The New York Convention for the Suppression of the Traffic in

The New York Convention for the Suppression of the Traffic
in Persons and of the Exploitation of the Prostitution of
Others: 65 years later
Monday the 30th of September 2013
Palais d’Egmont
Brussels
International ministerial Round Table
DECLARATION OF BRUSSELS:
For a gender approach and a coherent fight against the exploitation of
the prostitution of others
DECLARATION OF BRUSSELS
Considering that trafficking in human beings has considerably increased in the last few years in spite
of the international legal tools aimed at tackling the phenomenon: particularly the UN Palermo
Protocol on Trafficking in Persons and the Council of Europe Convention on Action Against Trafficking
in Human Beings1 ;
Noticing that the International Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others of 2 December 1949, is up to now the only international
text associating specifically trafficking in human beings and the exploitation of the prostitution of
others;
Recalling the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and article 6 which reflects the 1949 Convention and according to which "States Parties
shall take all appropriate measures, including legislation, to suppress all forms of traffic in women
and exploitation of prostitution of women".
Considering that trafficking in human beings is a contemporary form of slavery which seriously
violates a persons’ liberty and dignity, that it represents a serious crime and often has an impact
against which countries are powerless since they act independently from one another2;
Taking into account the 2010 report of the United Nations Office on Drugs and Crime according to
which most victims of trafficking in human beings are women who are sexually exploited; and
considering that this kind of exploitation is increasing compared to other forms of trafficking in
human beings3;
Taking into account the 2013 Report of Eurostat according to which the most widespread form of
trafficking in human beings in the EU is for sexual exploitation and that its overwhelming majority are
women and girls (96%);
Noticing that trafficking in human beings and the exploitation of the prostitution of others are
complex transnational phenomena which are rooted in vulnerability linked to poverty, conflict and
post-conflict situations, the lack of prospects and job opportunities; like every form of violence
against women, both phenomena reflect a culture of a male-dominated society, which must be
fought against through education;
1
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime, Treaty Collection, vol. 2237, p. 319; Council of Europe Convention on Action
against Trafficking in Human Beings (CETS n° 197), Warsaw, 16.V.2005.
2
COM 2012 – 0286, Communication from the Commission to the European Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions "The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016",
Brussels, 19 June 2012.
3
79 % of the recorded victims of trafficking in human beings are sexually exploited, 18% are exposed to forced labour and 3% to other
3
forms of exploitation, knowing that among the victims, 66% are women, 13% girls, 12% men and 9% boys , that in 3/4 of the recorded
cases, trafficking was aimed at sexual exploitation (this proportion increased to 76 % in 2010 compared to 70 % in 2008), and in the other
cases, labour exploitation (decrease to 14 % in 2010 compared to 24 % in 2008), forced begging (3 %) or domestic slavery (1 %).
Considering that the integration of the gender dimension in the Directive 2011/36/EU on preventing
and combating trafficking in human beings and protecting its victims4 and the legal obligation for
reducing demand, as an important step for addressing trafficking in human beings, and that the
European Union must increase its interference in these matters;
Reminding the 2012-2016 Strategy adopted on 19 June 2012 by the European Commission aimed at
addressing trafficking in human beings in a more effective, coordinated and coherent manner;
Emphasizing the need to strengthen coordination of policies related to the fight against trafficking in
human beings and the exploitation of the prostitution of others, in order to reinforce the efficiency
of international tools aimed at tackling trafficking in human beings;
Considering that the first Eurostat report on identified and presumed victims distinguished by
different forms of exploitation for 2008, 2009 and 2010 showed that the majority of the victims are
trafficked for the purpose of sexual exploitation and considering that, according to the report, the
percentage of victims of trafficking for sexual exploitation is increasing each year, there is a clear
need for a deep reflexion on models in place in the various Member States regarding prostitution,
analysing each model’s strengths and weaknesses.
Reminding that a coherent approach to preventing the trafficking in human beings and the
exploitation of the prostitution of others, in the EU as well as in third countries, obtain convincing
results; and that in that prospect, this also implies starting initiatives aimed at defining and reducing
the demand for prostitution through awareness-raising and educational gender equality initiatives
and actions leading to, inter alia, the agreement that a human body is not a good for sale.5
Considering that new forms of trafficking in human beings and of the exploitation of the prostitution
of others are developing, in particular due to the Internet and social networks, which are increasingly
used as recruitment tools;
Reminding that, from a gender perspective, women are more vulnerable to exploitation; and that
women are also offenders;
Reminding that governments are responsible for protecting children against all forms of prostitution
or sexual exploitation and that, regardless of the fact that the prostitution6 of minors is illegal in the
whole of Europe, it still exists, mostly in a hidden manner, and is developing through new
technologies and the hypersexualisation of society;
Considering that most adults in prostitution began as minors, that for the last few years field actors
have noticed that prostitution starts at an earlier age and that users are requesting ever younger
people in prostitution; and considering that the youngsters’ personality is still in construction and
therefore more fragile, vulnerable and less capable of taking the consequences of prostitution into
account;
4
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human
beings and protecting its victims, OJ L 101 of 15.4.2011.
5
Member States decide freely over the appropriate measures to be taken, such as education and training, to discourage and reduce the
demand that fosters all forms of exploitation related to trafficking in human beings.
6
Contrary to the prostitution of adults, the prostitution of minors is forbidden, whether the latter is victim of exploitation or not. The client
is automatically prosecuted in this case.
