Treaty

Council of Europe Convention on Action against Trafficking in Human Beings

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Azerbaijan Yes No
Czech Republic Yes No
Denmark Yes No
Estonia Yes No
Finland Yes No
France Yes No
Georgia Yes No
Germany Yes No
Israel Yes No
Latvia Yes No
Malta Yes No
Moldova Yes No
Monaco Yes No
North Macedonia Yes No
Poland Yes No
Portugal Yes No
Slovenia Yes No
Spain Yes No
Sweden Yes No
Switzerland Yes No
Türkiye Yes Yes
Ukraine Yes No
United Kingdom Yes No

Azerbaijan

23-06-2010

The Republic of Azerbaijan declares that the rights and obligations set out in the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of Armenia.
The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and complete elimination of the consequences of that occupation [...].

Czech Republic

29-03-2017

In accordance with Article 31, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply in full the provisions of Article 31, paragraph 1.e, of the Convention and to apply it only in the extent as follows: when the offence was committed against one of the nationals of the Czech Republic in the territory of the Czech Republic or when the offence was committed against one of the nationals of the Czech Republic abroad if an offence is punishable in the place of its commission or if the place where such an offence was committed is not subject to any criminal jurisdiction.

Denmark

19-09-2007

In accordance with Article 31, paragraph 2, of the Convention, Denmark reserves the right not to apply Article 31, paragraph 1.e, of the Convention.
Denmark declares that the Convention shall not apply to the Faroe Islands and Greenland until further decision.

Estonia

05-02-2015

According to Article 31, paragraph 2, of the Convention, the Republic of Estonia reserves the right not to apply Article 31, paragraphs 1.d and e, of the Convention.

Finland

30-05-2012

Pursuant to Article 31, paragraph 2 of the Convention, the Republic of Finland declares that Finland will apply Article 31, paragraph 1 (d) when the offence is committed outside of the territorial jurisdiction of any State only if the offence is punishable under Finnish criminal law by imprisonment for more than six months; and Article 31, paragraph 1(e) only if the offence is punishable under Finnish criminal law by imprisonment for more than six months and if the offence is also punishable under criminal law where it was committed and it could have been punished also by a court of law in the foreign State.

France

09-01-2008

In accordance with Article 31, paragraph 2, of the Convention, the French Government declares that it will establish its jurisdiction on offences established in accordance with Article 20 of this Convention and committed by its nationals outside the territory of the French Republic, only if the offences are also punishable under the legislation of the State where they have been committed, and if these offences are also the subject either of a complaint from the victim or his/her beneficiaries, or of an official denunciation from the authorities of the country where they have been committed.
In accordance with Article 31, paragraph 2, of the Convention, the French Government declares that it will establish its jurisdiction on offences established by this Convention and committed against one of its nationals outside the territory of the French Republic, only if the offences are the subject either of a complaint from the victim or of an official denunciation by the authorities of the country where they have been committed.

Georgia

14-03-2007

Georgia declares that, until the restoration of the territorial integrity of Georgia, the Convention shall apply on the part of the territory of Georgia where Georgia exercises its full jurisdiction.

Germany

19-12-2012

The Federal Republic of Germany reserves the right to apply the jurisdiction rules laid down in Article 31, paragraph 1(d), to offences under Article 20 of the Convention only in such cases in which the offender is found on the territory of the Federal Republic of Germany and is not extradited - provided those offences do not also, under German criminal law, constitute participation in an offence defined in Article 4 in conjunction with Article 18 of the Convention.

Israel

28-05-2021

In accordance with Article 31, paragraph 2, of the Convention, the State of Israel reserves the right not to apply Article 31, paragraph 1.d or 1.e, of the Convention.

Latvia

06-03-2008

In accordance with Article 31, paragraph 2, of the Convention, the Republic of Latvia declares that it reserves the right not to apply the jurisdiction rules laid down in paragraphs 1 (d) and (e).

Malta

30-01-2008

Regarding Article 31, paragraph 1, of the Convention, Malta declares that it will apply the jurisdiction rules set out in sub-paragraph (d) only when the offence is committed by one of its nationals. Malta declares that it will not apply the jurisdiction rules set out in sub-paragraph (e) of this article.

Moldova

19-05-2006

Moldova declares that, until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

Monaco

30-11-2015

Pursuant to paragraph 2 of Article 31 of the Convention, the Principality of Monaco declares that it reserves the right not to apply the jurisdiction rules laid down in paragraphs 1 d) and 1 e) Article 31 of the Convention.

North Macedonia

27-05-2009

In accordance with Article 31, paragraph 2, of the Convention, the Republic of Macedonia declares that it reserves the right to apply Article 31, paragraphs 1.d and 1.e, of the Convention in compliance with the conditions set forth in the Criminal Code of the Republic of Macedonia.

