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Committee Opinion | Doc. 15051 | 28 January 2020
Concerted action against trafficking in human beings and the smuggling of migrants
Committee on Equality and Non-Discrimination
A. Conclusions of the committee
(open)1. The Committee on Equality and
Non-Discrimination congratulates Mr Vernon Coaker (United Kingdom, SOC),
rapporteur of the Committee on Migration, Refugees and Displaced
Persons, on his report aimed at reviving and strengthening the action
against trafficking in human beings in Europe.
2. The committee supports the draft resolution and recommendation
and shares in particular the human rights-based approach adopted
by the rapporteur, as well as the strong support for the activities
of the Group of Experts on Action against Trafficking in Human Beings
(GRETA). The text furthermore underlines that the number of victims
of trafficking is increasing throughout Europe. This situation requires
awareness on the part of the authorities in all Council of Europe
member States and the adoption of effective policies, including
co-operation between them and with third countries.
3. The Committee on Equality and Non-Discrimination draws attention
to the fact that trafficking in human beings disproportionately
affects women (71% of victims are women and girls, according to
a study published by the European Parliament in 2016).
4. The committee considers that the gender dimension is of central
importance in the phenomenon of trafficking. This dimension must
be taken into account in any analysis of the trafficking of human
beings, as well as in the development and implementation of measures
to prevent and combat it. It is important that the resolution to
be adopted by the Assembly reflects this dimension and encourages
the recipients of the text to take it into account.
B. Proposed amendments
(open)Amendment A (to the draft resolution)
After paragraph 6, insert the following paragraph:
“The Assembly underlines that trafficking in human beings disproportionately affects women and girls, who represent the vast majority of victims. A gender perspective should be taken into account in the analysis of trafficking phenomena and in the design and implementation of any action and policy to prevent and combat this scourge.”
Amendment B (to the draft resolution)
At the end of paragraph 9, add the following sentence:
“In this respect, the Assembly underlines the relevance of the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210, “Istanbul Convention”) and invites the member States of the Council of Europe to sign and ratify it, if they have not done so.”
Amendment C (to the draft resolution)
After paragraph 13, insert the following paragraph:
“With regard to victims of forced marriages, the Istanbul Convention requires that the intentional act of forcing an adult or a child to enter into a marriage be made a criminal offence (Article 37). As the Convention is oriented towards the protection of victims, it creates an obligation to ensure that victims can recover their residence status if they have left their country of residence for a longer period than legally permitted (without being able to return) because they have been brought to another country for the purpose of that marriage (Article 59). In addition, the Convention requires States Parties to ensure that gender-based violence can be recognised as a form of persecution within the meaning of the 1951 Convention relating to the Status of Refugees (Article 60). Finally, the Convention reiterates the obligation to respect the principle of non-refoulement, in particular with regard to victims of gender-based violence in need of protection, regardless of their status or place of residence (Article 61).”
C. Explanatory memorandum by Ms Isabelle Rauch, rapporteur for opinion
(open)1. The Committee on Equality and
Non-Discrimination, (and its predecessor, the “Committee on Equal Opportunities
for Women and Men") has repeatedly addressed the issue of trafficking
in human beings because of the disproportionate impact of this scourge
on women and girls, in particular because of the incidence of trafficking
for the purpose of sexual exploitation, which is by far the most
widespread form of trafficking and which affects women in the vast
majority of cases. The report on “Prostitution, trafficking and modern
slavery in Europe” 
focused precisely on this form of trafficking
and proposed measures to curb the demand for prostitution in order
to combat trafficking.
focused precisely on this form of trafficking
and proposed measures to curb the demand for prostitution in order
to combat trafficking.2. As far as the disproportionate impact of trafficking on women
and girls is concerned, the situation has not improved in recent
years. According to the 2016 United Nations Office on Drugs and
Crime (UNODC) Global Report on Trafficking in Persons, 71% of victims are
women and girls. On the basis of data from UNODC, Eurostat and the
European Police Office (Europol), the Study on the Gender Dimension
of Trafficking in Human Beings, prepared for the European Parliament
in 2016, 96% of victims of trafficking for sexual exploitation in
Europe would be girls and women.
