Ministers’ Deputies
CM Documents
CM(2004)8 (restricted) 12 January 2004
——————————————
873 Meeting, 18 February 2004
4 Human Rights
4.2 Ad hoc Committee on Action against Trafficking in Human Beings (CAHTEH)
2nd meeting (Strasbourg, 8-10 December 2003)
——————————————
Items discussed and decisions taken
1. The Ad Hoc Committee on action against trafficking in human beings (CAHTEH) held its 2nd meeting from 8 to 10 December 2003 at the Palais de l’Europe in Strasbourg, with Mr Jean-Sébastien JAMART (Belgium) in the Chair. The list of participants can be obtained from the Directorate of Human Rights – DG II. The agenda, as adopted by the CAHTEH, is contained in the Appendix to the present document.
2. Following the decision of the Committee at its first meeting (Strasbourg, 15-17 September 2003), the Chair, Mr Jean-Sébastien JAMART (Belgium), the two Vice-Chairs, Mrs Gulnara SHAHINIAN (Armenia) and Mrs Nicole ZÜNDORF-HINTE (Germany), assisted by the Secretariat, prepared a preliminary draft Convention in the light of the discussions which took place during the first meeting of the CAHTEH.
3. The preliminary draft Convention so drafted has been reproduced in document CAHTEH(2003)7 and was sent to delegations and observers on 31 October 2003. Delegations and observers were invited to send any written contribution on this preliminary draft to the Secretariat by 24 November 2003.
4. This preliminary draft has been revised on the basis of the written contributions by the delegations of Denmark, Georgia, Germany, Liechtenstein, Greece, Finland and the Netherlands and appears in document CAHTEH(2003)9.
5. Articles 1 to 13 of this revised preliminary draft were thoroughly examined during the second meeting of the CAHTEH. At this meeting, the CAHTEH examined the written contributions from the above mentioned delegations and from the following delegations: France, Moldova, Norway, Portugal, Sweden, Switzerland and from the observers of Mexico, the International Labour Office and the European Women’s Lobby. The CAHTEH also examined the oral comments made by several delegations on these Articles.
6. The CAHTEH decided from the outset to examine the draft Preamble as soon as a first reading of the body of the text will be made.
7. The committee examined the object, the scope of application, the non-discrimination principle and the definitions. The Committee decided to include in the future European Convention the definition of trafficking as it appears in the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organized crime (hereinafter referred to as “the Palermo Protocol”). Therefore, the future European Convention will reproduce the whole of Article 3, sub-paragraphs (a) to (d) of the Palermo Protocol. The CAHTEH also agreed on the definition of victims of trafficking in human beings to be included in the preliminary draft Convention.
8. The Committee also held an exchange of views on the measures relating to the prevention of trafficking in human beings, as well as the measures to protect and promote the rights of victims, including gender equality issues. The Committee modified the provisions concerning these measures in the preliminary draft Convention.
9 The CAHTEH decided to examine the other provisions concerning the measures to Protect and Promote the Rights of Victims (Articles 14 to 16), Substantive Criminal Law (Chapter IV), Investigation, Prosecution and Procedural Law (Chapter V) and International Co-operation (Chapter VI) at its next meeting. The CAHTEH decided to re-examine all the provisions of the draft convention after the first reading of the text is finalized.
10. The Committee held an exchange of views on its future working methods and decided to continue with the elaboration of the future European Convention on action against trafficking in human beings in plenary session.
11. The Committee decided to hold its next four plenary meetings as follows:
· 3-5 February 2004
Appendix
AGENDA
1. Opening of the meeting
2. Adoption of the agenda
3. Examination of the preliminary draft European Convention on action against trafficking in human beings
|
Chapter I |
Purpose, scope of application, non-discrimination principle and definitions |
|
Chapter II |
Prevention of trafficking in human beings |
|
Chapter III |
Measures to protect and promote the rights of victims, including gender equality issues |
|
Chapter IV |
Substantive criminal law |
|
Chapter V |
Investigation, prosecution and procedural law |
|
Chapter VI |
International co-operation |
|
Chapter VII |
Monitoring mechanism |
|
Chapter VIII |
Relationship with other instruments |
|
Chapter IX |
Amendments to the Convention |
|
Chapter X |
Final clauses |
|
Preamble |
4. Working methods of the CAHTEH
5. Calendar of future work
6. Any other business
* * * * *