Malta has been urged once again this week to sign the Council of Europe’s Convention on Action against Trafficking in Human Beings, which is due to come into force on 1 February 2008.

The Convention is the first European treaty aimed at protecting the human rights of victims of trafficking. In this respect, the Council of Europe points to the need to clearly differentiate between victims of trafficking, illegal immigration and prostitution.

For example, a foreign woman sexually exploited by a gang of criminals is, in many countries, still considered an illegal immigrant. As such, instead of receiving assistance and protection in escaping from traffickers, and to allow for those responsible to be charged, such a victim is often considered to be an offender and is deported, despite being a victim of trafficking.

So far, only 10 European states have signed the convention that is aimed at eradicating all forms of modern day slavery, leading Amnesty International to issue a call for all other Council of Europe member states to come on board as soon as possible.

Despite Malta being placed right in the centre of one of the world’s densest human trafficking centres, the Mediterranean, it still has to sign the declaration, which sets out a range of minimum requirements that states must conform with in order to respect and protect the rights of trafficked persons.

In Malta, there has been a noted prevalence of foreign women being forced into prostitution in recent years. Criminals responsible for the practice, usually operating under the radar in the underbelly of Maltese society, are also said to buy and sell such women through “owners” simply by exchanging the passports of such exploited women.

“Frequently,” Amnesty International points out, “their rights to physical and mental integrity; liberty and security of the person; freedom from slavery, slavery-like practices, torture and other inhuman or degrading treatment; family life; freedom of movement; privacy; the highest attainable standard of health; and safe and secure housing are violated.”

But rather than being treated as victims, when trafficked persons come to the attention of the authorities they are typically treated as criminals, illegal immigrants or as tools for the judicial system as authorities seek to bring charges against traffickers.

But, Amnesty International points out, the authorities rarely address the psychological, medical and social consequences of these individuals’ ordeals.

Moreover, assistance for such individuals is frequently offered on condition that they cooperate with prosecutors in bringing traffickers to justice.

Rarely are such victims given access to redress, compensation, restitution or rehabilitation. Instead, they are often deported, with no consideration of the risks they could face on their return, such as re-trafficking or violence at the hands of their traffickers or others.

Countries signing the convention would pledge to use a different approach – to take individual and collective action against trafficking.

Additionally, and this may be a sticking point for several member states that have still not signed on, they would have to take a range of other minimum steps necessary to respect and protect the rights of trafficked persons.

The convention also provides that, by February 2009, an independent body comprised of members elected from candidates nominated by signatory states will be established to assist states in the implementation of the treaty.