Minsk, Vienna, 22 December 2005.  The International Helsinki Federation for Human Rights (IHF) and the Belarusian Helsinki Committee (BHC) are extremely concerned by the 20 December 2005 ruling of the Supreme Economic Court (SEC), which, in a reversal of its earlier ruling, reinstated enormous sanctions against the BHC that were first introduced by tax authorities almost two years ago. The SEC Presidium ordered the human rights group to pay around $75,000 in back taxes and fines.

In early 2004, the Taxes and Dues Ministry Inspection of the Maskouski district of Minsk ordered the BHC to pay 155 million rubles in allegedly unpaid taxes and penalties on grants received from the European Union TACIS Programme. The State Control Committee’s Department for Financial Investigations brought tax evasion charges against BHC officials in connection with the case.

The Minsk City Economic Court annulled the penalties in July 2004, explaining that technical aid in the framework of the TACIS Programme was non-taxable under an agreement between the Belarusian government and the European Union. The tax authorities lost a series of appeals against this final ruling.

However, despite the fact that this matter is res judicata, the SEC First Deputy Chair Eugene Smirnov contested this ruling, prompting a rehearing of the case by the SEC Presidium, and obtained reinstatement of the sanctions against the BHC.

The IHF and the BHC protest against the new, obviously politically motivated, SEC decision, which creates obstacles to BHC efforts to monitor the ongoing presidential campaign and other issues, and paves the way for closing down the last remaining national human rights organization. Moreover the new SEC ruling opens opportunities for the criminal prosecution of BHC officials who may face up to seven years in prison and confiscation of property.

The IHF and the BHC will continue to defend human rights in Belarus, and appeal to the SEC to revise the Presidium’s ruling.

We appeal to the international community to help convince Belarusian authorities to protect the rights of the Helsinki Committee and other civil society organizations.

For further information:

IHF Executive Director, Aaron Rhodes, +43–1–408 88 22 or +43–676–635 66 12
Dzmitry Markusheuski, Press Officer, Belarusian Helsinki Committee, +375–29–709 5702

Cited from: Supreme Economic Court Reinstates Enormous Penalties, Press Release, International Helsinki Federation for Human Rights (IHF) and the Belarusian Helsinki Committee (BHC), 22 December 2005.

Lawmakers also passed changes to the country's administrative code stipulating that victims of trafficking will not be prosecuted for prostitution and will not be punished for entering or staying in the country illegally.

Cited from: Moldova Seeks to Curb Human Trafficking, Radio Free Europe/Radio Liberty, 27 December 2005.

Copyright (c) 2005. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.

Because physical injuries are often absent or overlooked, strangulation has often been a difficult crime to prosecute. But, in the 1990s, a team of law enforcement leaders in San Diego reviewed the medical examinations of 300 strangulation survivors to identify common symptoms. George McClane, a forensic medical examiner, and Gael Strack, a former assistant district attorney who is now the executive director of the San Diego Family Justice Center, published the results of the study. The results can be used by police to determine when a mandatory arrest is appropriate and by prosecutors to gather evidence for prosecution. The symptoms listed include faint pressure marks behind the ears, a raspy voice, bloodshot eyes from burst blood vessels, involuntary urination or defecation, and difficulty breathing or swallowing. Even where physical evidence is seemingly absent, medical personnel can use equipment to look for bruising or swelling of the throat and for bleeding in the eyes.

McClane notes that strangulation is an intentional act that is a serious crime, distinguished from choking, which is "an accident that happens when food becomes lodged in the windpipe." Strangulation can kill immediately, or it can kill hours or days after the event. It can also cause brain damage. Reports of strangulation must be taken seriously by first responders, police, medical personnel, advocates and prosecutors, and victims must be made aware of the danger that it presents.

Compiled from: Tessier, Marie, "Responders Learn to Spot Signs of Strangulation," Womens eNews, 19 December 2005.

The study that preceded the publication of the book was a response to UN Security Council Resolution 1325, which noted the absence of data about women's experience and response to armed conflict. The study sought to examine women's activism in response to armed conflict. The data that was gathered provides valuable information about the vital contribution of women and offers recommendations to the international community to foster this contribution and encourage their response, by providing women with the equipment and information that they need to rise up.

The book was written by Jane Barry and is a project of the Urgent Action Fund for Women's Human Rights (UAF), an independent nonprofit organization that promotes women's human rights.

The book is downloadable free of charge on the UAF website.

