Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-1162 of 1 August 2007 authorizing the ratification of the Council of Europe Convention on Combating Human Trafficking;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 74-360 of 3 May 1974 publishing the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and its additional protocols,
Decrete:
The Council of Europe Convention on Combating Human Trafficking, adopted on 16 May 2005 in Warsaw, signed by France on 22 May 2006 in Strasbourg, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
OF THE EUROPEAN COUNCIL
CONTRE LA TRAITE DES ÊTRES HUMAINS
PREAMBULE
The Member States of the Council of Europe and the other Signatories of this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Considering that trafficking in human beings constitutes a violation of human rights and an infringement of the dignity and integrity of human beings;
Considering that human trafficking can lead to a situation of slavery for victims;
Considering that respect for the rights of victims and their protection, as well as the fight against trafficking in persons, should be the primary objectives;
Considering that any action or initiative in the field of combating human trafficking must be non-discriminatory and take into account equality between women and men, as well as an approach based on the rights of the child;
Recalling the statements of the Ministers for Foreign Affairs of the Member States at the 112th (14-15 May 2003) and 114th (12-13 May 2004) Sessions of the Committee of Ministers, calling for enhanced action by the Council of Europe in the field of human trafficking;
Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and its Protocols;
Bearing in mind the following recommendations of the Committee of Ministers to the Member States of the Council of Europe: Recommendation No. R (91) 11 on sexual exploitation, pornography, prostitution and trafficking in children and young adults; Recommendation No. R (97) 13 on the intimidation of witnesses and the rights of defence; Recommendation No. R (2000) 11 on combating human trafficking for sexual exploitation; Recommendation Rec 16 (2001) on the protection of children from sexual exploitation; Recommendation Rec (2002) 5 on the protection of women against violence;
Bearing in mind the following recommendations of the Parliamentary Assembly of the Council of Europe: Recommendation 1325 (1997) on trafficking in women and forced prostitution in the Member States of the Council of Europe; Recommendation 1450 (2000) on violence against women in Europe; Recommendation 1545 (2002) campaign against trafficking in women; Recommendation 1610 (2003) migration related to trafficking in women and prostitution; Recommendation 1611 (2003) Organ trafficking in Europe; Recommendation 1663 (2004) Domestic slavery: servitude, au pair and wives purchased by correspondence;
Bearing in mind the Framework Decision of the Council of the European Union of 19 July 2002 on combating human trafficking; the Framework Decision of the Council of the European Union of 15 March 2001 on the Status of Victims under Criminal Procedures and the Directive of the Council of the European Union of 29 April 2004 on residence permits issued to third country nationals who are victims of trafficking in human beings or have been assisted in illegal immigration and who cooperate with the competent authorities;
Taking due account of the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in order to strengthen the protection afforded by these instruments and to develop the standards set forth by them;
Taking due account of other relevant international legal instruments in the field of combating human trafficking;
Taking into account the need to develop a comprehensive international legal instrument focusing on the human rights of victims of trafficking and establishing a specific monitoring mechanism,
agreed that:
Chapter I
Object, application field,
principle of non-discrimination and definitions
Article 1
Purpose of the Convention
1. The purpose of this Convention is to:
(a) To prevent and combat human trafficking, ensuring equality between women and men;
(b) To protect the human rights of victims of trafficking, to develop a comprehensive framework for protection and assistance to victims and witnesses, ensuring equality between women and men, and to ensure effective investigations and prosecutions;
(c) To promote international cooperation in combating human trafficking.
2. In order to ensure the effective implementation of its provisions by Parties, this Convention shall establish a specific monitoring mechanism.
Article 2
Scope
This Convention applies to all forms of human trafficking, whether national or transnational, and whether or not related to organized crime.
Article 3
Principle of non-discrimination
The implementation of this Convention by Parties, in particular the enjoyment of measures to protect and promote the rights of victims, must be ensured without any discrimination, including on the basis of sex, race, colour, language, religion, political opinions or any other opinion, national or social origin, belonging to a national minority, property, birth or other status.
Article 4
Definitions
For the purposes of this Convention:
(a) The term "trafficking in human beings" refers to the recruitment, transportation, transfer, accommodation or reception of persons, the threat of recourse or the use of force or other forms of coercion, by kidnapping, fraud, deception, abuse of authority or a situation of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person who has authority over another for the purpose. The exploitation includes, at a minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or organ removal;
(b) The consent of a victim of "human trafficking" to the intended operation, as set out in paragraph (a) of this section, is indifferent when any of the means set out in paragraph (a) has been used;
(c) Recruitment, transportation, transfer, accommodation or reception of a child for purposes of exploitation are considered to be a "human trafficking" even if they do not use any of the means set out in paragraph (a) of this article;
(d) The term "child" means any person under the age of eighteen years;
(e) The term "victim" means any natural person who is subject to human trafficking as defined in this section.
