EU Ministerial Conference “Towards Global EU Action Against Trafficking in Human Beings”
The Third EU Anti-Trafficking Day
Panel One: International Partnerships to Prevent Trafficking in Human Beings

Speech by Thorbjørn JAGLAND, Secretary General of the Council of Europe

Embargo until delivery / Check against delivery

Brussels, 19 October 2009

Trafficking in human beings is slave trade. It violates victims human rights, human dignity and the integrity of the victims. This is why the Council of Europe is involved and this is why we have adopted the Convention on Action against Trafficking in Human Beings.

Its approach can be summed up as three Ps; prevention of trafficking, protection of victims and prosecution of traffickers.

The Convention is the first European treaty in this field and the only international treaty which includes a comprehensive protection of the human rights of the victims as an integral part of the fight against this criminal activity.

This is why the Convention is an excellent example of the new generation of Council of Europe treaties, combining strong human rights safeguards with effective legal co-operation against crime. Moreover, like many of our recent conventions, it is open to non-European countries which is essential in the fight against this international phenomenon which requires an international response.

Today, the Convention has been ratified by 26 Council of Europe member states, of which 16 are European Union member states.

I take this occasion to call for the ratification of the Convention by all European Union member states which have not yet done so.

The Council of Europe Convention applies to all forms of trafficking: whether national or transnational, whether related to organised crime or not; whether the victim is a woman, man or child and regardless of the form of exploitation: sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or for the removal of organs.

When compared to other international texts, the Council of Europe Convention represents an important added value in several respects. Let me give you a few examples:

One, it contains a list of mandatory assistance measures to victims of trafficking. Victims of trafficking must be granted physical and psychological assistance and support for their reintegration into society. Medical treatment, counselling and information as well as appropriate accommodation are all among the measures provided to victims. Victims are also entitled to receive compensation.

Two, the Council of Europe Convention introduces a mandatory recovery and reflection period for victims of at least 30 days – a period to recover and escape from the influence of the traffickers and to take a decision on their possible co-operation with the law enforcement authorities. This is a significant improvement in the way victims of trafficking are treated in the countries of destination, which is not only in their interest, but also in the interest of society as a whole.

Three, the Council of Europe Convention envisages the possibility of delivering renewable residence permits to victims of trafficking, either on humanitarian grounds or because of the victims’ co-operation with the law enforcement authorities.

Four, the Council of Europe Convention introduces the possibility to criminalise the “clients”, that is persons who knowingly use the service of a victim of trafficking in human beings;

Five, the Council of Europe Convention provides for the possibility of not imposing penalties on victims for their involvement in unlawful activities, if they were compelled to do so by their situation.

We all know that proper monitoring is indispensable to the effectiveness, credibility and impact of the Council of Europe Convention on Action Against Trafficking in Human Beings. The entry into force of the Convention on 1 February 2008 triggered the setting-up of its monitoring mechanism, which is now fully operational.

This mechanism consists of two pillars; the Group of Experts against Trafficking in Human Beings or GRETA, a body composed of independent and highly qualified experts, and a more political body, the Committee of the Parties composed of representatives of the governments. GRETA will adopt reports and conclusions on each Party’s implementation of the Convention on the basis of country visits, dialogue with governmental authorities, members of parliament, civil society organisations and the victims themselves. It is expected that the first GRETA reports, which will be public, will be adopted by the beginning of 2011.

The Committee of the Parties' main functions are to make recommendations to a Party concerning the measures to be taken to follow up GRETA’s conclusions and to act as international observatory on the prevention and combating of trafficking in human beings.

The co-operation with the European Union in this area is a part of the shared priorities, as agreed in the Memorandum of Understanding between the Council of Europe and the European Union of May 2007.

In the Council of Europe, we support the development of a comprehensive, binding EU strategy to combat trafficking in human beings and to provide for a satisfactory protection of victims. We also believe that the most effective, the most rational and the most expedient way to do so is for the European Community to become a party to our Convention.

The Council of Europe welcomed the adoption by the European Commission on 25 March 2009 of a proposal for a Council Framework Decision on preventing and combating trafficking in human beings, and protecting the victims. The provisions contained in this proposal correspond to a large extent to the provisions contained in the Council of Europe Convention.

I should like to thank Mr Jacques Barrot, the Vice-President of the European Commission, for the constructive consultation which has been established between the European Commission and the Council of Europe on this new text, which allowed for a detailed exchange of views on substance.

The Council of Europe is convinced that the human-rights based and victim-centred approach to trafficking in human beings is the only way to successfully prevent this scourge, protect its victims and prosecute traffickers. The widest possible ratification of the Council of Europe Convention and its effective implementation will significantly contribute to achieving these goals, as well as to developing and strengthening partnerships against trafficking in human beings not only in Europe but world-wide.