Compiled from: "Rising Up in Response," NEWW - Polska, 23 November 2005.

Domestic violence appears to be one of the top abuses against women worldwide, according to a new "WHO Multi-country Study on Women's Health and Domestic Violence Against Women" that surveyed 24,000 women in 10 countries: Bangladesh, Brazil, Ethiopia, Japan, Namibia, Peru, Samoa, Serbia and Montenegro, Thailand and Tanzania. 

Report findings document the prevalence of intimate partner violence and its association with women's physical, mental, sexual and reproductive health. Data is included on non-partner violence, sexual abuse during childhood and forced first sexual experience. Information is also provided on women’s responses: Whom do women turn to and whom do they tell about the violence in their lives? Do they leave or fight back? Which services do they use and what response do they get?  The report concludes with 15 recommendations to strengthen national commitment and action on violence against women.

“Violence against women is the most pervasive violation of human rights, occurring every day, in every country and every region, regardless of income or level of development,” UNIFEM Executive Director Noeleen Heyzer said, citing the WHO report estimate that nearly one in four women will be raped, beaten, coerced into sex or otherwise abused in her lifetime, sometimes with fatal consequences.

She called for three major actions to break “this vicious cycle” of violence: countries must pass and enforce laws to deter acts of violence against women and reduce the spread of HIV; women who have suffered abuse must speak out to break the culture of shame and stigma; and awareness must be raised on the links between violence against women and HIV/AIDS, especially by the media.

In the USA, about 1.5 million women a year are assualted by a husband or boyfriend; about one in six women have been sexually assaulted some time in their life, accroding to the federal Centers for Disease Control and Prevention.

Compiled from:
UN calls for Strong Action to Eliminate Violence Against Women, UN News Center, November 28, 2005. 

Dan Vergano, Violence against women is global, USA TODAY, November 24, 2005.

Bulgaria

Bulgaria is recognized as a country of origin and transit for victims of human trafficking, primarily for sexual exploitation. The protections currently available for victims of trafficking are inadequate, but in September 2005, implementing rules were adopted for the law creating the witness protection program. In February 2005, the government created a National Plan to combat trafficking, including efforts to improve resources and services for victims, implement better legislation and raise awareness about the issue.

Bulgaria has met most of the requirements established in its negotiating agreement regarding the equal treatment of men and women, but additional progress in this area is needed in the legal structure. It is on track to implement this acquis.

Romania

Romania is a country of origin, transit and destination for victims of trafficking, most of whom are sexually exploited. The country has a National Action Plan, but the Commission notes that it has had a limited impact. A National Office for Trafficking Prevention and Victim Monitoring was established in September 2004 and in January 2005, a law protecting victims entered into force. By March, a standardized form was being used to track victims and in July 2005, the government decided to allow trafficking victims to remain in the country for 90 days to "recover, free themselves of the influence of the traffickers and decide whether to cooperate with the Romanian authorities." (Progress Report for Romania) There are still improvements that need to made regarding program funding and victim assistance.

Romania has met the requirements set forth in their accession negotiations regarding equal treatment of men and women and is on track to implement this acquis.

Macedonia

The Commission recognized Macedonia's efforts to combat trafficking in human beings with the criminalization of trafficking and smuggling and the adoption of the trafficking protocols of the UN Convention against Trans-National Organized Crime. The country also established a National Commission and a National Program to combat human trafficking that is in accord with international standards.The Commission noted the need for cooperation on a common strategy to combat trafficking in the region.

The Commission also noted that Macedonia amended the Law on Family and the Criminal Code to more effectively address domestic violence, but that implementation and impact have not yet been realized. The Commission calls for strengthened domestic violence, sexual harassment and rape laws.

Croatia

The Commission noted that there is little to report regarding gender equality in the labor force. As to equal opportunities, Croatian laws still tend to overprotect women, disallowing work in certain areas and at certain times and legal changes must be made.

Croatia has criminalized trafficking in human beings and no problems have been reported regarding implementation.

Turkey

In this 2005 report, the Commission called attention to its 2004 report, in which it recognized Turkey's legislative progress in the way of human rights and political reform, but expressed the need to broaden and implement the changes. Included in this change was women's rights. Since that time, the Parliament has created a Committee on Violence against Women and Children, which will focus on the elimination of honor killings. Overall however, Turkey has made little progress in the way of women's rights. The Commission notes that domestic violence, honor killings, a high illiteracy rate and low civic participation and low participation in the labor market remain in force and the implementation of the laws noted above is inadequate. All of these factors result in discrimination against women.

