
Article 7, subsection 3: Where appropriate, and without prejudice to
applicable international conventions, such measures shall include establishing
the obligation of commercial carriers, including any transportation company or
the owner or operator of any means of transport, to ascertain that all
passengers are in possession of the travel documents required for entry into the
receiving State.
The CoE basically states that the difference between this convention and other existing international protocol and framework is that it is more specific in regards to the protection of victims.
The enhanced protection of victims' rights is one of the more important contributions of the CoE Convention as it provides for victims' rights during the identification process (so that one will not be removed before the identification process is complete). It also requires (destination) States to provide for a "Recovery and Reflection Period" at a minimum of 30 days so the victim may contemplate whether to stay and testify, and requires provisions to be taken during the repatriation process so that the programmes avoid re-victimisation.The Council of Europe considered that it was necessary to draft a legally binding instrument which goes beyond recommendations or specific actions.
While other international instruments already exist in this field , the Council of Europe Convention (Warsaw, 16 May 2005) is a comprehensive treaty mainly focussed on protection of victims of trafficking and the safeguard of their rights. It also aims at preventing trafficking as well prosecuting traffickers. In addition, the Convention provides for the setting up of an effective and independent monitoring mechanism capable of controlling the implementation of the obligations contained in the Convention.
The Convention is especially protective of children's rights and calls for measures to be taken to provide child victims with appropriate housing, education, counseling, and legal representation, and also requires that child victims shall not be returned to their state of origin if it is determined by a risk and security assessment that the return would put the child in a dangerous situation.
Other unique features of the Convention provide for measures to discourage the demand for TIP, as well as the punishment and sanctioning of traffickers, witness protection, and a monitoring mechanism that has specific protocol to observe the implementation of the Convention (known as GRETA). The articles provide for everything from the creation of the group to the steps that will be taken in order for GRETA to complete it's monitoring program efficiently and transparently.
You can view the State-by-State signature and ratification process and involvement here. Even if a state, such as Ukraine, signed it now, the Convention requires three months in between the submission of the ratification instrument and its entry into force within the state so the earliest it would start would be March. Nonetheless, a country bound to this document is committing to a major leap forward in the protection of the human rights of TIP victims. It has been said that Ukraine will jump on board by early next year so we will have to wait and see.
No comments:
Post a Comment