Expert Group Meeting
Human Trafficking & Global Supply
Chain
Normative Framework
Ankara, 12-13th November 2012
Objectives
• International Legal Framework
• Regional Legal Frameworks
• Supplementary ways of protecting rights of
migrants
International Legal Framework
ILO International Labour Standards
International Human Rights Law
International Convention on the
Protection of the Rights of All Migrant
Workers and Members of Their Families
of 1990
International Legal Framework
ILO International Labour Standards
 ILO Constitution espouses principles of social justice
protecting persons in their working environment
including those “in a country other than their own”
 International labour law comprises numerous
Conventions and Recommendations, which in principle
are applicable to all workers irrespective of nationality
and immigration status
 ILO Declaration on Fundamental Principles and Rights
at Work 1998
 Member States must adhere to principles in the 8 core
ILO Conventions (which address forced labour,
elimination of child labour, trade union rights, and nondiscrimination) even when they have not ratified the
instrument/s in question
 Specific instruments protecting migrant workers
International Legal Framework
ILO International Labour Standards
ILO Convention No. 97 (1949)
ILO Convention No. 143 (1975)
• 49 States parties
• Only applicable to lawfully
resident migrant workers
• Recruitment and orderly
migration of foreign workers
• Equal treatment with
nationals in respect of
wages and working
conditions, trade union
rights, social security,
accommodation, access to
courts
• 23 States parties
• Protects basic human rights
of all migrant workers,
including irregular migrants
• Specifically, the rights of
irregular migrants arising
out of past employment
(unpaid wages, social
security) are safeguarded
• Principle of equal treatment
of regular migrants with
nationals
International Legal Framework
Human Rights Instruments
 Nine international human rights treaties currently in force
 International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD) 1965
 International Covenant on Civil and Political Rights (ICCPR) 1966
 International Covenant on Economic, Social and Cultural Rights
(ICESCR) 1966
 Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) 1979
 Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT) 1984
 Convention on Rights of the Child (CRC) 1989
 International Convention on the Protection of the Rights of All
Migrant Workers and Members of the Their Families (ICRMW)
1990
 Convention on the Rights of Persons with Disabilities (CRPD) 2006
 International Convention for the Protection of All Persons from
Enforced Disappearance (CPED) 2006
International Legal Framework
Non Discrimination and Key Rights
 Universal principle of non-discrimination
 Human rights applicable to nationals and non-nationals alike
with few exceptions (e.g. political rights)
 Some rights of particular relevance to migrant workers
and their families, for example:
 Right to leave one’s own country and enter/ return to that
country - ICCPR
 Rights to freedom of assembly and association – ICCPR and
ICESCR
 Rights to equal work and employment conditions – ICESCR
 Rights to education and health – ICESCR
 Right to family life – ICCPR and ICESCR
Important role of human rights treaty bodies
 Monitor the application of human rights treaties in States
parties by considering periodic reports
 Inter-State and individual complaints mechanisms
 Issue General Comments/ General Recommendations on
interpretation of instruments, e.g.