Physical and psychological violence is still prevalent in families, and sexual abuse, forced marriage, polygamy, and trafficking are also still reported. Turkey is combatting trafficking in human beings with an anti-trafficking information campaign, an emergency hotline for victims, training of professionals who deal with victims and a repatriation program. One shelter has opened for victims of trafficking and some victims have received humanitarian parole to remain in the country.

Turkey's Parliament issues a Report on Women's Rights and Gender Equality however, and in November 2004, a law establishing the Directorate General on the Status of Women entered into effect. In 2005, it launched a campaign to raise awareness about violence against women. An Advisory Board on the Status of Women, comprising representatives from various ministries and from academic institutions and NGOs, was created in August 2005 to develop a plan for implementing the state's policies regarding the status of women.

To effect change, the European Commission calls on Turkey to: gather statistical data; establish an effective monitoring system for victims of domestic violence; implement the legislative amendments; and provide training to law enforcement officers, health care and social workers, and the judiciary; and improve the resources that are available to victims. The Commission acknowledges that Turkey as increased the number of women's shelters, but notes that there is a need for a greater number of shelters that are provided with financial and technical support. In addition, the Commission notes the efforts of Turkey to bring the shelters in line with international standards, including standards relating to confidentiality.

Bosnia and Herzegovina

Bosnia accepted the Beijing Platform for Action and is implementing the Convention on the Elimination of All Forms of Discrimination Against Women. In 1993, the country enacted a Law on Gender Equality and it now has an Agency for Gender Equality as well as two Entity Gender Centers. Practice currently lags behind the legislation however and domestic violence, often unreported, is still a problem as is trafficking in human beings. Women from are often trafficked from and through Bosnia and Herzegovina to countries in western Europe. Since 2003, trafficking in humans has been defined as a major crime in the criminal code . In June 1994 a by-law on the Protection of Victims of Trafficking entered into force and in April 2005, a National Action Plan was adopted to combat trafficking for the years 2005 to 2007. Support has been provided to NGOs providing shelter, but overall, protection of victims remains inadequate.

Kosovo

The Convention on the Elimination of All Forms of Discrimination is directly applicable in Kosovo. Gender inequality is seen through Kosovo's society, including in employment, where women are disproportionately represented in unemployment figures and earn less than men. Domestic violence and human trafficking are still serious problems that Kosovo must address. In 2004, Kosovo did pass an anti-discrimination law and a law on gender equality and there is a regulation prohibiting domestic violence and trafficking. The government adopted an Action Plan on the Achievement of Gender Equality in 2004 and in 2005, the Office of Gender Equality was established. The goverment also adopted an Action Plan to Combat Trafficking in May 2005 and organized a working group to carry out the plan. The government installed gender officers in every ministry and created an inter-ministerial working group on gender equality. There are also gender equality committees at the municipal level. Despite all of these changes, the Assembly continues to pass discriminatory laws and because of a lack of resources and skill, the laws that should protect against gender inequality are not being implemented.

Serbia and Montenegro

Serbia does not have an anti-discrimination law but it is a signatory to the relevant international anti-discrimination instruments. It is still working on developing coordinated a coordinated action plan for gender equality. The Councils on Gender Equality have made little progress. Domestic violence is of particular concern in Serbia and trafficking is a problem in Montenegro. National teams working to combat trafficking must strengthen their efforts and improve cooperation. Serbia has a call center and a shelter for victims of trafficking and legislation in both Serbia and Montenegro differentiates between smuggling immigrants and human trafficking.

Compiled from: Mark Beunderman, High Stakes for Turkey and Macedonia in EU Reports, EU Observer, 8 November 2005;
Bulgaria 2005 Comprehensive Monitoring Report, European Commission, 9 November 2005 (PDF, 88 pages);
Romania 2005 Comprehensive Monitoring Report, European Commission, 9 November 2005 (PDF, 102 pages);
Croatia 2005 Progress Report, European Commission, 9 November 2005 (PDF, 117 pages);
Turkey 2005 Progress Report, European Commission, 9 November 2005 (PDF, 146 pages);
Analytical Report for the Opinion on the application from the former Yugoslav Republic of Macedonia for EU membership, European Commission. 9 November 2005 (PDF, 142 pages);
Bosnia and Herzegovina 2005 Progress Report, European Commission, 9 November 2005 (PDF, 76 pages);
Kosovo 2005 Progress Report, European Commission, 9 November 2005 (PDF, 63 pages);
Serbia and Montenegro 2005 Progress Report, European Commission, 9 November 2005 (PDF, 62 pages).

