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Mechanism to help Trafficking Victims Discussed at Organization for Security and Co-operation in Europe-Supported Meeting in Astana
ASTANA, 19 September 2006 - How a National Referral Mechanism could help the government support victims of human trafficking was the focus of an OSCE-supported expert meeting held today in Astana. Kazakhstan plans to follow OSCE recommendations and introduce such a mechanism to improve the protection of trafficking victims. "Co-operation between relevant government structures and non-governmental organizations is crucial to ensure that trafficking victims receive the protection they need," said Bjorn Halvarsson, Deputy Head of the OSCE Centre in Almaty. "A National Referral Mechanism would outline how such co-operation should work." The meeting, organized by the Centre and the OSCE's Office for Democratic Institutions and Human Rights, the Justice Ministry and the Ombudsman's Office, brought together mid-level specialists from government structures engaged in the fight against human trafficking. Experts from Moldova briefed the participants on Moldova's National Referral Mechanism for trafficking victims. Published in: Organization for Security and Co-operation in Europe, Press-Release, www.osce.org, accessed 22 September 2006.
Organization for Security and Co-operation in Europe Supports Co-operation among NGOs to Protect Roma Communities from Human Trafficking
TIRANA 18 September - Preventing human trafficking in Roma communities is the focus of a three-day OSCE-organized meeting that began today in Tirana. The meeting organized by the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Presence in Albania, aims to promote partnerships between anti-trafficking and Roma non-governmental organizations to better fight the increasing phenomenon of trafficking in Roma across Europe. "Roma are often stereotyped as being traffickers and not victims of trafficking, even within organizations dealing with trafficking issues. This meeting aims to break down such prejudices and to raise awareness of trafficking within Roma communities," said Shivaun Scanlan, Senior Adviser on Anti-Trafficking to the ODIHR. The three-day meeting attracted more than 60 participants from countries including France, Italy, Greece, Spain, Albania, the Czech Republic, Slovakia, Romania, Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Moldova, Serbia. "I hope the regional expert meeting will help involve Roma and their organizations more closely in combating trafficking in human beings within their own communities," said Ambassador Pavel Vacek, head of the Presence. "The OSCE Presence in Albania will continue to support the national efforts against human trafficking with a focus on Roma as a particularly vulnerable group." Published in: Organization for Security and Co-operation in Europe, Press-Release, www.osce.org, accessed 22 September 2006.
Prague Court rules in Favor of Employer in Discrimination Court
Prague Court rules in Favor of Employer in Discrimination Court 9/27/2006 11:46 AM A Prague district court recently rejected a claim by Marie Causevicova, a 51 year old economist, against her former employer, Prazska teplarenska heating utility, that the company practiced unequal treatment in the hiring of a new financial director. Ms. Causevicova claims the position went to a man less qualified than she. She has appealed this case, recognized as the first gender discrimination case in the Czech labor market. Compiled from: Woman loses discrimination case, originally reported on Radio Prague, http://www.radio.cz/en/news/83559#3, September 25, 2006. |
Anti-trafficking and Non-discrimination to Top Agenda of Europe's Largest Human Rights Meeting
WARSAW, 26 September 2006 - Some 900 international experts, government representatives and human rights activists will gather in Warsaw from 2 to 13 October for this year's session of Europe's largest human rights and democratization conference, the OSCE Human Dimension Implementation Meeting. The conference's main organizer is the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) together with the OSCE Chairmanship, held in 2006 by Belgium. Among the opening speakers will be the OSCE Chairman-in-Office, Belgian Foreign Minister Karel De Gucht, the Council of Europe's Human Rights Commissioner Thomas Hammarberg, Poland's Minister of Foreign Affairs Anna Fotyga, as well as OSCE Secretary General Marc Perrin de Brichambaut and ODIHR Director Ambassador Christian Strohal. The two-week meeting will review the progress made by the OSCE's 56 participating States in implementing their commitments in the field of human rights and democratization, including respect for human rights, fundamental freedoms such as freedom of expression and religion, conduct of democratic elections and prevention of torture. Special topics for discussion will include trafficking in human beings, access to justice and promotion of tolerance, non-discrimination and mutual respect and understanding. In addition to the working sessions, some 60 side-events will be held. Most are organized by non-governmental organizations and will address issues such as the human rights situation in certain countries and regions or problems faced by specific groups and national minorities. The ODIHR will use the opportunity to present its Tolerance and Non-Discrimination Information System, which will give access to information on legislation, statistics, reports, specialized institutions and initiatives regarding this issue. A photo exhibition will highlight the situation of Roma and Sinti in the OSCE region. Journalists are invited to attend the opening session, which will begin on Monday, 2 October, at 10:00 in Hotel Victoria, ul. Krolewska, Warsaw. They are also invited to attend the regular working sessions and side events. Interviews with key participants can be arranged upon request. Contacts Urdur Gunnarsdottir ODIHR Spokesperson Public Affairs Unit Aleje Ujazdowskie 19 00-557 Warsaw Poland Tel: +48 22 520 06 00 ext. 4162 +48 603 683 122 (mobile) Fax: +48 22 520 06 05 Urdur.Gunnarsdottir@odihr.pl Published in: Anti-trafficking and non-discrimination to top agenda of Europe's largest human rights meeting, www.osce.org, 26 September 2006.
Amnesty International Releases Report on Domestic Violence in Georgia
AMNESTY INTERNATIONAL PRESS RELEASE
AI Index: EUR 56/012/2006 (Public) News Service No: 243 25 September 2006
Embargo Date: 25 September 2006 00:01 GMT Georgia: Strong political will needed to eradicate domestic violence Tens of thousands of women in Georgia are hit, beaten, raped and in some cases even killed by their husbands or partners, according to a new report by Amnesty International.
"The impact of pervasive, everyday domestic violence is devastating on women, their lives, their health, their work and the well-being of their families," said Anna Sunder-Plassmann, Amnesty International's researcher on Georgia.
The report, Georgia: Thousands suffering in silence. Violence against women in the family outlines past government failure to protect women from further violence, to deal adequately with complaints and to initiate criminal prosecutions. At the same time it calls on the authorities to urgently and effectively implement recent legislation.
“The recent adoption of legislation on domestic violence is an important step forward. The authorities must implement it and make the eradication of domestic violence a priority in their policy on human rights,” Anna Sunder-Plassmann said.
The report includes numerous testimonies of women who have survived domestic violence and who prefer to keep their anonymity for fear of reprisal and social ostracism. Their stories are a catalogue of human rights violations and an illustration of the climate of impunity in which they live.
Nino married when she was 17. Her husband forced her to give up her studies in a music school where she was learning how to play the violin. He forbade her to meet her friends, controlled her every move and never gave her money to spend. As a result of the beatings, which started soon after the marriage, Nino was taken twice to hospital. She never called the police because she was afraid that her husband would beat her more. She could not leave him because she had nowhere to go with her three children and was economically dependent on him. Nino's 20-year ordeal ended when her husband left her for another woman whom he now beats.
A very small percentage of women seek help and justice from violence. Many stay with their partners because they have nowhere else to go and lack financial independence. Complaints to the police have sometimes been left unanswered and are often followed by more beatings by their husbands or partners.
Police and medical personnel often lack the necessary training to identify, correctly register and deal with domestic violence. As a result, victims do not receive the necessary support while the perpetrators remain unpunished.
Domestic law presents a further hurdle to fighting impunity. If a woman sustains serious injuries the state is obliged to open a criminal case. However, with regard to some crimes such as “premeditated infliction of minor damage to health" and “beatings” the state does not initiate prosecutions. The victim has to file a complaint herself in order to obtain justice. Such legislation puts victims of domestic violence at further risk as batterers often pressurize women to drop the case.
“Women should have the opportunity to file complaints but the primary onus should be on the state to initiate criminal prosecutions in cases where there is evidence that a crime has been committed. The victim of domestic violence should be requested to be a witness,” Anna Sunder-Plassmann said.
Beaten at home many women -- who do not have relatives or friends who could provide them and their children with refuge -- have nowhere to go. At the moment, there are only two shelters run by non-governmental organizations (NGOs), which is by far not enough.
“A network of shelters must be set up throughout Georgia as a matter of urgency. Every woman and her children should be provided with a safe space for when she decides to escape from a violent relationship,” Anna Sunder-Plassman said.
"Unless women have constructive options to leave a violent relationship there is a risk that they may opt for extreme solutions such as suicide or killing their tormentor."
In May 2006 the Georgian parliament adopted the country’s first ever law on domestic violence, which was drafted following extensive consultation with NGOs. It introduces a definition of domestic violence into Georgian legislation and provides a legal basis for the issuance of protection and restraint orders. It also stipulated that a national action plan on domestic violence should be approved within four months after the law's publication.
“Strong political will is needed and concerted action must be taken by the authorities to build on the positive momentum created by the adoption of the Law on Domestic Violence,” Anna Sunder-Plassman said.
"Domestic violence is not inevitable and must not be accepted. It is up to the authorities in Georgia to live up to their international obligations to prevent and investigate all acts of violence against women, to hold the perpetrators accountable, and to ensure protection and reparation to the victims."