 HRC General Comment 15 on the position of aliens under the ICCPR (1986)
 CERD General Recommendation 30 on discrimination against non-citizens
(2004)
 CRC General Comment 6 on unaccompanied minors and separated children
outside their country of origin (2005)
 CEDAW General Recommendation 26 on women migrant workers (2008)
 CESCR General Comment 20 on non-discrimination in economic, social and
cultural rights (art. 2, para. 2) (2009)
 CMW General Comment 1 on migrant domestic workers (2010)
International Convention on the Protection of
the Rights of All Migrant Workers and
Members of Their Families
 Adopted by UN General Assembly – 18 December 1990
 Entrered into force – 1 July 2003
 45 States parties to date:
 Albania, Algeria, Argentina, Azerbaijan, Bangladesh, Belize,
Bolivia, Bosnia-Herzegovina, Burkina Faso, Cape Verde,
Chile, Colombia, Ecuador, Egypt, El Salvador, Ghana,
Guatemala, Guinea, Guyana, Honduras, Jamaica, Kyrgyzstan,
Lesotho, Libyan Arab Jamahiriya, Mali, Mauritania, Mexico,
Morocco, Nicaragua, Niger, Nigeria, Paraguay, Peru,
Philippines, Rwanda, Saint Vincent and the Grenadines,
Senegal, Seychelles, Sri Lanka, Syrian Arab Republic,
Tajikistan, Timor-Leste, Turkey, Uganda and Uruguay
 17 States that have signed (but not yet ratified) to date:
 Benin, Cambodia, Cameroon, Comoros, Congo, Gabon, GuineaBissau, Indonesia, Liberia, Montenegro, Mozambique, Sao Tome
and Principe, Serbia, Sierra Leone and Togo
1990 Convention General
features
 Comprehensive instrument applicable to the
whole migration process and regulating the legal
status of migrant workers and their families
 Protects the basic rights of all migrant workers
and their families (lawfully resident and irregular
migrants) on the basis of equality with nationals
(Part III)
 Grants regular migrants a number of additional
rights on the basis of equality with nationals (Part
IV)
Convention structure
 Part I – Scope and definitions
 Part II – Non-discrimination with respect to
rights
 Part III – Human rights of all migrant workers
 Part IV – Other rights of regular migrants
 Part V – Rights of particular categories of
migrant workers
 Part VI – State cooperation/ obligations in
promoting sound, equitable, humane and lawful
migration conditions
 Part VII – Application of Convention
 Part VIII – General Provisions
 Part IX – Final Provisions
Groups of migrants
covered
 Migrant workers and members of their
families
 Family members defined to include common law
spouses, dependent children and other dependent
persons
 Persons to be engaged or who have been
engaged in employment
 Lawfully resident and irregular migrants
 Specific groups of (temporary) migrant
workers
 e.g. seasonal workers/ project-tied workers
 But not certain categories of foreigners
e.g. diplomats, international organization
officials, students or trainees, refugees,
investors
Rights covered: Civil and Political
Rights
 Civil and political rights
 E.g. freedom from cruel, inhuman or degrading
treatment, slavery, forced labour - Arts 10-11
 Procedural protection against individual expulsion
applicable to all migrant workers – Art. 22
 Employment rights
 Rights to equal work/ employment conditions with
nationals – Art. 25
 Trade union rights (freedom of association)
 to join existing trade unions - Part III, Art. 26
 to form own trade unions and associations for
promotion and protection of their interests - Part IV,
Art. 40
 Rights arising out of past employment
 Remuneration (past wages) – Art. 25(3)
 Social security – Art. 27
Economic, social and cultural rights
 All migrant workers and their families
(including irregular migrants)
 Emergency medical care – Art. 28
 Equal access with nationals to education – Art. 30
 Primary education not to be refused to children of
irregular migrants
 Respect for cultural identity – Art. 31
 Lawfully resident migrant workers and families
only
 Equal access with nationals to housing - Art 43(1)(d)
 Equal access to social and health services - Art
43(1)(e)
 Family reunification – Art. 44
 Access to employment – Arts 52, 53
Migrant-specific rights
 Effective protection by the State against violence,
physical injury, threats and intimidation – Art. 16(2)
 Prohibition on confiscation and destruction of identity
and travel documents (e.g. passports) – Art. 21
 Recourse to protection and assistance of consular/
diplomatic authorities of State of origin – Art. 23
 Transfer of earnings and savings (i.e. remittances) – Art.
32
 Free provision of information on Convention rights and
conditions of admission and, as far as possible, in a
language migrants can understand – Art. 33
Inter-state cooperation (Part VI)
States have obligations to
consult and cooperate to promote sound, equitable
and humane migration conditions – Art. 64(1)
collaborate to prevent and eliminate irregular
migration – Art. 68
punish traffickers, smugglers and those who exploit
migrant workers (e.g. employers) – Art. 68(1)-(2)
see also ILO Convention No. 143 (1975) and the
Trafficking and Smuggling Protocols supplementing
the UN Convention against Transnational Organized
Crime 2000 (Palermo Convention)
“State sovereignty”
clause
(Part VIII, Art 79)
“Nothing in the present Convention shall affect
the right of each State Party to establish the
criteria governing admission of migrant workers
and members of their families. Concerning other
matters related to their legal situation and
treatment as migrant workers and members of
their families, States Parties shall be subject to
the limitations set forth in the present
Convention.”
