The Department of Reproductive Health and Research (RHR) of the World Health Organization (WHO) has released a report entitled “Clinical Management of survivors of rape.” The report provides protocols for health professionals working in emergency situations with refugees and internally displaced persons who have been raped. The guide takes into account available resources, materials, drugs and national policies, allowing health professionals to develop a “situation specific” health care protocol for each emergency.

Recognizing rape as a form of sexual violence, a public health problem and a human rights violation, the WHO maintains that governments have a legal obligation to ensure that “quality health services equipped to respond to sexual violence are accessible to all” people. The report offers an eight-step procedure that includes how to make preparations to offer medical care to rape survivors, prepare the survivor for an examination, take history, collect forensic evidence, perform the examination, and offer treatment, counseling and follow-up care to the victim. A separate section of the report outlines protocols for care of children who are victims of rape.

The report focuses on a survivor’s “right to self-determination,” requiring that medical professionals not pressure rape survivors into submitting to an examination against their will. In order to allow the victim to make informed choices, the report requires that medical care providers offer the survivor appropriate information about the examination and treatment. Other rights identified in the report include the right to health, information, non-discrimination, human dignity, privacy, and confidentiality.

Although the guide was created to adapt to each emergency, the WHO instructs health professionals to comply with certain requirements in every situation. A rape survivor should be able to access care in one health facility that is open 24 hours a day, 7 days a week. Each community member should be informed of why rape victims would benefit from medical care, what services are available, where the services are provided, and that they will be treated with dignity by each medical professional. The report also includes sample checklists and medical forms for use by health care providers working in emergency settings.

To view the report, click here.

Lee owned the Daewoosa garment factory in American Samoa, where more than 200 people from China and Vietnam were held as forced laborers.  According to a U.S. Department of Justice Press Release, "The workers were recruited from China and from state-owned labor export companies in Vietnam. They paid fees of approximately $5,000 to $8,000 to gain employment at the Daewoosa factory and risked retaliation and punishment at home if deported back to their native lands.

"Lee and his henchmen preyed on this vulnerability, and subjected the laborers to poor conditions and minimal pay."  Workers who complained were silenced "using arrests, deportations, food deprivation and brutal physical beatings." (cited from: U.S. Department of Justice, Press Release #335, 23 June 2005)

Two co-conspirators were previously convicted and sentenced to 70 months and 51 months. 

Compiled from: "Garment Factory Owner Sentenced to 40 Years for Human Trafficking," U.S. Department of Justice Press Release #335, 23 June 2005, http://www.usdoj.gov/opa/pr/2005/June/05_crt_335.htm

Cited from:  "Petition - Fifth World Women's Conference," NEWW-Polska, 27 June 2005.
"Fifth World Conference and Women and the 2005 CSW Review of the Beijing platform for Action - Discussions by NGOs at the 47th Session of the Commission on the Status of Women," International Alliance of Women, April 2003.

A 2005 report, titled "Trafficking in Human Beings in South Eastern Europe," has been released to update previous reports. The report was the product of a joint effort by the United Nations Children's Fund (UNICEF), the United Nations Office of the High Commissioner for Human Rights (UNOHCHR), the Organisation for Security and Cooperation in Europe (OSCE), and the Office for Democratic Institutions and Human Rights (ODIHR).

The report addresses current the trafficking situation in SEE, focusing on prevention methods.  Both "repressive" law enforcement approaches and "empowering" human rights groups approaches, as identified by the report and the NEWW Polska Newsletter, are evaluated.  Annexes to the report detail specific country situations, national plans of action, and related projects and activities in Albania, Bosnia and Herzegovina (BiH), Bulgaria, Croatia, the former Yugoslav Republic of Macedonia (FYR Macedonia), Moldova, Romania, Serbia and Montenegro, and the UN Administered Province of Kosovo.

Click here to read the report: http://www.osce.org/publications/odihr/2005/04/13771_221_en.pdf

Compiled from: NEWW Polska, Newsletter No. 86, 28 June 2005.

In May 1999, in the course of divorce proceedings, a Colorado state trial court issued a temporary restraining order to Jessica Gonzales. The restraining order barred her ex-husband, Simon Gonzales, from contacting her, her children, or coming within 100 feet of her house, due to domestic violence. In June 1999 the order was made permanent. The order was modified to allow Simon Gonzales contact with the children on a limited schedule. On 22 June 1999, at around 5:30PM, Simon Gonzales kidnapped the three children from their front yard, in violation of the visitation schedule. Jessica Gonzales called the police. When the police arrived at her house, Ms Gonzales showed them a copy of the restraining order and asked that they retrieve her children. The restraining order included the following language:
“IMPORTANT NOTICES FOR RESTRAINED PARTIES AND LAW ENFORCEMENT OFFICIALS.” The preprinted text on the back of the form included the following “WARNING”:

“A KNOWING VIOLATION OF A RESTRAINING ORDER IS A CRIME . . . . A VIOLATION WILL ALSO CONSTITUTE CONTEMPT OF COURT. YOU MAY BE ARRESTED WITHOUT NOTICE IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT YOU HAVE KNOWINGLY VIOLATED THIS ORDER.”

The preprinted text on the back of the form also included a
“NOTICE TO LAW ENFORCEMENT OFFICIALS,”
which read in part:

“YOU SHALL USE EVERY REASONABLE MEANS TO ENFORCE THIS RESTRAINING ORDER. YOU SHALL ARREST, OR, IF AN ARREST WOULD BE IMPRACTICAL UNDER THE CIRCUMSTANCES, SEEK A WARRANT FOR THE ARREST OF THE RESTRAINED PERSON WHEN YOU HAVE INFORMATION AMOUNTING TO PROBABLE CAUSE THAT THE RESTRAINED PERSON HAS VIOLATED OR ATTEMPTED TO VIOLATE ANY PROVISION OF THIS ORDER AND THE RESTRAINED PERSON HAS BEEN PROPERLY SERVED WITH A COPY OF THIS ORDER OR HAS RECEIVED ACTUAL NOTICE OF THE EXISTENCE OF THIS ORDER.”

The officers refused to enforce the order, telling Ms. Gonzales that there was nothing they could do and that she should call the police again at 10PM if the children had not been returned. At approximately 8:30PM, Ms. Gonzales spoke to her ex-husband and learned that he and the children were at a local amusement park. Ms. Gonzales called the police with the location of her children and asked again that the order be enforced. The officer refused and told her to call back at 10PM. At 10PM, Ms. Gonzales was instructed by police to wait until midnight. At midnight she called again and went to her ex-husband’s apartment. She was told to wait there for an officer to arrive. When no officer arrived, Ms. Gonzales went to the police department and filed a report. The officer on duty made no efforts to assist Ms. Gonzales and went to dinner. At 3:20AM, Simon Gonzales arrived at the police station. He fired a gun at the police station and was killed in an exchange with officers. After his death, police found the bodies of the three murdered children in his truck.

Ms. Gonzales sued the town of Castle Rock for failure to enforce the restraining order. The district court dismissed the matter. On appeal, The 10th Circuit Court of Appeals reversed the district court’s dismissal and held that Ms. Gonzales had a claim of a violation of her procedural due process rights and that the case should be decided on the merits. The Court of Appeals held that the Colorado law under which the restraining order was issued mandated police enforcement and that Ms. Gonzales had a protected property interest in the enforcement of her restraining order. The town appealed to the United States Supreme Court.

The United States Supreme Court found that Ms. Gonzales’ claim failed on two counts. First that, although the restraining order conferred a benefit on Ms. Gonzales, not all benefits are property interests. In order to have a property interest in a benefit, a person must have a legitimate claim to enforcement of it. The Court of Appeals had found that the “Colorado Legislature [had a] clear intent ‘to alter the fact that the police were not enforcing domestic abuse retraining orders,’ and thus [intended] ‘that the recipient of a domestic abuse restraining order have an entitlement to its enforcement.’” 545 U.S. ____ (2005). Despite a history of deferring to courts in the state when interpreting state law, the Supreme Court overruled the Court of Appeals and found that there was no entitlement to enforcement. The Supreme Court found that although the statute set forth a mandatory arrest policy, the provision did not truly make enforcement of the restraining orders mandatory. The Court noted that “[a] well established tradition of police discretion has long coexisted with apparently mandatory arrest statutes.” 545 U.S. ____ (2005). Secondly, the Court held that even if Colorado law created an entitlement to enforcement, Ms. Gonzales would still not have had a property interest. The Court found that the right to enforcement is not a property right under the Due Process Clause of the Constitution because it does not have an ascertainable monetary value. The Court found that monetary value is a required element of an enforceable property right.

Justice Stevens, writing for the dissent, argued that the restraining order did grant Ms Gonzales an “entitlement to mandatory individual protection by the local police force” and that the entitlement qualified as an enforceable property right. Justice Stevens compared a court ordered restraining order to a contract with a private security firm. Had Ms. Gonzales contracted with a private firm for personal security she would have had a clear property interest.

Justice Stevens found that the Court gave “short shrift to the unique case of ‘mandatory arrest’ statutes in the domestic violence context.” Justice Stevens addressed the issue that mandatory arrest policies and restraining orders in domestic violence cases have been a part of a national movement on addressing domestic violence and on countering “the perception by police departments and police officers that domestic violence was a private, ‘family’ matter and that arrest was to be used as a last resort.” “The purpose of these statutes was precisely to ‘counter police resistance to arrests in domestic violence cases by removing or restricting police officer discretion; mandatory arrest policies would increase police response and reduce batterer recidivism.’” Justice Stevens argued that even if the mandatory language in the restraining order left the police some discretion on how to proceed, “the police were required to provide enforcement; they lacked the discretion to do nothing.”

The Court did not address the issue in terms of international standards or the Government’s obligations under international law, despite having received an amici brief on the issue. The Court did not make any attempt to reconcile its ruling with the fact that the United States has signed and ratified the International Covenant on Civil and Political rights which provides that victims of Human Rights violations, including domestic violence, have the right to have effective and adequate remedy determined and to enforcement of any remedy granted.

The Court’s decision was met by disappointment by domestic violence advocates. "Jessica Gonzales did everything right. She divorced her violent ex-husband. She recognized the threat and sought help from courts and police. When her children were in danger, she begged for help, even going to the police station to plead her case. But the police let her down and her three daughters died as a result. This is a sad day and a giant step backward for a nation that had been making progress in stopping domestic violence and helping victims," said Esta Soler, Family Violence Prevention Fund President.