See: Georgia: Thousands suffering in silence. Violence against women in the family,http://web.amnesty.org/library/index/engeur560092006
Other reports that are part of Amnesty International's Stop Violence against Women campaign include: 14-Point Programme for the Prevention of Domestic Violence: http://web.amnesty.org/engact770122006 Albania - Violence against Women in the Family: "It's not her shame" http://web.amnesty.org/library/index/engeur110022006 France: Violence against women: a matter for the State: http://web.amnesty.org/library/index/engeur210012006 Russian Federation: Nowhere to turn to: Violence against women in the family: http://web.amnesty.org/library/index/engeur460562005 Spain: More than words: Making protection and justice a reality for women who suffer gender based violence in the home: http://web.amnesty.org/library/index/engeur410052005 Turkey: Women confronting family violence: http://web.amnesty.org/library/index/engeur440132004
Public Document **************************************** For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 Amnesty International, 1 Easton St., London WC1X 0DW. web: http://www.amnesty.org
For latest human rights news view http://news.amnesty.org
OSCE Mission Trains Kosovo Protection Corps Officers on Human Rights
PRISTINA, 22 September 2006 - Thirty seven officers of the Kosovo Protection Corps (KPC) received certificates today after completing an OSCE-organized course on human rights.
The three-day event also focused on minority rights and gender issues.
"In light of the ongoing talks on Kosovo's final status, protecting the rights of all communities is of great importance," said Ambassador Werner Wnendt, the Head of the OSCE Mission in Kosovo.
"Being responsible for public safety, the KPC plays an important role in upholding human rights and ensuring actions - both individual and collective - comply with international human rights standards."
The OSCE Mission plays a key role in strengthening institutions in Kosovo.
Human Rights Council Discusses Violence Against Women and Trafficking in Persons
UNITED NATIONS
Press Release |
| HUMAN RIGHTS COUNCIL DISCUSSES VIOLENCE AGAINST WOMEN AND TRAFFICKING IN PERSONS | |
Human Rights Council MORNING 20 September 2006 | Concludes Discussion on Extrajudicial Executions and Internally Displaced Persons
20 September 2006. The Human Rights Council this morning heard presentations by the Special Rapporteur on violence against women, its causes and consequences, and from the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children. The Council also heard concluding statements from the Special Rapporteur on extrajudicial, summary, or arbitrary executions, and the Representative of the Secretary-General on the human rights of internally displaced persons.
Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences, said in the course of 2006, she had conducted missions to Turkey, Sweden and the Netherlands, and was in the process of formulating her findings and recommendations. She had also conducted missions to the Russian Federation, Iran, Mexico, and Afghanistan. In the Russian Federation, the adverse impact of political and economic transition had disproportionately affected women. In Iran, although the principle of equality was enshrined in the Constitution, gender inequality was a salient feature of Iranian society. The high levels of violence against women in Mexico were both a consequence and a symptom of widespread gender discrimination and inequality. The situation for women in Afghanistan remained dramatic, and severe violence against them was all pervasive. Throughout Darfur, a surge in sexual violence continued.
Sigma Huda, Special Rapporteur on the human rights aspects of the victims of trafficking in persons, said all forms of trafficking of persons violated fundamental human rights and presented issues of pressing global concern. While the human rights of women and children were violated in many forms of trafficking, sex trafficking was a particular form of trafficking in which the human rights of women and children were violated because the victims were in fact women and children. That made it important for her to focus on sex trafficking and in particular the role of the prostitute-user in creating demand. Laws and policies that penalized victims of prostitution and trafficking should be condemned. Measures to address demand should ensure that victims of trafficking were neither criminalized not subjected to punitive measures.
Speaking as concerned countries to the reports of violence against women and trafficking in persons were Afghanistan, Iran, Mexico, the Russian Federation, Bosnia and Herzegovina and Lebanon.
Participating in the interactive dialogue were the delegations of Belarus, Argentina, Uruguay, Costa Rica, New Zealand, Chile, Norway, Brazil, Australia, Japan, Finland, Sudan, Canada, Iceland, Morocco, Switzerland, Algeria, Bangladesh, and Thailand.
Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions, responding to the questions and issues that were raised after he presented his reports at the meeting on Tuesday afternoon, said he was greatly reassured by the general tenor of the remarks made, in particular those of the Governments of countries he had visited recently, which had been particularly encouraging, and demonstrated the importance of the dialogue the Council was engaged in.
Walter Kalin, Representative of the Secretary-General on the human rights of internally displaced persons, thanked the delegations for the many positive and encouraging comments on the work he had undertaken during the last year. With reference to how to improve the action of country-teams in the protection of internally displaced persons, the new cluster approach had to be understood as an improved version of the collaborative approach. There also had to be a closer collaboration between Special Procedures and the countries.
Zimbabwe, Philippines, Algeria, Sri Lanka and Georgia exercised their right of reply on the reports on extrajudicial executions and internally displaced persons.
The Council will reconvene at 3 p.m. this afternoon to conclude its discussion with the Special Rapporteurs on violence against women and trafficking in persons. It will then start its discussion on the reports of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment; the Chairperson of the Working Group on Arbitrary Detention; and the Special Rapporteur on the independence of judges and lawyers.
Concluding Statements by Special Procedures on Extrajudicial Executions and Internally Displaced Persons
PHILIP ALSTON, Special Rapporteur on extrajudicial, summary or arbitrary executions, responding to the questions and issues that were raised during the meeting on Tuesday afternoon, said he was greatly reassured by the general tenor of the remarks made, in particular those of the Governments of countries he had visited recently, which had been particularly encouraging, and demonstrated the importance of the dialogue the Council was engaged in. In relation to the draft law on amnesty, there would inevitably be a difference between the position of the general international community in relation to amnesties, and that of individual Governments coming out of conflict situations. The international community as a whole was clearly moving towards a fairly strict approach to the question of amnesty laws. The key factor for a special procedure was effectiveness.
In relation to the comments by Nigeria, the Government was thanked for its very cooperative approach, and there was only issue with the question that had arisen with regards to the crimes of sodomy and adultery, and the explanation offered by the Representative was not a compelling one. The Government was requested to reaffirm its legal obligations and acts in such a way as to ensure conformity on the part of the States. With regards to the Government of Iran, the comment that setting a date for a visit took a long time was appreciated. The only way forward was for a visit that allowed for clarification of the cases that continued to be brought to the Special Rapporteur's attention regarding the execution of juveniles.
With regards to Sri Lanka, which a great number of Governments had focused on, in particular Asian Governments, the Special Rapporteur was pleased that they wished to help resolve the conflict. There was a need for human rights monitoring, ideally with some form of international monitoring mechanism. There was no existing model to be superimposed, and there was a need for an international monitoring arrangement to meet the needs of the people of Sri Lanka. On security, it was a mistake to juxtapose security and human rights - the road to security led through respect for human rights.
WALTER KALIN, Representative of the Secretary-General on the human rights of internally displaced persons, thanked the delegations for the many positive and encouraging comments on the work he had undertaken during the last year. With reference to the Balkans, he was pleased to have heard expressions of commitment to the Sarajevo Process. The Sarajevo Process was key to bring peace to the region, and therefore had to be sped up and translated into action.
On country-related questions, Mr. Kalin said that to be able to secure humanitarian access in Darfur, the Abuja Peace Agreement had to be fully implemented so that there would not be a return to the use of force, and there should also be a strong presence of peacekeeping forces. With reference to the presence of the African Union peacekeeping force, it had a positive impact on the protection of internally displaced persons, but it was insufficient overall. The United Nations peacekeeping forces would play a key role and their deployment should be agreed upon as proposed. On Zimbabwe, the situation had not improved in the last year and the measures undertaken by the Government were insufficient. In Sri Lanka, he agreed that domestic response to a natural disaster during the first 48 hours was of paramount importance, as had also been demonstrated in the response to the earthquake in Pakistan.
On United Nations security measures, a balance had to the struck between the needs of humanitarian workers to have access to the populations in distress and those of the peacekeeping missions.
With reference to how to improve the action of country-teams in the protection of internally displaced persons, the new cluster approach had to be understood as an improved version of the collaborative approach. There also had to be a closer collaboration between special procedures and the countries.
On a question on whether the Guiding Principles would also apply to natural disasters, the answer was affirmative. These Guiding Principles were important to the protection of internally displaced persons and also persons affected by a natural disaster.
Right of Reply
ENOS MAFEMBA (Zimbabwe), in a right to reply, said that yesterday's statement by Finland on Murambatsvina (operation clean up) wanted to bring confusion in the Council. The figures given did not even tally with those in the infamous Tabaijuka Report, which Zimbabwe had rejected as not balanced since it was written at the instigation and assistance of one of the EU Member States with the aim of demonising Zimbabwe. The Representative of Finland did not mention that Zimbabwe was providing decent houses to its people on the acquired farms using its own resources. Nobody in Helsinki would tell Zimbabwe how bad Murambatsvina was without telling how good Garikayi operation was and support the State. Zimbabwe was not a colony and did not want to expose that astounding and astonishing hypocrisy since Zimbabwe was not blind to violations of human rights by those who clamed to be custodians of democratic values. Zimbabwe appreciated that the delegate of Finland was ignorant about the complex nature of the bilateral dispute with a country that because of its weird colonial past in Zimbabwe had no shame hormones when dealing with Zimbabwe.
