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Home arrow newsitems arrow COE+OSCE Leaders v. Human Trafficking to Eurofora on 10 Years Experience (2008-2018)+the Way Forward

COE+OSCE Leaders v. Human Trafficking to Eurofora on 10 Years Experience (2008-2018)+the Way Forward

Written by ACM
Tuesday, 22 May 2018

 

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*Strasbourg/CoE/Angelo Marcopolo/- On the Occasion of a well attended, 2 Days-Long, International Conference on Stock-Taking of 10 Years in Fighting versus Human Trafficking and Abuse, the Leaders of PanEuropean CoE's (47 States, incl. Russia+)) and Euro-Atlantic OSCE (57 States, incl. USA+) Organisations' activities in that area of Growing Importance during Recent Conflicts and other Crisis around Europe, stressed to "Eurofora" what they Believe to be the Main Challenges and Priorities Nowadays and in the foreseeable Future :

 

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 - The New President of CoE's Watchdog, composed by Independent Experts checking the Implementation of the relevant PanEuropean Convention against Trafficking in Human Beings ("GRETA"), Irish Jurist Mrs Siobhan Mullally, speaking to "Eurofora", stressed, in Substance, that, among the 3 main Practical Objectives : Prevention, Protection of Victims, and Punishment of Traffickers and/or those who Exploit such Crimes, what has Become more Urgent, Nowadays, is, in Fact, "Prevention".

 

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- Particularly, since the Recent Socio-Economic Crisis and Waves of various Displaced People towards Europe include also Many Children, as she noted, pointing at an Issue that GRETA has Just Examined also in a Special Research on "Trafficking in Children", which was Published this May 2018.

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Significantly, 4 out of 5 Categories of Child Trafficking Risks, affect mostly European Children, such as, f.ex., "Not Registration at Birth", Children "in Street", "Placed in Institutions", and/or "from Disadvantaged Communities". Recently emerged also the Issue of "Unaccompanied or Separated" and "Irregular Migrant" Children. Between 2012-2015, Most of them, in Absolute terms, were Found in the UK (almost 2.500) and Romania (about 1.300). But in Percentage among All Various Victims of Human Trafficking, Children representred the Biggest Proportion of around the Half in Montenegro, Croatia and Albania, (53%, 51% and 43%), while they were, on the Contrary, Only a Small Minority in Cyprua and Austria, Denmark and Georgia, as well as in Slovakia, (3%, 4%, 5%, 5%, and 8%, respectively).


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- However, for the even Wider view of Euro-Atlantic OSCE's Special Representative and Coordinator against Human Trafficking, Ambassador Madina Jarbussynova from Kazakstan, Speaking to "Eurofora", stressed, in Substance, that, considering "Both Pan'European and UNO's" recent Data, what is currently Lacking most of all in the International Fight against Traffickingt of Human Beings was Efficient Persecution of those Responsible for such Crimes, in order to Bring them to Justice, to Fight Impunity.


+ In order to Strengthen the Efficiency of that Fight, CoE, OSCE and the UN need to Work Together, inter alia, also, particularly in order to Target, around the World, those "Chains of Supplies", which Exploit Forced Labour resulting from Human Trafficking, the OSCE's competent Senior Official also pointed out earlier, (See Infra).


- She had just, actively Participated in a Special Panel Discussion, explicitly Focused on current efforts for "Building Strategic Partnerships", together with a Representative of the "Organisation of American States" (OAS), and Other Key Experts, (See Infra).


-  Significantly, that Panel, obviously Important for the foreseeable Future, had been attended also by CoE's Director on Anti-Trafficking, Perya Nestorova, who Spoke to "Eurofora" both Before and After that Meeting :

 

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- Experienced Anti-Trafficking CEO Nestorova, who was the main Organiser, in practice, of this exceptional International Conference attended by about 150 Experts for the 10th Anniversary of CoE's relevant Convention (2008-2018), while speaking to "Eurofora", spontaneously Chose to Focus, indeed, on the Need for International Cooperation in the Fight against Trafficking of Human Beings : In this regard, she Regretted the Absence of an EU Representative, who had been Invited, and the Obstacles (by Lack of due Visa on Time) for a Representative of African Countries to arrive Timely in Strasbourg,  as well that of an ASEAN's Expert (despite a New CoE-ASEAN "Comparison" Study, just Published on this May 2018), that she found certainly Useful to Associate in the foreseable Future. But she Hailed the Active Presence of Both the OSCE's and OAS' Senior Officials.