Chapter II
Prevention, cooperation and other measures
Article 5
Prevention of human trafficking
1. Each Party shall take steps to establish or strengthen national coordination among the various bodies responsible for preventing and combating human trafficking.
2. Each Party shall establish and/or support effective policies and programmes to prevent trafficking in human beings through such means as: research; information, awareness-raising and education campaigns; social and economic initiatives and training programmes, in particular for persons vulnerable to trafficking and professionals involved in human trafficking.
3. Each Party promotes a human rights-based approach and uses the integrated approach to equality between women and men, as well as a child-friendly approach, in the development, implementation and evaluation of all policies and programmes referred to in paragraph 2.
4. Each Party shall take appropriate measures that are necessary to ensure that migration is carried out in a legal manner, including through the dissemination of accurate information by the services concerned, on the conditions for entry and legal stay in its territory.
5. Each Party shall take specific measures to reduce the vulnerability of children to trafficking, including by creating a protective environment for them.
6. The measures established in accordance with this article involve, where appropriate, non-governmental organizations, other relevant organizations and other elements of civil society engaged in the prevention of human trafficking, protection or assistance to victims.
Article 6
Measures to discourage demand
In order to discourage demand that promotes all forms of exploitation of persons, especially women and children, leading to trafficking, each Party adopts or strengthens legislative, administrative, educational, social, cultural or other measures, including:
(a) Research on best practices, methods and strategies;
(b) Measures to raise awareness of the responsibility and important role of the media and civil society in identifying demand as one of the root causes of human trafficking;
(c) Targeted information campaigns, involving, where appropriate, public authorities and policy makers;
(d) Preventive measures including educational programmes for girls and boys during their schooling, which underline the unacceptable nature of gender-based discrimination, and its adverse consequences, the importance of equality between women and men, and the dignity and integrity of every human being.
Article 7
Border measures
1. Without prejudice to international commitments relating to the free movement of persons, Parties shall, to the extent possible, strengthen border controls necessary to prevent and detect trafficking in persons.
2. Each Party shall adopt appropriate legislative or other measures to prevent, to the extent possible, the use of means of transport operated by commercial carriers for the commission of offences established in accordance with this Convention.
3. Where applicable, and without prejudice to applicable international conventions, these measures include the requirement for commercial carriers, including any transport company or any owner or operator of any means of transport, to verify that all passengers are in possession of the travel documents required for entry into the host State.
4. Each Party shall take the necessary measures, in accordance with its domestic law, to impose sanctions on the obligation set out in paragraph 3 of this article.
5. Each Party shall adopt the necessary legislative or other measures to allow, in accordance with its domestic law, to refuse the entry of persons involved in the commission of offences established under this Convention or to cancel their visa.
6. Parties strengthen cooperation between their border control services, including through the establishment and maintenance of direct channels of communication.
Article 8
Security and document control
Each Party shall take the necessary measures:
(a) To ensure that the travel or identity documents it delivers are of a quality such that they cannot easily be misused or falsified or altered, reproduced or illicitly issued; and
(b) To ensure the integrity and security of travel or identity documents issued by or on its behalf and to prevent them from being illicitly created and issued.
Article 9
Legitimacy and validity of documents
At the request of another Party, a Party shall, in accordance with its domestic law and within a reasonable period of time, verify the legitimacy and validity of travel or identity documents issued or believed to have been issued on its behalf and which are suspected to be used for human trafficking.
Chapter III
Measures to protect and promote the rights of victims, ensuring equality between women and men
Article 10
Identification of victims
1. Each Party shall ensure that its competent authorities have trained and qualified persons in the prevention and control of human trafficking and in the identification of victims, including children, and in support of them and that the various authorities concerned cooperate with each other and with organizations with a supporting role, in order to identify victims in a process taking into account the specific situation of women and child victims and, in appropriate cases,
2. Each Party shall adopt the necessary legislative or other measures to identify victims, where appropriate, in collaboration with other Parties and with organizations that have a supporting role. Each Party shall ensure that, if the competent authorities consider that there are reasonable grounds to believe that a person has been the victim of trafficking in human beings, he or she shall not be removed from his or her territory until the end of the identification process as a victim of the offence provided for in Article 18 of this Convention by the competent authorities and shall be assisted under Article 12, paragraphs 1 and 2.
