Stability Pact: Anti-Trafficking Task Force

Anti-Trafficking

Statement on Commitments on Victim/Witness Protection and Trafficking in Children

The under-signed Government Ministers and State Representatives (hereinafter referred to as Signatories)

Recalling the commitments on combating trafficking in human beings contained in the Stability Pact Anti-trafficking Declaration of South Eastern Europe, signed in Palermo on 13 December 2000; the Statements on Commitments signed in Zagreb on 27 November 2001 and in Tirana on 11 December 2002;

Taking into consideration all relevant international and European Instruments regarding victim/witness protection including but not limited to the following: UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the UN Convention against Trans-national Organized Crime (2000), the EU Council Framework Decision (2002/629/JHA) on Combating Trafficking in Human Beings; and the Council of Europe’s Recommendations R(2000)11, R (2001) 16 and R(97)13;

Reaffirming the commitments taken by OSCE participating States including the Vienna Ministerial Decision (2000); the Bucharest Ministerial Decision ( 2001); the Porto Ministerial Declaration (2002);

Aware of the Hague Ministerial Declaration on European Guidelines for Effective Measures to Prevent and Combat Trafficking in Women for the Purpose of Sexual Exploitation (1997);

Acknowledge the responsibility of the state to assist and protect victims of trafficking, irrespective of their ability or willingness to testify in court proceedings.
Reaffirm the importance of legalizing the status of victims of trafficking and the need to grant an extended stay for trafficked persons.
Recognize the fact that it will depend to a great extent on the capacity and readiness of states to protect victims of trafficking whether they are prepared to become witnesses.
Recognize further that criminal prosecution must be reconciled with the protection of the human dignity of the victims.
Consent that the status of victims in criminal proceedings deserves particular attention.
Acknowledge that victims of trafficking must be fully informed about the consequences of testifying in court.
Consent that victims of trafficking must have the right to refuse to testify.
Recognize that victims of trafficking should not be excluded from criminal proceedings.

The Signatories have agreed as follows:

To further develop pertinent laws on victim/witness protection and to implement them consistently with a view to guaranteeing the safety of the victim/witness as long as required.

To enact and implement procedures to protect victim/witnesses from re-traumatization at trial based upon intimidation or unnecessary confrontation with the offenders.

To implement procedural rights such as: testimony by video-conferencing, hearing in camera, audio/video recording of statements, temporary exclusion of defendant, contempt provisions, relocation of the trial.

To ensure victim-witness’ access to independent and competent legal representation and advice prior to and during court proceedings.

To assure that the victim/witness will be informed of developments during the investigation and court proceedings and upon the trafficker’s release after serving his sentence.

To institutionalize cooperation between governmental authorities and local NGOs in victim/witness protection.

To develop and implement mechanisms and procedures for continuous risk assessment.

To seek enactment of regional/international agreements for temporary and/or permanent relocation of victim/witnesses. Furthermore, the under-signed Government Ministers and State Representatives (hereinafter referred to as Signatories)

Taking into consideration all relevant international and European Instruments regarding child trafficking including but not limited to the following: UN-Convention on the Rights of the Child (1989 ) and Optional Protocol to the UN-Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000); the ILO Convention 29, 138 and 182 on Worst Forms of Child Labour (1999) and the ILO Recommendation 190 on Worst Forms of Child Labour (1999);

Aware of the Stockholm Declaration and Agenda for Action against Commercial Sexual Exploitation of Children (1996) and the Yokohama Global Commitment (2001);

Acknowledge the responsibility of the state to systematically address the problem of trafficking in children within the region;
Recognize the responsibility of the state to adopt practices and procedures relating to child trafficking conforming to and never inconsistent with the best interest of the child;
Recognize the importance to establish a working group on child trafficking led by child specialists and linked to the National Working Group to combat human trafficking;
Consent to develop a comprehensive National Plan of Action Against Trafficking in Children to address the different and special aspects of child trafficking;

The Signatories have agreed as follows:

To develop and adopt minimum standards for the treatment of child victims of trafficking based upon the guidelines developed by UNICEF in accordance with other International and Non-Governmental Organizations;

To systematically collect data on child trafficking;

To take all necessary measures to establish effective procedures for the rapid identification of child trafficking victims;

To adapt special referral procedures to assist and protect trafficked children involving all relevant institutions, agencies and authorities.

The STATEMENT ON COMMITMENTS shall not prejudice or affect the application of other bi-lateral or multi-lateral agreements currently in force or subsequently concluded by the Signatories.

Sofia, 10 December 2003