Ms Gonzales also expressed disappointment in the Court’s ruling and stated: "I will continue to raise awareness around this issue so that my daughters will not have died in vain. We need to put pressure on our elected officials to pass laws that offer real protection to women and their families."

Justice Scalia, writing for the Court, indicated that although Federal law did not create liability for failure to enforce restraining orders, states are free to do so in their own statutory schemes. "The Supreme Court’s ruling makes it clear that state legislatures must take the lead in protecting victims of domestic violence and pass laws that will hold police accountable for taking protection orders seriously," said Lenora Lapidus, Director of the ACLU Women’s Rights Project.

Montana and Tennessee are two examples of states that hold police accountable. In Montana, the state Supreme Court has found that state laws enacted to protect victims of domestic violence create a special duty of police officers to enforce the laws or be liable for failure to do so. Massee v. Thompson, 90 P.3d 394, 403 (Mont. 2004) In Tennessee, the state Supreme Court has found that an order for protection creates a special duty of police officers to enforce the order. The Court found that if an officer negligently fails to enforce an order for protection and the victim suffers personal or property damage the officer, the police department and the local government are subject to liability. Matthews v. Pickett County, 01S01-9801-FD-00005 (Tenn. 1999).

In light of the Court’s ruling, mandatory arrest language is not enough to hold police officers liable for enforcement. As laws providing orders for protection for victims of domestic violence are drafted or amended, provisions explicitly creating a special duty of enforcement and liability for failure to enforce will need to be included.

Compiled From: Town of Castle Rock v. Gonzales 545 U.S. ______ (2005); Civil Liberties Group Calls on States to Take Lead in Protecting Victims of Domestic Violence  ACLU  (27 June 2005) Gonzales Ruling a “Serious Blow” to Victims of Violence Who Need Police Protection  Family Violence Prevention Fund (27 June 2005); Massee v. Thompson, 90 P.3d 394 (Mont. 2004); Matthews v. Pickett County No. 01S01-9801-FD-00005 (Tenn. 1999).

The toolkit includes background information, instructions for forming grassroots organizations, and how-to guides for taking effective action.  While it is specifically oriented for action in support of VAWA reauthorization, the toolkit's resources are applicable for other grassroots advocacy.

Passed in 1994 and reenacted in 2000, VAWA has aimed to aid responses from communities and the criminal justice system to victims of domestic violence, stalking, sexual assault, and other forms of violence against women.  VAWA 2005 seeks to continue and broaden these efforts.  Information on VAWA 2005 can be found here.

Compiled from: The Sheila Wellstone Institute, "The Violence Against Women Act 2005 Grassroots Organizing Toolkit," 7 June 2005, http://www.wellstone.org/stream_document.aspx?rID=5649&catID=3800&itemID=5648&typeID=8

National Task Force to End Sexual and Domestic Violence Against Women, "Violence Against Women Act Reauthorization," http://www.vawa2005.org/

Microcredit is becoming an increasingly tenable option for reducing poverty. Traditional loans from commercial banks are often out of reach for the poor. Without access to credit, many are unable to raise themselves out of poverty and look for other unsafe ways to provide for themselves and for their families. Microcredit, however, provides an alternative by extending credit for the establishment or growth of small-businesses to individuals. The individuals typically apply in groups and all agree to act as co-guarantors for the loan, therby providing each other with the motivation to follow through with their goals. Microcredit loans are often given in small amounts, but they have proven very helpful in empowering women in various parts of the world. In fact, based on past success with microcredit, the United Nations has declared 2005 the International Year of Microcredit, hoping to foster sustainable development and also acheive gender equality.

For victims of trafficking and those who are at risk of being trafficked, microcredit assistance may not only be a key to economic security, it also keeps them safe by providing an alternative to the danger of becoming  a sex worker. The ALMINA project, conducted by the Transnational AIDs/STD Prevention Amongst Migrant Populations in Europe Project (TAMPEP) has recognized the potential benefit and offers microcredit training for those at risk of trafficking. The NGO also offers other services, including health and legal services, to those who have become victim to trafficking within Europe and teams up with NGOs in the countries of origin to educate at-risk women on the dangers of trafficking.

Compiled from: Ewa Sobczynska and the Transnational AIDS Prevention Among Migrant Prostitutes in Europe Project, The Advocacy Project, (accessed 27 June 2005).
Vega, Maria, "Microcredit a 'Practical' Way to Fight Poverty," International Year of Microcredit 2005, 21 January 2005.

In the southern region of Kazakstan, women are facing an increasing amount of violence. In 2004, there were more than 1,500 reported complaints of violence against women, many of which were categorizes as a domestic dispute. In one-third of the cases, police refused to charge the perpetrator. This is the first year that a penalty is available for domestic violence. In cases for which charges are issued, the penalty is either 15 days in jail or a fine of up to 745USD. Judges indicate a preference for the fine due to the high costs that are incurred from jailing someone.

Meanwhile, women are left without support. Nearly half of all women living in rural Kazakstan are repeatedly abused by their spouses or boyfriends. Many suffer in silence, afraid of societal perceptions or due to family pressure, but also because they have nowhere to turn. One woman spoke about the difficulty in leaving her battering husband. With six children and her husband as the sole breadwinner, she felt that she was unable to leave him. There are currently no free shelters that would provide victims with food, temporary housing and psychological counseling. Law enforcement officials indicate that they are doing what they can to prevent the abuse by putting psychological pressure on the batterers with regular visits to their homes. Meanwhile, advocates are awaiting the passage of a new draft law that will provide more protection for victims.

Compiled from:  Baituova, Gaziza, "Little Support for Kazak Wives," institute for war and peace reporting, 16 June 2005.

A Women's Counseling Center will open on Tuesday, 21 June 2005 in the town of Kukes in northern Albania. The Center, the first in the area, was established by The Organization for Security and Co-operation in Europe (OSCE) Presence in Albania with financial support from the German Embassy in Albania.

According to an OSCE press release, the Center aims "to support fair and equal treatment of women through psychological encouragement, counselling, mediation, legal advice, representation at court, public awareness and training" and to provide immediate assistance to victims of domestic violence. In addition to helping victims of violence against women, the Center will act as a resource for contacts among advocates and women's NGOs in the area.

Ambassador Pavel Vacek, the head of the Albanian OSCE Presence, will officially open the Center.  The opening will begin at 2 p.m. at the location of the Women's Counseling Center, Ish-Shkolla e Muzikes, Kukes; the media are invited to attend.

Cited in:  "Head of OSCE Presence in Albania to open Women's Counselling Centre in Kukes," OSCE, http://www.osce.org/item/15237.html, 20 June 2005.

By Patrick Moore

The draft of the final declaration of the EU summit held in Brussels on 16-17 June made no specific mention of the accession plans of Bulgaria, Romania, Croatia, or Turkey. People in the western Balkan countries are likely to regard this omission of more advanced candidates as a sign that their own EU aspirations are now on hold, if not altogether dead.

One of the casualties of the recent French and Dutch votes against the proposed EU constitution appears to be the enlargement process, although few leaders were willing to say so in public at the summit. Unnamed diplomats from Luxembourg, which currently holds the EU chair, told reporters that the references to the four countries were omitted because enlargement was not a topic at that gathering, adding that the EU's policy on enlargement has not changed. EU Enlargement Commissioner Olli Rehn said that Brussels will honor its agreements with the applicants. Prime Minister Jean-Claude Juncker of Luxembourg pointed out that Bulgaria and Romania can count on accession because "the treaties have been signed [and] will be respected in full."

He also argued, however, that EU member states need time to "think about the rhythm and extent of enlargement. There is no conclusion on this point for the moment." French President Jacques Chirac also suggested that the EU might not be able to cope with additional members for a while (see "RFE/RL Newsline," 14 June 2005, and "RFE/RL Balkan Report," 3 June 2005).

The draft communique also said that the future of the western Balkan states lies with the EU but did not give any of them a timetable for further integration, adding that each country will be judged on its own merits. The text encouraged Macedonia, Serbia and Montenegro, and Bosnia-Herzegovina to improve on their existing efforts toward European integration and stressed the importance of cooperating with the Hague-based war crimes tribunal. The declaration ruled out any return of Kosova to the pre-1999 situation and added that the EU will accept no political solutions there imposed unilaterally or by force.

Unnamed diplomats said, however, that the membership prospects for all the Balkan countries could already be severely damaged as a result of the recent rejection of the proposed EU constitution by French and Dutch voters and the ongoing EU constitutional and budget crises. The summit did not include the customary meeting with heads of the candidate countries. Although the prime ministers of Turkey and Croatia were initially invited to meet EU leaders on 17 June, the meeting was called off in a move many observers in Zagreb regarded as ominous.

In the days leading up to the summit, there were already hints of what was in the offing. At the EU foreign ministers meeting in Luxembourg on 13 June, EU External Relations Commissioner Benita Ferrero-Waldner suggested that it might be time for the citizens of the EU to "breathe" before proceeding with a new round of enlargement.

Rehn said at the same meeting that his "message to the peoples and governments of the western Balkans is that the stabilization and association process is on its rails, it is moving on." He added that "the door to the European Union is still open to those countries that meet the criteria of accession or association, depending on which stage they are in this process."

He nonetheless made it clear that Brussels is in no hurry to admit Croatia. Rehn said that the "Commission is committed to the new membership of Croatia. We have noted some progress as regards cooperation with the Hague[-based war crimes] tribunal. But it is clear that Croatia needs more time to achieve cooperation with the Hague tribunal." He suggested, however, that Croatia could start admission talks with the EU "on the day" that war crimes indictee and fugitive former General Ante Gotovina goes to The Hague.

Rehn sent an urgent signal to all applicants on 8 June, when he told "Spiegel-Online" that countries that want to draw closer to the EU should try to meet their prerequisites as soon as possible in view of the "enlargement fatigue" affecting much of the Western European public.