Emphasizing the lack of accurate data, and therefore analysis, concerning the prostitution of minors
in European countries, which are however absolutely essential to organize efficient, well-targeted
prevention and awareness raising actions;
Recalling the priorities of the Convention of 2 December 1949, which highlight the need to prevent
trafficking in human beings and prostitution of others, the protection and reintegration of the
victims, as well as the protection of migrants;
As representatives of the EU Member States, parties to the Convention of 2 December 1949, we:
Reaffirm the significance of the Convention of 2 December 1949, known as « New York Convention »,
since it represents a common base for the values defended by our governments, i.e. that trafficking
in human beings and the exploitation of the prostitution of others must be fought against very firmly;
and call upon all the European Union Member States to adhere to this Convention..
Are convinced of the need to place addressing trafficking in human beings and the exploitation of the
prostitution of others in a gender perspective, in order to meaningfully work on the root causes
behind it and to create a society without victims of exploitation of prostitution;
Reassert our wish to build a society free of the exploitation of prostitution of others which implies a
strong will to reinforce the fight against trafficking in human beings and the exploitation of the
prostitution of others and to protect, assist and support women and children who are the victims of
it;
Confirm that the consent of a victim of trafficking in persons for sexual exploitation or for the
exploitation of prostitution cannot be taken into account and must be considered as irrelevant7;
Therefore, we will commit ourselves to:
1. Adopting and implementing national legislation that reflects the commitment undertaken
when agreeing and ratifying international and European legislation, namely the
International Convention for the Suppression of the Traffic in Persons and of the Exploitation
of the Prostitution of Others, the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the UN Palermo Protocol on Trafficking in Persons,
the Council of Europe Convention on Action Against Trafficking in Human Beings8 and the EU
Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on
preventing and combating trafficking in human beings and protecting its victims;
2. Tackling the causes of trafficking in human beings and the exploitation of the prostitution
of others, particularly in a gender perspective9 and therefore:
-
tackling the precarious status of women, which is a major cause of trafficking in
human beings and the exploitation of the prostitution of others;
-
reinforcing the status of women in order to achieve gender equality, reducing their
vulnerability towards poverty, improving their access to education and their social
7
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, Palermo, 2000
8
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime, Treaty Collection, vol. 2237, p. 319; Council of Europe Convention on Action
against Trafficking in Human Beings (CETS n° 197), Warsaw, 16.V.2005.
9
In 2013, the Commission will improve knowledge relating to gender dimensions of trafficking in human beings, in particular the genderrelated specificities which characterize the way men and women are recruited and exploited, the consequences - according to gender - of
the different forms of trafficking, and the possible differences in men and women vulnerability towards the risk of becoming a victim, and
its impact of them.
integration, fighting violence against women, particularly in conflict and post-conflict
situations;
-
within the context of the global economic crisis, also taking into account the
vulnerability of women in the migration process, which is a cause of trafficking in
human beings and of the exploitation of the prostitution of others;
-
encouraging vulnerable women to exit prostitution through social inclusion measures
and through social policies taking the gender dimension even more into account;
3. Taking prevention initiatives, including reducing the demand and therefore:
- coherently reinforce the prevention of trafficking in human beings and the
exploitation of the prostitution of others, by taking the root causes of the victims’
vulnerability within the gender dimension 10 into account;
-
in due respect to national legislations, define and reduce the demand, through
appropriate measures defined by Member States11;
-
consider the criminalisation of the use of services with the knowledge that they are
victims of trafficking for sexual exploitation and prostitution and explore further
legislative measures to ensure punishment and prevention12;
-
support the informal EU network of national rapporteurs or equivalent mechanisms
on trafficking in human beings in sharing data, analysis and research on the trends in
trafficking in human beings as well as on best practices implemented in our
respective countries;
-
combat the phenomenon of the hypersexualisation of society, which reinforces the
image and use of the woman’s body as a sex object, makes pornography seem
ordinary whereas it generates aggressive behaviour, submission and exploitation
among teenagers and children;
-
Raise awareness of the general public in order to limit the demand by organizing, in
the near future, common educational campaigns enhancing respect for women and
their bodies; women are not for sale, and buying them is a violation of human dignity
and considered as violence against women;
4. Paying particular attention to the new forms of trafficking in human beings and the
exploitation of the prostitution of others which developed due to technological advances,
and therefore:
10
Vulnerability towards trafficking and the different forms of exploitation depends upon gender. Whereas women and girls tend to be
victims of trafficking for the purpose of exploitation in the sex industry, because of domestic work or in the care sector, men and boys
rather tend to be victims of forced labour, in particular in the agricultural, mining, forestry, construction and fishing sector. Besides, the
consequences on the short and long run for the victims can vary depending on the form of trafficking or on gender. COM 2012-0286
11
Article 18 § 4 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating
trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.
12
Article 18 § 4 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating
trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.
-
Integrate, in our policies aiming at tackling trafficking in human beings and the
exploitation of the prostitution of others, the new forms of these phenomena and, in
particular, the recruitment of victims via the Internet or through social networks;
-
fight against the recruitment, on the Internet, of women and children for the purpose
of
sexual
exploitation.
-
mobilise the internet providers and all other stakeholders for an internet without
exploitation of prostitution
We ask for more coordination in policies relating to the exploitation of the prostitution of others,
especially on the European level.
and
Appeal to the governments of the 28 Member States, the EU institutions, the social and economic
actors, the media, the academic and scientific institutions and every citizen to join forces and take
action against the precarious status of women, reduce the hypersexualisation of society and fight
against the recruitment and sexual exploitation of women and children.