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=> Nestorova revealed to "Eurofora", in this regard, that Tomorrow, on Wednesday, 23 of May, CoE organizes, indeed, an Exceptionaly Important Meeting with "National Coordinators" from Member States' Governments, as well as the OSCE's competent Representative, Kazak Ambassador Jarbussynova, (Comp. Supra), which will work behind closed doors because of the Sensitive character of those Issues, in order to Discuss and Decide on a Series of Practical Measures that they all intend to take, in closer Cooperation, in order to Better Face the Challenges already witnessed in the Past 10 Years, until Now, as well as to Forge a common Strategy Facilitating to Advance Forward Together in the Foreseeable Future, taking into account also the Latest relevant Developments, (especially in and/or around Europe).

 

+ Meanwhile, OAS' Representative, Anna Ochoa, had reminded (during the above-mentioned Special "Panel" on "Partnerships" : Comp. Supra + Infra), that the American States have explicitly Decided to Launch a systematic Anti-Trafficking Policy Later than Europe : mainly Since 2014. But, despite the participation, in principle, of more than 20 States, (including also the Caraibes), nevertheless, a Problem still was, f.ex., that Judicial Cooperation on that matter had Not yet been Established, except from 4 ou 5 interLinked Countries, including the USA, etc. However, Better Perspectives were Expected for the Recent Launch of a "Knowledge" Network in that area of activities, Starting from March 2018, (etc).

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>>> On the Contrary, for the European States, there are Clear Rules at CoE's Anti-Trafficking Convention, about what they should do, But, it seems that there is, until now, a real "Problem of Implementation", particularly as far as it concerns the necessary "Investigations" about Traffickers, observed British Ambassador/Permanent Representative to the CoE, Christoper Yvon, who is President of the "Committee of the (State) Parties", Monitoring how those Rules are Applied in real Practice.

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 - However, according to ECHR's Case-Law,  there is even a Legal Responsibility for COE's Member States to Take at least certain elementary Measures of Anti-Trafficking, because, Otherwise, they Risk to be Found "Accountable" for Human Rights' Violations, Warned CoE's Director-General on Democracy, Snezana Samardzic - Markovic, right from the Beginning of this Conference.

 

                                                          

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 -She pointed at ECHR's vice-President, Linos-Alexander Sicilianos, who Explained that, according to the Case-Law developed by Euro-Judges, States have a "Positive Obligation" to Take Certain relevant Measures, (as, f.ex., to "Criminalize" the Trafficking of Human Beings, etc), flowing from the PanEuropean Convention of Human Rights' Article 4, on "¨Prohibition of Slavery, and Forced Labour", which include Prevention, Help^to Victims, and Judicial Enquiries in order to find and punish those responsible for such Crimes, (as it results, f.ex., by the Famous case of "Rantseva v. Cyprus and Russia" : the Death of a Russian Girl in Cyprus, after she Tried to Escape from Pressure to become a Prostitute, but also from 2 Other Cases concerning Greece, etc, as he noted). Moreover, "from 2017", the ECHR started to make even Explicit and Direct References to "GRETA"s Findings and/or Recommendations, thereby creating "Synergy".


But the Most Moving Event was, unquestionably, that of a Session dedicated to the original Testimonies of Victims who "Survived" Human Trafficking, and Described their traumatic Personal Experience :


- According to Spanish Social Worker Branna Noelle-Hodge, Many Victims "look like Machines", who don't Turst Nobody, and/or "they Lie", staying "under Constant Fear", in a "UnStable Situation", "Threatened to be Send to anOther Country", etc. Often we give them Phones and Numbers to call 7/7 and 24/24, she said.