HENDIK GARCIA (Philippines), in a right of reply, said with regards to a statement made by a non-governmental organization yesterday, the Government of the Philippines was pursuing exercises at the highest levels to pursue incidents of extrajudicial killings. The killings of political activists and journalists had no place in the country or Government, and the President had affirmed this. A special task force had been created to investigate political killings and attacks on journalists. Work was being done to eradicate the root causes of extrajudicial killings and break the cycle of violence once and for all. The President had recently met with Amnesty International to discuss these means. These domestic initiatives should be fully supported, and given the opportunity to make changes and progress.
There was a need to investigate the motives of allegations. It should only be after careful and systematic investigation that such offences be classed as human rights violations. Substantiation of allegations should be done in all cases.
IDRISS JAZAÏRY (Algeria), speaking in a right of reply in response to Mr Alston's comments this morning, said he had referred to the Charter and Peace and National Reconciliation as an amnesty law, despite the public statements by the Head of State saying that the law did not encompass amnesty. Priority should be given to bilateral and lateral diplomacy, before resorting to press releases, which latter should be resorted only to under circumstances which the Human Rights Council should determine in the future. Mr. Alston had not respected diplomatic law and practice and addressed his comments to the appropriate bodies. Special Rapporteurs should not see their task as being above the law.
SARALA FERNANDO (Sri Lanka), in a right to reply, said the Special Rapporteur on extraordinary, summary or arbitrary executions was deliberately trying to confuse the debate on the situation of Sri Lanka. During yesterday's debate, several Asian countries spoke in favour of Sri Lanka and affirmed their solidarity while the Special Rapporteur was attempting to mislead the debate.
TEIMURAZ BAKZADZE (Georgia), speaking in a right of reply, said on the groundless and cynical imputations of the Russian delegation, the latter had not even troubled to read the report of the Special Rapporteur. Yesterday, the situation in Abkhazia and South Ossetia had been addressed, and it would also be addressed in the future.
Reports to be Presented to the Council
A report (E/CN.4/2006/61) entitled The Due Diligence Standard as a Tool for the Elimination of Violence Against Women by Yakin Erturk, Special Rapporteur on violence against women, its causes and consequences, says the failure of international human rights law to adequately reflect and respond to the experiences and needs of women has stimulated much debate on the mainstream application of human rights standards. This has resulted in the transformation of the conventional understanding of human rights and the doctrine of State responsibility. Under the due diligence obligation, States have a duty to take positive action to prevent and protect women from violence, punish perpetuators of violent acts and compensate victims of violence. However, the application of due diligence standard, to date, has tended to be State-centric and limited to responding to violence when it occurs, largely neglecting the obligation to prevent and compensate and the responsibility of non-State actors.
The current challenge in combating violence against women is the implementation of existing human rights standards to ensure that the root causes and consequences of violence against women are tackled at all levels from the home to the transnational arena. The multiplicity of forms of violence against women as well as the fact that this violence frequently occurs at the intersection of different types of discrimination makes the adoption of multifaceted strategies to effectively prevent and combat this violence a necessity. In this regard, the potential of the due diligence standard is explored at different levels of intervention: individual women, the community, the State and the transnational level. At each level, recommendations for relevant actors are highlighted. The report concludes that if we continue to push the boundaries of due diligence in demanding the full compliance of States with international law, including to address the root causes of violence against women and to hold non-State actors accountable for their acts of violence, then we will move towards a conception of human rights that meets our aspirations for a just world free of violence.
An addendum to the above report (E/CN.4/2006/61/Add.1) contains, on a country-by-country basis, summaries of general and individual allegations, as well as urgent appeals transmitted to Governments between 1 January and 31 December 2005, as well as replies received during the same period. Observations made by the Special Rapporteur have also been included where applicable. An addendum to the above report (E/CN.4/2006/61/Add.2) contains an account of the Special Rapporteur's mission to the Russian Federation. An addendum to the above report (E/CN.4/2006/61/Add.3) contains an account of the Special Rapporteur's mission to the Islamic Republic of Iran. An addendum to the above report (E/CN.4/2006/61/Add.4) contains an account of the Special Rapporteur's mission to Mexico. An addendum to the above report (E/CN.4/2006/61/Add.5) contains an account of the Special Rapporteur's mission to Afghanistan.
The Council also has before it the report of the Special Rapporteur on The Human Rights Aspects of the Victims of Trafficking in Persons, Especially Women and Children, Sigma Huda (E/CN.4/2006/62, Add.1, Add.2 and Add.3) for its consideration. The report is submitted in accordance with Commission on Human Rights decision 2004/110 and covers the period January-December 2005. The addenda to the report are a summary of cases transmitted to Governments and replies, as well as the Special Rapporteur's missions to Bosnia and Herzegovina and Lebanon. The main report is divided into three sections and outlines the Rapporteur's activities during the reporting period, while section two and three are devoted to thematic study on the relationship between trafficking and the demand for commercial sexual exploitation and conclusions and recommendations. Among the recommendations were human rights approach to trafficking; and criminalizing the use of prostituted persons. Information, education and advocacy campaigns against trafficking have also been recommended by the Rapporteur.
Presentation of Reports by Special Procedures
YAKIN ERTURK, Special Rapporteur on violence against women, its causes and consequences, said it was a firmly established principle of international law that States had a duty to take positive action to prevent and protect women from violence, to punish perpetrators and to assure compensation for victims, and failure to do so constituted a breach of international law. The application of the due diligence standard had tended to be limited to responding to violence when it occurred, largely neglecting the obligation to proactively prevent violence. This included the duty to address the root causes of violence, namely unequal power structures and gender-based discrimination in all its shapes and forms. A State, therefore, could not be said to live up to the full range of its obligations related to violence against women as long as it allowed discriminatory laws and practices to prevail.
States should employ alternative approaches to supplement the human rights discourse in their interventions at the individual and community level and in State apparatuses and the transnational arena. One such alternative approach was the empowerment discourse as engrained in the Beijing Platform for Action, which embraced the progressive realisation of the full range of rights - economic, social, cultural, civil and political. Another effective approach was cultural negotiation, which required a State's active engagement in the promotion and support of a public dialogue aimed at transforming discriminatory values and norms.
In the course of 2006, Ms. Erturk said she had conducted missions to Turkey, Sweden and the Netherlands, and was in the process of formulating her findings and recommendations. She had also conducted missions to the Russian Federation, Iran, Mexico, and Afghanistan. In the Russian Federation, the adverse impact of political and economic transition had disproportionately affected women. In Iran, although the principle of equality was enshrined in the Constitution, gender inequality was a salient feature of Iranian society. The high levels of violence against women in Mexico were both a consequence and a symptom of widespread gender discrimination and inequality. The situation for women in Afghanistan remained dramatic, and severe violence against them was all-pervasive. Throughout Darfur, a surge in sexual violence continued.
SIGMA HUDA, Special Rapporteur on trafficking in person, especially women and children, said she continued to receive complaints of cases of trafficking in persons, especially women and children, on the basis of which she transmitted to governments numerous communications. The communications concerned a wide array of issues including trafficking for purposes of commercial sexual exploitation, forced marriage, forced labour, child labour, and exploitation of children in armed conflict. Communications also addressed disappearances of children, contemporary forms of slavery and systematic sexual violence perpetrated by States or armed non-state actors. A number of communications also addressed factors that caused or exacerbated trafficking in persons such as inadequate legislation, law enforcement gaps, corruption, refoulement despite a well-founded fear of torture or persecution, discrimination on the basis of gender, race or social status, poverty and lack of access to education.
Speaking on the relationship between trafficking and the demand for commercial sexual exploitation, the Special Rapporteur said all forms of trafficking of persons violated fundamental human rights and presented issues of pressing global concern. While the human rights of women and children were violated in many forms of trafficking, sex trafficking was a particular form of trafficking in which the human rights of women and children were violated because the victims were in fact women and children. That made it important for her to focus on sex trafficking and in particular the role of the prostitute-user in creating demand. It should also be noted that the prostitute used was simultaneously both demand creator and virtue of the receipt of the trafficked person, a part of the trafficking chain. Moreover, the demand for commercial sex was often further grounded in social power disparities of race, nationality, caste and colour. The laws and policies that penalized victims of prostitutions and trafficking should be condemned. Measures to address demand should ensure that victims of trafficking were neither criminalized not subjected to punitive measures.
Ms. Huda said she had conducted country missions to Bosnia and Herzegovina and Lebanon in 2005. In Bosnia and Herzegovina, despite major positive changes having been made to the laws and the institutional settings dealing with trafficking, weaknesses persisted. Increased attention had to be paid to the emerging phenomenon of internal trafficking and the mechanisms in place to combat trafficking and protect the persons involved had to be reviewed and adapted so as to ensure that they properly covered nationals. In Lebanon, her visit had allowed her to confirm that despite some progress and a clear willingness from the authorities to address the problems of trafficking and the human rights issues tightly linked to this, the Government was still not fully meeting international obligations with regard to trafficking in persons. She had four broad recommendations for the Lebanese authorities, including that they should adopt legal reforms to criminalize all forms of trafficking and strengthen the labour law framework, and that they should assure an effective prosecution of acts of trafficking and related crimes.