At least one leader of a major EU member state indicated before the summit that he remains committed to enlargement, stressing that its benefits far outweigh its costs. During a joint news briefing with Macedonian Prime Minister Vlado Buckovski, German Chancellor Gerhard Schroeder said in Berlin on 8 June that unspecified "populists" are seeking to destroy the EU by attempting to prevent the western Balkan countries from joining that body. Asked if the EU can afford to fund further enlargement in that region, Schroeder replied, "Instability is much more expensive." He added that "you would be amazed if I told you how much the current situation in the Balkans with European soldiers costs." He argued that "Macedonia's example without any doubt...shows that the region's stability is linked to its European perspectives." He also warned that eliminating these "perspectives" would fuel instability in the region. At the same time, the chancellor refrained from naming concrete dates for the EU accession of the countries in the western Balkans.

The results of the Brussels summit indicated that Schroeder's pro-enlargement views are in the minority. Regional leaders were not slow in reacting to the unpleasant news but generally sought to put on a brave face. Croatian Prime Minister Ivo Sanader said in Brussels on 16 June that members of the European People's Party, which is a coalition of conservative parties active in European affairs, have given "full support" to Croatia's bid for EU membership. He added that negotiations could start now and last two to three years, during which time all outstanding problems between Zagreb and Brussels could be resolved.

Elsewhere in the Belgian capital, Serbian Prime Minister Vojislav Kostunica said that the EU should not close it doors to the Balkan countries, adding that he will soon submit a "strategic plan" for Serbia and Montenegro to join the EU in 2012.

In Zagreb, Croatian President Stipe Mesic warned that negative signals from Brussels will "strengthen Euroskeptic and nationalist forces" in Croatia and the region.

It now remains to be seen what the impact of Brussels' cold shower will be in the Balkans. In a region where strength and the ability to translate wishes into action command respect, the EU's internal confusion and apparent repudiation by French and Dutch voters will be widely regarded as evidence of weakness, which invites contempt in most Balkan cultures. The EU will still be welcomed in the region as a source of funding, but its political admonitions are likely to fall on increasingly deaf ears.

By blocking the enlargement process, moreover, the EU has deprived itself of its most important "carrot" in influencing the region, namely the prospect of European integration, as Schroeder suggested. Carla Del Ponte, who is the Hague-based war crimes tribunal's chief prosecutor, said in Washington on 14 June that Brussels' insistence that cooperation with the tribunal will help determine whether former Yugoslav republics will progress in the EU admission process was the main leverage used on those states to get them to cooperate with The Hague. She noted that the EU's decision on 15 March to postpone admission talks with Croatia was an effective wake-up call for the Zagreb authorities. But she might have added that, conversely, the absence of a clear prospect of admission is likely to weaken Brussels' ability to influence Croatia or any other country in the region (see "RFE/RL Newsline," 23 March and 20 April 2005, and "RFE/RL Balkan Report," 24 September 2004).

This does not necessarily mean that the EU will give up or even scale down its ambitions in the region. Rehn told the EU foreign ministers on 13 June that he finds it "desirable that also in the light of the forthcoming standards and status process of Kosovo that we could be able to start negotiations for a stabilization and association agreement with Serbia and Montenegro this autumn, so that these negotiations would be conducted in parallel with the status process of Kosovo."

For his part, EU High Representative for Common Foreign and Security Policy Javier Solana said that "when we talk about standards [in Kosovo], we are talking, in a different manner, about the rights of minorities. Therefore, all of those issues are going to be under a microscope of the European Union, to see how they develop." Solana stressed that the EU wants a "fundamental" role in determining Kosova's future.

But the EU is not the only show in town. Denmark's Soren Jessen-Petersen, who heads the UN civilian administration in Kosova (UNMIK), told the Berlin-based daily "Die Welt" of 9 June that the EU's internal crisis is affecting the countries of the western Balkans. He stressed that Belgrade needs a clear "EU perspective" if the region is to become truly stable, adding that a similar perspective is crucial if Kosova is to implement the international community's standards. He nonetheless added that the recent U.S. efforts aimed at resolving the status issue in Kosova are welcome because "no problem" in the western Balkans can be solved without the full involvement of the United States. The Danish diplomat said that he wishes that Brussels were as involved in Kosova as much as Washington is (see "RFE/RL Newsline," 8, 9, and 14 June 2005).

Furthermore, the EU is hardly the only European actor in the Balkans. Germany, Austria, and Italy have strong ties to the region and continue to be influential as individual states. Poland, the Czech Republic, Hungary, and Slovenia are qualified to play special roles in the Balkans because they themselves are successful postcommunist states. Matthias Rueb, who formerly covered the Balkans for the "Frankfurter Allgemeine Zeitung" and is now that daily's Washington correspondent, noted in the 16 June issue of that paper that the EU's "identity crisis is likely to lead to a renaissance of...the national states in Europe."

Some people do not regard that as a bad thing at all. A central thesis of former British Prime Minister Margaret Thatcher's 2002 book "Statecraft: Strategies for a Changing World" (New York: HarperCollins Publishers) is precisely that nation-states are and will remain the most serious factors in international politics. Referring to the Balkans, she noted (page 18) that "the European Union can never pursue sensible policies towards the countries of the Balkans for a very simple reason. The EU, or more precisely the class which rules it, cannot accept the validity of nationhood -- for that would be to make nonsense of the European idea itself. So rather than try to encourage nation-states to develop and advance, the EU will always try to suppress or undermine them. This bodes ill everywhere. But particularly in the Balkans, it risks creating more intense and destructive -- because vilified and frustrated -- national passions" (see "RFE/RL Balkan Report," 25 March 2005). (Patrick Moore)

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.

Recognizing the hidden nature of domestic violence, Kaiser Permanente National California, a national health maintenance organization, has instigated a more comprehensive approach to screening patients for domestic abuse. In November of 2001, Cassandra Floyd, an OB/Gyn at a Kaiser Permanente hospital was shot and killed by her former husband. The tragic death of the prominent doctor shocked the medical community and reinforced Kaiser’s determination to lead the way in diagnosing patients with domestic violence.

Kaiser Permanete hospitals screen for domestic violence not only in the emergency room but also during routine exams. This approach involves questioning patients about their home-life, and takes note of a patient’s health. People in abusive relationships are 60% more likely to suffer from neurological, gynecological and stress-related problems. Symptoms characteristic of domestic violence include headaches, anxiety, depression, and chronic abdominal pain. Other symptoms include failing to get children vaccinated on time or missing appointments. “We’re identifying the situation before people come in with a broken bone or a black eye,” said Dr. Brigid McCaw, a leader of the Family Violence Prevention Program at Kaiser Permanente. One Kaiser Psychologist, a domestic violence survivor herself, recalls, "I became very ill during my marriage, with chronic insomnia, night sweats, arrhythmia and I developed positive markers for lupus." Her physician urged her to seek help, worried that either her husband, or the stress, would eventually kill her.

As a health plan, medical center, pharmacy and outpatient clinic, Kaiser can connect patients diagnosed with domestic violence with a network of services. Heavily involved in the community, Kaiser routinely refers patients to mental health counselors, shelters and food banks. Hoping to raise awareness, Kaiser has also created a traveling exhibit called “Silent Witness” which relates the stories of employees who are survivors of domestic violence.

According to the Family Violence Prevention Fund, thirty-seven percent of women who sought treatment in emergency rooms for violence-related injuries in 1994 were injured by a current or former spouse/intimate partner. One-in-three women are assaulted by a domestic partner at some point in their life.

This year, in renewing the Violence Against Women Act, (VAWA 2), the United States Congress has introduced a bipartisan bill to improve domestic abuse screening by health professionals. Following Kaiser’s example, this bill would fund training and education, while encouraging partnerships between health care providers and community services.

Compiled from: “Hospital Program Identifies More Domestic Violence,” Rebecca Vesely, WeNews, 13 June 2005.

Prague court has sent a foreign national to 12 years in jail for robbing and raping a number of women. Thirty year old Marius Dragan was found guilty of several counts of rape, assault and theft in the months between March and June of last year. His victims were so badly beaten they had to be hospitalized and women living in Prague's Jizny Mesto, lived in fear of being attacked. The police only managed to capture Dragan when they used a police woman as a decoy.

Published in: "12 Year Jail Sentence for Assault and Rape," Radio Prague, 15 June 2005.

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UNHCR has launched a new World Refugee Day page on its local website www.unhcr.org.au/WRD2005.

The theme for World Refugee Day, on June 20, is 'courage'. People will celebrate the courage of refugees not just in enduring the dangers and violence of the crises that made them refugees, but also the courage refugees show in rebuilding their lives and contributing to society in difficult or unfamiliar circumstances.

The campaign this year, It takes courage to be a refugee, includes five 'portraits of courage' - five individuals from five different regions.

UNHCR Regional Office Canberra is asking schools, community groups, NGOs and government agencies to help celebrate World Refugee Day this year by sending in details of their event for possible listing on the website.

To list a World Refugee Day event on UNHCR’s local website, send details to aulcapi@unhcr.ch in the following format, and type WRD event listing in the subject field of your email:

• State (ie which state is it taking place)
• The event's title and a brief description (include guest speakers)
• Provide location and address
• Date and time
• Contact details (a telephone number and/or website address, or attach a flyer)

To find out more about this year's theme, to order free campaign materials, or see ideas on how to get involved, visit www.unhcr.org.au/WRD2005 or call UNHCR Regional Office Canberra, Public Information Unit e-mail: aulcapi@unhcr.ch ph: 02 6120 1108.

Cited in: ABA-SIL Human Rights Committee e-Brief Listserve.

By Gulnoza Saidazimova

Turkmen women and men used to be the most expensive brides and grooms in the world. That was until President Saparmurat Niyazov scrapped a rule forcing foreigners to pay an "insurance deposit" of $50,000 to marry a citizen of Turkmenistan. This week, he issued a new decree he said was aimed at protecting Turkmens married to foreigners. But neither change is likely to mean much to the foreigners who marry Turkmens the most -- people living in the border regions of Uzbekistan. For them, legal matrimony remains as difficult as ever.

Kumush Narziyeva is a Turkmen citizen who has lived in the Uzbek town of Talimarjon since the summer of 2002. That was when she and her Uzbek fiance eloped to Uzbekistan, illegally crossing the border and having a nikah, or Islamic marriage, in Talimarjon.

"I eloped with my husband because I loved him. Our parents didn't like that, they didn't speak to us for 2 1/2 years.

The dowry is a very complicated matter in Turkmenistan. Some men earn money, others don't. They can't pay the dowry, and so they kidnap Turkmen [girls]," Narziyeva said.

