ZI Council of Europe Committee March 2017

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Presentation transcript:

ZI Council of Europe Committee March 2017 Zonta International and the Anti-Trafficking Convention The Council of Europe Convention on Action against Trafficking in Human Beings ZI Council of Europe Committee March 2017

Zonta International‘s vision and mission

What is “The Anti-Trafficking Convention”? The Council of Europe (CoE) Convention on Action against Trafficking in Human Beings. The sole far-reaching and comprehensive international treaty to prevent trafficking in human beings, protect the victims, prosecute the traffickers. Recognizes that all actions against this phenomenon have to be based on an approach of non-discrimination, gender equality and children’s rights. The Anti-Trafficking Convention (CETS 197). The Convention has been crafted to eliminate trafficking in human beings. Trafficking in human beings violates the rights and affects the lives of countless people around the world. An increasing number of women, men and children are being traded as a commodity across borders or in their own countries and trapped into exploitation and abuse.

The Scope of the Convention All forms of trafficking: whether national or transnational, whether or not connected to organized crime All victims of trafficking: women, men, children All forms of exploitation: prostitution, sexual exploitation, forced labour, slavery or similar practices, servitude, removal of organs etc. Human Trafficking is a prevalent practice globally. It is very often linked with organized crime and is considered as one of the most profitable criminal activities worldwide. Note that trafficking and smuggling people are different things: Smuggling is unlawful cross-border transport in order to obtain a financial or other material benefit whereas the purpose of trafficking is always exploitation of the human being.

The Core Values of the Convention The Anti-Trafficking Convention Is focused on human rights and on victim protection Defines trafficking as a violation of human rights and an offense to the dignity and integrity of the human being Recognizes that trafficking in human beings is a gendered phenomenon By ratifying the Convention Governments are held responsible to take action to prevent human trafficking To protect and promote the rights of victims To effectively investigate trafficking cases To promote gender equality and use gender mainstreaming in setting up convention measures Monitoring Mechanism One of the main strengths of the Convention to evaluate the provisions of the Convention Consists of two pillars: the Group of Experts (GRETA) and the Committee of the Parties The convention claims the implementation of measures to fulfill its core issues: protection, prevention and prosecution. The monitoring mechanism is evaluating how well the provisions are put into practice by States parties to the Convention and is providing support.

Convention Data - Who has acceded to the Anti-Trafficking Convention? The Convention on Action against Trafficking in Human Beings was opened for signature in Warsaw on 16 May 2005. It entered into force on 1 February 2008. As of February 2017 it was ratified by 45 Council of Europe member states and signed by one, not followed by ratification. In addition it has been ratified by one non-CoE member state, Belarus. Find out which countries signed/ratified the Anti-Trafficking Convention: http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/197/signatures?p_auth=C8VCXTSf As of February 2017, Czech Republic has signed but not yet ratified. Russia has neither signed nor ratified the convention. Belarus, a non-member state of the CoE has ratified the convention. It entered into force on 1 March 2014 for Belarus.

Can Non-Member States of the CoE join? Yes! The Convention is open to accession by any country in the world The Committee of Ministers of the Council of Europe can invite a non-member state to accede to the Convention, after having consulted the Parties of the Convention and obtained their consent. The procedure for accession It is customary for the non-member state to request accession in a letter addressed to the Secretary General of the CoE. Prior to acceding, the state has to take the necessary measures to ensure that its domestic law allows the Convention to be implemented. The Committee of Ministers will ask for contributions to finance the follow-up mechanism. Non-CoE member states can join, provided they are being invited and have proven to have taken the necessary measures to allow the domestic law to implement the requirements of the convention. As trafficking is a grave global phenomenon, it is important to engage non-member states in the implementation of the Anti-Trafficking Convention.