3. In case of uncertainty about the age of the victim and where there are reasons to believe that she is a child, she is presumed to be a child and is granted specific protection measures pending her age being verified.
4. As soon as a child is identified as a victim and is unaccompanied, each Party shall:
(a) Provides its representation through legal guardianship, an organization or authority to act in accordance with its best interests;
(b) Takes the necessary measures to establish its identity and nationality;
(c) Deplores all efforts to find his family when it is in his best interests.
Article 11
Protection of privacy
1. Each Party shall protect the privacy and identity of victims. The personal data concerning them shall be recorded and used under the conditions provided for in the Convention for the Protection of Persons with regard to the automated processing of personal data (STE No. 108).
2. In particular, each Party shall adopt measures to ensure that the identity, or elements for identification, of a child who is a victim of trafficking is not made public, whether by the media or by other means, except in exceptional circumstances, in order to find members of the child's family or otherwise ensure its well-being and protection.
3. Each Party shall consider taking, in accordance with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as interpreted by the European Court of Human Rights, measures to encourage the media to safeguard the privacy and identity of victims, through self-regulation or through regulatory or co-regulation measures.
Article 12
Victim assistance
1. Each Party shall take the necessary legislative or other measures to assist victims in their physical, psychological and social recovery. Such assistance shall include:
(a) Living conditions that can ensure their subsistence, through measures such as adequate and safe accommodation, psychological and material assistance;
(b) Access to emergency medical care;
(c) Translation and interpretation assistance, if any;
(d) Advice and information, including the rights that the law recognizes, as well as the services provided to them, in a language they may understand;
(e) Assistance to ensure that their rights and interests are presented and taken into account at the appropriate stages of the criminal proceedings against perpetrators;
(f) Access to education for children.
2. Each Party shall take due account of the security and protection needs of victims.
3. In addition, each Party provides the necessary medical assistance or any other type of assistance to victims legally residing in its territory who do not have adequate resources and need it.
4. Each Party shall adopt the rules by which victims legally residing in its territory are allowed to access the labour market, vocational training and education.
5. Each Party shall take measures, if any and the conditions provided for in its domestic law, to cooperate with non-governmental organizations, other relevant organizations or other elements of civil society engaged in assistance to victims.
6. Each Party shall adopt the necessary legislative or other measures to ensure that assistance to a victim is not subject to its willingness to testify.
7. For the implementation of the provisions of this Article, each Party shall ensure that services are provided on a consensual and informed basis, taking duly into account the specific needs of persons in vulnerable situations and the rights of children in respect of adequate accommodation, education and care.
Article 13
Time for recovery and reflection
1. Each Party shall provide within its domestic law a period of recovery and reflection of at least 30 days where there are reasonable grounds to believe that the person concerned is a victim. This period must be of sufficient duration for the person concerned to recover and escape the influence of traffickers and/or make, in the knowledge of the case, a decision as to their cooperation with the competent authorities. During this period, no removal measures may be carried out against him. This provision is without prejudice to the activities carried out by the competent authorities in each of the phases of the applicable national procedure, particularly during the investigation and prosecution of the offence. During this period, the Parties authorize the stay of the person concerned in their territory.
2. During this period, persons referred to in paragraph 1 of this Article shall be entitled to the benefit of the measures provided for in Article 12, paragraphs 1 and 2.
3. Parties are not required to comply with this deadline for public reasons, or when it appears that the quality of the victim is unduly invoked.
Article 14
Residence permit
1. Each Party shall issue a renewable residence permit to the victims, either in one of the following two assumptions or in both:
(a) The competent authority considers that their stay is necessary because of their personal situation;
(b) The competent authority considers that their stay is necessary because of their cooperation with the competent authorities for the purposes of an investigation or criminal procedure.
2. Where legally necessary, the residence permit for child victims shall be issued in accordance with their best interests and, where applicable, renewed under the same conditions.
3. The non-renewal or withdrawal of a residence permit shall be subject to the conditions laid down in the domestic law of the Party.
4. If a victim files a request for a residence permit from another category, the Party concerned shall take into account that the victim has benefited or has a residence permit under paragraph 1.
