Migration connected with trafficking in women and prostitution

Migration connected with trafficking in women and prostitution

Doc. 9795

25 April 2003

Committee on Equal Opportunities for Women and Men

Rapporteur: Ms Zwerver, Netherlands, SOC

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Summary
Migration linked to trafficking in women and prostitution is one of the most dark features of the lack of equality between women and men. This form of migration has developed into a gigantic, highly organised criminal trade linked to the exploitation of women. The main reasons for female emigration are poverty, discrimination against women, unemployment, under-education, lack of resources and political and economic instability. Some women are also motivated to leave their country in order to have the opportunity to work abroad and see something of the world. Another reason is that the situation of prostitutes in other countries is sometimes even worse in the countries of origin than in the receiving countries due to their illegal status.

Criminal organisations are often involved in migration linked to the trafficking in women and prostitution. They exploit the fact that while there is high demand for immigrant labour, there are now fewer opportunities for legal migration in Europe. In fact, there is a high demand for workers who don’t put their standards too high.

Various migration flows linked to trafficking in women and prostitution can be seen in present-day Europe, originating in the Balkans, Central Europe and Eastern Europe. There is also trafficking in women within these countries.

It is essential that European countries react firmly and in a co-ordinated manner to the problems posed by migration connected with trafficking in women and prostitution.

I. Draft resolution

1. Migration linked to trafficking in women and prostitution is one of the most dark features of the lack of equality between women and men. The Assembly is alarmed by the development of this form of migration into a gigantic, highly organised international criminal trade linked to the exploitation of women.

2. The Parliamentary Assembly recalls and reaffirms Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member states and Recommendation 1545 (2002) on a campaign against trafficking in human beings. These Recommendations define trafficking in human beings as a human rights issue, which entails the violation of women’s dignity and integrity, their freedom of movement and, in some cases, their right to life.

3. Trafficking in human beings and migration connected to it is blossoming because of the gap between poor and rich countries, the lack of opportunities for young people to build up an existence, and the deprived position of women in many countries, which make them especially vulnerable to exploitation in the sex industry. The poor economic situation in the countries of origin is exploited byorganised crime in both the countries of origin and of destination.

4. The Assembly notes that the deficit in labour supply in some countries of destination creates a demand for immigrants. When legal migration does not cover this deficit, the incentive and room for illegal migration and trafficking increases. Repressive migration policies and the resulting illegal status of women in the destination countries made migrant women more dependent on and more vulnerable to various forms of exploitation and abuse.

5. The Assembly recalls its Recommendation 1489 (2001) on transit migration in central and eastern Europe and reiterates the importance of the elaboration of a European strategy in the field of migration policy aimed at developing legitimate migration opportunities. This should allow some women to avoid being trafficked by mitigating any need to engage with traffickers to effect their migration.

6. It is also a matter of urgency to elaborate an effective European common strategy facilitating economic recovery policies, which will increase socio-economic and political stability in countries of origin and will decrease poverty migration and reduce supply factors of trafficking and demand factors of prostitution. The root causes of economic perspectives in the countries of origin should be tackled through economic co-operation, trade expansion, development assistance and conflict prevention.

7. The Assembly is very concerned by the involvement of international organised crime in migration connected with trafficking in women and prostitution. It urges European states to develop legislation for specific trafficking crimes and related offences, which should include harsh penalties for perpetrators of such crimes.

8. The Assembly considers that the main attention in the fight against trafficking in women should be given to the status and rights of victims (e.g. regarding residence and in criminal proceedings), including their physical protection as well as assistance and support. It is important to ensure that victims of trafficking are protected from further victimisation, whether or not they testify against the traffickers.

9. The Assembly accordingly calls on Council of Europe member states to:

A. General measures:

i. nominate a national Rapporteur on Trafficking in Human Beings in each member country;

ii. adopt effective measures to improve the economic situation in countries of origin, including the improvement of social protection and the creation of employment opportunities;

iii. better identify imbalances in labour markets in destination countries, and to promote selective immigration and effective integration policies;

iv. take measures to reduce the demand for the activities of persons trafficked for the purposes of sexual exploitation, forced labour or slavery;

B. Migration policies improvement measures:

i. take effective decisions in the field of migration policy aimed at developing legitimate migration opportunities ;

ii. encourage the signing of bilateral agreements between the countries of origin and destination countries on short-term labour migration contracts;

iii. adopt migration policies to assist victims of trafficking and migrant prostitution in their rehabilitation and reintegration in society;

iv. regulate and monitor agencies, such as bridal, employment, tourist, au pair and adoption bodies in order to penalise those which co-operate with criminal groups of traffickers;

v. provide the victims of trafficking with residence permits on humanitarian grounds;

C. Preventive measures:

i. set up data banks and promote the exchange of information on the various aspects of migration connected to trafficking in human beings;

ii. promote awareness-raising campaignsand understanding of how the traffic operates, and introduce measures to prevent illegal migration;

iii. co-operate with non-governmental organisations which provide expertise in women’s human rights, labour rights and anti-trafficking activities;

iv. develop international co-operation between special police units dealing with trafficking in human beings;

v. organise special anti-trafficking sensibilisation programmes for judicial, law enforcement, medical and social workers and consular and immigration services;

vi. develop interpretative commentaries for judges and other officials as well as comprehensive procedural guidelines for police and immigration officers on the prevention and prosecution of trafficking offences;

D. Legal measures:

i. at the international level

a. strongly support the idea of the Council of Europe Convention on trafficking in human beings, which will bring an added value to other international instruments with its clear human rights and victim protection focus and the inclusion of a gender perspective;

b. sign and ratify the United Nations Convention Against Transnational Organised Crime and its additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo protocol) if they have not yet done so;

ii. at the national level

a. appoint prosecution officers specially trained to deal with trafficking in human beings in all regional and national prosecutor’s offices;

b. introduce harsh penalties for this type of trafficking and forced prostitution;

c. encourage victims of trafficking and witnesses to testify against the traffickers in courts, and provide those willing to testify with security protection during the investigation and trial and any subsequent period when their safety is under threat;

E. Victim protection measures:

i. enable female immigrant victims of trafficking and forced prostitution to return home in dignity and security, if they so desire;

ii. elaborate guidelines enabling the rapid identification of victims of trafficking and providing assistance to them;

iii. ensure that victims of trafficking are not held in immigration detention or other forms of custody;

iv. provide all victims of trafficking with the necessary rehabilitation assistance, including accommodation, health care and counselling;

v. provide financial assistance to non-governmental organisations that implement protection programmes and initiatives for victims of trafficking.