What does the Convention require the States to do? Prevent trafficking Establish effective legislation, policies and programmes, support research, awareness raising and educational campaigns Engage the mass media and civil society in identifying the demand as one of the root causes of trafficking in human beings Tackle the root problem of discrimination and gender inequality Strengthen coordination and cooperation Protect the victims Train authorities to identify victims of trafficking, considering the special situation of women and children Issue victims with residence permit, allow a reflection and recovery period of at least 30 days Establish repatriation and reintegration programmes to avoid re-victimization Prosecute the perpetrator Criminalize the different forms of trafficking in human beings, incl. legal persons as perpetrator Effectively investigate trafficking cases The three P‘s are the essence of the Anti-Trafficking Convention. To tackle the violation worldwide, international cooperation is crucial. It is equally important to grant children special protection measures during investigation and court proceedings. Victims are very often not identified as victims of a crime, but rather considered as persons, who have violated migration, labour or prostitution laws. Identification is performed by specially trained professionals who follow agreed procedures and identification criteria. The reflection and recovery period should help the victim to escape from the influence of the trafficker and consider cooperation with authorities. The period of 30 days has been constituted as too short and recommended to be extended to at least 3 months.

How is the implementation of the Convention monitored? Group of Experts on Action against Trafficking in Human Beings (GRETA) An independent expert body. Consisting of 15 members from signatory countries. GRETA’s activities are divided into rounds. It collects information from States parties and performs country visits. It may request information from NGOs (shadow report). Its final reports with recommendations are made public and are found online on the CoE website. http://www.coe.int/en/web/anti-human-trafficking/news Committee of the Parties Political body composed of official representatives of the States Parties of the Convention. It elects the GRETA. Considers GRETA’s report and may adopt recommendations to the governments of the Parties concerned. The Convention sets up a monitoring mechanism to assess how well its provisions are put into practice. This monitoring process consists of two pillars: the Group of Experts on Action against Trafficking in Human Beings (GRETA), an independent expert body, and the Committee of the Parties, a political body composed of official representatives of the States parties to the Convention. The members of the expert body are legal professionals, law-enforcement officials, psychologists, doctors, civil society representatives. Their findings and recommendations will help to ensure states’ compliance with the convention and guarantee its long-term effectiveness.

Statistics on trafficking in human beings Worldwide, approximately 800.000 people are trafficked across boarders annually. Victims from at least 127 countries are detected in 137 countries. Worldwide, detected victims of trafficking are comprised of 49% women and 21% girls. Worldwide, 79% of female victims of trafficking are exploited for sexual purposes. 14% for forced labour. The trafficking of girls under the age of 18 is increasing. An estimated 2.4 million people throughout the world are lured into forced labour. Trafficking in some of its forms is present in every country. The clandestine nature of human trafficking makes it difficult to collect authentic numbers. Within countries many more women and girls are trafficked, often for the purpose of sexual exploitation and domestic servitude.

Why is the Anti-Trafficking Convention important to Zonta? Zonta International strives to promote and protect the human rights of all women/girls and to reduce violence against women. Whether in Europe or anywhere else in the world, Zontians can use the Anti-Trafficking Convention as a tool for advocacy! The Anti-Trafficking Convention will give more strength to “Zonta says NO” activities combatting trafficking in human beings! For Zonta the Anti-Trafficking Convention is a practical tool to advocate for non-discrimination, gender equality and women‘s rights and to take advocacy into action. With this tool Zonta International, its clubs and districts can fight trafficking on the national as well as on the international level.

Synergy The Anti-Trafficking Convention covers all women and girls, from any background, regardless of their age, race, religion, social origin, migrant status or sexual orientation. The Convention recognizes that there are groups of women and girls that are often at greater risk of experiencing trafficking and states need to ensure that their specific needs are taken into account. Advocacy is one important part of Zonta’s mission to fight for gender equality and women’s rights. “We need to work to attack the root causes – attitudes, changes in the law and more – to bring about substantial change”. Sonja Hönig Schough, President Zonta International Zonta International Foundation The Anti-Trafficking Convention is a practical advocacy tool to raise awareness of the different forms of exploitation of women and girls and their root causes which are primarily gender-based.