According to the Turkmen laws at the time, Narziyeva's fiance would have had to pay at least $50,000 to receive official permission to marry her. He would have also had to own a house in Turkmenistan and live in the country for at least a year before being allowed to wed.

President Niyazov, issuing the decree in June 2001, said it would protect women from being tricked into abusive relationships, and that the money would be used to provide for children in case of divorce.

The terms were high even for prospective Western grooms. For the Turkmens and Uzbeks living in the border area of neighboring Uzbekistan, they were impossible. People in the region have traditionally had intercultural marriages. But with an average monthly salary of just $20-30, there was no way they could afford the $50,000 fee.

After the requirement was introduced, many Turkmen women eloped or were "voluntarily kidnapped" by Uzbek men.

Independent observers said the move made Turkmenistan even more isolated.

But it's recently gotten cheaper to marry a Turkmen citizen. The $50,000 requirement was scrapped in March. The obligation to own a house was also dropped.

Another change came last week, when Niyazov -- who likes to be referred to as Turkmenbashi, or "Father of All Turkmen" -- issued a new decree.

This one requires Turkmen citizens and their prospective foreign spouses to sign a contract determining how their property will be divided in case of divorce. As with the previous decree, his aim, Turkmenbashi said, was to protect Turkmens from unscrupulous spouses.

Niyazov's new decree was announced on national television on 9 June.

"In order to protect the rights of Turkmen citizens who intend to marry a foreign citizen or person with no citizenship, President Niyazov has signed a decree. Attached to this official document is a sample of an approved marriage contract," the male broadcaster said.

Now, as before, a foreigner wishing to marry a Turkmen citizen must live in Turkmenistan for at least a year before the wedding. There is also a mandatory three-month engagement period following the formal submission of the marriage application.

But observers still see the recent changes as a sign of progress.

Tajigul Begmedova, head of the Turkmen Helsinki Foundation for Human Rights, said the move is progressive compared to the former $50,000 fee. She spoke to RFE/RL from the Bulgarian city of Varna.

"Such a decision should have been made at the very beginning of independence when authorities, as they say, started creating a secular state. If they had done it then, we could have avoided so many tragedies and violations of human rights involving people who married foreigners. The abolition of the fee -- or qalin, as Turkmen say -- wasn't a result of government will. It came under pressure from the international community," Begmedova said.

Does the new move make it easier for foreigners to marry Turkmens?

One Uzbek woman, who asked to be called Nasiba, said her son had been unable to marry his girlfriend of four years because of the $50,000 requirement. But even now, she said, it is still difficult and expensive to marry a woman from Turkmenistan.

"We are going to kidnap her. There is no other way. We will have to cross the border. We'll put money in soldiers'

pockets and overcome other obstacles," Nasiba said.

Even without the official fee, Turkmen women remain expensive brides. The tradition of qalin, or dowry, is so entrenched in society it remained common practice even during the Soviet era.

And it isn't cheap. For qalin, parents usually ask prospective husbands for 36 sheep, 36 dresses or their equivalent in fabric, at least four boxes of vodka, and $600.

That is why Nasiba's son, and others like him, turn to voluntary kidnapping as a last resort.

But difficulties will remain even for those couples who manage to marry.

Kumush, who eloped three years ago with her Uzbek groom, cannot hold Uzbek citizenship because her marriage was not officially registered. She is also without a residence permit, since she crossed the border illegally, without obtaining an Uzbek visa. Her children do not even have birth certificates. (Muhammad Tahir of RFE/RL's Turkmen Service contributed to this report, which was originally published on 10 June 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

On 3 May 2005, the Committee of Ministers of the Council of Europe adopted three treaties, including the Convention on action against trafficking in human beings (PDF, 17 pages). The purpose of this Convention is to counter and prevent trafficking in persons that takes place nationally and internationally. The Convention does not require a link to organized crime and incorporates victim protection, as well as a monitoring mechanism to ensure states parties' compliance.

The Convention was opened for signature at the Warsaw Summit on 16-17 May 2005. Countries that have signed onto the Convention include: Armenia, Austria, Croatia, Cyprus, Iceland, Luxembourg, Malta, Moldova, Norway, Poland, Portugal, Romania, Serbia and Montenegro and Sweden.

The purpose of the Convention is to prevent and counter trafficking in persons, while ensuring gender equality, protect and assist victims of trafficking, and promote international cooperation on combating trafficking in persons. In addition, the Convention addresses monitoring mechanisms, investigations and prosecutions, and substantive criminal law.

Contributed by Liliya Sazonova, National VAW Monitor for Bulgaria

A "Public Observations in the Court to Monitor Cases Involving Domestic Violence" Project is being carried out by the Association Demetra in Burgas. The Court in Burgas is cooperating with the project which has assistance from the Open Society Institute. The ambition of the organized court monitoring program is to achieve a constant change in the justice system as well as to support equality between women and men in compliance with the European Union standards. The objectives of the project are to investigate the problems in the justice system and to make recommendations assisting its work with victims of domestic violence as well as to raise community awareness about the issue of domestic violence.

Association Demetra sends trained volunteers into the courtrooms in the Regional Court in Burgas with the aim to monitor and document statements, behavior, and attitudes in cases involving domestic violence. The 10 volunteers either graduated Law this year or are last year students in Law at the Free University in Burgas. They have red clipboards and badges indicating their names and that they are volunteers. Their mission is to provide a public presence in the courtroom and note objectively observable behaviors by justice system personnel. The volunteers all participated in a two day training on the principals and logistics of monitoring court cases involving violence against women led by The Advocates Women’s Project Director Cheryl Thomas, Marna Anderson, Director of WATCH, and Judge Kathryn L. Quaintance, Hennepin County District Court Judge, in Sofia in November 2004. The training was part of the Open Society Institute’s project to establish a court monitoring program in Bulgaria. The training provided by The Advocates was followed by additional local training.

Within the project’s framework a pilot newsletter called Public Observer informing on the monitoring process in the courtrooms has been issued. This method of empowering civil society to monitor the work of the justice system is new for the Bulgarian settings and is after the long-lasting and successful experience of two International non-governmental organizations - The Advocates for Human Rights and Watch.

Volunteer’s reflections on their work are published in the newsletter. Plamena who has observed 6 cases involving domestic violence discusses that people in Bulgaria decide to submit a request to the Court only as a last resort and in dead-locked situations. In this line of reasoning, Maya Vurbanova comments that victims usually prefer to undertake divorce proceedings instead of bringing a charge against the perpetrators. However, the divorce does not always eliminate the physical and psychological harassment. For instance, Maya monitored a case where a couple got divorced in 2003 but the perpetrator forced the victim to continue living with him in the same home and he treated her even worse after they broke up. Maria Gudzheva points out that in most of the cases women who are victims of domestic violence decide to divorce long after they have been physically, psychically, and morally exhausted and humiliated. She considers that the reasons for their passive behavior are a result either from their ignorance about the opportunities they have, or from their fear of the perpetrators, from their shame to make their case public, or just because they have no other choice.

The first step of the Demetra's court monitoring strategy refers to the provision of a consistent public presence in the courtroom realized by the volunteers who observe and collect data on cases involving domestic violence. This public presence in the courtroom holds the system accountable for its actions and reminds to the advocates, prosecutors, judges, legislators, etc. that the public is interested and informed on what is going on there. The next phase is to undertake further investigation and research into these cases and to analyze the existing problems, if any. After completing the reports of this research, Association Demetra disseminates them to criminal justice personnel, upon request. The court-monitoring organization’s staff makes the results from the observation public through the media and through periodic newsletters in order to inform society and to make the Court procedures more visible. Association Demetra puts the accent on violence against children and women cases because they have not been seriously taken into account by the Courts in Bulgaria in the past years. By the monitoring programs the organization aims to increase public intolerance against the perpetrators of this kind of crimes, to make the justice system more effective and responsive in handling cases of violence and thus to promote a safer world for the victims of violence and just remedy for the perpetrators.

On May 18, former TV star Shaima Rezayee was found dead in her home, in the Kabul neighborhood of Char Qala, with a gunshot wound to her right temple.  Although police have not ruled out the possibility of suicide, Jamil Khan, head of the criminal investigation suspects that “family members may be involved” with Rezayee’s death. According to unconfirmed reports from Kabul, two of Rezayee’s brothers were home at the time of the killing and are within police custody.

Until March of this year, Rezayee worked as a VJ on the hip Afghan show “Hop” which aired music videos and ranked #1 as Tolo TV’s most popular show. Rezayee was one of the first women to remove the burqa after the Taliban were removed from power, and chose to dress in westernized clothing in public. As the sole female presenter on the show, Rezayee drew criticism from mullah conservatives for appearing on television and speaking with men other than those in her family.

In March, the Ulema Council, a government panel of religious scholars, accused Tolo TV of “broadcasting music, naked dance and foreign films, which are against Islam and other national values of Afghanistan.” The Information Ministry asked the station to enact changes, addressing the sexually explicit videos and the “casual” chat between male and female costars. That month, as Tolo TV prepared to go national on satellite broadcasting, the TV executives dropped Rezayee from the show “Hop.”

Tolo TV Director Saad Mosheni has told sources that Rezayee decided to leave the station on her own because she only wanted to work part-time. Later Mosheni stated that Rezayee was dismissed “for not observing the rules and regulations of the company. She did not come to work on time.” After her dismissal from the TV show, viewers worried that Rezayee had been kidnapped, assassinated, or killed by her family in order to save their honor. A few days later, Rezayee spoke with the press by telephone assuring her audience that she was alive but had received “threatening phone calls and [I] am worried for my safety.”

Although sources disagree over the reason for Rezayee’s dismissal, some believe that the denunciation of the show by conservative mullahs and members of the Afghanistan Supreme Court for being “un-Islamic” was at least partly responsible.

Nadar Nadery, a member of the Afghan Independent Human Rights Commission states that Rezayee came to their office complaining of threatening calls from unknown people and that she had been fired for no reason. Rezayee showed bruises on the side of her face, and alleged that her brother had beaten her. Rezayee’s younger brother Jawad, who still remains in police custody, maintains that his sister became depressed after leaving Tolo TV and committed suicide.

However, Rezayee’s co-star on “Hop,” Shakeb Isaar, believes that Rezayee was murdered because of her connection to the show. Two weeks earlier Issar was dragged from his car and beaten because of the TV program. Having also received numerous death threats at night on his cell phone, Isaar is fearful to remain in Afghanistan and is applying for Asylum at a number of embassies.