II. Draft recommendation

1. The Parliamentary Assembly refers to its Resolution … (2003) on migration connected with trafficking in women and prostitution.

2. The Assembly considers that this type of migration, which has developed into a gigantic, highly organised international criminal trade linked to the exploitation of women, cannot be combated effectively by member states acting on their own.

3. Therefore, the Assembly recommends to the Committee of Ministers to:

i. take as soon as possible the decision to begin the drafting of the Council of Europe Convention on trafficking in human beings, which will bring an added value to other international instruments with its clear human rights and victim protection focus and the inclusion of a gender perspective;

ii. closely involve the Parliamentary Assembly in the drafting of the Convention and provide the necessary financial resources to bring this work to a rapid conclusion ;

iii. ask the European Committee for the Prevention of Torture (CPT) to investigate the conditions of detention and deportation of the victims of trafficking in detention centres, prisons and deportation centres of Council of Europe member states;

iv. instruct the relevant intergovernmental committees:

a. to draft programmes aimed at assisting member states with legal reform initiatives, including drafting comprehensive anti-trafficking laws and amending penal codes and immigration laws in conformity with international law on trafficking in human beings;

b.to organise a round table on the different views on prostitution in Council of Europe member states.

III. Explanatory memorandum by Ms Zwerver

Introduction

1. Migration from East to West Europe linked to traffic in women and migrant prostitution has grown since the collapse of the Berlin Wall, as a result of two factors: the opening up of borders in eastern Europe and the poverty of the former communist countries, factors which have directly affected women in those countries. Before the collapse of the Berlin Wall most trafficked women came from South East Asia and Latin America.

2. Another feature of post-1989 Eastern Europe is the increase in organised crime. Taking advantage of western countries’ “drawing power”, many criminal organisations have set up in the business of “exporting” women to put them to work in sectors where access to information and social assistance is very limited. The European Commission estimates that 120 000 women and children are trafficked into Western Europe each year.

3. Young women are enticed by offers of employment abroad as dancers, bar hostesses or au pairs and end up, sold and in debt, on the pavements of some unknown country. Even those who know that they are heading into prostitution have no idea of the violence in store for them and they are misled about the conditions they have to work in.

4. The phenomenon has taken on such dramatic proportions in Europe and the rest of the world that many European organisations are now considering how to counter a trade which comes third in the league table of profitable crime, behind only drugs and arms smuggling.

5. The Committee on Equal Opportunities for Women and Men organized a colloquy on the migration connected with trafficking in women and prostitution, which was held in The Hague on 14-15 November 2002. The participants of the colloquy held an exchange of views on the situation in different regions of Europe connected to various migration flows linked with women trafficking and prostitution. The representatives of the International Organization on Migration shared their experience in working out world strategies regarding migration connected to trafficking in human beings and the practical implementation of those strategies in their field offices. The participants of the hearing had a unique possibility to study in details the Dutch example of the legalisations of prostitution and itsimpact on the situation of legal and illegal prostitutes and the victims of trafficking. They had discussions with the members of the Foundation ”de Rode Draad”, the foundation of sex workers the main aim of which is to help sex workers in difficult situations, linked with their job and to provide them with legal assistance, shelters and necessary information on working conditions. The Committee also visited the Prostitution Information Centre in Amsterdam. This Centre provides information to all visitors regarding the development of the prostitution business in Amsterdam. It also distributes information on the main rights, working conditions and security of girls working in this business. As a result of this hearing a list of recommendations was drawn up and added to this report.

6. The report seeks to draw further attention to the gravity of the problem of migration linked to traffic in women and prostitution. Even though there are no reliable statistics on the subject it is possible to identify a migration pattern. Countries divide into countries of origin, transit countries and destination countries. (Some countries, like Poland, are countries of origin, transit and destination at the same time.) Council of Europe member states include all three types. Specific measures are needed in relation to each of these groups of countries.

I. Definitions and Council of Europe work in this area

7. Several organisations have produced definitions of trafficking in women – they include the International Organisation for Migration (IOM), Europol and the European Commission. Following on from these organisations’ work on the question, the Council of Europe in turn has defined the term.

8. In Recommendation 1325 (1997) the Council of Europe Parliamentary Assembly defined traffic in women and forced prostitution as any legal or illegal transporting of women and/or trade in them, with or without their initial consent, for economic gain, with the purpose of subsequent forced prostitution, forced marriage or other forms of forced sexual exploitation. The use of force may be physical, sexual and/or psychological, and includes intimidation, rape and abuse of authority or of a position of vulnerability.

9. Committee of Ministers Recommendation Rec(2000)11 of 19 May 2000 defines trafficking in human beings for the purpose of sexual exploitation as “the procurement by one or more natural or legal persons and/or the organisation of the exploitation and/or transport or migration – legal or illegal – of persons, even with their consent, for the purpose of their sexual exploitation, inter alia by means of coercion, in particular violence or threats, deceit or abuse of authority or of a position of vulnerability”.

10. An international definition of trafficking is given in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Trans-national Organized Crime (Palermo, 2000). It says that ””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.”