71% of victims are
women and girls. On the basis of data from UNODC, Eurostat and the
European Police Office (Europol), the Study on the Gender Dimension
of Trafficking in Human Beings, prepared for the European Parliament
in 2016, 96% of victims of trafficking for sexual exploitation in
Europe would be girls and women. 3. In the light of the above, trafficking has often been viewed
as a violation of equality between women and men or even as a form
of violence against women. The report “Gender-specific measures
in anti-trafficking actions” of the European Institute for Gender
Equality (EIGE) of the European Union devotes its first two chapters
to explaining how trafficking in human beings constitutes a form
of violence against women and to presenting the similarities and
links with other forms of such violence. “Trafficking for the purpose
of sexual exploitation is part of the continuum of violence experienced
in the life of a trafficked person, [...] being one of the most
obvious manifestations of gender inequality”. The report adds that
“most women and girls who are trafficked for sexual exploitation
also report experiencing violence prior to their trafficking experience”,
and explains that a woman, after experiencing violence, is more
vulnerable to being trafficked, both because she is less confident
and has low self-esteem, and because she wants to escape her violent
environment.
4. The United Nations 2030 Agenda for Sustainable Development
confirms the link between trafficking and gender-based violence.
Sustainable development goal 5, “Achieve gender equality and empower
all women and girls”, includes target 5.2: “Eliminate all forms
of violence against women and girls in the public and private spheres,
including trafficking and sexual and other types of exploitation”.
5. This notion of trafficking as a form of violence against women,
which might appear purely theoretical or even ideological, is indeed
useful. It allows for the development and implementation of effective
and appropriate anti-trafficking measures and helps to better interpret
obligations under international conventions. It justifies, inter
alia, the victim protection-based approach which is common to the
Council of Europe Convention on Action against Trafficking in Human
Beings (CETS No. 197) and Convention on preventing and combating
violence against women and domestic violence (CETS No. 210, “Istanbul
Convention”).
6. The Group of Experts on Action against Trafficking in Human
Beings (GRETA) is aware of the importance of the gender perspective
in its field of activity, as enshrined in the Council of Europe
Convention on Action against Trafficking in Human Beings in Article
17, entitled “Gender Equality”. This article states that "Each Party
shall, in applying measures referred to in this chapter, aim to
promote gender equality and use gender mainstreaming in the development,
implementation and assessment of the measures”. GRETA's 2018 progress
report stresses that “The aim of Article 17 is to draw attention
to the fact that women, according to existing data, are the majority
of identified victims of trafficking in human beings and to the
fact that discrimination against women and girls in many societies,
leading to poverty and marginalisation, may increase risks of being
targeted by trafficking networks. Trafficking in human beings, when
it is carried out for the purposes of sexual exploitation, mainly
affects women. [...] Women and girls are often targeted because
they are disproportionately affected by poverty and discrimination,
factors that impede their access to employment, educational opportunities
and other resources.”
7. Article 17 refers only to Chapter III of the convention and
therefore only covers "Measures to protect and promote the rights
of victims, guaranteeing gender equality”. However, the interpretation
of this article is broader, and the trend is towards applying a
gender perspective to other aspects of the fight against trafficking. Certainly,
the protection of victims and the promotion of their rights is central
to the philosophy of the convention and its implementation. However,
other measures must also take the gender dimension into account:
in particular, preventive measures, which can also be seen as protective
measures, not only of victims in the proper sense of the word, but
also of potential victims.
8. The Ombudsman for Minorities of Finland, who is also in charge
of combating trafficking in human beings, explained in his 2014
report that
the use of a gender perspective could help identify victims in order to
apply relevant international law. Understanding the dynamics of
violence against women, including the elements of power and control,
the gradual loss of autonomy associated with the situation of violence
and the different aspects that cause vulnerability to exploitation
and violence can guide the judiciary and facilitate the prosecution
of those responsible. The Ombudsman's first recommendation to the
Finnish Government in this report was to prepare a comprehensive
action plan for the prevention of trafficking in human beings, aimed
at reducing the "demand" for victims in order to reduce the “supply”,
and indicated that this action plan should adopt both a gender and
a child perspective.