5. In the light of the obligations of the Parties operating under Article 40 of this Convention, each Party shall ensure that the issue of a permit, in accordance with this provision, is without prejudice to the right to seek and benefit from the asylum.
Article 15
Compensation and remedies
1. Each Party shall ensure that victims, from their first contact with the competent authorities, access to information on relevant judicial and administrative procedures in a language that they may understand.
2. Each Party shall, in its domestic law, provide for the right to assistance of a human rights defender and free legal assistance to victims, as provided for in its domestic law.
3. Each Party shall, in its domestic law, provide for the right of victims to compensation by offenders.
4. Each Party shall adopt the necessary legislative or other measures to ensure that the compensation of victims is guaranteed, under the conditions provided for in its domestic law, for example by the establishment of a fund for the compensation of victims or other measures or programmes for the social assistance and integration of victims that could be financed by assets derived from the application of the measures provided for in Article 23.
Article 16
Repatriation and return of victims
1. The Party of which a victim is a national or in which she was entitled to reside permanently at the time of her entry into the territory of the host Party facilitates and accepts, with due regard to the rights, security and dignity of that person, the return of the person without undue delay or unreasonable.
2. When a Party returns a victim to another State, the return is ensured with due regard to the rights, security and dignity of the person and the status of any judicial proceedings related to the fact that it is a victim and is preferably voluntary.
3. At the request of a host Party, a requested Party shall verify whether a person is a national or has the right to reside permanently in his or her territory at the time of his or her entry into the territory of the host Party.
4. In order to facilitate the return of a victim who does not have the required documents, the Party of which that person is a national or in which he or she was entitled to reside on a permanent basis at the time of his or her entry into the territory of the host Party agrees to issue, at the request of the host Party, the travel documents or any other authorization necessary to allow the person to surrender and be re-added in his or her territory.
5. Each Party shall take the necessary legislative or other measures to establish repatriation programmes with the participation of national or international institutions and concerned non-governmental organizations. These programmes are designed to avoid revictimization. Each Party should make every effort to promote the reintegration of victims into the society of the return State, including reintegration into the education system and the labour market, including through the acquisition and improvement of professional skills. With respect to children, these programs should include the enjoyment of the right to education, as well as measures to ensure that they receive adequate care or care from their families or appropriate reception facilities.
6. Each Party shall take the necessary legislative or other measures to make available to victims, where appropriate, in collaboration with any Party concerned, information on the bodies that may assist them in the country where such victims have returned or repatriated, such as law enforcement agencies, non-governmental organizations, legal professions that may give them advice and social organizations.
7. Child victims are not repatriated to a State, if, following an assessment of risks and safety, it appears that the return is not in the best interests of the child.
Article 17
Equality between women and men
When implementing the measures set out in this chapter, each Party aims to promote equality between women and men and uses the integrated approach to equality in the development, implementation and evaluation of these measures.
Chapter IV
Material criminal law
Article 18
Criminalization of human trafficking
Each Party shall adopt such legislative and other measures as may be necessary to confer the criminal nature of the acts set out in article 4 of this Convention when committed intentionally.
Article 19
Criminalization of the use of victim services
Each Party shall consider adopting the necessary legislative and other measures to confer the character of a criminal offence, in accordance with its domestic law, on the use of the services that are the subject of the operation referred to in Article 4, paragraph (a), of this Convention, knowing that the person concerned is a victim of the trafficking of human beings.
Rule 20
Criminalization of related acts
travel or identity documents
Each Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, the following acts when committed intentionally in order to allow human trafficking:
(a) Making a travel document or fraudulent identity document;
(b) Provide or provide such a document;
(c) Hold, subtract, alter, damage or destroy a travel or identity document of another person.
Article 21
Complicity and attempt
1. Each Party shall adopt such legislative and other measures as may be necessary to criminalize any complicity when committed intentionally for the commission of one of the offences established under Articles 18 and 20 of this Convention.
2. Each Party shall adopt such legislative and other measures as may be necessary to criminalize any intentional attempt to commit any of the offences established under articles 18 and 20, paragraph (a), of this Convention.
Article 22
Liability of legal persons
1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons may be held liable for the offences established under this Convention, when they are committed on their behalf by any natural person acting either individually or as a member of a body of the legal person, who exercises executive power within the body, on the following grounds:
(a) A power of representation of the legal person;
(b) An authority to make decisions on behalf of the legal person;
(c) An authority to exercise control within the legal entity.