Rezayee is the first journalist killed in Afghanistan since the end of the war in 2001.

Compiled from: Catherine Philp, “The woman killed for pop music,” TimesOnline, 20 May 2005; CNN, “Female Afghan TV Host shot dead,” 21 May 2005; Golnaz Esfandiari, Afgha.com, “Former Female TV Presenter Shot Dead in Kabul,” 19 May 2005; Freemuse.com, “Young TV music show presenter killed in Kabul,” 19 May 2005; PakTribune.com, “Mystery surrounds death of female Afghan TV star,” 1 June 2005.

"Fertile Fields: Trafficking in Persons in Central Asia" was written by Liz Kelly, a Professor at London Metropolitan University. The report indicates that trafficking is not prevalent in Central Asia at present, but that sexual and labour exploitation are common occurences. It presents problems that have caused or compounded the problem, including "border and taxation regimes." Professor Kelly explores the patterns of trafficking in the region as well as links that it has to labor migration. The report includes information about the victims of trafficking and offers recommendations regarding data gathering and methods for combatting the practice, including legislative reform, capacity-building and training for relevant authorities.

Compiled from: "New Publication Release - Fertile Fields: Trafficking in Persons in Central Asia." International Organization of Migration. 9 June 2005.

To view the full text of the report, please visit: Kelly, Liz "Fertile Fields: Trafficking in Persons in Central Asia." International Organization of Migration. April 2005.

Jennifer Bier, a rape counselor in Colorado Springs, has refused to disclose records of her therapy sessions with a client,  a former Air Force Academy cadet who accused 2nd Lt. Joseph Harding of sexual assault in 2002. On May 28th, 2005, the Military Court issued a warrant for her arrest to force Bier to appear before the court martial in Texas.  Bier has filed for a temporary restraining order and is appealing the military judge's decision in federal circuit court.

In 1999 Former U.S. President Clinton created the Military Rules of Evidence 513, (MRE), which established a therapist-client privilege for the military to protect the “confidential communications of victims and witnesses to psychotherapists” in UCMJ proceedings. The only applicable exception to the privilege is “when admission or disclosure is constitutionally required.”

Defense attorneys argue Harding has a constitution right to a fair trial that includes the “right to information that may clear him” of the charges. However, federal case law concerning MRE 513 suggests that defendants should not have access to privileged files based on vague claims that the files contain potentially useful information. 

Yet, the Military Judge requested the subpoena to review the materials and determine whether they contain anything pertinent to the defense, and if not, the documents would be returned to Bier and withheld from public disclosure. Under U.S. case law, a Court is entitled to conduct an in-camera review of psychiatric records to determine the potential relevance and applicability of the documents and weigh these against the victim’s privacy rights for discovery.

Bier worries that if she complies with the subpoena, she will discourage rape victims in the military from seeking counseling and treatment. Bier is willing to face jail in order to protect her client’s privacy, aware that the defense may be attempting to secure the documents simply to intimidate her client or to portray Brakey as mentally unstable. The Supreme Court earlier declared it unconstitutional to force a counselor to produce a patient’s records in federal cases, recognizing that such documents have often been used to place the rape-victim on trial.

In response to this case members of Congress are urging Secretary of Defense Donald Rumsfeld to strengthen military rules safeguarding the therapist-patient privilege for service members who are raped.

Compiled from: Pam, Subek, “Rape counselor’s arrest ordered” The Gazette 28 May 2005; The Associated Press, “Rape Counselor Fights Warrant over Opening Cadet’s File” June 5, 2005; Miles Moffeit, Denver Post. “Colorado Therapist enlists lawyer in AFA case.” 5 April 2005; Jag Central, June 2, 2005; Stacy Flippin, “Military Rule of Evidence 513: a shield to protect communications of victims and witnesses to psychotherapists,” Army Lawyer Sept. 2003.

The United Nations Development Fund for Women (UNIFEM), in conjunction with the Joint United Nations Programme on HIV/AIDS (UNAIDS), has created a Gender and HIV/AIDS Electronic Library based on the Gender and HIV/AIDS Web Portal.

The new library, available in CD-ROM format, contains research, training, and advocacy materials. Topic areas include:

• Gender Mainstreaming and HIV/AIDS
• Gender, Sexuality and Power Relations
• Gender, Human Rights and HIV/AIDS
• Prevention, Treatment and Care
• Legislation and Policy
• Adolescents and Youth
• Gender, HIVAIDS, and Conflict
• Stigma and Discrimination
• Violence Against Women and HIV/AIDS
• The Care Economy and Women's Unpaid Work
• HIV/AIDS in the Workplace
• Men and MasculinitiesPeople Living with HIV/AIDS

The library also contains materials in French and Spanish and features an "e-Course Builder" that allows users to create customized electronic courses and reports.

For a copy of the library, send a request to unifem@genderandaids.org

Information and resources are available on the UNIFEM Gender and HIV/AIDS web portal.

Compiled from: UNIFEM, “Gender and HIV/AIDS Electronic Library,” UNIFEM Currents Newsletter, 7 June 2005, http://www.unifem.org/resources/item_detail.php?ProductID=39.

In March 2005, the U.S. Supreme Court heard oral arguments in the domestic violence case of Castle Rock v. Gonzalez. The case was filed by a mother claiming that the death of her three daughters resulted from the failure of police to enforce a restraining order against her husband. In 1999, despite the restraining order, the father of the three girls kidnapped them from their front yard. Ms. Gonzalez made many attempts to get her restraining order enforced by the police, but to no avail. Her husband killed the three girls that night, and subsequently was killed himself in a shootout with police.

International legal scholars and various women's civil rights and human rights organizations joined together to file an amici curiae brief with the Supreme Court. In their brief, they base the right for police protection on Customary International Law and International Human Rights Law, arguing that it is strong persuasive authority and should be used to interpret the U.S. Constitution, upon which Ms. Gonzalez has based her claim. The brief cites other cases in which the U.S. Supreme Court has indicated that International Law constitutes persuasive authority and proceeds by emphasizing that the right of women to protection from violence has become a Customary Norm of International Law. In addition, the brief points out the fact that the United States has signed and ratified the International Covenant on Civil and Political rights which obligates member states to protect women and children from domestic violence. It further explains how other International Human Rights Law and various other multilateral treaties and regional organizations give women the right to be free from violence and cites decisions from around the world that protect women from domestic violence.

Numerous different groups in the United States and abroad are awaiting the decision of the Supreme Court, expected in July. The finding will greatly affect many women.

Compiled from: Rosenberg, Debra. "A Matter of Restraint." Newsweek. 19 March 2005.

 Castle Rock v. Gonzales Brief of International Legal Scholars and Women's, Civil Rights and Human Rights Organizations as Amici Curiae in Support of Respondents   (pdf, 48 pages).

The Donors Working Group on Female Genital Mutilation/ Cutting (FGM/C) consists of public and private international agencies that advocate for the abolisment of FGM/C. It includes such organizations as the World Bank and the World Health Organization as well as the United Nations Childrens Fund. The Working Group met at the European Parliament for two days to discuss ways to coordinate action and increase support for the cause. The Working Group also developed a plan of action that targets certain countries in which more coordination of efforts is needed to eradicate FGM.

"Experts say that besides being a human rights violation, FGM represents one of the most harmful practices against girls and women’s health and dignity, and inflicts a lifetime of irreparable harm." Current estimates suggest that there are between 120 and 130 million women who have been subjected to this practice. While the European Commission has indicated its support for the Working Group and its efforts, the Working Group is now asking for stronger support, including support through monetary contributions. One member of the European Parliament is calling for the ratification of the Maputo Protocol, a human rights document that "requires signatories to "condemn and prohibit" all forms of FGM." So far, only a fraction of the countries that indicated support for the protocol have ratified it. The protocol currently has ten of the fifteen signatories required to enter into effect.

Compiled from:  Bianchi, Stefania "EU Urged to Act over Female Circumcision." Other News. 3 June 2005.

New York has implemented a new approach to handling domestic violence cases in an effort to simplify the legal hurdles that face the families and victims of domestic abuse.

This new policy, which assigns one judge to each family, is expected to shift the balance of power away from the abuser and address concerns that victims often choose to drop charges and remain with a violent spouse rather than attempt to navigate a complex legal system. Often, domestic violence cases involve multiple proceedings in both criminal and civil court, including custody battles and divorce proceedings, facing multiple lawyers, judges and varying rules of evidence. By establishing the Integrated Domestic Violence Court, New York hopes to provide families an opportunity to "resolve numerous disputes in one place."

Some worry that, under the new system, a Judge may lose impartiality by specializing in domestic violence, or will choose to “bargain away criminal penalties for cooperation on the civil issues” from an abusive spouse. However, proponents note that a Judge’s greater familiarity with a particular case’s history will discourage leniency for repeat offenders and will increase compliance with court orders. In counties where offenders are less likely to encounter the same judge, the percentage of repeat domestic violence offences is typically around 20%. This year, in Erie County, New York, under the integrated system the percentage of repeat offences dropped to only 10%.

Beginning in 2001 in only three counties, the integrated approach is expected to become a state wide policy by the end of 2006 – making New York the first and only state in the United States to adopt a statewide integrated approach.

Compiled from: Terzieff, Juliette. "New York Courts Untangle Domestic Violence." Womens eNews. 06 June 2005.

The U.S. State Department recently released its fifth annual Trafficking in Persons Report, with particular emphasis on combating forced labor slavery and detailing the relationship between sex trafficking and the global spread of AIDS/HIV. This year’s report also analyzes a greater number of countries in depth, examining each government’s concrete efforts to prevent human trafficking, prosecute traffickers and protect their victims.

This year, the report commended the Czech Republic in its International Best Practices section for creating a detailed screening process to assist police in identifying victims and pursuing trafficking cases. This information is also available for police to access on an intranet website. Slovenia received recognition for its Project against Trafficking and Sex and Gender Based Violence (PATS) which provides those asylum seekers most vulnerable, (single women and children), with information on the dangers of human trafficking and methods of self-protection. Preventative measures adopted by PATS include a one on one informational session with a social worker, and a small book detailing where a potential victim can receive assistance throughout Europe.

Both the Czech Republic and Lithuania were listed as Tier 1 countries for fully complying with the minimum standards set forth by the Trafficking Victims Protection Act of 2000 (TVPA).

Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Latvia, Romania, Serbia-Montenegro, Slovenia, Switzerland and Tajikistan were listed as Tier 2 countries for making considerable efforts to bring themselves into compliance with the Act’s minimum standards.

The State Department listed Armenia, Russia, the Slovak Republic, Ukraine and Uzbekistan under the “Tier 2 Special Watch List”, which identifies countries whose governments do not “fully comply with the Act’s minimum standards but are making significant efforts to bring themselves into compliance with those standards.”  In addition, these countries are facing either a significant increase in the number of trafficking victims, failing to provide evidence of increasing efforts to combat trafficking, or are countries committed themselves to taking steps towards compliance in the next year. In particular, Armenia was targeted for failing to implement elements of its January 2004 National Action Plan to combat human trafficking.

To view the report, click here.

 USDOS_2005.pdf.

Azerbaijani girls living in Georgia are being forced to marry at an early age. While Georgian law allows a fourteen year old to marry with parental permission, many Azerbaijani parents are marrying off their daughters before they turn 14. Some are married as early as age 11 and have multiple children before they turn 15. Azerbaijanis are one of the largest ethnic minorities in Georgia and this traditional practice is taking place in many Azerbaijani villages, sometimes in spite of the wishes of the girl to continue her schooling. In the province of Kvemo Kartli, the villages are predominantly Azerbaijani and the tradition has flourished. As a result of the practice, there are very few girls who attend school after the "eighth form" at the age of 13. Once they have a good command of the Georgian language and the parents decide they are ready, a rose silk scarf is hung outside the gate, indicating that a girl within is ready to be married.

Compiled from: Alieva, Ramilya. "Georgia: Sad Plight of Underage Brides," 2 June 2005.

Part 1 in Lund, Sweden, 10 October - 4 November 2005
Part 2 in Kiev, Ukraine, 15-19 May 2006

The Regional Programme on Human Rights of Women is for the first time in 2005 arranged in two separate phases. During the first phase of the programme, held in Lund, Sweden, participants will be requested to formulate, in writing, an individual plan of action identifying challenges in implementing international human rights standards in their home countries with a focus on a particular issue or area relevant to their respective institution or organisation.

Phase two of the programme will take place in Kiev, Ukraine and will follow up on the plans of action formulated during phase one. Phase two is organised in cooperation with the Institute of International Relations (IIR), at the Kyiv National Taras Shevchenko University.

The following countries are invited to apply for the programme:

Albania, Armenia, Azerbaijan, Belarus, Bosnia Herzegovina, Bulgaria, Croatia, Georgia, Kazakhstan, Kyrgyz Republic, Macedonia, Moldova, Romania, Russian Federation, Serbia and Montenegro (including Kosovo), Tajikistan, Ukraine and Uzbekistan

Important information about the application process, please read before applying:

• Applications from other states than those mentioned above, will NOT be considered
• There is a special application form that must be used when applying. You can download it from this site. (Only your CV will NOT be regarded as an application.)
• Information brochures and application forms have been sent to Swedish Embassies/ Consulates in the invited countries
• Application forms can be sent to the Raoul Wallenberg Institute either by fax, email or regular mail
• Last date for sending in applications: July 29 2005

Click here for the Informational Brochure. (PDF 4 Pages)

Click here for the Application.  (PDF 4 Pages)

Compiled from:  Regional Programme on Human Rights of Women 2005.  Raoul Wallenberg Institute.  6 June 2005.

News Release Issued by the International Secretariat of Amnesty International

3 June 2005

Russian Federation: Nizhnii Novgorod Society for Human Rights ordered to halt activities

AI Index: EUR 46/022/2005

The well-respected Russian human rights NGO, the Nizhnii Novgorod Society for Human Rights, today reportedly learned of an official decision to suspend their organization’s activities. According to Victor Gurskii, chairman of the organization and also a professional doctor, at 10am local time two representatives from the registration chamber of the Ministry of Justice burst into Victor Gurskii’s consultation room while he was receiving patients, disrupting the consultation. Reportedly, the representatives brought into the room two people they found on the street outside, who were not sober at the time, to serve as witnesses. According to Victor Gurskii, the representatives told him that there had been a decision to suspend the work of the organization, and attempted to hand him a copy of the decision. Viktor Gurskii told Amnesty International that he refused to accept the document while he was consulting patients and requested them to come back another time.

Amnesty International is very concerned at this latest incident in a worrying trend of Russian authorities putting pressure on human rights defenders and human rights organizations who carry out legitimate and valuable work in the field of human rights in Russia. Amnesty International calls on the Russian authorities to halt the targeting of human rights organizations and to demonstrate that they not only tolerate but also respect and defend the right of individuals and organizations to be truly independent voices in society.

Background

The Nizhnii Novgorod Society for Human Rights was registered in 1993 and is one of the oldest and most high-profile human rights NGOs in the region. In cooperation with other NGOs, in particular, the Nizhnii Novgorod-based Committee Against Torture and the Russian-Chechen Friendship Society, it conducts human rights monitoring, organizes campaigns, offers free legal consultations to individuals, and publishes material, including the Pravo-zashchita newspaper. It has been at the forefront of a campaign for the right to conscientious objection, and work against torture.

The Nizhnii Novgorod Society for Human Rights has been in correspondence with the registration chamber of the Nizhegorodskii branch of the Ministry of Justice since February 2005. Since this time the Ministry of Justice has required the organization to submit documentation, which the organization has done. However, the decision to suspend the organization’s activities is reportedly based on the grounds that the organization has not submitted required information. The organization considers that it has been complying with all its legal obligations in this respect and according to Viktor Gurskii, a court on 19 April 2005 found that the organization had not violated the administrative code in its correspondence with the registration chamber of the Ministry of Justice.

The Nizhnii Novgorod Society for Human Rights is not the only human rights organization currently under pressure in Nizhnii Novgorod. Amnesty International has detailed an apparent campaign of harassment and intimidation against the Russian-Chechen Friendship Society. The organization is undergoing a criminal investigation into the publishing activities of the organization, as well as simultaneous checks by the tax authorities and checks by the Ministry of Justice. At the same time, one staff member, Oksana Chelysheva, has been the subject of threatening leaflets which have been distributed in Nizhnii Novgorod.

View all AI documents on the Russian Federation:
http://amnesty-news.c.topica.com/maadALhabhwUxbe1UKub/

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News Release Issued by the International Secretariat of Amnesty International

30 May 2005

Afghanistan: Women still under attack -- systematic failure to protect

AI Index: ASA 11/008/2005

"At the moment, there are more pressing issues....a civil servant has too much on his mind to deal with women's rights. It is a matter of priorities," Amnesty International interview with the Governor of Kandahar, 13 September 2004

Violence against women and girls in Afghanistan is pervasive, said Amnesty International today launching its latest report "Afghanistan: Women under attack".

"Throughout the country, few women are exempt from violence or safe from the threat of it," states the report.

Daily, Afghan women are at risk of abduction and rape by armed individuals, forced marriage and being traded in settlement of disputes and debts. They face discrimination from all segments of society as well as by state officials.Violence against women is widely accepted by the community and inadequately addressed at the highest levels of the government and the judiciary. Investigations by the authorities into complaints of violent attacks, rape, murders or suicide of women are neither routine nor systematic, and few result in prosecutions.

"Societal codes, invoked in the name of tradition and religion, are used as justification for denying women the ability to enjoy their fundamental rights. Perceived transgressions of such codes have led to the imprisonment and even killing of some women. Some authorities treat women who run away to escape these situations as criminals and imprison them." said Amnesty International.

Afghanistan is in the process of reconstruction after many years of conflict, but hundreds of women and girls continue to suffer abuse at the hands of their husbands, fathers, brothers, armed individuals, parallel justice systems, and institutions of the state itself such as the police and the justice system. There are reported increases in forced marriages and some women have killed themselves to escape, including by self immolation.

"Husbands, brothers and fathers remain the main perpetrators of violence in the home but the social control and the power that they exercise is reinforced by both state authorities and informal justice systems" Amnesty International emphasized.

"We stress that the Afghan authorities have a duty to refrain from committing violations of human rights and to protect women from violence committed not only agents of the state but also by private individuals and groups. Reform of the criminal justice system is integral to the protection of all Afghan women and it is the responsibility of the state to provide legal safeguards.

Under international human rights standards, Afghanistan must exercise due diligence to secure women's rights, including the rights to equality, life, liberty and security, as well as freedom from discrimination, torture and cruel,inhuman and degrading treatment.

Amnesty International's report highlights the failure of the Afghan authorities to respect, protect and fulfil the rights of women and girls. It stresses that state must accept responsibility and ensure that the right to live free from violence is fully realized for women and men in Afghanistan.

The organization calls on the Afghan government -- as an essential minimum towards ending the patterns of discrimination and violence in the country -- to, among others steps:

   * publically and unequivocally condemn all violence against women and girls including that occurring in the family and through decisions by informal systems and perpetrated by agents of the state;
   * continue to strengthen the reform of the criminal justice system including comprehensive training of the judiciary and police in order to raise standards which promote and protect the rights if women;
   * not invoke any custom, tradition or religious consideration to avoid their obligations to eliminate violence against women;
   * modify or abolish existing laws (such as the Penal Code), regulations, customs and practices which constitute discrimination against women in family matters or which permit such discrimination to exist.

The organization simultaneously calls on the international donor community to encourage and support the Afghan government in ending crimes against women through sustained commitment to rebuilding Afghanistan in ways that enable women and girls to realize their rights.

For the full text of the report, please go to:
http://amnesty-news.c.topica.com/maadzqaabholXbe1UKub/

Act now to stop violence against women:
http://amnesty-news.c.topica.com/maadzqaabhoI7be1UKub/

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For three years a women's rights campaign has been underway in Turkey. The new penal code now reflects the efforts of the advocates with new articles that address "gender equality and the protection of sexual and bodily rights of women and girls. However, despite the wide range of amendments, discriminatory provisions remain in the new law, violating human rights in the domain of sexual and reproductive rights in Turkey." The original effective date of 1 June 2005 has been postponed by the government so that a final review can be conducted.

Compiled from:
"Turkey - Action Against Discrimination." The Network of East-West Women - Polska/NEWW. 6 June 2005.
"Turkish Civil and Penal Code Reforms from a Gender Perspective: the Success of Two Nationwide Campaigns." Women for Women's Human Rights. February 2005.