In the course of the last year ten Czech women have been killed in their homes by violent husbands or partners. Hundreds of others suffer psychological and physical abuse on a daily basis - often before the eyes of their children who are powerless to help. Now a new exhibition entitled "Silent Witnesses" is aiming to jolt society and Parliament into awareness of a growing problem.

Silent Witnesses are red paper silhouettes of women who were killed by their husbands. They stand in a semi-circle and each bears a name, age and how they were killed. Red candles flicker in the wind and behind the silent witnesses stand members of the non-governmental association Rosa in a silent vigil.

First launched in Minnesota in 1990, the Silent Witnesses campaign is a way of letting the public know what goes on behind many closed doors - and that physical abuse sometimes ends in death. Brona Vargova of Rosa says that the Czech Republic badly needs a law that would give abused women space and time to consider their situation and get out of an abusive relationship.

"We still do not have the possibility to expel an abuser from his house for a certain period of time. During this time the victim should be offered assistance and advice as to how she can deal with the problem. And she would feel safe making her decision. The way things are now it is usually the victim who flees the house in the middle of the night with her children, while the perpetrator stays at home."

What ROSA would like to see is an amendment to the law that would give the police the right to order an abuser out of the family home for a certain period of time. Police in neighbouring states such as Austria and Slovakia make use of this possibility and experts in the field claim that ten days beyond the reach of her abuser is enough for a woman to consider her situation objectively, seek help and come to a decision that could save her life. Unfortunately, many Czech MPs are still wavering - fearful that a change of the law could be abused in messy divorce cases.

What keeps women in abusive relationships for years is not just the feeling that they have no place to go. It is a persistent belief that the violence is temporary and that their partner will change. On average it takes women an incredible ten to 15 years to recognize that they have a serious problem and need to get out of the relationship. By that time the abuse is so bad that many of them don't make it out alive. "It is not easy to press charges against someone who was your lover, who is the father of your children, with whom you spent some happy times. It is a very difficult situation, psychologically."

In addition to a telephone helpline Rosa operates three shelters for abused women in different parts of the Czech Republic. Brona Vargova says that many more are needed. She claims the difference between the Czech Republic and other European states is not in the extent of abuse women suffer but rather in the safety network provided for them. Also, there is a need to increase awareness of the fact that psychological abuse is also a serious problem and one that usually leads to physical abuse at a later stage.

"The media is usually only interested in murders, brutal beatings and violence. But there are other forms of abuse. For instance psychological abuse is very traumatic for the victim and sometimes these women come to us and say -we are probably not victims of abuse because we don't have broken legs and arms and bruises to show for it. I think we need to make people realize there are all kinds of abuse and they are fully entitled to seek help."

ROSA's helpline in the Czech Republic is: 602 246 102

Source: Czech Radio 7, Radio Prague
URL: http://www.radio.cz/en/article/73066
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Press Release

GENEVA, 25 November 2005

Today, 25 November, is the International Day for the Elimination of Violence against Women. It is also the first day of the annual 16 Days of Activism against Gender Violence, dedicated this year to the call: “For the Health of Women, For the Health of the World: No More Violence”.

Violence against women is one of the most outrageous and pervasive human rights scandals of our times, and a global health crisis. Tragically, much of the violence directed towards women occurs in the home. Every day, in every country, women and girls are beaten and sexually assaulted by husbands, fathers, brothers, cousins – or by friends of the family. For women who experience violence, the consequences are numerous, and in some cases even fatal.

The majority remain silent about their experiences and do not seek help, fearing blame and further violence due to lack of protection and support. In many cases, even if women want to seek legal redress, they are unable to: 79 countries currently have no law against domestic violence, and many more lack adequate enforcement of the laws that do exist. Fewer still provide comprehensive psychosocial, medical, financial and legal support to survivors of violence.

Women are breaking the silence on domestic violence, however. As part of a multi-country study, World Health Organization researchers spoke to some 24,000 women about their own experiences with violence. The results of the study reveal the sheer magnitude of the problem: in most sites, between a quarter and half of women in relationships had suffered physical or sexual violence. In some settings, 46 per cent of women surveyed had been raped.