2. In addition to the cases already provided for in paragraph 1, each Party shall adopt the necessary measures to ensure that a legal person may be held liable where the absence of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence established in accordance with this Convention on behalf of that legal person by a natural person acting under its authority.
3. According to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.
4. This liability is established without prejudice to the criminal liability of natural persons who committed the offence.
Article 23
Sanctions and measures
1. Each Party shall adopt the necessary legislative and other measures to ensure that criminal offences established under articles 18 to 21 are subject to effective, proportionate and deterrent sanctions. These include, for offences established in accordance with Article 18 when committed by natural persons, custodial sanctions that may result in extradition.
2. Each Party shall ensure that legal persons held responsible under Article 22 are subject to effective, proportionate and deterrent criminal or non-criminal sanctions or measures, including monetary penalties.
3. Each Party shall adopt such legislative and other measures as may be necessary to allow it to confiscate or otherwise deprive of the instruments and proceeds of criminal offences established under articles 18 and 20, paragraph (a), of this Convention, or property of which the value corresponds to such products.
4. Each Party shall adopt such legislative or other measures as may be necessary to permit the temporary or final closure of any establishment used to commit human trafficking, without prejudice to the rights of third parties in good faith, or to prohibit the perpetrator of the offence, on a temporary or final basis, the exercise of the activity on which the offence was committed.
Article 24
Aggravating circumstances
Each Party shall ensure that the following circumstances are considered to be aggravating circumstances in determining the penalty applied to offences established in accordance with Article 18 of this Convention:
(a) The offence endangered the life of the victim deliberately or by serious negligence;
(b) The offence was committed against a child;
(c) The offence was committed by a public officer in the performance of his duties;
(d) The offence was committed in a criminal organization.
Rule 25
Previous convictions
Each Party shall adopt legislative and other measures to provide for the possibility of taking into account, in the context of the assessment of the sentence, the final convictions in another Party for offences established in accordance with this Convention.
Rule 26
Non-sanction provision
Each Party shall, in accordance with the fundamental principles of its legal system, provide for the possibility of not imposing sanctions on victims for taking part in illicit activities when they have been constraints.
Chapter V
Investigation, prosecution and procedural law
Rule 27
Ex parte and ex officio
1. Each Party shall ensure that investigations or prosecutions relating to offences established under this Convention are not subject to the declaration or prosecution of a victim, at least when the offence was committed, in whole or in part, in its territory.
2. Each Party shall ensure that victims of an offence committed in the territory of a Party other than that in which they reside may file a complaint with the competent authorities of their State of residence. The competent authority to which the complaint was filed, to the extent that it does not exercise its jurisdiction in this regard, shall promptly transmit it to the competent authority of the Party in the territory of which the offence was committed. This complaint is dealt with under the domestic law of the Party where the offence was committed.
3. Each Party shall, by means of legislative or other measures, ensure, under the conditions provided for in its domestic law, groups, foundations, associations or non-governmental organizations whose purpose is to combat trafficking in human beings or to protect human rights, the possibility of attending and/or supporting the victim who consents to it in criminal proceedings concerning the offence established in accordance with Article 18 of this Convention.
Rule 28
Protection of victims, witnesses and collaborators
with judicial authorities
1. Each Party shall adopt such legislative or other measures as may be necessary to ensure effective and appropriate protection against possible reprisals or intimidations, including during investigations and prosecutions against or after the perpetrators, for the benefit of:
(a) Victims;
(b) Where appropriate, persons who provide information on criminal offences established under Article 18 of this Convention or who otherwise cooperate with the investigating or prosecuting authorities;
(c) Witnesses who make a statement regarding criminal offences established under Article 18 of this Convention;
(d) If necessary, family members of persons referred to in subparagraphs (a) and (c).
2. Each Party shall adopt the necessary legislative or other measures to ensure and provide various types of protection. Such measures may include physical protection, attribution of a new place of residence, change of identity and assistance in obtaining employment.
3. Every child has special protection measures that take into account his or her best interests.
4. Each Party shall adopt the necessary legislative or other measures to ensure, where necessary, appropriate protection from possible reprisals or intimidations, including in the course of investigations and prosecutions against or after the perpetrators, to members of groups, foundations, associations or non-governmental organizations that carry out one or more of the activities set out in article 27, paragraph 3.