Zonta International can play an active role First in the process to push their respective states to access the Convention and ratify it. Later on in the monitoring of the implementation of the Convention. The group of experts in charge of the monitoring process (GRETA) may receive info from NGOs (as a complement to the info provided by state/government itself). ZI can contribute with its power, knowledge and persuasion to see that states/governments become parties to this important Convention Zonta can contribute with its power, knowledge and persuasion by raising awareness in all 66 Zonta countries around the world to this first legally binding instrument/treaty to fight trafficking in human beings. Zontians can follow the monitoring reports of their government and of the GRETA Group in their countries to see if their government meets the requirements of the Anti-Trafficking Convention. SAFE FROM FEAR SAFE FROM VIOLENCE STAND UP AND SPEAK OUT!

In your country Within Zonta What do you need to do? In your country Find out whether your country has ratified/acceded to the Anti-Trafficking Convention. Follow the reports of your government and of GRETA. The Group of Experts may also receive information from NGOs. Get in touch with the ZI CoE Committee, give feedback on the situation in your country – as NGOs with participatory status are asked to report directly to GRETA. Have a view to especially vulnerable groups in your country like migrant women. Within Zonta Raise awareness of the Convention and of trafficking as a human right’s violation in your club, area, district. Organize advocacy activities like seminars, panel discussion, etc. Involve the public! Join forces with other women’s rights organizations. Send an article to important newspapers. Make use of ZI’s official status as an INGO in both the UN and the CoE. Get informed on the situation in your own country, then decide what advocacy-activity your club wants to become engaged in. Note that not all trafficking is transnational – it is also national, especially in conflict areas where children, girls and boys, are particularly vulnerable.

Are there any other actors fighting trafficking in human beings? The „UN Convention against Transnational Organized Crime“ Nov. 2000: The GA opened three supplementary Protocols to the Convention= The Palermo Protocols. One of them „The Protocol to Prevent, Suppress and Punish Trafficking in Persons“, entered into force 25 Dec 2003. It provided the first internationally agreed definition of trafficking in persons. As of March 2017: Ratifications: 170 states, signatories: 117 states The UN Palermo Protocol was accepted before the CoE Anti-Trafficking Convention was drafted. At that time Member States decided to keep the issue of prostitution within the domain of national competence. It is important to be aware of the connection of trafficking to organized crime, prostitution and violence against women.

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Purpose: To combat and prevent trafficking in persons, to assist victims and to promote international cooperation. Role of NGOs: Is not explicitly mentioned as such, but their role as information source and collector is deemed increasingly important. Monitoring Mechanism: Does not include any special monitoring mechanism and provisions; this is rather the duty of each state party. States that ratify this instrument commit to the content of the convention and shall adopt, in accordance with fundamental principles of its domestic law, necessary legislative and other measures. The wording of the convention lacks detailed definiton and is open for interpretation, therefore less legally binding for States having signed.

The Anti-Trafficking Convention „There cannot be effective prevention of human trafficking without education, empowerment and anti-discrimination measures.“ Nicolas Le Coz, President of GRETA 18 October 2012 6th EU Anti-Trafficking Day

Sources and References For more info on the CoE Anti-Trafficking Convention: http://www.coe.int/en/web/anti-human-trafficking/home For more info on the UN Protocol: https://www.unodc.org/unodc/data-and-analysis/glotip.html http://www.unodc.org/unodc/en/human-trafficking/index.html?ref=menuside

Further information or questions Anita Schnetzer-Spranger, Chairman, D 28 Zonta Club of Mainz, Germany schnetzer-spranger@gmx.de Irma Ertman, Vice-Chairman, D 20 Zonta Club of Helsinki II, Finland ertman.irma@gmail.com Frieda Demey, Member, D 27 Zonta Club of Brussel Zavel, Belgium frie.demey@skynet.be Anne Kraus, Member, D 27 Zonta Club of Luxembourg- Multiculturel, Luxembourg krausanne@hotmail.com Karin Nordmeyer, D 30, Legal Advisor Zonta Club of Freiburg-Schauinsland, Germany knordmeyer@gmx.de