Council of Europe – Domestic Servitude, Au Pairs, “Mail-Order Brides”
Author: Womens UN Report Network
Date: August 16, 2010
WUNRN
|
Council of Europe – Parliamentary |
|
Recommendation
1663 (2004)1
Domestic Slavery: Servitude, Au Pairs and “Mail-Order Brides”
1. The Parliamentary Assembly is dismayed that slavery continues to exist in
Europe in thetwenty-first century. Although, officially, slavery
was abolished over 150 years ago, thousands of people are still held as slaves
in Europe, treated as objects, humiliated and abused. Modern slaves, like their
counterparts of old, are forced to work (through mental or physical threat)
with no or little financial reward. They are physically constrained or have
other limits placed on their freedom of movement and are treated in a degrading
and inhumane manner.
2. Today’s slaves are predominantly female and usually work in private
households, starting out as migrant domestic workers, au pairs or “mail-order
brides”. Most have come voluntarily, seeking to improve their situation or
escaping poverty and hardship, but some have been deceived by their employers,
agencies or other intermediaries, have been debt-bonded and even trafficked.
Once working (or married to a “consumer husband”), however, they are vulnerable
and isolated. This creates ample opportunity for abusive employers or husbands
to force them into domestic slavery.
3. Domestic slaves, exploited au pairs and abused “mail-order brides” find
it difficult to extract themselves from their situation. In a foreign country,
far from home, many of the victims do not even speak the language of the
country they live in, let alone know its laws and customs. Their employer or
husband will usually have a hold over them, threatening them or their relatives
with further abuse and reprisals should they dare to complain or leave. Many of
them do not know where to turn for help and do not dare go to the police for
fear of deportation. In addition, the police in host countries are often less
than sympathetic to domestic slaves who have escaped, especially if they have
no papers or if their papers are not in order.
4. In this sense, the Italian experience can be considered an example of
good practice, thanks to the adoption in 2003 of an effective anti-trafficking
law which incorporated the basic guidelines set forth in the United Nations
Protocol to Prevent, Suppress and Punish Trafficking in Persons especially
Women and Children, supplementing the United Nations Convention against
Transnational Organised Crime, and made any behaviour which may be associated
with trafficking in human beings a specific criminal offence; it also added
servitude to slavery as grounds for indictment in the criminal code. Strict
sanctions are accompanied by a strengthened mechanism for protecting and
assisting victims through the establishment of an ad hoc fund for action
against anti-trafficking under the presidency of the Council of Ministers.
5. The Council of Europe must have zero tolerance for slavery. As an
international organisation defending human rights, it is the Council of
Europe’s duty to lead the fight against all forms of slavery and trafficking in
human beings. The Organisation and its member states must promote and protect
the human rights of the victim and ensure that the perpetrators of the crime of
domestic slavery are brought to justice so that slavery can finally be
eliminated from Europe.
6. The Assembly thus recommends that the Committee of Ministers:
i. in general:
a. bring the negotiations on the Council of Europe draft convention
on action against trafficking in human beings to a rapid conclusion;
b. encourage member states to combat domestic slavery in all its
forms as a matter of urgency, ensuring that holding a person in any form of
slavery is a criminal offence in all member states;
c. ensure that the relevant authorities in the member states
thoroughly, promptly and impartially investigate all allegations of any form of
slavery and prosecute those responsible;
d. recommend that member states review their immigration and
deportation policies, granting victims of domestic slavery at least temporary
residence permits (if possible, in conjunction with work permits) and allowing
them to file complaints against their abusive husbands or employers if they
wish to do so;
e. urge member states to provide an efficient support network for
victims (including emergency accommodation, health care, psychological and
legal counseling services) and attribute funds to non-governmental
organisations working in this area;
f. ensure that victims of slavery are provided with reparation,
including compensation, restitution, rehabilitation, satisfaction and
guarantees of non-repetition;
ii. as concerns domestic servitude:
a. elaborate a charter of rights for domestic workers, as already
recommended in Recommendation
1523 (2001) on domestic slavery. Such a charter, which could take the form
of a Committee of Ministers’ recommendation or even of a convention, should
guarantee at least the following rights to domestic workers:
– the recognition of domestic work in private households as “real work”,
that is, to which full employment rights and social protection apply, including
the minimum wage (where it exists), sickness and maternity pay as well as
pension rights;
– the right to a legally enforceable contract of employment setting out
minimum wages, maximum hours and responsibilities;
– the right to health insurance;
– the right to family life, including health, education and social rights
for the children of domestic workers;
– the right to leisure and personal time;
– the right for migrant domestic workers to an immigration status
independent of any employer, the right to change employer and to travel within
the host country and between all countries of the European Union and the right
to the recognition of qualifications, training and experience obtained in the
home country;
b. recommend the introduction of a system of accreditation for
agencies placing domestic workers, which would commit these agencies to certain
minimum standards, such as charging reasonable fees, tracking the employees
they have placed and providing emergency help in cases of difficulty.
Accredited agencies could have visa applications put forward on their behalf
validated automatically;
c. ensure regular monitoring by appropriate authorities of the
agencies accredited under the system referred to in sub-paragraph b
above;
iii. as concerns au pair placement:
a. issue guidelines in the form of a Committee of Ministers’
recommendation to member states, which would ensure that the distinctive status
of au pairs (neither students nor workers) is recognised and safeguarded, their
working conditions and social cover are fixed and that the au pair industry is
appropriately regulated at national and international level;
b. recommend government regulation of the au pair placement industry,
through the creation of a system of accreditation, by virtue of which agencies
that commit themselves to certain minimum standards – such as charging
reasonable fees, ensuring au pairs enter into a legally binding contract with
their employers which clearly states rights, responsibilities and duties and
providing emergency help in cases of difficulty – would see visa applications
put forward on their behalf validated automatically. Accredited agencies should
also be committed to doing background checks on both the prospective au pair
and the prospective host family to ensure that they do not have criminal
convictions, for example for sexual or child abuse;
c. ensure regular monitoring by appropriate authorities of the
agencies accredited under the “accreditation” system referred to in
sub-paragraph b above;
iv. as concerns “mail-order brides”:
a. consider including “mail-order brides” in the scope of the draft
convention on action against trafficking in human beings, in particular when
the “bride” in question has become a victim of violence or other abuse, such as
domestic slavery;
b. recommend the regulation of agencies active in this field through
the introduction of an accreditation system, which would commit these agencies
to certain minimum standards, such as charging reasonable fees, ensuring that
the persons responsible for an Internet agency site are clearly identifiable
and that users of the site are obliged to identify themselves, following up
marriages and providing an emergency contact number. Agencies should also be
committed to carrying out background checks on the prospective bridegroom to
ensure he does not have a criminal record (for example for domestic violence or
procurement) when couples consider marriage;
c. ensure regular monitoring by appropriate authorities of the
agencies accredited under the “accreditation” system referred to in
sub-paragraph b above.
Categories: Releases