Application of Convention (Part VII)
 Migrant Workers Committee
http://www2.ohchr.org/english/bodies/cmw/
 16 sessions held to date, commencing in March 2004
 States parties are required to submit initial reports
(after one year) and then periodic reports (after 5
years) on application / implementation of Convention
 Committee issues Concluding Observations on a number of
reports
 Committee adopted General Comment No. 1 on Migrant
Domestic Workers
 Optional individual and inter-State complaint
mechanisms
 Guatemala and Mexico have made the declaration under
Article 77 recognizing the competence of the Committee to
receive and consider individual complaints (but this
mechanism can only come into force when 10 states parties
have made such a declaration)
Obstacles to its ratification
 Practical/ Administrative
 Inadequate knowledge of the Convention
 Implementation
Length and complexity of instrument
Requires resources and coordination between
different government departments
 Legal/ Political
 Explicit safeguards for irregular migrant workers
 Argument that migrant workers’ rights are
adequately protected by other human rights
instruments
 Relevance – i.e. changes to labour migration
landscape in the era of globalization
 General lack of political will
12 Reasons to Ratify
1. To put in place the legal foundation essential for national migration
policy to regulate labour migration and ensure social cohesion
2. To uphold and strengthen the rule of law by ensuring that legal
norms define the basis of labour migration policy, its implementation,
and its supervision
3. To contribute to ensuring that legal parameters define treatment of
all persons on the territory of a country by setting the extent and
limits of human rights of migrant workers and members of their
families
4. To signal that origin countries demand respect for the human rights
of their nationals abroad and are accountable for the same
standards as destination countries
5. To reinforce the sovereign exercise of a State’s prerogative to
determine labour migration policy by affirming conformity with
universal legal and ethical norms
6. To obtain public support for and compliance with labour migration
policy and practice by demonstrating legal soundness and
conformity with internationally accepted principles of social justice
and human rights
12 Reasons to Ratify (cont.)
7. To strengthen social cohesion by establishing that all persons must be
treated with respect by virtue of legal recognition and protection of their
rights
8. To explicitly discourage the ‘commodification’ and consequent abuse of
migrant workers by legally asserting their human rights
9. To reduce irregular migration by eliminating incentives for labour
exploitation, work in abusive conditions and unauthorised employment that
fuel trafficking in persons and smuggling of migrants
10. To facilitate the establishment of effective national policy by calling on
advisory services as well as good practice examples provided by the
relevant standards-based international organisations
11. To obtain clear guidance for bilateral and multilateral cooperation for lawful,
humane, and equitable labour migration
12. To obtain international guidance on implementation of legal norms through
the reporting obligations and periodic review by independent expert bodies
Guide on Ratification, Steering Committee, 2009
20th Anniversary Ratification Campaign
• Website www.migrantsrights.org
Regional Legal Frameworks
 Africa
 African Charter on Human and Peoples’ Rights 1981
 Free movement regimes (e.g. ECOWAS, SADC)
 AU Migration Policy Framework for Africa 2006
 Americas - American Convention on Human Rights 1969
 Middle East - Arab Charter on Human Rights 2004
 Asia - ASEAN Declaration on the Protection and Promotion of the Rights
of Migrant Workers (13 January 2007)
 Europe
 Council of Europe standards
 European Union
 Free movement of EU workers regime
 Developing EU law and policy on asylum and migration from third countries
Regional Legal Framework
 European Convention on the Legal Status of Migrant
Workers 1977
Only applicable to lawfully resident migrant workers
from other Contracting parties (Art. 1)
Equal treatment with nationals in defined areas
Housing, education, conditions of work, social security,
social and medical assistance, access to courts and
administrative authorities, right to organize
Other safeguards relating to
Work and residence permits, information, reception
conditions, family reunion, re-employment, return
Ratified by 11 States parties
Albania, France, Italy, Moldova, Netherlands, Norway,
Portugal, Spain, Sweden, Turkey, Ukraine
Only Albania, Moldova, Turkey and Ukraine are not
EU/EEA countries
Supplementary Ways of Protecting
Migrants’ Rights
 UN Special Rapporteur on the human rights of migrants
 Non binding global and regional consultative processes
 ILO Multilateral Framework on Labour Migration
 Global Forum on Migration and Development (GFMD)