11. Speaking about the definition of trafficking in human beings it is important to make a distinction between “illicit labour” and “forced prostitution”. Only when a situation is comparable to slavery, exploitation can be regarded as trafficking in human beings.

12. A distinction should also be made between smuggling and human trafficking. Migrant smuggling is assisting people for money or other gain to enter or stay in a country illegally; in this case the territorial integrity of a state is at stake. Sometimes, the conditions under which people are smuggled may be so bad or degrading that the smuggled persons themselves can in fact, in a practical sense also be called victims. Trafficking in human beings is by definition a serious violation of human rights and personal integrity.

13. Migration linked to traffic in women and prostitution has two distinctive aspects: its illegality and the criminal organisation behind it.

14. Most of this migration is controlled by powerful international criminal networks: this is an extremely lucrative market and creates ideal conditions for corruption, even in western European countries.

15. Specifically migratory aspects aside, trafficking in people is primarily a human-rights issue. In recent years, numbers falling victim to the traffic have risen steeply.

16. Overall, obviously, no one country has the resources to solve the problem on its own. The Council of Europe, which has the main countries of origin, transit and destination among its members, seems ideally placed to co-ordinate such action.

17. The Council of Europe Parliamentary Assembly has raised the issue several times, in particular in the recommendation mentioned above.

18. A good example of the value of international dialogue in migration management was the European Conference against Trafficking in Human Beings, organized in September 2002 by the International organization on Migration and the European Commission. Its “Brussels Declaration” can be considered as a compendium of good practices and lessons learned.After some years of development of a comprehensive policy, the Conference provided yet another important milestone in the fight against human trafficking which invited actors to take the next crucial steps towards reinforcing efforts to implement best practices identified in a comprehensive and co-ordinated European approach.

19. This Declaration calls upon the coalition of committed governments, international bodies and NGOs to take concrete measures and to intensify co-operation in the fields of prevention, victim protection and assistance, and police and judicial co-operation, in particular with a view to achieving a swift and sustainable reduction of trafficking in human beings.

II. The present forms and the causes of migration linked to trafficking in women and prostitution

20. There seems to be a world-wide agreement on the fact that trafficking in human beings and migration connected to it is blossoming because of the gap between poor and rich countries, the lack of opportunities for young people to build up an existence, and the deprived position of women in many countries, which make them especially vulnerable for exploitation in thesex industry. Therefore, the root causes of this problem should be addressed in order to reduce the economic and social inequality and disadvantages, which provoke illegal migration.

21. Working in the sex industry is no mere sum total of personally preferred or privately chosen behaviour patterns but undoubtedly an organised system – which has now been globalised and industrialised – with links to the criminal world. Migrantprostitution and procuring have become more and more inseparable. Procuring is an organised activity of small, medium-sized or large networks, which interlink with criminal organisations. The traffic routes are fully-fledged businesses in which maximum profit is the key objective. Even though many migrant women working as prostitutes say they are independent, they face various pressures and few do not end up under procurer control of one kind or another. In addition the procurers cover their tracks by using more and more complex transit routes to move from country to country and by constantly increasing the distance – and the number of middlemen – between themselves and the prostitutes they are exploiting.

22. Research in the Netherlands shows that drugs and trafficking in women rarely go together. There is a high risk involved in drug trafficking and much cash is needed. Trafficking in women asks for other investments, especially time. Drugs are very lucrative and very risky, trafficking in women is very labour intensive and only lucrative in high quantities.

23. Migration connected with trafficking in women and prostitution can be explained by lack of prospects in the country of origin, including women’s experience of poverty and social exclusion. Unemployment and lack of education, which, in practice, affect women more than men, are further contributory factors. Women in central and eastern European countries have been particularly affected by the rise in unemployment that has followed those countries’ painful transition to the market economy. The desire to migrate can seldom be met through legal channels since western countries have clamped down on immigration. The restrictions encourage the setting up of networks that exploit the desire to migrate. In addition, the economic situation means that, without realising the full implications, many women deliberately resort to prostitution as a means of earning a living.

24. Immigrant women tend to be forced to work in sectors where access to information and welfare networks is limited, which makes them even more vulnerable to exploitation and violence. Some women are forced to labour in underground workshops. They have no residence or work permits and are thus totally dependent on their employers administratively and financially. Another form of exploitation is domestic slavery. The inhuman conditions in which the female domestic slave is forced to live are maintained by nothing less than a reign of terror (Parliamentary Assembly Recommendation 1523 (2001)).

25. Procurers’ victims are kept under close watch; sometimes the threat to inform the family is enough. Lodged in hotels, prostitutes are frequently guarded by a woman. The people really in charge may be living in a neighbouring country or may remain in their country of origin.

26. Threats of reprisals against the family are a formidable weapon for maintaining a climate of fear. The procurers use it to keep victims under even tighter control and to deter them from talking to the police.

27. Many trafficked women also suffer beatings, rape, psychological coercion, and serious health problems from sexually transmitted diseases. Refusal to obey traffickers and employers can lead to fines, physical violence, and even death.

28. On top of the violence, surveillance and threats, there is the fear, which victims have of being discovered by the police without proper papers.

29. Despite the efforts of the Council of Europe and other international organisations to combat migration linked to traffic in women and prostitution, the migration continues to flourish in Council of Europe member countries.

30. Countries can be divided into countries of origin, transit countries and destination countries. A full assessment of the situation is difficult as a country may be simultaneously a country of origin, a transit country and a destination country. In addition, relevant statistics are incomplete because the migration is illegal and underground, legislation to combat it is lacking, and the victims are unwilling to speak up.

31. In 2000 a new legislative Act came into force in the Netherlands, lifting the ban on brothels. At the same time, the legislation on the unacceptable forms of prostitution has become more severe. Trafficking in people with the aim of forced prostitution and forced prostitution of minors are considered as serious offences. By legalising the employment of prostitutes the government is thought to have more control over the sex industry and more possibilities to counter abuses.