Faced with a world in which daily threats to human security range from police brutality and domestic violence against women to armed conflict, a thorough analysis and integration of gender in security sector reform initiatives and processes will strengthen efforts to ensure the right to security for women, men, girls and boys as well as create a just, democratic and effective security sector.

The new web section available on INSTRAW's website includes a wide range of up-to-date information for researchers, activists, policy-makers, and practitioners such as:

Background and analytical framework
Glossary
Fact Sheet
Annotated Bibliography
Organisations
International Agreements
Events... and more!

For more information or to join the Gender and Security Sector Reform Network, please contact Kristin Valasek at kvalasek@un-instraw.org or visit:

http://www.un-instraw.org/en/index.php?option=content&task=view&id=954&Itemid=209

In Presidential Statement, Council Recognizes Shared Responsibility
Of Secretary-General, All Member States to Prevent Abuse, Enforce UN Standards

While confirming that the conduct and discipline of troops was primarily the responsibility of troop-contributing countries, the Security Council recognized this afternoon the shared responsibility of the Secretary-General and allMember States to take every measure within their purview to prevent sexual exploitation and abuse by all categories of peacekeeping personnel, and to enforce United Nations standards of conduct in that regard.

In a statement read out by Council President Ellen Margrethe Løj (Denmark) -– following its first-ever public meeting devoted exclusively to sexual exploitation and abuse -- the Council condemned, in the strongest terms, all acts of sexual abuse and exploitation committed by peacekeepers and reiterated the importance of ensuring that they were properly investigated and appropriately punished.  The Council was deeply concerned that the distinguished and honourable record of accomplishment in United Nations peacekeeping was being tarnished by the acts of a few individuals and underlined that the provision of an environment in which sexual exploitation and abuse were not tolerated was primarily the responsibility of managers and commanders.

The Council would consider includingrelevant provisions for preventing, monitoring, investigating and reporting misconduct cases in its resolutions establishing new mandates or renewing existing mandates.  In that regard, it called upon the Secretary-General to include, in his regular reporting of peacekeeping missions, a summary of the preventative measures taken to implement a zero-tolerance policy and of the outcome of actions taken against personnel found culpable for sexual exploitation and abuse.

Briefing the Council earlier, Prince Zeid Ra’ad Zeid Al-Hussein (Jordan) the Secretary-General’s Special Adviser on Sexual Exploitation and Abuse, compared a peacekeeper who exploited the vulnerabilities of a wounded population, already victimized by war, to a physician who violated the patient entrusted to their care or the lifeguard who drowned the very people in need of rescue.  Actions of that sort punctured violently the hope embodied by the very presence of the person who was there to help those in need.

However rare they may be, such repugnant abuses struck at the very credibility of both the peacekeeping operation in question and the United Nations as a whole, he said.  Sexual exploitation and abuse would not be eliminated from United Nations peacekeeping so long as some among the general United Nations membership and the Secretariat would have it believed that the furore regarding sexual exploitation and abuse was an over-exaggeration, a media-inspired public-relations issue, and nothing more -- one that would surely soon lapse into the past.

Also briefing the Council, Jean-Marie Guéhenno, Under-Secretary-General for Peacekeeping Operations, said his Department treated the issue as a matter of the highest priority.  Since 1 December 2004, investigations had been completed into allegations involving 152 peacekeeping personnel (32 civilians, 3 civilian police and 117 military) and five United Nations staff members had so far been summarily dismissed.  Nine more were undergoing the disciplinary process, and four had been cleared.  Two uniformed police unit members and 77 military personnel had been repatriated or rotated home on disciplinary grounds, including six military commanders.

Regarding the enforcement on standards of conduct, he said that missions in Côte d’Ivoire, Liberia, Democratic Republic of the Congo, Ethiopia, Kosovo and Timor-Leste had established lists of premises and areas frequented by prostitutes, which were now out of bounds to all personnel.  There was a network of focal points on sexual exploitation and abuse in all missions to facilitate receipt of allegations, as well as telephone hotlines in Sierra Leone and Liberia.  At Headquarters, the Department had established a task force to develop guidance and tools for peacekeeping operations to address sexual exploitation and abuse effectively.

The meeting began at 3:50 p.m. and ended at 4:20 p.m.

Presidential Statement

The full text of presidential statement S/PRST/2005/21 reads as follows:

“The Security Council recognises the vital role that UN peacekeeping operations have played for decades in bringing peace and stability to countries emerging from war.  The Council further recognises that, with few exceptions, the women and men who serve in UN peacekeeping operations do so with the utmost professionalism, dedication and who, in some cases, make the ultimate sacrifice.

“The Security Council is deeply concerned with the allegations of sexual misconduct by UN peacekeeping personnel.  The distinguished and honourable record of accomplishment in UN peacekeeping is being tarnished by the acts of a few individuals.

“The Security Council condemns, in the strongest terms, all acts of sexual abuse and exploitation committed by UN peacekeeping personnel.  The Council reiterates that sexual exploitation and abuse are unacceptable and have a detrimental effect on the fulfilment of mission mandates.

“The Security Council, while confirming that the conduct and discipline of troops is primarily the responsibility of Troop-Contributing Countries, recognises the shared responsibility of the Secretary-General and all Member States to take every measure within their purview to prevent sexual exploitation and abuse by all categories of personnel in UN peacekeeping missions, to enforce UN standards of conduct in this regard.  The Security Council reiterates the importance of ensuring that sexual exploitation and abuse are properly investigated and appropriately punished.

“The Security Council underlines that the provision of an environment in which sexual exploitation and abuse are not tolerated is primarily the responsibility of managers and commanders.

“The Security Council welcomes the comprehensive report on sexual exploitation and abuse by United Nations Peacekeeping Personnel (A/59/710), prepared by the Secretary-General’s Adviser on this issue, H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein, Permanent Representative of the Hashemite Kingdom of Jordan to the United Nations.  The Council also welcomes the report of the resumed session of the Special Committee on Peacekeeping (A/59/19/Add.1).

“The Security Council urges the Secretary-General and Troop-Contributing Countries to ensure that the recommendations of the Special Committee, which fall within their respective responsibilities, are implemented without delay.

“The Security Council will consider including relevant provisions for prevention, monitoring, investigation and reporting of misconduct cases in its resolutions establishing new mandates or renewing existing mandates.  In this regard, the Security Council calls on the Secretary-General to include, in his regular reporting of peacekeeping missions, a summary of the preventative measures taken to implement a zero-tolerance policy and of the outcome of actions taken against personnel found culpable for sexual exploitation and abuse.”

Briefing by Secretary-General’s Special Adviser

PRINCE ZEID RA’AD ZEID AL-HUSSEIN (Jordan), Special Adviser to the Secretary-General on Sexual Exploitation and Abuse in United Nations Peacekeeping Operations, noted that for the first time in history the Council was holding a public meeting devoted exclusively to that subject.  Over the past several months, and in reaction to first reports from the Democratic Republic of the Congo, some Council members had felt the need for an immediate and open discussion, but after some reflection, they had deferred to the General Assembly, so that a broad strategy for dealing with sexual exploitation and abuse could be put in place; a strategy based on consultations between all the major troop- and equipment-contributing countries, the Secretary-General, the Department of Peacekeeping Operations (DPKO) and the Office of Legal Affairs.  The contributions of all those separate components, together with the opinions offered by colleagues in the field had enabled the investigating team to respond promptly to the Secretary-General’s request for a report, which had been entitled, “A comprehensive strategy towards the elimination of sexual exploitation and abuse in peacekeeping operations”.

When the team had begun to take a close look at sexual exploitation and abuse, he said, it had become obvious that sexual exploitation, predominantly prostitution, in at least some United Nations operations appeared widespread.  The scale of sexual abuse –- when the exploitation became criminal -– had been somewhat more difficult to gauge.  It was inferred, however, that given the apparently prevalent nature of the exploitation, both by civilian, as well as military personnel, the levels of abuse had probably been more serious than previously thought.  Some of the possible reasons for that were enumerated in the report.  In reviewing all the information gathered for the report, the team had begun to grasp the complexity of the attendant legal questions; so much so that it had become concerned at how certain United Nations civilian personnel could enjoy, by virtue of a specific set of circumstances unforeseen at the creation of the United Nations, complete impunity, even when committing such frightful offences as murder.

He said that for a peacekeeper to exploit the vulnerabilities of a wounded population, already the victim of all that was tragic and cruel in war, was really no different from a physician who would violate the patient entrusted to their care or the lifeguard who drowned the very people in need of rescue.  Actions of that sort punctured violently the hope embodied by the very presence of the person who was there to help those in need.  However rare they may be, abuses by peacekeepers were, therefore, not only repugnant, but struck at the very credibility of both the operation in question and the United Nations as a whole.

Member States had refrained from opening the subject up to public discourse over the last 60 years because pride, mixed with a deep sense of embarrassment, had often produced in them only outright denials, he said.  And yet, almost all countries that had participated in United Nations peacekeeping operations had, at one stage or another, had some reason to feel deeply ashamed over the activities of some of their peacekeepers.  If all were therefore guilty, should it not then be easier for each MemberState to visit the transgressions of its own personnel openly, with some measure of honesty and humility?  Surely that was owed to the victims of abuse.  And naturally, if one was to propose such a change, to the manner by which to confront the problem, then one was obligated to set a good example.

He said that having served as a United Nations peacekeeper, he had worked in the field and seen his military and police compatriots perform extraordinary feats of courage and kindness with an unswerving sense of dedication to the Organization.  But on occasion, the Jordanian Government had had to confront some appalling cases of criminal conduct by few of its own peacekeepers, including a brutal rape of a local woman by a Jordanian in what had then been East Timor, and more recently in Kosovo, when a Jordanian civilian police officer had murdered a fellow officer.

Only days ago, he recalled, the Fifth Committee (Administrative and Budgetary) had adopted a significant number of recommendations from the Advisory Committee on Administrative and Budgetary Questions (ACABQ) for posts submitted by the Secretariat relating to sexual exploitation and abuse in follow-up to the adoption by the Special Committee on Peacekeeping Operations of the first set of recommendations contained in the comprehensive report.  That was all very encouraging, and the Secretary-General was expected to announce soon the appointment of a group of experts required by the Special Committee to, among other things, advise on the best way to proceed in ensuring that the original intent of the Charter could be achieved, namely that United Nations staff and experts on mission would never be effectively exempt from the consequences of criminal acts committed at their duty station, nor unjustifiably penalized in accordance with due process.