 Colombo Process
 Protection through national provisions in countries of
origin
 E.g. regulation and close supervision of private recruitment
 By emphasizing legal status of migrant workers in
bilateral agreements / arrangements
 Equitable standard employment contracts before departure
 Equal work and employment conditions with nationals
Supplementary Ways
Special Rapporteur on the human rights
of migrants
 Thematic rapporteurship set up in 1999 (and renewed twice) by
Commission on Human Rights (and now Human Rights
Council) with following functions
 To request and receive information from all relevant sources on
violations of rights of migrants
 To formulate recommendations to prevent/ remedy violations
 To promote effective application of relevant norms/ standards
 To take account of gender perspective and to give special attention
to occurrences of multiple discrimination and violence against
migrant women
 To give particular emphasis to recommendations on practical
solutions (e.g. identifying best practices)
 To date, 9 general reports issued and 19 country visits
conducted – most examine situation of migrant workers and
make recommendations regarding 1990 Convention on the
Rights of Migrant Workers
Supplementary Ways
ILO Multilateral Framework on Labour Migration
 Plan of Action for migrant workers adopted by International Labour
Conference in June 2004
 To be implemented by ILO and its constituents in partnership with
other international governmental organizations
 Objective: to develop “a non-binding multilateral framework for a
rights-based approach to labour migration, which takes account of
labour market needs”
 Framework adopted by Tripartite Meeting of Experts in December
2005 and ILO Governing Body approved its publication and
dissemination in March 2006
 Comprises international principles and guidelines on best practices in a
broad range of areas
 Available from ILO website
http://www.ilo.org/public/english/protection/migrant/download/multilat
_fwk_en.pdf
Highlighting
 Importance of regional legal frameworks
 Global and regional consultative processes are
increasingly devoting attention to the protection
of the human rights of migrants, in particular
migrant workers
INTERNATIONAL LEGAL FRAMEWORK
The UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons:
“Trafficking in Persons” shall mean the recruitment, transportation,
transfer, harbouring or receipt of persons, by means of the threat or
use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of
the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the
purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the
prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or
the removal of organs.
(The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention Against Transnational Organized Crime, )
The UN Protocol defines
Children:
The recruitment, transportation, transfer, harbouring or
receipt of a child for the purpose of exploitation shall be
considered ”trafficking in persons” even if this does not
involve any of the means set forth in the definition of
trafficking in persons.
Exploitation
• The Protocol makes reference to some
specific forms of exploitation; however the
list is not exhaustive and it may include
other forms as well. The choice made was
to extend as much as possible the
definition of trafficking in persons to
include any possible ––known or still
unknown ––form of exploitation
UN Protocol
• The Protocol does not define any of the mentioned forms
of exploitation related to forced labour. But a definition
for each of them can be found in the relevant
international convention.
• Article 2, paragraph 1 of ILO Forced Labour Convention,
1930 (No. 29) defines forced labour as ““all work or
service which is exacted from any person under the
menace of any penalty and for which the said person
has not offered himself voluntarilyoffered voluntarily””
• Trafficking violates the most basic rights of
any person in relation to a work situation –
–the freedom from coercion at work, the
freedom to set up associations and
bargain collectively, and the freedom from
discrimination at work. Further trafficking
of children has been defined by the ILO as
one of the worst forms of child labour,
which seriously harms the development of
the child.
Slavery and servitude
• The 1957 Supplementary Convention on
the Elimination of Slavery, Slave Trade,
and Institutions and Practice Similar to
Slavery defines Slavery as ““the status or
condition of a person over whom any or all
of the powers attaching to the rights of
ownership are exercised””
Sexual exploitation
• In 1949 the Convention for the
Suppression of the Trafficking in Persons
and the Exploitation of the Prostitution of
Others was adopted.
OTHER UN TREATIES
• UNITED NATIONS CONVENTION
AGAINST TRANSNATIONAL
ORGANIZED CRIME AND THE
PROTOCOLS THERETO
• The purpose of this Convention is to
promote cooperation to prevent and
combat transnational organized crime
more effectively.