32. The prohibited forms of prostitution tend to take place in the unregulated sector of prostitution (such as streetwalking or mobile forms of prostitution). Forced prostitution and the prostitution of minors are especially at riskin the unregulated sector.

33. One of the first outcomes of an evaluation of the new Act in the Netherlands shows that there is no confirmation for an often assumed large-scale escape of prostitutes into theunregulated sector.

III. Migration connected with traffic in women and prostitution (see also appendices 1 and 2)

1. The former Soviet Union – Russia and the Baltic states

34. According to the IOM, in the past two years Russian border guards have intercepted five thousand Russian women trying to leave the country with non-valid papers. The majority were going to Turkey, Italy, Germany, Bulgaria or Finland. While the interceptions do not necessarily imply involvement of traffickers, Russian women are the third largest group of victims of trafficking into Germany, after Lithuanian and Ukrainian women. IOM statistics on repatriated persons likewise suggest considerable trafficking out of Lithuania.

2. The Balkans

35. The Balkans are a special case when it comes to migration related to traffic in women and prostitution: the main countries of origin are there, while some Balkan countries are also transit and destination countries. The Balkans have what can only be described as women markets. Bosnia’s notorious “Arizona Market” is one example – it sells every possible commodity, including women.

36. Traffic in women for sexual exploitation has become a serious problem in Bosnia and Herzegovina. The country is primarily a destination one. According to the International Police Task Force a third of the foreign prostitutes in Bosnia and Herzegovina say they arrived there as a result of trafficking. Most of the trafficking victims are from Moldova, Romania and Ukraine. The age range is sixteen to thirty-three, with an average age of twenty-three. Five per cent are under age. Unable to subsist in their own countries, many of these women succumb to newspaper advertisements promising well-paid employment abroad. Many are sold, purchased in Belgrade and then moved to Bosnia and Herzegovina. The traffickers cow them into submission by isolating them and not allowing them to leave their lodgings without permission or unescorted. Their papers are usually confiscated as soon as they enter the country.

37. In Bosnia and Herzegovina prostitution and the “white slave trade” are a flourishing economic sector because of the presence of the “international community”, as the hotchpotch of organisations composed of the United Nations, SFOR (the multinational peacekeeping force) and the OSCE is termed locally. The presence of tens of thousands of foreign military and civilian male personnel in possession of foreign currency guarantees steady demand in the brothels in which an increasing number of women are coerced into selling their bodies.

38. The problem has spread to Kosovo, which has recently become a “prostitution oasis”. The market there, a highly complex one, is growing in response to demand, and trafficking has boomed since the end of the conflict. Since June 1999 restaurants and bars have mushroomed in Pristina, with the local clientele as big as the foreign one. According to the IOM almost half of the women brought into Kosovo illegally are from Moldova, and the others from Ukraine, Bulgaria and Romania. Some are taken from Kosovo to Albania, and then sold to organised criminal networks operating in Western Europe. The women’s passports are confiscated, and their resistance is broken by rape and ill treatment. Most receive no wages and are kept in servitude on the pretext of supposed debts, which they must repay in full before they can be released. Such women have few options. If they manage to escape, they find themselves in hostile, unknown territory.

3. Central Europe

39. Since the democratic transformation of central Europe in the early 1990s, the region’s migration patterns have changed greatly. The recent liberalisation of their migration policies (making it easier to cross borders), their geographical location, improved economic prospects, the resultant opportunities, and their inexperience in combating unlawful immigration all mean that the central European countries now face huge migration connected to traffic in women and prostitution. The problem is exacerbated by those countries’ not having visa requirements for entry. Generally speaking, there are two categories of migration here: with the first, the intention is to remain in the central European country for some time; with the second, the aim is to continue to a western destination and the central European states are only transit countries, being adjacent to the main destination countries. They are also countries of origin for trafficking and consequently they fall into all the categories of country connected with traffic in women and migrant prostitution.

40. In 2001 and 2002 there was a tendency for the region to become more attractive as a destination country. For example, the Polish authorities recorded a 202% increase in the number of Afghan nationals detained in that country in 2002. A large percentage of third country nationals entered the region with the assistance of traffickers. In 2001, the number of people claiming asylum in Hungary, Lithuania, Romania and Slovakia rose significantly.

4. Western Europe

41. Western European countries are the main destination for migration connected with traffic in women and prostitution. Interpol estimates that there are some 300,000 women from eastern European countries engaged in prostitution in Western Europe.

42. The lack of any specialist monitoring body to prevent and combat the migration facilitates this state of affairs. Migrant prostitution is everywhere on the increase and countries’ treatment of it varies. The individual who engages in migrantprostitution is not in fact regarded as committing a crime. In all countries except Spain and the Netherlands, procuring in any form is an offence. Sweden is the only country where the purchase of sexual services is completely outlawed.

43. The lack of reliable data on migration connected with traffic in women and prostitution in various parts of the world, including western Europe, is another problem but information does exist and, however incomplete, indicates the scale of the phenomenon and the recent developments.

44. According to IOM data 10% to 20% (2,000 to 6,000) of the 20,000 to 30,000 illegal female migrants who enter the sex industry in Italy each year are trafficked. In Greece, research has shown that just over half of trafficked women are from Russia or Ukraine, while a third are from the Balkans and a small percentage from Asia and Africa. Trafficking to Belgium tends to be from Nigeria, China, Albania, Romania, Russia and Bulgaria. The majority of females trafficked to the Netherlands would appear to be from central and eastern Europe. Most victims in Germany were from the former Soviet Union and elsewhere in Eastern Europe. In France, according to the central anti-human-trafficking office, 12,000 to 15,000 people were engaged in prostitution in 2000. All the eastern European nationalities were involved. The Romanian, Hungarian, Bulgarian, Czech, Croatian and Serb women working as prostitutes in the early 1990s had been joined by young Russians, Ukrainians, Slovaks, Moldavians, Slovenes and Latvians. Albanian women from Kosovo, Macedonia and Albania began appearing in 1997.