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- But things appeared quite Different, with Young Yazidi Woman Farida Abbas Khalaf, a Survivor and Rescapee from  4 Months of Captivity by ISIS' Deadly Islamist Terrorists, cowardly Targetting defenseless, innocent Civilian People, at Iraq :  - "Don't let our Abusers get Away with their Crimes !", she urged from the outset.


- Most ISIS' Attacks started from 2014 to Spread at Iraq their Atrocities, which intended to commit a Genocide, by Destroying us, as Yazidi Minority : They Targetted Women and Girls with Rape, Torture, Humiliations, using Sexual Slavery as a Weapon to Destroy our Community, she Denounced. I still live that Tragedy, and I Fell this Scar will Never Disappear. ISIS Killed by Father and Brother, Captured my Mother, and held me in Captivity for 4 Months, submitted to Physical and Mental ill-treatments. Still more than 3.200 Women are in Captivity or Missing nowadays, and many Christians, etc. have been Taken Away from Syria to Iraq", she Denounced. 

- "But Nobody has been yet Prosecuted for all those Crimes ! Not Any of those ISIS' Criminals Arrested, Investigated and Punished. If they Return to Europe, they should Face Justice : Jihadis Returning to Europe should Face Real Justice !", she urged.


 => CoE should call for Support to People victims of Genocide attempts, for ReConstruction of Homes and Infrastructures Destroyed, and to practice Open Doors for Real Refugees who Face Genocide, she added.
+ In Addition,  "People of AFRIN (Syria's Kurdish Canton recently Invaded and Occupied by Turkey's Military Troops and various Jihadist Armed Gangs) all lie in Constant Fear : CoE should adopt a Resolution to Help them against Pressure from Radical Groups", the fragile Yazidi Woman urged Today.


(See also Statements of Award-Winning and Book Writer Yazidi Woman Survivor of ISIS, Farida Abbas-Khalaf to "Eurofora", later-on, at: http://www.eurofora.net/newsflashes/news/yazidiwomanisissurvivoraskstohelpafrin.html).
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- Speaking Afterwards, on the sidelines of one among the 4 Different "Panels" of Experts set up by this CoE's International Conference, Greece's National Rapporteur on Trafficking of Human Beings, Dr. Heracles Moskoff, stressed to "Eurofora" that, in order to Succeed in the necessary Fight against Impunity, "Victims must be Protected" : Because it's Only Then that they Can bring Testimonies, and bear Witness against Criminals, as he observed.  

 

He couldn't explain, however, how is it possible for more than 1,5 Millions of Mass Asylum Seekers/Irregular Migrants to suddenly enter Europe via Greece through Turkey, already on 2015-2016, without practically anyone to have been arrested for Human Trafficking : - "Even if Smuggling is not the same thing as Trafficking, nevertheless, that Question remains open, since it seems that the Gravity of that Danger had not yet been fully perceived by Law Enforcement Authorities in Europe", Dr. Moskoff agreed with "Eurofora".

 

 But the above-mentioned Role of Victims became Key in the Panel Focused on "Criminal Justice Efficiency", whose Conclusions were presented by Rapporteur Rita Theodorou, GRETA Member from Cyprus:

 

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- Indeed,  Human Trafficking's Victims, abused as "Slaves" and "Disposable Commodities", are Nowadays often lurred and traped by "Softer Methods", including, f.ex., "Promises for a Better Life", she pointed out.

 

=> Thus, sometimes, they "Suddenly Refuse to Cooperate" with Law Enforcement Authorities, "or Lie", etc., may be Because "they are Afraid" and/or "Tired and Lost", etc., she regretted.

 

-  In such cases, recalcitrant Victims should Not be Prosecuted, because, then, they won't cooperate at all, GRETA Expert Theodossiou advised. On the Contrary, Victims should be provided Support, (f.ex. by Legal Aid,  Social Measures, Financial incitations, etc).

 - Even if the Investigations would Not have to Wait for Victims to come out, before doing anything, but, on the contrary, try to Advance also by any other possible means, including, f.ex., International Cooperation, which has Not yet been Used enough, she suggested.