Statements by Concerned Countries
ASSAD OMER (Afghanistan), speaking as a concerned country, said that Afghanistan was in reconstruction after more than 20 years of war, and 5 years in the dark. The Special Rapporteur's report showed that Afghanistan was still far from realising the goals which the country was striving to attain. Notwithstanding this, the Constitution contained an explicit reference to the Universal Declaration on Human Rights, and out of the 249 deputies to the national Parliament, there were 70 women, which made up 27 per cent of the entire number. The issue of women was one of the priorities in the policy of development which was in place in the country.
Afghanistan could not ignore that women were the first victims of insecurity, poverty, malnutrition and the high figures of maternal mortality. Facing up to growing insecurity due to terrorist attacks coming from outside, the country still managed, with international aid, to encourage women to take once more the place that was owed them in Afghan society. Since the liberation of the country, the percentage of school attendance for young girls kept on growing, and this growth was visible both in urban and in rural areas.
ALI REZA MOAYERI (Iran), speaking as a concerned country, expressed appreciation for the visit of Professor Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences. Iran hoped that that visit paved the way for a better understanding of the situation and contributed to the advancement of the rights of women in Iran. Positive trends and an ever deepening insight on the rights of women in Iran would only be strengthened, and consolidated by a fair, realistic and forward looking attitude on the part of the international human rights mechanisms. A great deal of discussion and debate at the international level had been and was still addressing the issue of women's status in present day Iranian society; however, only a few among them had been able to avoid painting a grim picture of the situation of the women in Iran. It was in that context the role of the Special Rapporteur became essential as an impartial arbiter to open a window to the United Nations human rights system to show what Iranian women had achieved over the last couple of decades, by way of strength, optimism and courage and what challenges lay ahead to overcome and go forward. On the substance of the report, Iran said that no one could claim to be perfect. Wiping out all positive steps by allegations such as continuing reports of violations of women's human rights, the high rate of unemployment for women, restriction of political activities and the like, downgraded the report to a political statement. Unemployment was a national economic problem targeting men and women alike. When women set up their NGOs, became members of parliament, were assigned to high ranking official posts such as vice-president, launched their campaign for their rights and so on, allegations on restriction on political activities for women became difficult to understand.
PABLO MACEDO (Mexico), speaking as a concerned country, said that the Special Rapporteur on violence against women, its cause and consequences had visited Mexico and the Government had collaborated in her work. Mexico had undertaken many efforts for the promotion and protection of women's rights in the society. A series of measures had also been taken against violence perpetrated on women. Mexico also recognized that much remained to be done in order to prevent violence in the society. As the Special Rapporteur indicated, still there was room for improvement. After assessing the recommendations of the Rapporeteur, the Government would continue to further take measures to improve the situation of women in the country and reduce the rate of violence.
A Special Procurator's office had been established to deal with gender-related violence. Such offices would also be extended in all areas in order to deal with violence. The specialized office had presented its report in which homicide cases involving women had been included. Information and statistical data had been collected by the office referring cases of murders in Chiwawa. In August this year, the national institute for indigenous development had also been involved in dealing with cases of violence against women. The Government believed that change in public attitude was essential to bring a real change in the society with regard to violence against women.
VALERY LOSHCHININ (Russian Federation), speaking as a concerned country, said on the report of the Special Rapporteur on violence against women, when the Russian Federation had invited her, it had counted on an objective analysis of the situation in respect of women's rights, including the prevention and prosecution of violence. During her visit, the Special Rapporteur had been provided with an opportunity to communicate with regional authorities, women's and non-governmental organizations, and officials had provided information and answered questions. However, the report was politicised and not impartial - it gave the impression that there was a State policy of violence against women, which was occurring against a background of prevailing insecurity at large. Those familiar with the contemporary reality in Russia and the role of women in society could not accept these affirmations.
Women were the greater part of the population of the country, and almost half of the working resources. They were actively moving into new areas of entrepreneurship, and were 70 per cent of State civil servants, 60 per cent of the overall number of judges at all levels, and the number of women entering the armed forces and the forces of law and order were constantly growing. Such a State could not be conducting a deliberate policy of discrimination and violence against the majority of the population. If such were the case, then the Russian Federation would not be seeing the situation of economic growth and other advances that it was seeing today. There were problems, and there were crimes of violence, and disfavoured families where women and children were subjected to violence. There was no one single recipe to resolve these issues. The recommendations addressed to the Government on the basis of unreliable information could not be accepted. The mandate of the Special Rapporteur should be substantially changed and corrected.
SAMIR RIZVO (Bosnia and Herzegovina), speaking as a concerned country, thanked Sigma Huda, the Special Rapporteur on trafficking in persons, especially women and children, for the visit to Bosnia and Herzegovina and for today's presentation of her report. Bosnia and Herzegovina thanked the Special Rapporteur for having stated in her conclusions that since the emergence of the phenomenon of trafficking in persons, the Government of Bosnia and Herzegovina had spared no effort in combating it. Bosnia and Herzegovina was glad that it had been recognized by the Special Rapporteur that the situation in the areas of prevention and suppression of trafficking in Bosnia and Herzegovina had changed substantially since the adoption of the National Plan of Action. A large number of foreign women who were illegally in Bosnia and Herzegovina had left, many bars were closed, and several persons involved in trafficking were serving prison sentences. Major changes had occurred in the legislation and the institutional setting to deal with trafficking, law enforcement, border control, identification of and assistance of victims and prosecution of perpetrators. Bosnia and Herzegovina fully agreed with the Special Rapporteur's conclusion that, however, weaknesses persisted in all of these areas and that efforts must continue to achieve further progress towards breaking the trafficking cycle.
GEBRAN SOUFAN (Lebanon), speaking as a concerned country with regard to the mission of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, said the Lebanese Government welcomed the visit of the expert and acknowledged the need to continue to address the issue of human trafficking, mainly concerning domestic migrant workers and any other abuse to workers. The recommendations of the Rapporteur were a guiding framework to the Government and civil society on how to better prevent and combat trafficking and protect trafficked persons. The Ministry of Justice was keen to thanking her as well as the Office of the High Commissioner for Human Rights for the efforts deployed to prepare a report which reflected the appropriate initiative to assist Lebanon as well as the international community. Trafficking in children was not an issue in Lebanon. The root causes of human trafficking should be addressed in the transit, destination countries, and also in the sending States.
Interactive Discussion
SERGEI ALEINIK (Belarus) said the mandate of the Special Rapporteur on trafficking had been created fairly recently, but the report contained clear areas for future work. The intention to pay heightened attention to the issue of demand was appreciated, as this was an important issue, and the combat against trafficking had not yet been reacted to fully by the international community. During her action to carry out her mandate, the Special Rapporteur should enjoy a degree of support from the Council and the High Commissioner's Office.
The Government of Belarus was working actively with the thematic procedures with the aim of improving the national legislative system. The Special Rapporteur on trafficking had been sent an official invitation to visit, and it was hoped this would soon took place, and she would learn about the efforts made in the country to counter trafficking, and make suggestions in this regard, and it was hoped this would include elements on regional cooperation.
SERGIO CERDA (Argentina) thanked Sigma Huda, the Special Rapporteur on trafficking, for her report and encouraged her to continue her work along those lines. Argentina also praised the excellent recommendations contained in the report. It agreed with the inclusion of the theme of supervision, and also stated that the issue of sexual tourism was a broad one and had to be tackled in conjunction with the other issues dealt with in her report. Lastly, Argentina said that it was important to identify best practices, and also interact with the Committee on the Rights of the Child.
ALEJANDRA DE BELLIS (Uruguay), referring to the report on violence against women, said Uruguay shared the aspects reflected in the report. The Special Rapporteur had stressed the lack of insufficiency in legislation and measures to protect women. However, there were no resources made available to effectively protect women from violence. Could the Rapporteur explain from the point of view of good practice how to effectively protect women in the event of scarce resources.
LUIS VARELA QUIROS (Costa Rica) said on the report on trafficking, Ms. Huda was thanked for the straightforward way in which she dealt with this sensitive theme. Costa Rica was concerned for the sexual exploitation of children, and had implemented programmes to protect children, and all violations of rights were reported. Costa Rica's heritage of boys and girls was the future of the country, and this was why it attached high value to them. What measures should be adopted by the international community to ensure that the Internet was not used by offenders to engage in activity related to the mistreatment of children, the speaker asked the Special Rapporteur.
MILINDA HILL (New Zealand) said that the mandate of the Special Rapporteur on violence against women was one of the most important mandates for New Zealand. New Zealand had commented on the concept of exercising due diligence in the prevention, investigation and punishment of violence against women in such a dialogue two years ago. Ms. Erturk's report to the Council this year provided a very comprehensive answer. As her report made clear, due diligence in this context was an international human right. But States would continue to require guidance about how to implement this standard because of the potential scope of the concept and the role of non-state actors. New Zealand considered Ms. Erturk's advice an invaluable resource, especially as they moved to consideration of the Secretary-General's comprehensive report and the new debate at the General Assembly.
PATRICIO UTRERAS (Chile), with regard to the report on trafficking in persons, said that report contained valuable information on the issue. Trafficking in persons was an alarming phenomenon and had become the third most powerful trade next to drug and arms trafficking. It used women and children for prostitution. In Chile, that phenomenon had started to emerge, however, the Government was taking appropriate measures to combat it. It was essential that States should taken actions in order to penalize the traffickers and protect the victims.