45. Switzerland is a special case, not being a member of the European Union or the Schengen area. It is a destination country. The countries of origin for migration into Switzerland are Poland, Russia, the Czech Republic, Latvia and Albania. The recent increase in the numbers of sex workers in some parts of the country, especially the cantons of Ticino, Aargau and Solothurn, is worrying on account of deregulation and the increase in uncontrolled prostitution, which is less professional and often concentrated in clubs or discos in outlying parts of cities, along major roads. Competition in this market is fierce and prices have fallen, making prostitutes’ working conditions increasingly difficult. Under greater pressure, they are inclined to take more risks and sometimes to offer or agree to unprotected intercourse. The women involved, the vast majority of who are immigrants, are often in Switzerland illegally or on a dancer’s permit.

46. In many Western European countries the interests of victims of trafficking still seem to be made completely subordinate to the interests of the prosecution of traffickers. In practice, it means that the victims of trafficking are first exploited by the traffickers and consequently, as “disposable” witnesses by the criminal justice system.

47. Trafficking in women is also identified in Western Europe with illegal migration, shifting the focus from combating violence and abuse to combating illegal entry and residence. Under the denomination of fight against trafficking repressive immigration measures, such as tightening visa policies, stricter boarder control, closer supervision of mixed marriages, the criminalization of third parties who facilitated illegal entry or stay are taken. These measures are aimed more at protecting the state against illegal migration rather than at protecting women against violence and abuse. Moreover, repressive migration policies and the resulting illegal status of women in the destination country made migrant women more dependent on and more vulnerable to various forms of exploitation and abuse.

IV. Combating the varieties of modern slavery

48. The resources available to the authorities for combating these various types of slavery are grossly inadequate, given the seriousness of the situation. Introducing the collective measures that are needed if international criminal networks are to be countered more effectively has long been hampered by countries’ legitimate attachment to their national legal systems.

49. Countries need to be co-operating at pan-European level in the management of migratory flows, and the Council of Europe is best placed to co-ordinate the efforts. International co-operation should be developed between special police units dealing with trafficking in human beings.

50. The first thing that needs working on is information. We need to set up a data bank and exchange information on the various aspects of this type of migration. Countries’ experience needs pooling so that the various methods used to combat this migration can be analysed.

51. No less essential are collective steps to locate and close down the routes by which women are “exported”.

52. As will be evident from this report, it is relatively clear which are the countries of origin, the transit countries and the destination countries in migration linked to traffic in women and prostitution. Council of Europe member countries must accordingly step up bilateral and multilateral preventive co-operation. Prevention can be reinforced by developing routine police co-operation on this matter at European level.

53. National migration policy needs harmonising within the Council of Europe area; regard being had to the particular features of the different groups of countries (countries of origin, transit countries and destination countries).

54. In the countries of origin the emphasis must be on prevention. Avoiding young womenbeing lured abroad with false promises is undoubtedly the most effective way of combating trafficking. Good information is needed about working conditions, rights and duties of migrants.

55. Steps also need taking to improve women’s lot in the countries of origin.

56. It is equally important to educate the people dealing with this type of migration in the countries of origin, enable them to exchange information and provide them with special training. Sometimes border officials are incapable of detecting trafficking, far less stopping it, for sheer lack of training.

57. Another problem in some countries of origin is shortage of staff. In Moldova, for example, the police unit responsible for combating human trafficking has only nine staff and is thus incapable of taking effective counter-action. This type of country needs more help in staffing the units set up to combat migration of this kind.

58. The transit countries are strategically important in that they have a possible role to play in stopping this type of migration. Here, too, efforts must focus on special training for staff and on transit countries’ exchanging information with countries of origin and destination countries.

59. Measures should be adopted to afford victims of trafficking the opportunity to cooperate effectively and safely with law enforcement officials. They should include stays of deportation; exempting trafficked persons from detention and prosecution for offences directly relating to their trafficking; giving them theopportunity to seek justice and compensation for abuses they have suffered; guaranteeing their personal safety and the safety of their family members; facilitating their safe and humane repatriation; and offering alternatives if such repatriation is not possible, including third country resettlement.

60. Aid to victims is one of the areas in which destination countries’ law has serious shortcomings. A migration policy towards victims would be a valuable weapon in combating the traffic. If destination countries were to start issuing them with residence permits on humanitarian grounds it might encourage victims to give evidence and help dismantle the migration routes.

61. The problem of deportation of the victims of trafficking from the destination countries should urgently be solved. Some countries ensured an adequate return of victims informing the relevant authorities of the countries of origin, but a lot of countries use a humiliating practice of deportation. The victims of trafficking need special assistance upon their return home.

62. Traffickers and smugglers are in fact exploiting a growing demand in destination countries. Law enforcement efforts should be supported and should address the root causes of migration. Replacing irregular with regular migration is the best way to undercut the appeal of the traffickers and smugglers. Bilateral agreements could be signed between relevant European countries on short-term labour migration contracts.

63. The relevant governmental authorities of destination countries (Ministry of Interior, Ministry of Foreign Affairs, etc.) should consult with consular authorities of countries from which trafficked women originate in order to inform them on the situation and to coordinate safe, voluntary repatriation of victims of trafficking and assistance to trafficked women.

64. Also important is training for immigration officials, particularly at consulates, which issue visas. Staff needs thorough training in the problem and up-to-date information on the methods, dynamics and trends as regards migration linked to women trafficking and prostitution. Rules likewise need introducing to allow immigration officials to perform mid-visit checks even where visitors to a destination country have the required papers.