 

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 + But, in Other Cases, the Experienced Dutch National Rapporteur on Human Trafficking and Sexual Exploitation of Children, former Long-Time Attorney General of the Netherlands, Herman Bolhaar, (who participated at a Panel on "Strategic Partnerships"), revealed a Troubling Reality :


- During Many Years, Police had been Arresting several "Minors" mainly for Stealing, etc, but was routinely led to Let them Free to Go, afterwards, particularly because of their Age, etc. However, most of them used to Commit again and again such Offences, so that they were Coming and Going through Police and Courts for Endless Years, without any clear Horizon in view, he described.


- Suddenly, However, anOther Police Specialist, with Wider Experience, Suspected that "a Criminal Organisation was Behind" those "Children", "Minor Offenders, which were also Victims of Trafficking", the Dutch Expert pointed out. And, Indeed, an Efficient Investigation in that Direction, led the Police to Discover a Wide Organized Plot by Criminals, who had been Exploiting those Minors in order to systematically Commit a Great Number of Offences, without being ever exposed or cought themselves, since they were always Hidding Behind the scene
...


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+ Meanwhile, anOther, quite UnExpected Stimulus for a Better Implementation of CoE's Anti-Trafficking Convention, appeared to be the "Name and Shame" Policy against "Clients" Expoiting Human Trafficking's Victims, which Resulted into inciting Many Big Businesses to Seek some kind of "Ethical Certificates" for their Products and/or Services, showing that they Respect Basic Human Rights of their Workers throughout all the Supply Chains, (See relevant "Eurofora"s NewsReport, at : http://www.eurofora.net/newsflashes/news/bigbusinessandcoevhumantraffiking.html).



(../..)



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(NDLR : "DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, might be published asap)

 

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Former "Green-Red" German government's Foreign Minister Joschka Fischer's job at the controversial Turkish pipeline "Nabucco" was denounced as "not proper", "very bad", and "incompatible with Democracy", by the new President of EU Parliament's EuroLeft Group, German Lothar Bisky, replying to an "EuroFora" question.

For once, criticism of Joschka Fischer's doings with Turkey affecting Europe, didn't come only from the Center-Right of the political spectrum, but even from his Left side : The experienced Bisky, who has been chairing all over 1993-2009 the PDS - Die Linke party :  

- "Former Foreign Minister Joschka Fischer got involved in dealings with oil-gaz business in a foreign country, Turkey, and its controversial Nabucco pipeline. This raises questions about Democracy, also because of the well known problems of Human Rights violations in that country. Do you thing that this might be abused in order to cover up and close EU's eyes on Human Rights violations ?", "EuroFora" asked Bisky.

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- "Nabucco pipeline is (only) at the planning stage". And "there are some difficulties",  he observed from the start. But "'I don't want to get into the details of Nabucco pipeline, because I don't think that there is any point for it at the moment".
 
At any case,  "we  (EU Parliament's EuroLeft Group) strongly believe that Politicians should not get involved in the Energy Business, and all these commercial transactions", President Bisky declared on the Joschka Fiischer's affair.

- "We feel that it's something that shouldn't be done. It's not proper !"           

- "We don't think that it's compatible with Democracy either, and it gets politics into a very Bad track", Bisky went on to denounce.
                                                                                                                                                                        
- "EuroLeft  and "Die Linke" always spoke against that, saying that politicians should not get directly into the arms of private enterprises"

- "It is pretty bad if a former Minister takes a job f.ex. in a major Energy producer. So, it's an issue if a Minister who may have seen excellent opportunities, subsequently gets personally grasp of them, in very serious parts of the economy, once he has given up his (Government) job."

- "It doesn't really make politics in general look any better'", Bisky concluded.