ASTRID HELLE AJAMAY (Norway) said the Special Rapporteur and the Secretary-General's Representative were thanked for their reports, and the two mandates were very important. The reports took up important aspects with regards to the protection of human rights. It was important to focus on sex-trafficking and the role of the user in creating demand. There was a fine line between the sex industry and trafficking in human beings. Criminal sanctions relating to the sex industry should not be used to penalise the victims. On the relationship between the mandate of the Special Rapporteur on trafficking and that of the Special Rapporteur on child prostitution and child pornography, how could this be strengthened to bring a halt to trafficking in children, the speaker asked.
MAGALI NAVES (Brazil) congratulated both Special Rapporteurs for their reports. First, with reference to Ms. Huda's report, Brazil had ratified in March 2004 the International Convention Against Transnational Organized Crime and its two Protocols. The adoption of those instruments was a legal milestone. The Special Secretariat of the Presidency of the Republic on Human Rights and the Ministry of Justice were the entities mainly responsible for combating trafficking in women and girls. In 2004, Brazil, together with MERCOSUR countries, launched a campaign to alert the public opinion against the crime of trafficking in persons and to denounce the perpetrators. In the social area, Brazil had also taken measures to facilitate the access of women and girls to education, health and to the labour market to prevent prostitution. The fight against trafficking in women and girls would only be successful if governments combined judicial and repressive actions with investments in the social area, which were the main causes of prostitution.
GUY O'BRIEN (Australia) welcomed the report of the Special Rapporteur on violence against women and its consequences on the due diligence standard as a tool for eliminating gender-based violence. The report raised the bar on the issue and focused on the implementation challenges that the international community was faced in addressing gender-based violence. The report mentioned that the response to violence against women had been fragmented and treated in isolation from the wider concern for women's rights and equality due to narrow interpretation and application of human rights law. The Rapporteur had noted the potential of the due diligence standard and suggested two options for how States could or should implement their obligation to exercise due diligence in eliminating violence against women. Could the Rapporteur elaborate on those options, and provide examples so as to show how States could implement either one?
SHIGERU ENDO (Japan) said trafficking in persons was a grave violation of human rights, and with globalisation and the widening in the economic gap, human trafficking had become a growing threat, and the international community should cooperate to implement measures against it. The issue of the demand for commercial sexual exploitation was crucial in protecting the rights of human beings. Japan had amended its penal code to punish prostitute-users and those in the trafficking business. It had also taken legal measures to protect trafficked users. Japan believed any counter-trafficking measures could not be successfully achieved without cooperation between countries of origin and destination, and had dispatched officials to those States to counter trafficking.
KIRSTI POHJANKUKKA (Finland), speaking on behalf of the European Union, said the analysis in the report of the way in which control over women's sexuality was at the heart of political and cultural justifications for violence against women, and noted the concern over violence directed against women on the grounds of their sexuality and gender identity, and asked for the Special Rapporteur's suggestions on how the international community could better address these concerns. How had the Independent Afghan Commission's report been received, the speaker asked. The report of Ms. Huda contained a clear analysis of the causes of trafficking, and of the influence of demand on this phenomenon. What were the most efficient means of reducing trafficking, and how should the demand for trafficked persons be addressed at the national level, she asked.
ATTIAT MUSTAFA (Sudan), referring to the report of the Special Rapporteur on violence against women, asked why she specifically mentioned the situation in Darfur while ignoring violence that was taking in other regions. The Government had created units, including in Darfur, to work on gender-based violence. Those who committed crimes of rape or other violence had so far been prosecuted. A plan of action at the national level had been developed to identify the perpetrators and to punish them, while assisting the victims, including medical treatment.
TERRY CORMIER (Canada) asked how did Ms. Erturk see her work being affected by the Study of the Secretary-General on violence against children which would be launched on October 9.
EDDA MAGNUS (Iceland) said full compliance and global adherence to international human rights law was of utmost importance, and it was essential for each and every Government to address violence against women on its own doorstep. It would be interesting to receive more information regarding violence committed against honour, and how extensive this problem was, where problems lay, and what were the possible measures to be taken by the international community.
MOHAMMED LOULICHKI (Morocco) said that the elimination of violence against women was a goal to be pursued by all States. The elimination of such violence was part of the efforts to further the emancipation of women. In that respect, it was paramount to implement to Beijing Plan of Action as well as the Millennium Development Goals. Morocco had taken a number of steps towards the elimination of violence against women, such as the creation of a new family code, the royal decree granting citizenship to children born from non-Moroccan fathers and Moroccan mothers, the establishment of shelters for women victims of violence, a toll-free phone line to assist women, as well as the support of NGOs dealing with violence against women. Morocco encouraged the international community to continue strengthening the partnership between civil society and governments to combat this scourge.
JEAN-DANIEL VIGNY (Switzerland) asked the Special Rapporteur on violence against women if more States were using the notion of due diligence in order to consolidate the fundamental rights of women. What measures should be taken in order that more States use the notion? With regard to trafficking in persons, the human rights of women should be the main focus when looking at strategies to combat human trafficking. He asked the Special Rapporteur on trafficking in women and children, how the Rapporteur would assess the risk of pushing prostitution out of sight and making sex workers and victims of trafficking even more vulnerable to human rights abuses by criminalizing prostitution. Did the criminalization of prostitution, as a strategy in combating human trafficking, serve the best human rights of women?
JUNEVER MAHILUM WEST (Philippines) said the two Special Rapporteurs were commended for their reports and for their extensive and thought-provoking work. Both were important mandates. On trafficking, the recommendations were supported, and the human rights of the victims should always be upheld, and it would be an injustice to put the future responsibility of trafficking on the victims. The Special Rapporteur could include assessment of national measures in her future work to compile a list of best practices.
IDRISS JAZAÏRY (Algeria) said the elimination of violence against women was part of the promotion of women's rights overall, and Algeria had amended its family code to give priority to women in certain realms, including divorce law and access to the family code, and sexual harassment had been criminalized. Algeria regretted it had not received the Special Rapporteur this year, and looked forward to doing so next year. Women had been the particular victims of violence during terrorist acts in the 1990s. The penal code condemned all violence, including against women and in the family. Sanctions were published in the media to increase awareness in society, and the Ministry for Women organised days of study to promote heightened awareness.
MARINA KORUNOVA (Russian Federation) praised the report of the Special Rapporteur on trafficking in persons for having rightly focused in the discussion on the question of trafficking, especially women and children, as a question that required combating demand, as it was demand that was one of the sources of trafficking. In addition, the Russian Federation focused on the need to get rid of the social causes that gave place to prostitution and encouraged trafficking. It was also important to address labour conditions that required cheap labour, and combat crime networks involved in trafficking.
MUSTAFISUR RAHMAN (Bangladesh), referring to the report on trafficking on women and children, said that the Special Rapporteur should give further thought on the issue of demand for prostitutes, which she had already dealt with.
AMNART NETAYASUPHA (Thailand) said the two reports were very interesting and constructive. Great importance was attached to the empowerment of women and the creation of equal treatment between the sexes. The Government of Thailand was drafting an Act aimed at reducing violence against women and improving their situation. Thailand was in the process of drafting an Act on Trafficking in Human Beings, and was implicated in combating this phenomenon in Asia. Thailand invited Ms. Huda to visit the country early next year.
CORRIGENDA
In press release HR/HRC/06/39 of 19 September, the statement by Fabio Burrafato of the International League for the Rights and Liberation of Peoples, should read as follows:
FABIO BURRAFATO, of International League for the Rights and Liberation of Peoples, in a joint statement with Mouvement contre le racisme et pour l'amitié entre les peoples (MRAP) and Europe-Third World Centre, said that Turkey pretended that Kurds were considered as equal citizens. However, in practice, there was a contradictory picture. The most underdeveloped region of Turkey was the region where Kurds lived. That region was deprived of any economic undertakings that could benefit the people. The Turkish security forces were very quick in finding criminals, however, the Government had not shown the same readiness in the cases of Kurds killed by unknown state agents who continued to kill.