65. At pan-European level very careful consideration should be given to harmonising national law, having regard both to human rights and the requirements of combating the traffic. The Assembly accordingly stresses once again the importance of drafting a convention on traffic in women, with the emphasis on protecting the victims.

Conclusion

66. Migration linked to trafficking in women and prostitution has developed into a gigantic, highly organised international trade in exploitation of women. One of its distinguishing features is great mobility from city to city and country to country, notably in border regions.

67. Despite international organisations’ efforts to combat the trade, the various conventions available lack teeth, and this makes it difficult to standardise a national response to the problem and to establish co-operation.

68. Co-operation is one form of action, which is indispensable. Countries of origin and transit countries need to be closely involved in it. One important measure in these countries is information and awareness-raising campaigns to alert the public to the seriousness of the problem.

69. Migration linked to trafficking in women and prostitution is an affront to human decency. The violence inflicted on the victims is undoubtedly what all the forms of modern slavery have in common. For that reason the Council of Europe member states have a duty to take all possible steps to counter it.

70. The Assembly accordingly calls on Council of Europe member states to:

i. nominate a national Rapporteur on Trafficking in Human beings in each member country;

ii. sign and ratify the UN Convention Against Transnational Organised Crime and its additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo protocol) if it has not yet been done;

iii. strongly support the idea of the Council of Europe Convention on trafficking in human beings, which will bring an added value to other international instruments with a clear human rights focus and the inclusion of a gender perspective;

iv. take effective decisions in the field of migration policy aimed at developing legitimate migration opportunities (particularly for women);

v. introduce harsher penalties for this type of trafficking and forced prostitution;

vi. address the reduction of the demand for the activities of persons trafficked for the purposes of sexual exploitation, forced labour or slavery;

vii. adopt migration policies to assist victims of trafficking and migrant prostitution in their rehabilitation and reintegration in society;

viii. ensure that victims of trafficking are not held in immigration detention or other forms of custody;

ix. co-operate with non-governmental organisations which provide expertise in women’s human rights, labour rights and anti trafficking activities;

x. provide financial assistance for non-governmental organisations that implement anti-trafficking programs and initiatives;

xi. in co-ordination with UNHCR officers, ensure that victims of trafficking will have the opportunity to seek asylum; gender based persecution should be explicitly recognised as a ground for asylum;

xii. enable female immigrant victims of ill treatment to return home and to ensure their security.

71. The Assembly can also recommend to the Committee of Minister to ask the relevant intergovernmental Committee to organize a round table on the different views on the problem of prostitution in Council of Europe member States.

72. The Committee of Ministers can instruct relevant Council of Europe services to launch programs in order to assist member states with legal reform initiatives including drafting comprehensive anti-trafficking laws and amending penal codes and immigration laws in conformity with international law on trafficking in human beings.

73. It also can ask the European Committee for the Prevention of Torture (ECPT) to investigate the detention and deportation of the victims of trafficking in detention centres and prisons of the Council of Europe member-states.

Appendix 1

Countries of origin, transit countries and destination countries – some examples

Countries of origin

Moldova – According to Reuters, which also quotes the IOM, Moldova is the country with the highest rate of migration connected with trafficking in women and prostitution. According to a report by Italian Member of Parliament Elisa Pozza Tasca, some 3000 Moldavian girls were working as prostitutes in Italy in 2001. Criminal gangs buy a girl for $150 and then resell her for $5000.

The country’s economic and social crisis is the main factor behind this migration. Moldova is Europe’s poorest country after Albania. More than 90% of the population must live on less than one dollar per day and people are accordingly keen to leave. The police cannot stop the traffic in women, since the majority of those who leave the country do so legally. It is therefore very difficult to intercept potential prostitutes, especially as the police unit responsible for combating traffic in human beings has only nine officers.

The practice of selling visas for western countries at elevated prices is another problem. Corruption among customs officers and border police is notorious. In July 2001 the Moldavian parliament added an article on people trafficking to the criminal code.

Young women are potential victims for traffickers, who exploit their youth, naivety and frequent lack of education. They recruit them through newspaper advertisements offering lucrative employment abroad.

Whatever the recruitment method, the route taken is the same. The victims cross legally into Ukraine and Romania, which do not require visas. They are then grouped together in towns such as Cahul and Vulcanesti, where they are sold and taken to Romania. According to the IOM, the Romanian town of Timisoara is the largest centre for the sale and purchase of women. From there they are sent to Turkey, Italy, Cyprus, Greece or former Yugoslavia.

The Balkans, where proper controls are lacking, is the traffickers’ main destination. The girls are often supplied to the western troops deployed in former Yugoslavia.

The main destination countries in Western Europe are Italy and Belgium. 10,000 Moldavian girls, 30% of whom are under age, are reportedly working in Italy as prostitutes, some voluntarily, most under varying degrees of duress. According to Alexis de Suremain, of the organisation Pharmacists without Frontiers, the trade earns Moldova a hundred to two hundred million dollars a year. Illegal labour, he says, is worth more to Moldova than subsidies from the IMF and World Bank combined and is therefore quite a boost to the balance of trade.

Ukraine – The problem of migration related to trafficking in women and prostitution is almost identical in Ukraine. Tens of thousands of women are sold each year. In recent years, Ukraine has replaced Thailand and the Philippines as a centre for traffic in women.

The root problem is the country’s economic situation: women account for two-thirds of the unemployed. In this context, looking for work abroad is seen as a question of survival. However, the devastated economy is not the only factor. Another is the social situation. For the first time, women in Ukraine have the right and opportunity to leave their parents and towns of their own volition. Girls are seizing every opportunity to leave their towns or villages to find work.

All the girls are “recruited” in the same way, through newspaper advertisements offering work in a foreign country. A typical advertisement used by traffickers in Kyiv reads: “Girls: must be pretty, young and single. Come and work as models, secretaries, and dancers. It is essential to apply in person.” Later, the advertisements began to disappear from newspapers in the cities and reappear in the provinces.