Violence is the one of the leading causes of death or injury to women. In a 1994 WHO study of causes and risk factors for disability and death among women aged 15 to 44, rape and domestic violence rated higher than cancer, motor vehicle accidents, war and malaria. Increasingly, research is illustrating how violence is associated with HIV transmission.

Violence against women and the threat of such violence dramatically increase women’s and girls’ risk of contracting to HIV by making it difficult – sometimes impossible – for women to abstain from sex, or to use a condom, in particular when they know or suspect that their partner is not faithful. Violence against women is also a barrier for women in accessing essential HIV prevention, treatment, and care services.

The need for global action on domestic violence has never been clearer. This is why the Global Coalition on Women and AIDS (a UNAIDS initiative) is urging international funding organizations to expand programmes that support governments and NGOs in their efforts to address the linkages between the twin epidemics of violence against women and AIDS. Measures to reduce violence against women need to become part of national AIDS plans, just as HIV prevention, treatment, and care services have to be made part of programmes addressing violence against women. We urge states to strengthen legal and policy environments so that laws prohibiting violence against women are enacted and enforced. We call on governments, together with civil society, to strengthen initiatives that empower women and adolescent girls to protect themselves from violence and the risk of HIV infection.

It is twelve years since UN Member States agreed on an international Declaration on the Elimination of Violence against Women, and four since they put their names to the Declaration of Commitment on HIV/AIDS adopted at the UN General Assembly Special Session on HIV/AIDS. Promises have been made. They must be honoured.

Peter Piot, Executive Director, UNAIDS

Yakin Ertürk, UN Special Rapporteur on Violence Against Women and member of the Leadership Council of the Global Coalition on Women and AIDS

Irene Khan, Secretary General of Amnesty International and member of the Leadership Council of the Global Coalition on Women and AIDS

Violeta Ross, International Community of Women Living with HIV and AIDS and member of the Leadership Council of the Global Coalition on Women and AIDS

For more information, please contact Sarah Russell, Advocacy Adviser at russells@unaids.org.

Press Release

HIGH COMMISSIONER AND INDEPENDENT EXPERT URGE STRONGER EFFORTS TO FIGHT VIOLENCE AGAINST WOMEN IN PRIVATE SPHERE

24 November 2005

On the occasion of the International Day for the Elimination of Violence against Women and the start of the 16 Days of Activism against Gender Violence on 25 November, the High Commissioner for Human Rights, Louise Arbour, and the Special Rapporteur of the United Nations Commission on Human Rights on violence against women, its causes and consequences, Yakin Ertürk, call on Governments, the wider United Nations system and civil society to strengthen efforts to address violence against women in the private sphere.

Most violence against women is committed in realms which are less visible and open to State intervention. In every country of the world, men beat, mutilate, rape and murder their wives, daughters and other female relatives. In some countries, legislation explicitly legitimizes this violence. In many countries, there is no legislation specifically criminalizing violence against women perpetrated in the private sphere. Where there is legislation and policies to eradicate domestic violence, these are often not implemented, access to services (including social, medical, and legal services) is limited and the perpetrators are not held accountable and enjoy impunity. We urge States to challenge societal values that support discrimination against women and legitimize violence against them; adopt specific legislation addressing domestic violence and end impunity for crimes committed against women.

International law obliges States to prevent, investigate and punish all acts of violence against women, whether they are committed by private or State actors. Failure to meet this obligation is a violation of women's human rights. Police, members of the judiciary and the broader criminal justice system must ensure that gender justice becomes a reality. Women must have the broadest access to affordable social, health and legal services. In addressing the root causes of violence against women all forms of discrimination and unequal power hierarchies must be eliminated. Women's economic and political empowerment must be supported and gender roles which relegate women to an inferior status and make them vulnerable to violence must be continually challenged.

We recognize the efforts of Governments to take a strong stand in this context. We welcome the decisions of courts and tribunals that reflect progressive interpretations of international law. For example, gender-based persecution is increasing being recognized as grounds for asylum and more and more courts are recognizing marital rape as a crime. But this is not enough. There is a clear need for greater political will to prioritize violence against women as a fundamental human rights violation, which can be eliminated with appropriate dedication and resources.

We can celebrate the fact that the efforts of the past decade have brought awareness that violence is not a fate and have given hope to women in all corners of the world that it can be stopped. We must respond to that hope.