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Item 4.1 Committee of Ministers Reply to Parliamentary Assembly Recommendation 1321 (1997) IMPROVING THE SITUATION OF WOMEN IN RURAL SOCIETY Decision The Deputies adopted the following reply to Parliamentary Assembly Recommendation 1321 (1997): "The Committee of Ministers has carefully examined Recommendation 1321 (1997) of the Parliamentary Assembly on improving the situation of women in rural society and brought it to the attention of the Governments of its member States. The Committee of Ministers welcomes the interest shown by the Parliamentary Assembly in this issue. The Recommendation is a valuable contribution to the follow-up to the 4th World Conference on Women (Beijing, 4-15 September 1995). While the Committee of Ministers has not made detailed studies of the specific position of women in rural areas, some projects have been undertaken in the framework of the co-operation and assistance Programmes with countries of Central and Eastern Europe. A seminar on rural women and their participation in public and economic life was organised in 1996 at the request of the Slovak authorities. Other international organisations have recently carried out in-depth research on the status, role and prospects of women in rural areas with a view to improving their rights (the Commission of the European Communities, the European Parliament and the Food and Agriculture Organisation). The Committee of Ministers does not wish to duplicate this work. The Committee of Ministers believes that, while the matter is an important one, it would be difficult for the time being to insert any specific activity into the present work programme, which is in the process of being restructured to reflect the Council of Europe priorities set at the Second Summit of Heads of State and Government." Item 4.1 COMMITTEE OF MINISTERS REPLY TO PARLIAMENTARY ASSEMBLY RECOMMENDATION 1325 (1997) TRAFFIC IN WOMEN AND FORCED PROSTITUTION IN COUNCIL OF EUROPE MEMBER STATES "1. The Committee of Ministers has noted with interest Parliamentary Assembly Recommendation 1325 (1997). It shares the Concern of the Parliamentary Assembly regarding the dramatic increase in recent years in traffic in human beings for sexual exploitation. 2. The importance that the Committee attaches to this question was underscored in the Final Declaration of the Second Summit, where the Heads of State and Government reaffirmed their "determination to combat violence against women and all forms of sexual exploitation". 3. In order to address the issues raised in Recommendation 1325, the Committee of Ministers has created a Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation (EG-S-TS). Under its terms of reference, adopted in June 1997, the task of the Group is "to plan and prepare actions that the Council of Europe could undertake in the field of combating traffic in human beings for the purpose of sexual exploitation, and in particular traffic in women and children, notably girls." 4. The Group is in the process of preparing a draft Recommendation containing principles and suggested action at national level in the fight against trafficking in human beings for sexual exploitation. 5. Against the background of the Second Summit, a Follow-up Conference to the World Congress against Sexual Exploitation of Children (Stockholm, August 1996) was organised in Strasbourg on 28 and 29 April 1998. In the light of this Follow-up Conference, the European Committee on Crime Problems (CDPC), at its 47th plenary session, in June 1998, set up a reflection group to examine the follow-up to the Conference and to address proposals to the Committee of Ministers. 6. Given that the issues raised in the Recommendation concern many sectors of activity, the Deputies requested opinions from the competent steering committees. These opinions - the substance of which are shared by the Committee of Ministers - are attached as appendices to this reply. With regard to paragraphs 4 and 5 of Recommendation 1325 7. Before the Multisectoral Group was set up, the Steering Committee for Equality between Women and Men made a detailed study of the arguments for and against the elaboration of a European Convention in this area, consulting a number of other steering committees in the process. The solution of drawing up a draft Convention was not retained: it was considered that it would be impractical in the short-term, given the widely differing approaches to prostitution in the member States. The Committee of Ministers agrees with the Assembly that it would be more useful, as a first step, to draft a Recommendation. The question of elaborating a draft convention could be reconsidered once the draft Recommendation has been completed. 8. The Multisectoral Group (EG-S-TS) has had its terms of reference extended until 30 June 1999 to allow the Group to complete both a draft Recommendation and an explanatory memorandum." Appendices 1. Opinion of the Steering Committee of Equality between women and men (CDEG); 2. Opinion of the European Committee on Migration (CDMG); 3. Opinion of the European Committee on Crime Problems (CDPC); 4. Opinion of the European Committee on Legal Co-operation (CDCJ); 5. Opinion of the Steering Committee on the Mass Media (CDMM); 6. Opinion of the Steering Committee on Social Policy (CDPS). 