OTHER UN TREATIES
• The 1948 Universal Declaration of Human Rights acknowledges the
equality, liberty, security and freedom, also from slavery or servitude,
of all human beings:
• Art. 3: Everyone has the right to life, liberty and security of person.
• Art. 4: No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
• Art. 5: No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
• The Universal Declaration of Human Rights was adopted by the UN
General Assembly on 10 December 1948 and provides human
rights standards accepted by all Member States. Though it is not a
binding treaty, it provides a normative basis for international human
rights standards.
OTHER UN TREATIES
• International Covenant on Civil and
Political Rights
• Convention on the Elimination of all forms
of Discrimination against Women
• Convention of the Rights of the Child
• Economic and Social Council
Recommended Principles and Guidelines
on Human Rights and Human Trafficking
• ILO 29, 105, 182
• ILO Convention No. 29 concerning Forced or
Compulsory Labour (1930)-Entry into Force
01.05.1932
• More than 160 Member States have ratified the ILO
Forced Labour Convention No. 29 of 1930. It provides a
basic definition of forced labour, which is still applicable
to such present-day international instruments as the UN
Trafficking Protocol.
• Under the ILO Convention No. 29, the term forced or
compulsory labour shall mean (art. 2) “all work or
service which is exacted from any person under the
menace of any penalty, and for which the said person
has not offered himself voluntarily”.
The concept of forced labour as defined by ILO
Convention 29 comprises three basic elements:
a. the activity exacted must be in the form of
work or service;
b. the menace of penalty
c. it is undertaken involuntarily by the victim
Article 4-The competent authority shall not
impose or permit the imposition of forced or
compulsory labour for the benefit of private
individuals, companies or associations.
OTHER UN TREATIES-ILO
ILO Convention No. 105 concerning the
Abolition of Forced Labour (1957)-Entry into
Force 17.01.1959
At a time when there had been growing use of forced
labour for political purposes, ILO adopted an additional
instrument on the subject: its Abolition of Forced Labour
Convention (No. 105 of 1957), which calls for the suppression of
forced labour as a means of political coercion, labour discipline or
racial, social, national or religious discrimination; as a method of
mobilizing and using labour for purposes of economic development;
and as punishment for having participated in strikes.
ILO
•
ILO Convention No. 182 concerning the Prohibition and Immediate
Action for the Elimination on the Worst Forms of Child Labour
(1999)-174 ratifications-Entry into Force 19.11.2000
•
The ILO Convention on the Worst Forms of Child Labour (No.182)
adopted in 1999 includes the sale and trafficking of children as one of the
worst forms of child labour that must be tackled urgently. In the ILO
Convention No.182 "children" are, in line with the UN Convention on the
Rights of the Child and the UN Trafficking Protocol, defined as persons
under the age of 18. While the UN Convention against Transnational
Organized Crime and its Trafficking Protocol tackle trafficking in human
beings from the angle of transnational organized crime, the ILO
Convention No.182 declares the sale and trafficking of girls and boys
under 18 years of age one of the worst forms of child labour and calls for
immediate measures, including prevention, withdrawal and rehabilitation.
Convention No.182 further sets out the framework for action
against child trafficking and other worst forms of child labour.
•
ILO 182
Article 3 defines worst forms of child labour as
• (a) all forms of slavery or practices similar to slavery, such as the
sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labour, including forced or compulsory
recruitment of children for use in armed conflict;
• (b) the use, procuring or offering of a child for prostitution, for the
production of pornography or for pornographic performances;
• (c) the use, procuring or offering of a child for illicit activities, in
particular for the production and trafficking of drugs as defined in the
relevant international treaties;
• (d) work which, by its nature or the circumstances in which it is
carried out, is likely to harm the health, safety or morals of children.
ILO continued
• C081 Labour Inspection Convention
Entry into force: 07 April 1950
• Domestic Workers
UNHCHR
• The United Nations High Commissioner for
Human Rights has developed Recommended
Principles and Guidelines on Human Rights and
Human Trafficking (E/2002/68/Add.1), which
provide an important framework guiding the
criminalization of trafficking in persons and the
development of a legislative framework.