One of the destination countries for trafficking- and prostitution-related migration is former Yugoslavia. The approach is identical. It starts with a newspaper advertisement offering work in Italy. The traffickers tell the victim that it is impossible to obtain a visa for Italy, so they must cross former Yugoslavia and then take a ferry for Italy. In reality, once in former Yugoslavia the girls have their papers confiscated and are forced to work as prostitutes.

The problem of migration related to trafficking in women and prostitution is not easily solved in Ukraine. The criminals run no great risk in taking women out of the country since most leave willingly. In addition there is little co-operation between countries and traffickers go virtually unpunished.

On 13 April 1998 the Ukrainian President, Leonid Kuchma, signed a law making traffic in human beings a criminal offence. The Ukrainian parliament passed it on 24 March 1998. Under the new law, traffic in human beings for the purpose of sexual exploitation carries a penalty of three to eight years’ imprisonment.

Bulgaria – Bulgaria is another country of origin for this migration but it is also a transit country. The reasons for the migration are identical to those in the other countries. An unrealistic view of Western Europe is discernible in Bulgaria and makes trafficking easier.

The destination countries here are Germany, Belgium, the Netherlands and France; the transit countries are former Yugoslavia, Romania, the Czech Republic, Poland and Hungary. Another route goes to Italy, Greece and Turkey. Before April 2001, traffic in Bulgarian women was easier towards the former socialist countries as these countries did not require visas. Since then no visa has been required of Bulgarian nationals entering the Schengen countries either, and there are no longer any obstacles to trafficking. However, even before April 2001 there was considerable migration connected with trafficking in women and prostitution. One alarming element, when a Bulgarian prostitution network in France was dismantled, was the discovery of extensive corruption in foreign consulates. On arresting several Bulgarian prostitutes, the French police discovered that they had work visas. The investigation uncovered various irregularities within the French embassy in Sofia that had made it possible to obtain the visas.

The high-risk areas as regards trafficking of this kind are the border areas in the north-east (Dobrich, Varna, Rousse) and the south-west (Blagoevgrad, Kiyustendil, Kurdjali, Petrich). There is a huge amount of women trafficking in these regions.

One group at particular risk is young girls from the countryside. After leaving secondary school, at age 17 or 18, they have few work prospects. For financial reasons most do not continue their studies. Girls in this category are potential victims of trafficking. The method of “recruiting” them is the same as in the other countries of origin.

Transit countries

Poland is in a special position with regard to migration connected with traffic in women and prostitution. It is a country of origin, a transit country and a destination country. The reason for this is its geographical location between the relative affluence of Germany and of the European Union generally and the relative poverty of Belarus and Ukraine. Since 1989 there has been massive migration through Poland. In many cases the traffickers work in co-operation with Polish criminal groups. The victims are from Russia, Ukraine, Belarus, Moldova, Romania and Bulgaria.

The “difficulty” of entering Poland depends on the country of origin. Although most women from Russia, the CIS or Eastern Europe can enter the country legally as tourists, it is very difficult and expensive to obtain a passport with a valid travel stamp. The “recruits” are reliant on the traffickers for the necessary entry documents. If a woman is under age or has already been deported, the traffickers can obtain a false passport or bribe customs officials. Once she is in Poland, false papers can be provided for continuing into Western Europe.

The German-Polish border accounts for the greatest number of attempted illegal crossings. Polish citizens do not need a visa, unlike Russians and citizens of other CIS states. It is extremely difficult to obtain visas. Traffickers use false passports and visas to “transport” women to the west. Once inside the Schengen area the women remain there, even when their visas have expired. Recent experience is that many Polish or foreign women travel independently to look for work but eventually fall into the traffickers’ hands.

Victims of trafficking are very dependent on the procurers. The traffickers keep their passports. The women are disoriented in the foreign country, speak almost no foreign languages and are reluctant to contact authorities of the country such as the police. In addition, they are regularly transferred from one town or country to another to prevent their making contact or finding their bearings.

Destination countries – the legal rules on female prostitution (some examples – Belgium, Denmark, Germany, Italy, the Netherlands, Spain, Sweden and the United Kingdom)

Differences between destination countries as regards national law are one of the main obstacles to combating migration linked to women trafficking and prostitution. Legal provisions range from prohibiting the purchase of sexual services to making procuring legal if prostitution is voluntary.

An individual’s engaging in prostitution is nowhere an offence. The last country to repeal criminal-code provisions under which individual engagement in prostitution was an offence was Denmark (in the Decriminalisation of Prostitution Act of 17 March 1999).

In most countries there are some forms of prostitution that are criminal offences. Soliciting is a prime example. In the Netherlands, Spain and Sweden, however, soliciting is not an offence.

In all countries except Spain and the Netherlands all forms of procuring are a criminal offence. In the Netherlands the law of 28 October 1999, which ended the general ban on establishments for consenting prostitution and came into force on 1 October 2000, repealed the criminal-code provision under which all procuring had been a criminal offence. It also added an article to the Municipalities Code allowing municipal councils to set the conditions for engaging in prostitution. Procuring is now legal where prostitution is voluntary.

In Sweden since 1 January 1999, when the law prohibiting purchase of sexual services came into force, prostitutes’ clients have been liable to a fine or a six-month prison sentence. Denmark and the Netherlands have recently prohibited the purchase of sexual services but only where the prostitute is under age. Without necessarily making buying sexual services a special criminal offence, all other countries, as part of combating paedophilia, have made it an offence to have sexual relations with children under a certain age, which varies from twelve to sixteen.

Although prostitution as such is not an offence in the countries considered, the Netherlands is at present the only country, which fully recognises it as an occupation.