In the meantime, he said, despite the progress made, it would be prudent to expect that further allegations would emerge over the next year and beyond, due to the Secretariat’s strengthening of the system by which complaints could be lodged in United Nations operations.  It could also be expected that DPKO and the Office of Internal Oversight Services (OIOS) would continue to coordinate smoothly on developing a standing procedure for how investigations were to be launched and, in due course, the relationship between the OIOS and the troop-contributing countries would also need further refinement.  Similarly, it was hoped that the Special Committee would next year take up those recommendations and ideas found in the comprehensive report which it had not addressed in its April session.  In that context, he proposed the holding of in-mission courts martial for the worst offences.

He said in conclusion that sexual exploitation and abuse would only be eliminated from United Nations peacekeeping operations if most, if not all, the recommendations were put in place over the next two years.  However, that would not be possible so long as there were colleagues, both in the general membership, as well as in the Secretariat, who would have it believed that the furore regarding sexual exploitation and abuse was an over-exaggeration, a media-inspired public-relations issue, and nothing more -- one that would surely soon lapse into the past.  Sexual exploitation and abuse in peacekeeping operations was a most serious and tragic issue, especially for the victims, many of whom were young women living in the most difficult conditions.  And it carried with it the most serious consequences for the future of peacekeeping if Member States proved themselves incapable of solving the problem.

Under-Secretary-General for Peacekeeping Operations, JEAN-MARIE GUÉHENNO, said that sexual exploitation and abuse by United Nations peacekeeping personnel represented an abhorrent problem -- a violation of the duty of care owed by peacekeepers to the local population that they had come to serve.  Sexual exploitation and abuse threatened to tarnish the very name of the United Nations and undermine its ability to implement the Council’s mandates.  Eliminating such misconduct was, therefore, integral to the success of peacekeeping.

Stopping sexual exploitation and abuse would not happen overnight, but he took courage from the shared sense of urgency and determination of the Secretariat and MemberStates to address it, he continued.  He welcomed the importance given by the Special Committee on Peacekeeping Operations to the issue this year.  Prepared on the Committee’s request, the report by the Secretary-General’s Adviser on the matter provided a candid account of the problem, as well as a clear framework for effective action by both the Secretariat and MemberStates.  The report of the Special Committee on Peacekeeping Operations on sexual exploitation and abuse, once approved by the General Assembly, would provide his Department with a clear and comprehensive strategy for moving forward.

His Department treated the issue as a matter of the highest priority, he said.  Significant progress had been made in investigating allegations and putting in place wide-ranging measures to prevent such misconduct.  Since 1 December 2004, investigations had been completed into allegations of sexual exploitation and abuse involving 152 peacekeeping personnel (32 civilians, 3 civilian police and 117 military).  So far, five UN staff members had been summarily dismissed, nine more were undergoing the disciplinary process, and four had been cleared.  Concerning uniformed personnel, two members of police units and 77 military personnel had been repatriated or rotated home on disciplinary grounds, including six military commanders.

Over the past year, field missions had put in place a wide array of measures to prevent misconduct and enforce United Nations standards of conduct.  For instance, on the prevention side, missions in Côte d’Ivoire, Sierra Leone and Liberia provided induction training on United Nations standards of conduct relating to sexual exploitation and abuse.  His Department intended to make such training mandatory for all peacekeeping personnel on arrival in a mission.  Late last year, the Department of Peacekeeping Operations had issued a policy on human trafficking, which was now accompanied by a resource manual on the issue, which included a training module and practical guidance for peacekeeping operations on how best to prevent human trafficking.  Early this year, awareness-raising posters on sexual exploitation and abuse and brochures on human trafficking had been distributed to all missions and were now displayed in offices in capitals and in the field, as well as in military barracks.

Regarding enforcement on standards of conduct, he said that missions in Côte d’Ivoire, Liberia, the Congo, Ethiopia, Kosovo and Timor-Leste had established lists of premises and areas frequented by prostitutes, which were now out of bounds to all personnel.  There was a network of focal points on sexual exploitation and abuse in all missions to facilitate receipt of allegations, as well as telephone hotlines in Sierra Leone and Liberia.  The United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) had put in place a number of mission-specific measures to minimize misconduct, such as a requirement that contingent members wear their uniforms at all times.  The Mission was also strengthening managerial accountability by requiring regional heads of office to come up with concrete workplans on how they would prevent sexual exploitation and abuse.

At Headquarters, the DPKO had established a task force aimed at developing guidance and tools for peacekeeping operations to address sexual exploitation and abuse effectively, he continued.  For instance, the Department was developing a database, in coordination with the Office of Internal Oversight Services (OIOS), to track and monitor allegations and investigations, as well as follow-up action.  Among other measures, he mentioned the development of internal communications messages to remind peacekeeping personnel of their duty of care; and efforts to elaborate common policies and guidance on such issues as victim’s assistance.  Together with the Office for the Coordination of Humanitarian Affairs, the DPKO was co-chairing an inter-agency task force aimed at creating an organizational culture throughout the United Nations system that would prevent sexual exploitation and abuse.  His Department was cooperating closely with the OIOS, which was in charge of investigating allegations of sexual exploitation and abuse in peacekeeping missions.

The problem of sexual exploitation and abuse was likely to look worse before it looked better, he said.  As the Organization improved its complaints mechanisms in the field and as people started to trust that action would be taken against those who violated United Nations standards of conduct, the number of allegations would probably increase, not decrease.

Various measures undertaken over the past year at Headquarters and in the field had shown the enormity of the task ahead, he added.  Deep, systemic change was needed.  He would do his utmost to implement such recommendations with due haste, as would managers and commanders in peacekeeping operations.  He commended the resolve the Council was showing through the presidential statement under consideration today.  He also welcomed the reference in that document to the need for specific provisions to be included in missions’ mandates to address misconduct by peacekeeping personnel.  Indeed, DPKO hoped to establish a dedicated capacity to address conduct issues in the form of personnel conduct units at Headquarters and in the field.  Those units would be an essential tool for preventing misconduct, monitoring compliance with United Nations standards and ensuring swift follow-up on disciplinary cases.  In an organization that aimed towards professional standards, that was no longer a luxury, but a must.

Sexual exploitation and abuse did not occur in a vacuum, he said in conclusion.  Those acts took place where there was a general breakdown in good conduct and discipline.  The DPKO was ready to address the problem in a comprehensive manner.  However, it could not solve the problem alone.  It was necessary to create a culture and environment in peacekeeping operations that did not permit sexual exploitation and abuse.  That required joint action by the Department and MemberStates.

Published in: Security Council Condemns 'in the Strongest Terms' all Acts of Sexual Abuse, Exploitation by UN Peacekeeping Personnel, Press Release SC/8400, United Nations, 31 May 2005.

The European Commission has designated 2007 as 'European Year of Equal Opportunities for All' as part of a concerted effort to promote equality and non-discrimination in the EU. The European Year is the centrepiece of a framework strategy designed to ensure that discrimination is effectively tackled, diversity is celebrated and equal opportunities for all are promoted. The strategy is set out in a Communication adopted by the European Commission today.

European Employment, Social Affairs and Equal Opportunities Commissioner, Vladimír Špidla, said: "Europe must work towards real equality in practice. The European Year of Equal Opportunities for All and the framework strategy will provide a new drive towards ensuring the full application of EU anti-discrimination legislation, which has encountered too many obstacles and delays. Fundamental rights, non-discrimination and equal opportunities will remain key priorities for the European Commission."

The four core themes of the European Year proposed by the Commission are:

- Rights – raising awareness of the right to equality and non-discrimination

- Representation – stimulating a debate on ways to increase the participation of under-represented groups in society

- Recognition – celebrating and accommodating diversity

- Respect and tolerance – promoting a more cohesive society

The Year's proposed budget of €13.6 million will cover preparatory actions in 2006 as well as the various activities taking place during the European Year itself in 2007.

The framework strategy on non-discrimination and equal opportunities for all, which accompanies the draft Decision to set up the European Year, aims to ensure that EC anti-discrimination legislation^[1] is fully implemented and enforced. The European Court of Justice has already condemned four Member States (Austria, Finland, Germany and Luxembourg) for not adequately transposing EU anti-discrimination legislation. The strategy also looks at what more the EU can do to tackle discrimination and promote equality, beyond legal protection of people's rights to equal treatment.

In addition to the European Year, new initiatives announced by the Communication include:

• A feasibility study to look at possible new measures to complement existing EC anti-discrimination legislation
• The creation of a high-level advisory group to look at the social and labour market integration of minorities, including the Roma

Gender issues will be taken on board in the context of the European Year and the non-discrimination strategy. This will complement the EU's specific efforts on gender equality and sex discrimination, including the proposed Gender Institute and the Communication on gender equality planned for 2006.

The framework strategy and the European Year follow on from a wide public consultation conducted in 2004 on the basis of the Commission's Green Paper Equality and non-discrimination for all in an enlarged EU.

Published in: 2007 to be "European Year of Equal Opportunities for All, Press Release, European Commission, 1 June 2005.

1 June 2005

Contributed by: Biljana Brankovic, National VAW Monitor

In Serbia, a new Family Law, which introduces protective measures for victims of domestic violence, will come into force on 1 July 2005. The national parliament adopted the Family Law on 17 February 2005 and 157 parliamentarians voted for the law, while 67 voted against it. The new law prescribes, inter alia, a removal of a perpetrator from a house or apartment, regardless of ownership right, and restraining orders. This should provide protection under Civil Law, and not only by the Penal Code of Serbia as before, while the Penal Code will still cover the criminal responsibility under Article 118a.

The new Family Law also introduces a number of novelties related to children's rights, in accordance with international standards and treaties. Adoption of the new legislation gained excessive media coverage. Hence, the general public received a "message" that family violence could no longer be treated as a private issue. Interestingly, some women's NGOs working in smaller cities in Serbia informed us that many victims put a great hope in this new law. Some even asked for a copy of the text, stating, "I know that it is not yet in force, but when it comes in effect, I want to be ready!"

 New_Family_Law_in_Serbia.doc   Full Text of the New Family Law - in Serbian [89 pages in word]