UN Global Compact
• The UN Global Compact asks companies
to embrace, support and enact, within their
sphere of influence, a set of core values in
the areas of human rights, labour
standards, the environment and anticorruption:
UN Global Compact
•
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•
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•
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Human Rights
Principle 1: Businesses should support and respect the protection of internationally proclaimed
human rights; and
Principle 2: make sure that they are not complicit in human rights abuses.
Labour
Principle 3: Businesses should uphold the freedom of association and the effective recognition of
the right to collective bargaining;
Principle 4: the elimination of all forms of forced and compulsory labour;
Principle 5: the effective abolition of child labour; and
Principle 6: the elimination of discrimination in respect of employment and occupation
Environment
Principle 7: Businesses should support a precautionary approach to environmental challenges;
Principle 8: undertake initiatives to promote greater environmental responsibility; and
Principle 9: encourage the development and diffusion of environmentally friendly technologies.
Anti-Corruption
Principle 10: Businesses should work against corruption in all its forms, including extortion and
bribery.
INTERNATIONAL LEGAL FRAMEWORK
• Council of Europe
• EU Instruments
• Others
LEGAL DEFINITIONS
Council of Europe Convention on Action
against Trafficking in Human Beings
Warsaw, 16.V.2005
CoE
Legally binding instrument
Not restricted to CoE members only
Scope of CoE Convention
The convention applies to:
• All forms of human trafficking: whether
national or transnational, whether or not
related to organized crime
• Whoever the victim: women, men, children
• Whatever the form of exploitation: sexual
exploitation, forced labour, services etc.
CoE-Article 4
For the purposes of this Convention:
•
a
"Trafficking in human beings" shall mean the recruitment,
transportation, transfer, harbouring or receipt of persons, by means of the threat or
use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation. Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or the removal of
organs;
•
b
The consent of a victim of “trafficking in human beings” to
the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant
where any of the means set forth in subparagraph (a) have been used;
•
c
The recruitment, transportation, transfer, harbouring or
receipt of a child for the purpose of exploitation shall be considered "trafficking in
human beings" even if this does not involve any of the means set forth in
subparagraph (a) of this article;
•
d
"Child" shall mean any person under eighteen years of
age;
•
e
“Victim” shall mean any natural person who is subject to
trafficking in human beings as defined in this article.
Victims of trafficking
 No other international text defines victims,
leaving it to each State to define who is a
victim and therefore deserves the measures
of protection and assistance
 A victim is any person who is subject to
trafficking as defined in the Convention
 The consent of a victim to the exploitation is
irrelevant where any of the means set forth
by the definition (coercion, fraud, deception)
have been used
Measures provided by the
Council of Europe Convention
I.
II.
Prevention
Measures to protect and
promote the rights of victims
III. Criminal law and procedure
IV. Co-operation
V. Monitoring mechanism
I.
Prevention
 Prevention of THB by measures such as
information, awareness-raising and
education campaigns for persons
vulnerable to trafficking
 Preventive measures to discourage
demand
 Border control to detect THB and
measures to ensure the validity of travel
or identity documents
II. Measures to protect and
promote the rights of victims
 Identification process
 What type of assistance victim must
have
 Recovery and reflection period
 Residence permit
 Compensation and legal redress
 Repatriation
 Gender equality
II.a. Identification process
 Trained and qualified staff to identify
victims and issue a residence permit
 During the process, the person is not
removed from the territory and receives
certain assistance measures
 Special provisions for a child victim (eg.
representation, establishment of age
and nationality and locate family if in
the best interest of the child)
II.b. Type of assistance
Victims must be assisted to recover physically,
psychologically and socially, such assistance
includes:
- Standards of living capable of ensuring their
subsistence, through such measures as:
appropriate and secure accommodation,
psychological and material assistance
- Emergency medical treatment
- Translation and interpretation
- Counselling and information
- Access to education for children
- Assistance throughout the criminal procedure
II.c. Recovery and reflection
period
 At least 30 days
 During this period, the person is not
removed from the territory and receives
certain assistance measures
II.d. Residence permit
 The main issue is: should it be linked to
the victims’ co-operation with the law
enforcement authorities?