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Earlier, this week in Strasbourg, other Journalists had also raised critical questions on former Foreign Minister Joschka Fischer's involvement in the conroversial Turkish Nabucco pipeline to the President of his own EuroParty : Kohn-Bendit of the "Greens", who, contrary to Bisky, tried to find excuses for Fischer, while criticizing his long-time partner, Schroeder for having done a similar move :

- "Shroeder was chancellor", and he "negociated" with "Russians", who gave him a job only "3 Months" after he resigned from the Government. While "Joschka Fischer", on the contrary, got a job with the controversial Turkish Nabucco pipeline only "4 Years after" he left the Government. "He didn't negociate Nabucco", so I have "no objection", Kohn Bendit claimed.

But, many Facts indicate the contrary :

Joschka Fischer was Foreign Minister in Germany from 1999 up to 2005 : I.e. from the year that EU took the controversial decision to give Turkey a "Candidate" status, until he year it started controversial "accession negotiations, (later declared "open-ended" after Sarkozy-Merkel's arrival from 2005-2007).

During that period was prepared the controversial so-called "Annan" Plan (in fact, drafted by others and attributed afterwards to the former UN SG) on Cyprus, which failed after a Popular Referendum said "No" on 2004 with a large Majoriy of 3/4 : 75%. Mainly because it was criticized for making too much concessions to the Turkish side :  Particularly by restricting Greek Cypriot Refugees' Human Right to return to their ancestral Land and/or get restitution of their Familiy Homes and private properties, usurpated by Ankara's Army since the 1974 militay invasion and continuing occupation of the northern part of Cyprus. And by weakening the Central Government, leaving to 2 "constituent States" so much powers and separate interests that more conflicts appeared inevitable, provoking the danger of a break-down in the foreseable future, with more crisis, troubles, perhaps bloodshed, etc., instead of creating an harmoniously integrated, really one federal State.

The controversial Plan was finalized on March-April 2004 at Burgenstock (Switzerland), curiously in the presence of an Envoy by the Ministry of Foreign Affairs of Germany, then governed by Joschka Fischer, but in the absence of a French and not even an European Union's Envoy, contrary to what was usually practiced on similar occasions in Switzerland (fex. in 1997 at Montreux, in 2000 at Geneva, etc).

Turkey notoriously exploited the failure of the "Annan" Plan in order to convince the EU to decide to start accession Negotiations on December 2004. This provoked an unprecedented series of Institutional Crisis inside the EU, shortly afterwards, when French and Dutch People rejected, 2 popular EuroReferenda by a majority "'No" vote to the EU Constitutional Treaty on 2005, aggraveted in 2004 a Majority Abstention to EU Elections, etc., followed by the recent Irish "No", etc.

"Nabucco" Gas pipeline was notoriously planned since ..2002. It follows an even earlier idea, for an Oil pipeline Baku-Ceyhun, which started to be prepared on 1999-2001 and was meanwhile recently completed.  

So, facts indicate that what is now at stake is based on decisions made during Joschka Fischer's term as former Foreign Minister, closely interested in Turkey's controversial EU-bid.

To the point that he now practically ...switched jobs with a poliician from Turkey, (the State which pays today openly Joschka Fischer), Mr. Ozdemir, who came earlier in Germany, got fast the nationality, and became EiuroMP in a few years, continuing now as head of the "Greens" in Germany, i.e. in Joschka's former job !...

Such astonishing facts risk, unfotunately, to give to German politician Lothar Bisky's criticism of  representative Democracy a topical meaning :

 - "We (EuroLeft Group) think that what is really at stake is Democracy. It's not only about Gas Pipelines or Energy sources", President Lothar Bisky went on to add in his reply to "EuroFora"'s question on Joscka Fischer's personal interests in the controversial Turkish "Nabuco" pipeline.

Such facts, "make People get more distance from Politics. ...People had had enough, and they are fed up !".

- "That's why we (EuroParliament's "EuroLeft" Group) want to strengthen Direct Democracy in Europe. Citizens should be involved in the (EU) Decision-making. In the end of the day, it's not going to help anyone if Politicians are always taking decisions, without involving Citizens. We want to give a voice to the People of Europe. They've got to have their say in the decisions that are taken. That's one of our absolutely fixed and steadfast views. We want more Direct Democracy in Europe. That's how it can become more effective and stronger", he concluded.

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