Poland

17-11-2008

The Government of the Republic of Poland notes hereby that the effective realisation of the Parties' obligations resulting from Article 25 of the Convention requires establishing effective international legal and technical mechanisms concerning the exchange of information on sentences passed by another Party, in relation to offences established in accordance with the Convention.
Pursuant to Article 31, paragraph 2, of the Council of Europe Convention on Action Against Trafficking in Human Beings, the Government of the Republic of Poland reserves hereby that, in reference to Article 31, paragraph 1, letter d, of the Convention, jurisdiction over any offence established in accordance with the Convention, when the offence is committed by a stateless person who has his or her habitual residence on the territory of the Republic of Poland, shall be established in respect to any offence punishable by penalty exceeding two years of deprivation of liberty in accordance with the Polish penal law, when the offender is present on the territory of the Republic of Poland and when no decision on his or her extradition has been taken.

Portugal

27-02-2008

The Portuguese Republic declares that, with regard to the provisions contained in Article 31, paragraph 1, sub-paragraphs d) and e), of the Convention, it reserves the right not to apply the provisions thereof established, considering that the Portuguese criminal law establishes more rigorous and encompassing jurisdiction rules than the ones established in the said provisions of Article 31.

Slovenia

03-09-2009

Pursuant to Article 31, paragraph 2, of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the jurisdiction rule laid down in Article 31, paragraph 1 (d), given that it cannot ensure the criminal prosecution of a stateless person who has his or her habitual residence in its territory, if the offence is committed outside the territorial jurisdiction of any State.

Spain

02-04-2009

If the Council of Europe Convention on action against trafficking in human beings were to be applied to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.

Sweden

31-05-2010

In accordance with Article 31, paragraphs 1.e and 2, of the Convention, Sweden declares that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules solely on the basis that an offence established in accordance with this Convention is committed against a Swedish national.

Switzerland

17-12-2012

Pursuant to Article 45 of the Convention, Switzerland reserves the right not to apply Article 31, paragraph 1.d, to stateless persons.

Türkiye

02-05-2016

Turkey declares that its ratification of the “Council of Europe Convention on Action against Trafficking in Human Beings” neither amounts to any form of recognition of the Greek Cypriot Administration's pretention to represent the defunct “Republic of Cyprus” as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Convention.

Objection Cyprus, 29-07-2016

The Republic of Cyprus has examined the declaration deposited by the Republic of Turkey upon ratification of the Convention on Action against Trafficking in Human Beings (CETS No. 197), registered at the Secretariat General of the Council of Europe on 2 May 2016.
The Republic of Turkey declares that its ratification of the Convention against Trafficking in Human Beings neither amounts to any form of recognition of the Republic of Cyprus, as party to that Convention, nor should it imply any obligation on the part of the Republic of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Convention.
In the view of the Republic of Cyprus, the content and purported effect of this declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Convention. By such declaration, the Republic of Turkey purports to evade its obligations under the Convention vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Such declaration is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties. Furthermore, it prevents the realization of cooperation between State Parties foreseen by the Convention.
The Republic of Cyprus therefore strongly rejects the aforesaid declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.

Objection Greece, 31-01-2017

The Government of the Hellenic Republic has examined the declaration made by the Republic of Turkey upon ratification, on May 2nd 2016, of the Council of Europe Convention on Action against Trafficking in Human Beings.
The Republic of Turkey inter alia declares that its ratification of the Convention should not imply any obligation on the part of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Convention.
The Government of the Hellenic Republic is of the view that the above declaration in fact amounts to a reservation, as it purports to exclude the application of the Convention in its entirety between Turkey and the Republic of Cyprus, and would like to recall that according to Article 45 of the Convention, no reservation may be made in respect of the provisions of this Convention, with the exception of the reservation of Article 31, paragraph 2.
Furthermore, the Government of the Hellenic Republic notes that the above reservation made by the Republic of Turkey to the Council of Europe Convention on Action against Trafficking in Human Beings, which concerns the endowment of individuals with rights, is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties. Such a reservation also prevents the realisation of inter-State cooperation under the Convention.
The Government of the Hellenic Republic, therefore, considers that the aforesaid reservation of Turkey is impermissible as prohibited by Article 45 of the Council of Europe Convention on Action against Trafficking in Human Beings and as contrary to the object and purpose of this Convention.
For the above reasons, the Government of the Hellenic Republic objects to the declaration made by the Republic of Turkey upon ratification of the said Convention.
This objection shall not preclude the entry into force of the Convention between the Hellenic Republic and the Republic of Turkey.

Objection Portugal, 06-03-2017

The Government of the Portuguese Republic has examined the declaration made by the Republic of Turkey upon ratification of the Council of Europe Convention on Action against Trafficking in Human Beings.
The Portuguese Republic, as a European Union Member State, opposes the declaration made by the Republic of Turkey since it describes another Member State, the Republic of Cyprus, as a defunct entity.

Objection Austria, 25-04-2017

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Council of Europe Convention on Action against Trafficking in Human Beings, adopted on 16 May 2005. It welcomes the ratification of the Convention by Turkey as a significant step in combatting human trafficking and the protection of human rights. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

Ukraine

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.


19-04-2022

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.


07-12-2023

[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text

United Kingdom

17-12-2008

In accordance with Article 31, paragraph 2, of the Convention, the United Kingdom reserves the right not to apply Article 31, paragraph 1.d or 1.e, of the Convention.

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