5. Each Party shall consider the conclusion of agreements or arrangements with other States to implement this Article.
Rule 29
Specialized authorities and coordination bodies
1. Each Party shall adopt the necessary measures to ensure that persons or entities are specialized in the fight against trafficking in persons and in the protection of victims. Such persons or entities have the necessary independence, within the framework of the fundamental principles of the legal system of that Party, in order to exercise their functions effectively and are free from any unlawful pressure. Such persons or staff of such entities shall have training and financial resources appropriate to their functions.
2. Each Party shall adopt the necessary measures to ensure the coordination of the policy and action of the services of its administration and other public bodies fighting human trafficking, where appropriate by establishing coordination bodies.
3. Each Party shall provide or strengthen the training of officials responsible for the prevention and control of human trafficking, including human rights training. This training can be adapted to the various services and focuses, where appropriate, on the methods used to prevent trafficking, prosecute perpetrators and protect the rights of victims, including the protection of victims against traffickers.
4. Each Party shall consider appointing national rapporteurs or other mechanisms responsible for the monitoring of anti-trafficking activities carried out by State institutions and the implementation of obligations under national legislation.
Rule 30
Judicial proceedings
In compliance with the Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 6, each Party shall adopt the necessary legislative or other measures to ensure during the judicial proceedings:
(a) Protection of the privacy of victims and, where appropriate, their identity;
(b) Victim safety and protection from intimidation,
under the conditions laid down in its domestic law and, in the case of child victims, with particular regard to the needs of children and guaranteeing their right to specific protection measures.
Rule 31
Jurisdiction
1. Each Party shall adopt such legislative and other measures as may be necessary to establish its jurisdiction over any criminal offence established in accordance with this Convention when the offence is committed:
(a) On its territory; or
(b) On board a ship flying flag of that Party; or
(c) On board an aircraft registered under the laws of that Party; or
(d) By one of its nationals, or by a stateless person having his or her habitual residence in his or her territory, if the offence is criminally punishable where it has been committed or is not within the territorial jurisdiction of any State;
(e) Against one of his nationals.
2. Each Party may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary-General of the Council of Europe, specify that it reserves the right not to apply, or to apply only in specific cases or conditions, the rules of jurisdiction defined in paragraphs 1 (d) and (e) of this article or in any part of these paragraphs.
3. Each Party shall take the necessary measures to establish its jurisdiction over any offence referred to in this Convention, where the alleged perpetrator of the offence is present in its territory and may not be extradited to another Party solely for its nationality, after an extradition request.
4. Where a number of Parties claim their jurisdiction over an alleged offence established in accordance with this Convention, the Parties concerned shall, where appropriate, consult to determine the best extent to which the prosecution is carried out.
5. Without prejudice to the general rules of international law, this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.
Chapter VI
International cooperation and cooperation
Civil society
Rule 32
General principles and international cooperation measures
The Parties shall cooperate, in accordance with the provisions of this Convention, in accordance with the relevant international and regional instruments, with arrangements based on uniform or mutual legislation and their domestic law, to the extent possible to:
- to prevent and combat human trafficking;
– to protect and assist victims;
conduct investigations or proceedings concerning criminal offences established in accordance with this Convention.
Rule 33
Measures relating to persons threatened or missing
1. If a Party, on the faith of information available to it, has reasonable grounds to believe that the life, liberty or physical integrity of a person referred to in article 28, paragraph 1, is in immediate danger in the territory of another Party, it shall, in such an emergency, promptly transmit them to that other Party so that it may take appropriate protection measures.
2. Parties to this Convention may consider strengthening their cooperation in the search for missing persons, especially children, if available information may suggest that they are victims of human trafficking. To this end, Parties may enter into bilateral or multilateral treaties.
Rule 34
Information
1. The requested Party shall promptly inform the requesting Party of the final outcome of the measures undertaken under this chapter. The requested Party shall also promptly inform the requesting Party of any circumstances that make it impossible to carry out the requested measures or may delay it considerably.
2. A Party may, within the limits of its domestic law and in the absence of a prior request, provide to another Party information obtained under its own investigations where it considers that this may help the recipient Party to initiate or carry out investigations or proceedings relating to criminal offences established in accordance with this Convention, or where such information may result in a request for cooperation made by that Party under this chapter.
3. Before providing such information, the Party providing it may request that it remain confidential or that it be used only under certain conditions. If the recipient Party is not entitled to this request, it shall inform the other Party of this request, which shall then determine whether the information in question should nevertheless be provided. If the recipient Party accepts the information under the prescribed conditions, it will be bound by them.
4. All the information required in respect of articles 13, 14 and 16 and necessary for the allocation of the rights conferred therein shall be transmitted without delay to the request of the Party concerned, in accordance with article 11 of this Convention.