In press release HR/HRC/06/39 of 19 September, the statement by John Fisher of Canadian HIV/AIDS Legal Network should read as follows:
JOHN FISHER, of Canadian HIV/AIDS Legal Network, commended the report of Mr. Alston, particularly with reference to having affirmed in strong terms the condemnation of the killing of lesbians and gays. A Member State had stated earlier during the discussions that the killings of people on account of their sexual and gender orientation was "appropriate and acceptable." Whenever a State was involved in such serious violations, it demanded swift condemnation. The Network requested further information from the Special Rapporteur concerning his reference to the execution of people in Iran based on their sexual orientation, an issue on which he had not yet received information from the Government of Iran.Published by the United Nations, available http://www.unhchr.ch/huricane/huricane.nsf/view01/30DF7CCEFB275297C12571EF00568A73?opendocument
Asia Pacific NGO Consultation with the UN Special Rapporteur on Violence Against Women
20 September 2006. 35 women from 22 countries around the region, including Afghanistan, Australia, Bangladesh, Burma, China, Cook Islands, Fiji, India, Iran, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Korea, Mongolia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand, Turkey, Russia, gathered in Ulaanbaatar, Mongolia on 11 -12 September to dialogue with the UN Special Rapporteur on Violence Against Women (UNSRVAW), Dr Yakin Erturk, on the topic of “Culture and Violence Against Women in Asia Pacific”. The focus of this year’s Consultation on “Culture and VAW” responded to the theme of the elected topic of the UNSRVAW’s next annual report to the Human Rights Council (2007). It also reflected APWLD’s own articulation of ‘culture’ as a critical issue necessary to deepen our understanding and approach to women’s human rights and in addressing violence against women in the Asia Pacific region. The Consultation provided an opportunity for women’s groups from the Asia Pacific region to inform the Special Rapporteur of the critical issues relating to Culture and VAW in the region as well as inform the Special Rapporteur’s articulation of the scope of women’s rights based on the local and national experiences of women in Asia Pacific. Specifically it aimed to understand and articulate how despite the fluidity and contestability of cultural norms, oppressive elements of culture (which invariable reflect and reinforce patriarchal power relations) gain dominant representation. The Consultation sought to strategise how a women’s human rights agenda can be advanced in this context, providing effective strategies for both the women’s movement in Asia Pacific and for the UNSRVAW for inclusion in her recommendations for States and other actors. The first day of the Consultation aimed to map the inter-linkages between culture and violations of women’s human rights in Asia Pacific. It began by shaping a more nuanced understanding of culture distinguishing culture from religion and understanding culture as a system of assigned meanings which are dynamic and fluid. The discussions stressed the importance of going beyond identifying bad cultural practices and instead trying to understand culture as a whole. Culture is about structures of power. It has been used a political tool and therefore as a tool for exclusion, and for a process of ‘othering’. One of the main challenges we face is to not start identifying bad and good parts of culture but reframe the way we talk about culture to reflect the roles of women as the movers and shapers of culture. Different ways of reframing and reformulating the discourse on culture should include: not falling into the trap of essentialising culture but rather recognising its fluidity and diversity; not dichotomizing group rights and individual rights but instead recognizing that individual rights are necessary in establishing rules and ordering within collectives; recognising women as the agents of culture and challengers of patriarchy rather than victims of culture; further, we need to create a third space for women outside of this dichotomy (binary). The discussions also stressed the importance of remembering and addressing the consequences of carrying this out. As we challenge our cultures from within (as women human right defenders) we face serious risks, including the risk of silencing. The responsibility of the movement includes building a solidarity network. The second day of the Consultation focused on strategies for addressing harmful cultural paradigms through engaging with international, state and non-state actors as well as through adopting strategies/approaches within own organisations and movements. The discussions built on the understandings/approaches which emerged from the first day particularly for the support for the on-going efforts of women themselves to “negotiate their identities” within their cultures and communities. Some specific presentations were given of strategies to address culture and violence against women through law, through community engagement and through engaging with community, particularly traditional leaders of communities. This was followed by a session aimed at articulating strategies/recommendations for the UN Special Rapporteur’s report, for our organisations and for the movement. A comprehensive report of the Consultation is currently being prepared and will be available on 1 November 2006. The Consultation was organised by Asia Pacific Forum on Women, Law and Development (APWLD) in collaboration with National Centre Against Violence Mongolia (NCAV). For further information please contact Lisa Pusey at lisa@apwld.org Published at Women's UN Report Network news, http://www.wunrn.com/news/news.htm; report from APWLD, http://www.apwld.org/ngo_consultation_dr_yakin.htm.
The Organization for Security and Co-operation in Europe Boosts NGO Network to Fight Human Trafficking in South Kyrgyzstan and Neighboring Countries
OSH, Kyrgyzstan, 22 September 2006 - The OSCE Field Office in Osh has established an NGO network in the Ferghana Valley to fight against human trafficking.
The network will strengthen co-operation with government and international institutions, help monitor trafficking cases, and implement awareness-raising initiatives on a regional level. It will have a unified electronic database that will in the future be linked to other databases on trafficking in the CIS and Eastern Europe.
"This is a unique opportunity for NGOs to address regional and Trans boundary aspects of trafficking trends in the region," said Jerome Bouyjou, Head of the OSCE Field Office. "These NGOs should be further empowered to become true actors in the fight against human trafficking. We are committed to support the network and its activities in the future."
The new network was set up at an OSCE-organized two-day regional workshop that ended today. It was part of an OSCE-funded project "Multifaceted approaches to address the challenges of trafficking in human beings," which also supports research on human trafficking in southern Kyrgyzstan, the creation of "hotlines" for potential victims, information campaigns at the grass-root level and the training of lawyers and police officers.
Participants at the workshop, which featured experts from OSCE's Office for Democratic Institutions and Human Rights, also discussed international laws and mechanisms used to combat trafficking, ways of protecting the rights of victims of trafficking and their rehabilitation and reintegration into society.
Published in: Organization for Security and Co-operation in Europe, Press-Release, www.osce.org, accessed 22 September 2006.
Working with the Media on Gender Equity in Education
Oxfam recently released a guide for activists, organizations and coallitions that advocate for gender equity in education on how to work effectively with the media as well as provide training tools for educating other advocates on promoting gender equity and education through media tools.
Oxfam's education project, Beyond Access: Gender Education and Development, produced the guide as a result of two workshops on "Gender, Education and the Media," held in Nairobi, Kenya and Dhaka, Bangladesh. The guide developed out of participants' desire to have a shared understanding of gender equity and education as well as provide them with additional instruments and skills to improve their ability to use the media as a tool to advocate for gender equity and education.
The guide is broken up into six sections, each containing and overview and training materials. They include: Education Campaigning, Challenges and Campaign Issues, Thinking about Gender in Education, Advpcating for Gender Equality, Education and Gender in the Media and Working with the Media.
Compiled from: Working with the Media on Gender and Education: A Guide for Training and Planning, developed by Amy North, David Aduda, Adiwo Obondoh, Lutfer Rahman, Shamima Pervin, (PDF, 44 pages).
Organization for Security and Co-operation in Europe Project Co-ordinator Helps Train Ukrainian Prosecutors to Combat Human Trafficking
KYIV, 19 September 2006 - Twenty Ukrainian prosecutors are taking part in a training course this week in Kyiv on combating trafficking in human beings. The course was organized by the OSCE Project Co-ordinator in Ukraine and the country's Academy of Prosecutors. Experts from the United Nations Office on Drugs and Crime, the Public Prosecution Service in Poland, as well as from Ukraine's Supreme Court, Interior Ministry and NGOs, will help discuss the current anti-trafficking legislation, ways of helping victims of trafficking, local and international co-operation in the field, co-operation between law enforcement bodies and civil society, and the role organized crime plays in trafficking.
Discussions will also focus on witness protection measures, the use of closed-door hearings in trafficking cases, and the creation of an informal network of specialized prosecutors on human trafficking in Ukraine.
After completing the five-day course, participants will be able to use their new skills and the methodology learned to train their colleagues.
The course was financed by contributions from the Governments of Austria and France. Published in: Organization for Security and Co-operation in Europe, Press-Releases, www.osce.org, 22 September 2006.
Report on Special Procedures of UN Commission on Human Rights
Mandate holders of Special Procedures met during the first session of the Human Rights Council (HRC) in Geneva from June 19 to 23, 2006 to discuss the role of members, in particular the Coordination Committee, in its support of the HRC and revisions of the Manual on Special Procedures. During the meeting, mandate holders stressed the importance of the Special Procedures system and its relationship with the Commission as central to the international human rights system, as well as the importance of its members being non-partisan participants in monitoring human rights. Mandate holders stressed the importance of cooperation and coordination with the HRC in implementing recommendations submitted to States by Special Procedures mechanisms. The meeting resulted in a report that describes current activities by mandate holders, feedback and suggestions from NGOs and regional and national human rights institutions on human rights areas in need of current attention, a presentation from the office of the Secretary General on Children in Armed Conflict, and a meeting with the Office of the High Commissioner on Human Rights outlining the Office of the High Commissioner on Human Rights Strategic Plan. Compiled from: Report of the United Nations High Commissioner for Human Rights and Follow-up to the World Conference on Human Rights Effective Functioning of Human Rights Mechanisms (unedited version), Note by the UN High Commissioner for Human Rights (PDF, 31 pages).
