to date information on trafficking methods and trends, and are trained to recognise potential victims". The CDCJ recognised the importance of involving fully immigration staff in this problem. It therefore supports this proposal.
C. Paragraph 6.v of the Assembly Recommendation
7. In paragraph 6.v the Assembly recommends the Committee of Ministers to urge member States to: "... v. 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".
8. The CDCJ recognised that such measures would be very efficient to fight traffic and forced prostitution. However, as indicated by Mrs Johansson in her Opinion (Doc. 7808, paragraph 2), the estimated traffic of women to the European Union member states in 1995 is 500,000. While agreeing that the permits envisaged by paragraph 6.v of this Recommendation may be necessary for a short time, the CDCJ realised that owing to the large number of persons involved there would be many difficulties for States to find satisfactory solutions in all cases. Indeed some States may have to consider such measures on a case by case basis, on their merits. However steps taken under this Recommendation, in particular if the recommendation under paragraph 6.ii concerning immigration results in a reduction of cases, would assist States in carrying out the proposal contained in paragraph 6.v.
9. The CDCJ also noted that in several international fora the granting of a temporary residence permit to victims of traffic and forced prostitution who are willing to testify in court has been recommended. Reference is made to the European guidelines for effective measures to prevent and combat trafficking in women for the purpose of sexual exploitation adopted at the Ministerial Conference under the Presidency of the European Union in The Hague from 24 to 26 April 1997 and the recommendations adopted at the Conference of Ministers on the Prevention of Illegal Migration (Budapest Process) held in Prague on 14 and 15 October 1997.
Opinion of the Steering Committee on the Mass Media (CDMM)
on paragraph 6 i)
of Parliamentary Assembly Recommendation 1325 (1997)
General remarks
1. The Steering Committee on the Mass Media (CDMM) shares the concerns of the Parliamentary Assembly on the phenomenon of traffic in women and forced prostitution. It strongly condemns these practices, which run contrary to the fundamental principle of human rights and human dignity. It fully supports the move by the Parliamentary Assembly to undertake urgent joint action against these phenomena at the Council of Europe level.
2. The CDMM notes that these phenomena raise, inter alia, the question of the portrayal of women in the media, given that the stereotype and degrading image of women sometimes represented in some media may influence the behaviour/attitude of those involved, as providers or "consumers", in the trafficking of women and prostitution. The CDMM recalls that it has always been attentive to the question of presenting a fair image of women in the media, respecting the cardinal principle of editorial independence of the latter. In particular, as early as 1993, the CDMM submitted a written contribution to the 3rd European Ministerial Conference on equality between women and men (Rome, 1993). In this contribution, entitled "the causes of violence against women: the role of the media", the CDMM underlined its interest in carrying out activities aimed at heightening the media's awareness of their own specific responsibilities and to encourage the media to practise self-regulation in order to "promote the communication of a more positive image of women in society and to avoid depicting them in circumstances suggestive of vulnerability and violence".
3. Following this contribution, the CDMM organised in 1994, in co-operation with the Steering Committee for Equality between Women and Men (CDEG), a seminar on "Human rights and gender: the responsibility of the media", which led to the formulation of several proposals for concrete action. One of these proposals was that the Council of Europe organise an activity specifically aimed at media professionals to examine in a practical manner the image and portrayal of the sexes in the media. As a result, the CDMM and the CDMM will organise in Strasbourg on 28-29 September 1998 a workshop on ""good" and "bad" practices regarding the image of women in the media" which will be attended by professionals from the written press, the audiovisual and the new communications services.
4. Besides the question of the image of women in the media, trafficking in women and forced prostitution also raise the problem of the use of means of public communication in promoting these activities. If the use of the traditional media in the written press and broadcasting sectors do not seem to be in question in this respect, on the other hand the use by networks of prostitution and trafficking in women of the new communication services accessible on line, notably on the Internet, calls for particular attention.
5. Faced with this problem, but also with the use of the new communications services in undermining the fundamental rights and dignity of other individuals, such as children, the States participating in the 5th European Ministerial Conference on Mass Media Policy, held in Thessaloniki (Greece) on 11-12 December 1997, agreed, within the framework of Resolution No. 1 adopted at the Conference, to take any measures which are considered necessary to "combat the use of the new communications and information services for spreading any ideology, or carrying out any activity, which is contrary to human rights, human dignity and the fundamental rights of others" and "to co-operate in the fight against such use". Any initiatives which might be taken as a follow-up to Recommendation 1325 (1997) of the Parliamentary Assembly could be based on this Resolution.
Observations concerning paragraph 6 (i) of the Recommendation
6. At the general level, the CDMM notes that the range of measures which might be taken in application of this paragraph go beyond the strict scope of its competence, in that the measures to increase public awareness might be (and might gain from being) led via larger channels than the media, for example via educational and social institutions, in particular those which are addressed at women, and especially young women. In the same respect, the question of information provided "by the staff of consulates and embassies dealing with requests for visas and work permits" goes beyond the area of competence of the CDMM and, therefore, will not be commented on.
7. Concerning the particular field of the media, the CDMM notes that the latter might play an effective role in the relay of information and in raising public awareness, not only to "traffickers' potential victims", but also to the public in general. To be efficient, the fight against trafficking in women and forced prostitution means that all individuals should be made aware of the seriousness of these phenomena and also of the different forms that they may take and the actions or sanctions which might be taken against those who are at the origin of or who "benefit" from these activities.
8. The CDMM recalls that the contribution of the media to such an information and awareness raising policy can only take place if they are voluntarily willing to do so, and that they have themselves to be aware of the importance of such a contribution. Such action might notably be taken by the joint organisation of activities - by public authorities and professional media organisations, at the national or European level - aimed at media professionals, and which might also be open to other bodies, such as women's defence organisations.
9. This being so, it should be kept in mind that the editorial treatment in the media of society and public questions, which include trafficking in women and forced prostitution, vary according to their nature and content. Any strategy aimed at increasing awareness amongst the media should be sufficiently flexible and targeted to take into account the specificity of the different media. In this context, particular attention should be given to the media which are essentially, if not exclusively, aimed at men.
Opinion of the Steering Committee on Social Policy (CDPS)
on Parliamentary Assembly Recommendation 1325 (1997)
(adopted by the Bureau of the CDPS on 15 September 1998)
1. Following the request of the Committee of Ministers to submit an opinion on Recommendation 1325 (1997) of the Parliamentary Assembly the Bureau of the CDPS has adopted the following response:
2. The Bureau of the CDPS welcomes the Recommendation as highly timely and important.
3. The Bureau of the CDPS considers that the scope of this Recommendation is largely covered by the legal and criminal law field.
4. The particular contribution that can be made from the social field is currently taken into account in the framework of the Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation (EG-S-TS), where CDPS has been represented up till now.
5. The Bureau of CDPS considers that the appropriate reply to the Parliamentary Assembly Recommendation will be made through the draft Recommendation of the Committee of Ministers currently being prepared by the EG-S-TS.