Rule 35
Cooperation with civil society
Each Party shall encourage the State authorities, as well as public officials, to cooperate with non-governmental organizations, other relevant organizations and members of civil society, in order to establish strategic partnerships to achieve the purposes of this Convention.
Chapter VII
Monitoring mechanism
Rule 36
Panel of Experts on the Fight
against Human Trafficking
1. The Panel of Experts on Combating Human Trafficking (hereinafter referred to as GRETA) is responsible for ensuring the implementation of this Convention by Parties.
2. GRETA is composed of a minimum of 10 members and a maximum of 15 members. The composition of GRETA takes into account balanced participation between women and men and a geographically balanced participation, as well as multidisciplinary expertise. Its members shall be elected by the Committee of the Parties for a term of four years, renewable once, among nationals of the States Parties to this Convention.
3. The election of GRETA members is based on the following principles:
(a) They are chosen from high morality personalities known for their competence in the field of human rights, assistance and protection of victims and the fight against trafficking in persons or having professional experience in the areas covered by this Convention;
(b) They sit individually, are independent and impartial in the exercise of their mandates and are available to carry out their functions effectively;
(c) GRETA cannot include more than one national of the same State;
(d) They should represent the main legal systems.
4. The procedure for the election of GRETA members shall be determined by the Committee of Ministers, after consultation with the Parties to the Convention and having obtained the unanimous consent, within one year of the entry into force of this Convention. GRETA adopts its own procedural rules.
Rule 37
Committee of the Parties
1. The Committee of the Parties shall be composed of representatives to the Committee of Ministers of the Council of Europe of the Member States Parties to the Convention and representatives of the Parties to the Convention who are not members of the Council of Europe.
2. The Committee of the Parties is convened by the Secretary-General of the Council of Europe. Its first meeting shall be held within one year of the entry into force of this Convention to elect GRETA members. It will meet thereafter at the request of a third of the Parties, the GRETA Chair or the Secretary-General.
3. The Committee of the Parties shall adopt its own rules of procedure.
Rule 38
Procedure
1. The assessment procedure covers the Parties to the Convention and is divided into cycles whose duration is determined by GRETA. At the beginning of each cycle, GRETA selects the specific provisions on which the assessment procedure will be carried.
2. GRETA determines the most appropriate means to conduct this evaluation. GRETA may, in particular, adopt a questionnaire for each of the cycles that may serve as a basis for the assessment of the implementation by the Parties to this Convention. This questionnaire is sent to all Parties. Parties shall respond to this questionnaire and any other request for information from GRETA.
3. GRETA may request information from civil society.
4. Subsidiarily, GRETA can organize, in cooperation with national authorities and the "contact person" designated by them, if necessary, with the assistance of independent national experts, visits to the countries concerned. During these visits, GRETA can be assisted by specialists in specific areas.
5. GRETA prepares a draft report containing its analyses on the implementation of the provisions on which the assessment procedure is concerned, as well as its suggestions and proposals on how the Party concerned can deal with the problems identified. The draft report is forwarded for comment to the Evaluation Party. Its comments are taken into account by GRETA when preparing its report.
6. On this basis, GRETA adopts its report and conclusions on the measures taken by the Party concerned to implement the provisions of this Convention. This report and conclusions are sent to the Party concerned and the Committee of the Parties. The GRETA report and conclusions shall be made public upon adoption with any comments from the Party concerned.
7. Without prejudice to the procedure provided for in paragraphs 1 to 6 of this Article, the Committee of the Parties may adopt, on the basis of the report and conclusions of GRETA, recommendations to that Party (a) concerning the measures to be taken to implement the GRETA conclusions, if necessary by setting a date for the submission of information on their implementation and (b) with the aim of promoting cooperation with that Party in order to implement this Convention.
Chapter VIII
Relationship with other international instruments
Rule 39
Relationship to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
This Convention does not affect the rights and obligations arising from the provisions of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The purpose of this Convention is to strengthen the protection established by the Protocol and to develop the standards set out in it.
Rule 40
Relationship with other international instruments
1. This Convention shall not affect the rights and obligations arising from the provisions of other international instruments to which the Parties to this Convention are Parties or become Parties and which contain provisions relating to substances governed by this Convention and which provide greater protection and assistance to victims of trafficking.
2. Parties to the Convention may enter into bilateral or multilateral agreements with each other relating to matters governed by this Convention for the purpose of supplementing or strengthening the provisions of this Convention or facilitating the application of the principles it enshrines.