7. Opinion of the Steering Committee for Equality between Women and Men (CDEG) on Parliamentary Assembly Recommendation 1325 (1997) 1. The CDEG welcomes the interest shown by the Parliamentary Assembly in the issue of traffic in women and forced prostitution. The CDEG believes that the Assembly takes a clear and timely position on this issue in the present context. 2. The CDEG takes a particular interest in, and has worked continuously on, this issue over the last six years. In 1991 a Seminar was organised in Strasbourg on action against traffic in women and forced prostitution as violations of human rights and human dignity. Following the conclusions of this Seminar, a Group of specialists was created which, over two years, drew up a final report of activities, containing an action-oriented list of priorities for the CDEG. In 1994, the CDEG asked an external consultant to draw up a plan of action, which was made available to the public in 1996 and contained a detailed analysis of the situation and a series of suggestions for action to be taken. 3. In view of the considerable increase in traffic in women and forced prostitution, the CDEG has decided to follow up the activities already undertaken. After consultations with the different Council of Europe committees with competence in the legal, social, economic, human rights and media fields, a Multisectoral Group on Action against Trafficking in Human Beings for the purpose of Sexual Exploitation was created under the authority of the CDEG. This Group was given the task, among others, of preparing a draft Recommendation or other proposal including basic principles and suggestions for action at the national level on the fight against traffic in human beings for the purpose of sexual exploitation. This Group will meet for the first time in December 1997. 4. The CDEG and its Secretariat have established active co-operation with other organisations dedicated to action against traffic in human beings (European Commission, International Organisation for Migration, Europol, the Budapest Group). 5. Taking into account its previous and on-going work, the CDEG wishes to make the following comments. General comments 6. The CDEG notes with interest that as far as the personal scope of application is concerned, the Recommendation addresses traffic in women, excluding traffic in children and men. The explanatory report of the Recommendation gives the following reasons for this choice: the number of men who fall victim to traffic in human beings is minimal and the traffic in children calls for different measures from those which apply to traffic in women (there is a far wider consensus on what needs to be done where children are concerned and rapid progress has therefore been made in this area). The CDEG shares this point of view but wishes to point out, as it has done several times in the past, that while traffic in human beings for the purpose of sexual exploitation certainly affects mainly women, young girls are also concerned. The situation of young under age girls should not be neglected.The Multisectoral Group, created under the authority of the CDEG, will pay close attention to this aspect, for its terms of reference are to investigate "trafficking in human beings for the purposes of sexual exploitation with special emphasis on traffic in women and children, especially young girls". The work of this Group will follow up the Assembly's Recommendations, and the CDEG hopes that the Assembly will give the Group its full support. 7. The CDEG wishes to point out that the terminology "forced prostitution" is not compatible with present legislation in certain member States. The CDEG suggests the use of the concept "traffic for the purposes of sexual exploitation," a term accepted by all Council of Europe member States. Paragraphs 1 and 2 8. The CDEG shares the Assembly's concern about the increase in a phenomenon which constitutes a modern form of slavery. As to the definition in paragraph 2, the CDEG wishes to make the following comments. The definition of the phenomenon of trafficking in human beings is one of the major difficulties this subject raises and the CDEG welcomes the intentions of the Assembly in this area where the Assembly aims to promote a wide definition in order to encompass all cases of use of force and exploitation. The CDEG notes with satisfaction that an effort has been made to take into consideration all cases, including those concerning consenting persons. However, it appears that the list at the end of paragraph 2, detailing the different forms of use of force, might allow a limited interpretation. Furthermore, such detailed mention of the use of force might lessen the consideration of cases of consenting persons. The CDEG wishes to emphasise that such a precise reference to the use of force therefore risks creating limits when interpreting the definition established by the Parliamentary Assembly.
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