that
the use of a gender perspective could help identify victims in order to
apply relevant international law. Understanding the dynamics of
violence against women, including the elements of power and control,
the gradual loss of autonomy associated with the situation of violence
and the different aspects that cause vulnerability to exploitation
and violence can guide the judiciary and facilitate the prosecution
of those responsible. The Ombudsman's first recommendation to the
Finnish Government in this report was to prepare a comprehensive
action plan for the prevention of trafficking in human beings, aimed
at reducing the "demand" for victims in order to reduce the “supply”,
and indicated that this action plan should adopt both a gender and
a child perspective.9. An example of anti-trafficking legislation and policies with
a gender perspective is the "Swedish" or "Nordic" approach to the
regulation of prostitution. This approach consists of criminalising
those who pay for sexual services. First conceived and applied in
Sweden, this type of regulation of prostitution was subsequently adopted
by other Nordic countries and more recently by France. In addition
to criminalising the purchase of sexual services, the French law
of 13 April 2016 provides for accompanying measures to help prostitutes
leave prostitution. This approach has led to a very lively debate
with, among other things, a question of constitutionality raised
by nine associations, including Médecins du Monde. In February 2019,
the Constitutional Council decided on this issue that the standards
concerned are in conformity with the French Constitution. Beyond
the moral and philosophical questions that this subject leads us
to ask, it seems necessary to me, four years after the introduction
of “client criminalisation” in the French legal system, to carry out
an assessment of the impact that this has had on the prostitution
system and on trafficking in human beings. On 20 November 2019,
I took part in a meeting of the Delegation for Women's Rights and
Equal Opportunities for Men and Women, of which I am a member within
the French National Assembly. The purpose of the meeting was for
me to make a budgetary assessment of the 2016 law aimed at strengthening
the fight against the prostitution system and supporting prostitutes.
The findings were as follows: a slow and uneven enforcement of the
law on quitting prostitution on the French territory and the need
to speed up the dynamic generated by this law to provide the best
possible assistance to women victims of prostitution.
10. The in-depth “Study on the Gender Dimension of Trafficking
in Human Beings” published by the European Commission in 2016 put
forward a wide range of gender-sensitive recommendations. It recommended,
inter alia:
put
forward a wide range of gender-sensitive recommendations. It recommended,
inter alia:
- ensuring that specialised gender-sensitive services are provided to victims of trafficking, differentiated according to the type of trafficking they have suffered;
- ensuring funding for independent non-governmental organisations (NGOs) and gender-specific shelters to adequately meet the needs of victims;
- reducing gender inequalities in employment, making it easier for women to leave trafficking situations and to have access to a sustainable livelihood.
11. The importance of the gender perspective is unanimously recognised
by all international bodies involved in the fight against trafficking,
from the United Nations specialised agencies to the European Union
and the Council of Europe, but also by NGOs and independent experts.
12. Mr Coaker's report and the draft resolution refer to several
subjects which are relevant to the Istanbul Convention, such as
forced marriages and forced prostitution, without mentioning the
Convention itself. Indeed, the issue of marriages contracted using
force shows precisely the relevance of this convention to the subject
dealt with in this report. It is important to recall that Article
37 of the Istanbul Convention introduces an obligation for Parties
to criminalise forced marriage. Moreover, Article 32 aims at facilitating
the annulment of marriages contracted by the use of force. Article
59 supplements these provisions by introducing the obligation to
grant an autonomous residence permit to victims of forced marriage
in the event of dissolution of the marriage.
13. The draft resolution and recommendation adopted by the Committee
on Migration, Refugees and Displaced Persons represent an opportunity
to remind Council of Europe member States, observer States and partners
for democracy of the importance of adopting this type of approach
in order to combat trafficking more effectively. I therefore consider
it essential, while strongly supporting these texts, to introduce
an explicit reference to the gender dimension.
14. Furthermore, it is essential that the draft resolution draw
member States’ attention to the relevance and importance of the
Istanbul Convention, with an appeal to sign and ratify it for those
who have not done so.
15. The proposed amendments can only strengthen the texts adopted
and make them more appropriate in the current context.