Torture and Ill-treatment by State Agents Resulting in End of Pregnancy/Police Surveillance
Case KGZ 120906.VAW VIOLENCE AGAINST WOMEN Torture and ill-treatment by State agents resulting in end of pregnancy/ Police surveillance The International Secretariat of OMCT requests your URGENT intervention concerning the following situation in Kyrgyzstan. Brief description of the situation: The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the SOS-Torture network, about the torture and ill-treatment of Ms. Rukiya Ibragimova while in police custody, in Jalal-Abad, Kyrgyzstan. According to the information received, Ms. Rukiya Ibragimova, 20 years old and 10 weeks pregnant, was arrested on 20 July 2006 at the Isolation Ward of Temporary Allowance (IVS) of Jalal-Abad. She was reportedly beaten by a policeman, Kubanychbek Torobaev, chief of the Regional Department of Internal Affairs, in order to force her to denounce her husband, Mr. Djamaliddin Abderashitov. He is suspected of involvement with an extremist organisation called “Islamic movements of Uzbekistan”. Ms. Ibragimova was subsequently taken to the Kyzyl-Jarsk psychiatric hospital, where she was once again severely beaten on the 26 August 2006 by Kubanychbek Torobaev. She was immediately transferred to the gynaecologic department of the Tash-Kumyr city hospital. There, the doctors certified that her foetus was dead. Ms. Rukiya Ibragimova is now at the Kyzyl-Jarsk hospital under police surveillance and suspected of “concealment of criminals”. It is worth noting that her husband, Mr. Djamaliddin Abderashitov, surrendered to the police immediately after he learned that his wife had been tortured. OMCT is seriously concerned about these facts and urges the Kyrgyz authorities to "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons" in accordance with article 4(c) of the Declaration on the Elimination of Violence against Women. Requested action: Please write to the authorities in Kyrgyzstan urging them to: i. Ensure Ms. Rukiya Ibragimova's physical and psychological integrity, including her access to adequate medical treatment; ii. Order her immediate release in the absence of valid charges, and if such charges exist, ensure that she is given a prompt and fair trial, in which her procedural rights are guaranteed at all times; iii. Carry out a prompt, thorough and impartial investigation into the ill-treatment of Ms. Rukiya Ibragimova in order to identify all those responsible and to bring them to justice and apply the penal and/or administrative sanctions as provided by law; iv. More generally, ensure women the right to be free from discrimination, including violence, in line with international law and standards; v. Guarantee the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards. Addresses: · Mr. Bakiev Kurmanbek Salievich, President of the Kyrgyz Republic, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su · Mr. Kulov Felix Sharshenbaevich, Vice Prime Minister, Fax: 996 312 218 627 · Mr. Marat Sutalinov, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788 · Mr. Mamyrov Erkin, Minister of Justice, Fax: 996 312 663 044 / 996 312 65 65 02 · Mr. Azimbek Beknazarov, General Prosecutor of the Kyrgyz Republic, Fax: 996 312 665 411 · Colonel Nurlan Temirbaev, Head of the Oblast Department of Internal Affairs, Jalal-Abad, Fax: +996 3722 503 33 · Mr. Abdibakit Halmurzaev, Oblast Prosecutor's office, Jalal-Abad, Fax: + 996 3722 501 19 · Permanent mission of Kyrgyzstan, Rue Maunoir 26, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax : +41 22 707.92.21 Please also write to the embassies of Kyrgyzstan in your respective country. Geneva, 12 September 2006. Kindly inform us of any action undertaken quoting the code of this appeal in your reply. Published in: Torture and Ill-treatment by State Agents Resulting in End of Pregnancy/ Police Surveillance, OMCT, 12 September 2006.
Imprisoned Turkmen Journalist and Human Rights Defender Dies in Custody
Vienna 14 September 2006. The International Helsinki Federation for Human Rights (IHF) is dismayed at reports that Turkmen journalist and human rights defender Ogulsapar Muradova has died in custody while serving a prison sentence on apparently politically motivated charges.
The circumstances of Muradova’s death remain unclear, but relatives who saw her body earlier today reported that it bore signs of torture, including a large wound on the forehead and strangulation marks on the neck. Security officials insisted that Muradova’s death was natural and rejected a demand by her relatives that the body to be examined by an independent doctor. As of this writing, the body had been handed over to Muradova’s three adult children, while their contacts to the outside world were restricted.
Muradova was arrested in June 2006 together with two other human rights activists and on 25 August she was sentenced to six years in prison for illegal possession of weapons in a closed trial that fell seriously short of international human rights standards. Prior to the trial, Muradova was also accused of engaging in “subversive activities” and distributing “slanderous information” about Turkmenistan and there are credible allegations that she was administered psychopathic drugs in an attempt to force her to “confess” to these accusations. The IHF and other human rights organizations criticized the charges against Muradova and her colleagues as groundless and designed to punish them for their legitimate human rights work and criticism of official policies.(*)
The Turkmen government has a long history of persecuting dissidents and of silencing those who dare to speak out about the widespread human rights violations in the country through intimidation, arbitrary arrest and detention, fabricated charges and torture.
The IHF recalls the responsibility of the Turkmen government for the well-being of those in its custody and urges the Turkmen authorities to conduct a prompt, thorough and impartial investigation into the circumstances of the death of Ogulsapar Muradova. Independent international experts should be invited to participate in the investigation and the results of it should be made public. If the investigation shows that Muradova died as a result of torture and ill-treatment the perpetrators must be brought to justice. For more information: Aaron Rhodes, IHF Executive Director: +43-676635 66 12
New Report Calls on World Leaders to Protect Human Rights of Female Migrants
LONDON/NEW YORK, 6 September 2006 —Today, half of all international migrants—95 million—are women and girls. Yet, despite substantial contributions to both their families at home and communities abroad, the needs of migrant women continue to be overlooked and ignored. This year’s State of World Population report, A Passage to Hope: Women and International Migration, examines the scope and breadth of female migration, the impact of the funds they send home to support families and communities, and their disproportionate vulnerability to trafficking, exploitation and abuse. The report, produced and published every year by UNFPA, the United Nations Population Fund, reveals that although migrant women contribute billions of dollars in cash and services, policymakers continue to disregard both their contributions and their vulnerability—even though female migrants tend to send a much higher proportion of their lower earnings back home than their male counterparts. “This report calls on governments and individuals to recognize and value the contributions of migrant women, and promote and respect their human rights,” says Thoraya Ahmed Obaid, UNFPA Executive Director. “There is an urgent need for stronger cooperation between countries to make migration more safe and fair. And there is a dire need for greater action to address the lack of opportunities and human rights violations that lead many women to migrate in the first place.” The launch of the State of World Population 2006 comes just a week before the High-Level Dialogue on International Migration and Development in New York. This meeting, which will take place at the United Nations from 14 to 15 September, is the first of its kind to bring together the world's governments to discuss the many challenges and benefits of migration. The timing could not be more critical, nor the issues explored in A Passage to Hope: Women and International Migration more complex and pressing. A Passage to Hope shows that although female migration can enhance equality and offer women opportunities simply not available at home, it can also lead to terrible human rights violations—cases of migration gone bad. The human rights violations of trafficked women are well documented. Restrictive immigration policies that limit opportunities to migrate safely and legally fuel the desperation that drives millions of women and girls to entrust their well-being and, in some cases, their very lives to unscrupulous traffickers who misrepresent themselves as legitimate labour recruiters. Today, human trafficking represents the third largest illicit trade after drugs and gun smuggling. Unlike both however, trafficking victims remain an ongoing source of “revenue” to be exploited over and over again until they are too ill too worn out to continue. Many die as a result of their servitude—either as a direct result of violence or from contracting the many diseases including HIV to which they are susceptible. “Although awareness and action against trafficking is growing, there is an urgent need to do more to end this terrible crime and the impunity that goes with it,” says Ms. Obaid. “The report calls for greater cooperation between and within countries to bring traffickers to justice and to provide services and human rights protection for trafficking victims. Today, domestic work remains one of the largest sectors driving international female labour migration. Every year, millions of women migrate from Asia, Latin America and the Caribbean, and increasingly from Africa, to Europe and North America, the Gulf States and the industrializing nations of Asia. However, labour laws rarely protect domestic workers, nor do they permit them to organize. This leaves millions dependent on employers for their continued legal presence in the host country, in addition to housing, food, and wages. The isolated nature of domestic work, coupled with official neglect and a dearth of appropriate labour protections, can relegate domestic workers to virtual slavery. Another manifestation of female migration is the massive outflow of nurses from the developing world to industrialized countries. Ageing populations, coupled with a shortage of nurses and doctors in host countries, is fueling demand, while crumbling health systems and poverty in developing nations is driving supply. The yearly exodus of 20,000 highly qualified nurses and doctors from Africa is worsening an already grave situation for a region ravaged by HIV/AIDS, malaria and high numbers of maternal and child deaths. “Now is the time for vision and leadership on behalf of women migrants,” says Ms. Obaid. “Labour, human rights protections and sound immigration policies can ensure that migration for women is a passage to hope as the title of this year’s State of World Population report suggests.” In addition to the main report, UNFPA is launching Moving Young, a special companion volume that explores the topic of migration through the words of migrant youth. It is a report that brings to life, through first-person accounts, the issues raised in The State of World Population. The youth report is a new initiative that will become, henceforth, a joint annual report. As an organization that also specifically focuses on youth, UNFPA wants to give voice to their dreams, aspirations, challenges and hopes. Published in: New Report Calls on World Leaders to Protect Human Rights of Female Migrants, UN Population Fund, 6 September 2006.
OSCE Office Supports Launch of Armenian Chamber of Advocates Website
YEREVAN, 15 September 2006 - The official website of the Armenian Chamber of Advocates was launched today with support from the OSCE Office in Yerevan.
The website, www.pastaban.am, will ensure everyone who needs qualified legal aid will be able to receive it. Information on the website will be available in Armenian, English and Russian. It will feature legal documents, membership opportunities, links to international and local organizations, contact details of all registered advocates, as well as, public defenders who can provide free legal aid.
"Raising public awareness of the activities of the Armenian Chamber of Advocates will give citizens the opportunity to benefit from professional legal assistance, in line with OSCE commitments and European standards," said Ambassador Vladimir Pryakhin, Head of the OSCE Office.
Ruben Sahakyan, Chairman of the Armenian Chamber of Advocates, added: "The website will serve as a useful tool for informing the public about our activities and enhancing our co-operation with other similar organizations abroad."
The Chamber was established in 2005, and is the only professional legal association in Armenia, currently bringing together 476 advocates and 28 public defenders. Published in: OSCE Office Supports Launch of Armenian Chamber of Advocates Website, Press Release, OSCE, 15 September 2006.