 The Council of Europe Convention has
retained both possibilities for States:
they can either grant such permit if the
victims co-operate with the law
enforcement authorities or where this is
necessary in the light of the situation of
the victim
II.e. Compensation and legal
redress
 Right to legal assistance and to free
legal aid for victims
 Right to compensation for victims,
which has to be guaranteed, for
instance, through a fund
II.g. Gender equality
In applying assistance measures provided
by the Convention, Parties aim to promote
gender equality and use gender
mainstreaming in the development,
implementation and assessment of the
measures.
III. Criminal law and
procedure
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

Criminalisation of trafficking
Possibility to criminalise those who use the services of
victims
Criminalisation of producing a fraudulent travel or ID
document, procuring or providing such a document,
retaining, removing, concealing, damaging or destroying
such a document of another person
Attempt and aiding or abetting
Liability of legal persons
Sanctions and measures
Aggravating circumstances (eg danger to the life of the
victim, the victim was a child, offence committed by a
public official, criminal organisation)
Non-punishment provision
…[continues]
 Ex parte & ex officio application
 Protection of victims, witnesses and
collaborators of justice
 Need for specialised authorities
 Adaptation of court proceedings in
order to protect victims’ private life
and safety
V. Monitoring mechanism
 The effectiveness of all treaties is measured
by the effectiveness of its monitoring
mechanism
 GRETA [Independent experts acting in their
individual capacity, evaluation rounds,
Report and conclusions for each Party]
 Committee of the Parties [political body]
 ALL Parties will be subject to the same
monitoring mechanism on an equal footing
Evaluation procedure
 Article 38 of the Council of Europe
Convention
 Aim: Monitor the Parties’ implementation
of the measures contained in the
Convention
 Dialogue and cooperation with the Parties
will preside over the evaluation procedure
 All Parties will be subject to the same
monitoring procedure
V. Monitoring mechanism
 The effectiveness of all treaties is measured
by the effectiveness of its monitoring
mechanism
 GRETA [Independent experts acting in their
individual capacity, evaluation rounds,
Report and conclusions for each Party]
 Committee of the Parties [political body]
 ALL Parties will be subject to the same
monitoring mechanism on an equal footing
Committee of the Parties
Adopt Recommendations on the basis of
GRETA’s Report and Conclusions
indicating measures to be taken by the
Party concerned to implement GRETA’s
conclusions
Aiming at promoting co-operation with the
Party for the proper implementation of the
Convention
EU Framework
• DIRECTIVE 2011/36/EU OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL of 5 April
2011
• This Directive establishes minimum rules
concerning the definition of criminal offences
and sanctions in the area of trafficking in human
beings. It also introduces common provisions,
taking into account the gender perspective, to
strengthen the prevention of this crime and the
protection of the victims
EU Framework-Directive 2011/36
– Article 19
– National rapporteurs or equivalent
mechanisms
• Member States shall take the necessary measures to
establish national rapporteurs or equivalent
mechanisms. The tasks of such mechanisms shall
include the carrying out of assessments of trends in
trafficking in human beings, the measuring of results of
anti-trafficking actions, including the gathering of
statistics in close cooperation with relevant civil society
organisations active in this field, and reporting.
EU Framework-Directive 2011/36
To prevent THB
Effectively prosecute traffickers
Better protect the victims in line with
highest EU standards
New directive takes a victim centered
approach including gender perspective
New legislation will apply to THB for illegal
adoption, forced marriages, sexual
exploitation or labor exploitation
From Law into Practice
 If human trafficking is not a new problem, is so
severe, affects so many people, and has a legal
definition, then…
Conclusion
Partnership:
• Migration management is an area for partnerships between
interested stakeholders and for consideration of responsibility
sharing between States involved in or affected by particular
migratory movements.
• Continued exploration is required to identify additional ways by
which governments, international organizations, non-governmental
organizations, private sector and civil society organizations can work
together to develop greater confidence and effective and joint
management tools, technical cooperation, cost and other
responsibility sharing.
THANK YOU!
Meltem ERSAN
IOM Turkey
mersoy@iom.int
www.countertrafficking.org
www.iom.int