3. Parties that are members of the European Union shall apply, in their mutual relations, the rules of the Community and the European Union to the extent that there are rules of the Community or the European Union governing the particular subject matter concerned and applicable in the case of a species, without prejudice to the object and purpose of this Convention and without prejudice to its full application to the other Parties.
4. Nothing in this Convention affects the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law, and in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non-refoulement contained therein.
Chapter IX
Amendments to the Convention
Rule 41
Amendments
1. Any amendment to this Convention proposed by a Party shall be communicated to the Secretary-General of the Council of Europe and shall be transmitted by the Secretary-General of the Council of Europe to the Member States of the Council of Europe, to any other signatory State, to any State Party, to the European Community and to any State invited to sign this Convention, in accordance with the provisions of Article 42, and to any State which has been invited to accede to this Convention in accordance with the provisions of Article 43.
2. Any amendment proposed by a Party shall be communicated to GRETA, which shall transmit to the Committee of Ministers its opinion on the proposed amendment.
3. The Committee of Ministers will consider the proposed amendment and the opinion expressed on it by GRETA; It may then, after consultation with the Parties to the Convention and having obtained the unanimous consent, adopt this amendment.
4. The text of any amendment adopted by the Committee of Ministers pursuant to paragraph 3 of this article shall be communicated to the Parties for its acceptance.
5. Any amendment adopted pursuant to paragraph 3 of this Article shall enter into force on the first day of the month following the expiration of one month after the date on which all Parties have informed the Secretary-General that they have accepted it.
Chapter X
Final clauses
Rule 42
Signature and entry into force
1. This Convention is open for signature by the Member States of the Council of Europe, by the non-member States involved in its preparation, as well as by the European Community.
2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 Signatories, including at least 8 Member States of the Council of Europe, have expressed their consent to be bound by the Convention, in accordance with the provisions of the preceding paragraph.
4. If a State referred to in paragraph 1, or the European Community, subsequently expresses its consent to be bound by the Convention, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
Rule 43
Accession to the Convention
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Parties to the Convention and having obtained its unanimous consent, invite any non-member State of the Council of Europe having not participated in the elaboration of the Convention to accede to this Convention by a majority decision provided for in Article 20 of the Statute of the Council of Europe, and unanimously by the right of the Contracting States
2. For any Member State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession to the Secretary General of the Council of Europe.
Rule 44
Territorial application
1. Any State, or the European Community, may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
2. Any Party may, at any other time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in that declaration and shall maintain international relations or on whose behalf it is authorized to make commitments. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory designated in that declaration, be withdrawn by notification addressed to the Secretary General of the Council of Europe. This withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 45
Reservations
No reservation shall be permitted to the provisions of this Convention, except as provided for in Article 31, paragraph 2.
Rule 46
Denunciation
1. Any Party may, at any time, denounce this Convention by making a notification to the Secretary-General of the Council of Europe.
2. This denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 47
Notification
The Secretary General of the Council of Europe shall notify the States members of the Council of Europe, any signatory State, any State Party, the European Community, any State having been invited to sign this Convention in accordance with Article 42, and any State invited to accede to the Convention, in accordance with Article 43:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance, approval or accession;
(c) Any effective date of this Convention in accordance with Articles 42 and 43;
(d) Any amendment adopted in accordance with Article 41 and the date of entry into force of that amendment;
(e) Any denunciation made under the provisions of Article 46;
(f) Any other act, notification or communication relating to this Convention;
(g) Any reservation under section 45.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Warsaw on 16 May 2005, in English and French, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each member State of the Council of Europe, to the non-member States that have participated in the elaboration of this Convention, to the European Community and to any other State invited to accede to this Convention.
French statements
The French Government, pursuant to Article 31, paragraph 2, declares that it will not exercise its jurisdiction in respect of the offences set out in Article 20 of this Convention and committed by its nationals outside the territory of the French Republic only provided that the facts are also punished by the legislation of the country in which they were committed, and that they have given rise to either a complaint of the victim or of his or her legal persons, or to an official denunciation of the
The French Government, pursuant to Article 31, paragraph 2, declares that it will not exercise its jurisdiction in respect of the offences established by this Convention and committed against one of its nationals outside the territory of the French Republic unless the facts have given rise to either a complaint by the victim or to an official denunciation of the authorities of the country where they were committed.
Done in Paris, October 31, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