Appendix 2

Measures by Council of Europe member states to combat migration linked to trafficking in women and prostitution (information from member states’ replies to the questionnaire sent by the Committee on Equal Opportunities for Women and Men on November/December 2001)[1]

Member state

Country of origin, transit or destination

Measures taken by the country

Albania

Andorra
The Andorra police has not yet had any cases of migration

linked to trafficking in women

and prostitution.

The Andorra criminal code classes procuring and illegal trafficking in labour as serious offences. Under Article 127 trafficking in labour is punishable by up to three years’ imprisonment. Under Article 214 encouraging, facilitating or assisting prostitution of males or females or profiting in any way from prostitution are punishable by up to six years’ imprisonment. Under Article 125 offences under Article 214 are punishable by up to ten years’ imprisonment if they employ violence or deceit or are committed against minors or involve abuse of authority or are committed against an employee or subordinate. Under Article 217, owners, keepers or managers of establishments open to the public who tolerate serious acts of immorality on their premises can be punished by up to three years’ imprisonment.

The criminal code does not deal at present with the specific matter of migration linked to trafficking in women and prostitution, but under the preliminary draft revised criminal code it will be an offence.

Armenia

Austria
Destination country
Several police operations have been successfully mounted against criminal organisations engaged in women trafficking.

The criminal code contains articles dealing with paedophile Internet sites. Article 207a prohibits producing, distributing, making available or selling pictures of sexual activity involving a minor.

Azerbaijan

Belgium

Bosnia and Herzegovina


Bulgaria
Country of origin and transit
There is no legislation in Bulgaria punishing traffickers or providing assistance to victims.

A special working group of representatives of various ministries was set up in the internal affairs ministry in May 2001 to take action on people trafficking. It is drawing up a cooperation memorandum as a framework for joint action on people trafficking. Under Article 280 Criminal Code it is an offence to take people across the border without permits.

In 1999 special units were set up in the national organised-crime service and the border police to combat traffic in human beings.

Intergovernmental cooperation agreements have been concluded with some European Union countries (Greece, Austria, Germany, Belgium, Spain and Italy) and some candidate countries (Hungary, the Czech Republic, Poland, Slovakia and Romania). These are aimed at identifying traffickers and gathering evidence of criminal activity, as well as holding seminars to compare notes.

Croatia
Transit country
Croatia signed the Palermo ministerial declaration on eliminating traffic in human beings. It is pledged to providing proper protection and assistance to victims of such traffic, revising its legislation and implementing it more effectively so as to bring traffickers to justice. It has also undertaken to cooperate with other countries in this. As part of its undertakings, Croatia is to appoint a government coordinator for prevention of traffic in human beings. The coordinator will also be in charge of international cooperation. Croatia is to set up a working group on prevention of traffic in human beings. Its first task will be to draw up a national action plan.

Cyprus

Czech Republic

Denmark
Destination country

The Danish National Commissioner of Police wrote two reports: one on the measures combating trafficking in women and one on the trafficking situation in the Baltic States.

Denmark launched a campaign on this topic in October 2002.

In June 2002, the Danish Parliament adopted a bill adding a specific provision in the Criminal Code on trafficking in human beings.

The maximum sentence is 8 years imprisonment.

Estonia

Finland

Transit and destination country
Prostitution is not forbidden in Finland but can be prosecuted concerning arrangement of illegal immigration.

Finland launched a programme for the prevention of prostitution and violence against women.

France

Destination country
France ratified the Palermo Convention on 6 August 2002.

Georgia

Germany

Destination country
Germany already has organisations and the makings of legal machinery to combat trafficking in human beings. It has sent 13 officials to central and eastern European countries to work with the national authorities in combating trafficking in human beings.

The Aliens Act contains provisions allowing women to remain in Germany if the criminal investigation requires it or to protect them. In some cases they can be granted a temporary residence permit or deportation can be suspended

In 1997 a federal working group on trafficking in women was set up. It draws up strategies and measures to prevent such trafficking and protect victims of it.

Internationally, Germany supports international agreements in the matter, in particular the anti-trafficking protocol to the UN Convention against Organised Crime. The protocol was signed in December 2000 by European Union member states and the European Commission.

Greece


Hungary
Country of origin, transit and destination
The Hungarian definition of trafficking in human beings is laid down in Article 175/B Criminal Code. It is similar to the one in the UN protocol. The criminal code has dealt with the matter since 1 March 1999. The bodies responsible for action on trafficking of this kind are the Department for Organised Crime, the Hungarian police’s Interpol office, the customs authority’s criminal investigation department and a special branch of the civil intelligence services.

In Hungary NGOs play a very important part in combating trafficking in human beings.

Iceland
Transit country (trafficking of European women into the United States) and, to a lesser degree, destination country
There are five important aspects to Iceland’s strategy on trafficking in human beings. First, define and assess the problem. This was done by a Ministry of Justice research project, which generated a report on prostitution in Iceland. Second, Iceland has signed the UN protocol and is preparing to ratify it. Third, improve international police cooperation (there is very close cooperation with the Baltic countries, for instance). Fourth, never forget that traffic in women is a criminal offence, which inflicts great suffering on its victims. Fifth, initiate public debate on people trafficking for sexual purposes.

Ireland

Destination country
In September 2000, Ireland introduced a law creating offences relating to trafficking in human beings and, in September 2002, enacted an Act on trafficking in illegal immigrants.

Italy
Destination country
Under Article 12 of the 1998 Single Act on immigration, illegally bringing persons into the country to put them to work as prostitutes and live off their earnings and illegally bringing minors into the country to profit from their immoral earnings are criminal offences. The penalty is five to fifteen years’ imprisonment plus a fine. Article 3 of Law 75/1958 lays down a penalty of two to six years’ imprisonment and a fine of from 500,000 to 20,000,000 lira for taking part in any Italian or foreign organisation that recruits people into prostitution or profits from prostitution by others or for causing or enabling another to travel from their usual country or p