International Helsinki Federation Human Rights Report Now Available in Russian
The Helsinki Federation for Human Rights has issued its annual human rights report in Russian for the first time. The report, which examines human rights violations in thirty-nine of the fifty-five States who are members of OSCE, is also available in English. The reports can be found in both Russian and English here. Compiled from: Introduction to IHF Annual Report On Human Rights Violations, International Helsinki Federation for Human Rights, August 6, 2006; Preface to IHF Annual Report On Human Rights Violations, International Helsinki Federation for Human Rights, August 6, 2006.
Domestic Violence in the Czech Republic
Although it rarely makes news headlines, domestic violence is the most widespread form of violence in the Czech Republic, according to a report released on Wednesday. In 94 percent of cases the victims are women. As many as ten a year die as a result of physical abuse. Thousands suffer in silence - often before the eyes of their children who are powerless to help. Despite hot-lines and support groups it often takes victims years to acknowledge the problem and seek help. Experts and support groups are hoping that a new law which is due to take effect next year will help to prevent many family tragedies. Kamila Veliskova has been sentenced to eight years in jail for manslaughter. She shot her husband dead in a fight that ended years of abuse and psychological terror directed against herself and her two children. Kamila has appealed the verdict and she says that if the new law had come into effect sooner her life might have been different. Dana Pokorna of the battered womens' support group ROSA explains how the new law may help. "The new law should enable the police to expel the abuser from the victim's home for a certain period of time -ten days for a start. At present it is almost always the woman who flees and takes her children with her. Many can't make up their mind to take such a big step. But this law will turn around the situation and improve the victim's circumstances - she will get time alone, in the safety of her own home, in which to make up her mind what to do about the problem or seek advice. A court may extend the period of expulsion to a year - and it makes no difference whether the abuser owns the property or not." A recent poll conducted by the STEM agency suggests that 23 percent of Czechs have experienced physical or psychological abuse at some point in their lives. Experts and support groups fear that the number could actually be much higher. Dana Pokorna from the support group ROSA says it could be twice as high. "Our own work with abuse victims leads us to believe that the number is much higher than these statistics suggest. A sociological survey conducted by the Czech Academy of Sciences and Charles University indicates that 38% of women have at some point in their lives been physically abused by their partners. And we are not talking about isolated incidents here - we are talking about repeated abuse. Of course, many walked away from the abuser or divorced him so that one man could have abused a number of women. But those are the results of the survey. We are approached by about 200 new victims every year so we know that the number of victims must be higher than the STEM statistics suggest." Many people are shocked by the high figure but psychologists and support groups say it is unlikely that the number of abused women has increased sharply. They believe that more are coming out into the open with the problem, more of them are willing to talk about it and they also know where to turn for help - there are now more hotlines and help groups available, which was not the case in the past. Society's attitude to the problem has also changed. While in the past many people considered domestic abuse to be a marginal, private problem that should be resolved in the family - now 84 percent of Czechs say it is a grave problem that needs to be addressed. Some 68 percent of those polled said they welcomed the new law which will afford the victim better protection. So is the high incidence of domestic violence a Czech or east European phenomenon? Dana Pokorna says not. "We can compare the situation in Europe on the basis of the sociological study I mentioned. It was part of an all European survey and the results in Austria, Germany and Hungary were pretty similar - 38 to 40 percent of respondents said they had at some point in their lives been repeatedly physically abused by their partner. "
Concluding Comments on Violence Against Women in Georgia
The United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) concluded its 36th session this August 2006. One of the purposes of CEDAW is to ensure that Member States are complying with and implementing the Convention on the Elimination of All Forms of Discrimination Against Women. Georgia was due to submit its periodic report to CEDAW this year. As a shadow report to Georgia's report, the World Organization Against Torture (OMCT) and the Georgian Young Lawyers' Association (GYLA) submitted their own findings. The NGO report felt that some progress had been made in regard to women's rights in Georgia, but that there is still much work to be done to ensure that all women enjoy the same fundamental rights. The Committee's concluding comments go further, urging Georgia to create a permanent institution that will focus on discrimination against women and promote equality between the sexes. The Committee also urges Georgia to create and implement laws protecting women's rights. Some of the legislation already created has been postponed and some issues have been left out of the laws entirely. The Committee also expresses concerns about human trafficking in Georgia and says that the country should implement a national plan for preventing trafficking in the State. Compiled from: World Organisation Against Torture Press Release, Combating Violence against Women in Georgia: The UN Committee on Women's Rights Reiterates OMCT and GYLA's Concerns, 8 September 2006.
"Taking CEDAW Seriously" Conference Report
A report on the conference “Taking CEDAW Seriously” has been released. This conference took place on 23 March 2006 and was hosted by the Women’s Human Rights Alliance in co-operation with the Irish Centre for Human Rights, NUI Galway, and the Irish Council for Civil Liberties. The conference included many prominent speakers on various issues related to CEDAW, including monitoring its implementation, using it as a legal tool to eliminate discrimination, the feminist perspective and ensuring the treaty's relevancy at the local level. The keynote speaker was Shanthi Dariam, the CEDAW committee member from Malaysia. She spoke on how to use CEDAW to achieve equality for women. The report includes papers from the conference written by the speakers as well as meeting notes from conferences in Belfast and Dublin at which Dariam spoke. Compiled from: WHRA-Ireland, available at http://www.whra-ireland.org/index.html; "Taking CEDAW Seriously" Conference Report, Women's Human Rights Alliance, Press Release, 30 August 2006.
OSCE Releases Results of Human Trafficking Studies in Yerevan
Two studies were presented by the Organization for Security and Co-operation in Europe (OSCE) regarding trafficking in human beings in Armenia. The studies were conducted by the Armenian Sociological Association and the Armenian Relief Society and analyzed the understanding of trafficking of different social groups in Armenia, as well as identified which groups are most commonly victims of trafficking. The first study found the group to be most at risk of trafficking was institutionalized children and their care takers. Though they are at an increased risk for being trafficked, they are uninformed on the problem of trafficking in general. Also, the study found that those thinking of leaving Armenia to work in another country do not know the procedures for legal migration; their main source of information is people who have already left the country, which may not be that reliable. The second study surveyed some people suspected to be victims of trafficking. They found that the greatest country for labor trafficking was Russia and that men are the majority of victims. For women, the greatest trafficking countries were the United Arab Emirates and Turkey where they were subject to commercial exploitation. These studies show that more needs to be done to raise awareness of trafficking and to inform Armenians on the procedures involved in legal migration. These studies were done in response to the Armenian National Plan of Action on Combating Trafficking, which calls for more research on the phenomenon of trafficking. Compiled from: OSCE Office in Yerevan Presents Results of Human Trafficking Studies, Press Release, OSCE, 8 September 2006. http://www.osce.org/item/20417.html.
Legal Training: "Analyzing the Law from Gender Perspective"
Legal training will be taking place 13-19 November 2006 in Belgrade regarding gender based violence. The Center for Prevention of Domestic Violence will be hosting the training, with three experts to facilitate it. The cost is three hundred Euros plus transportation and hotel costs (approximately fifty-five to sixty-five euros per day); meals are included in the cost. There is some financial aid available. If interested, please contact Mirjana Tejic at tejicm@eunet.yu or + 381 63 7041 979. The application deadline is 15 September 2006; please include a motivation letter with personal details and a CV. Click here to view the agenda. Compiled from: Serbian Center for Prevention of Domestic Violence, UN-INSTRAW Wiki, last visited 15 September 2006.
16th Anniversary of 16 Days Campaign
This year marks the 16th anniversary of the 16 Days of Activism Against Gender Violence Campaign. The 16 days run from November 25, which is International Day Against Violence Against Women, to December 10, International Human Rights Day. According to the 16 Days press release, the goal of the campaign is to "increase the visibility of violence against women as a human rights violation." The theme for this year's campaign was announced in August. This year the focus is on activists who have helped make the campaign into what it is today. Many of these activists and human rights defenders have been the victims of violence and intimidation due to their role in defending women's rights. This theme brings home the main goal behind the 16 days campaign: stopping violence against women is an important part of advancing human rights. Compiled from: Center for Women's Global Leadership, 16 Days of Activism Against Gender Violence, http://www.cwgl.rutgers.edu/16days/home.html, 8 September 2006 Center for Women's Global Leadership, What's New, "16 Days Theme Announcement", http://www.cwgl.rutgers.edu/globalcenter/whatsnew.html 8 September 2006.
Preventing Trafficking and Prostitution through Use of Posters
The European Women's Lobby and the Coalition against Trafficking in Women (CATW) have introduced anti-trafficking posters as part of their joint Preventing trafficking and prostitution project. The project was created to help prevent trafficking and prostitution in 14 European countries. One aspect of the Project is helping to support women's non-governmental organizations (NGOs) in the targeted countries as they deal with trafficking and other women's issues. The anti-trafficking posters include messages like "Every seventh man buys helpless women and children for sexual use," and "A woman is not a product." To view the posters from the different countries involved, please click here. Compiled from: European Women's Lobby, www.womenlobby.org, September 8, 2006.
Czech Republic: NGO Shadow Report to UN CEDAW Committee
A shadow report has been filed on behalf of the Czech Republic to the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). It was written for the consideration of the committee at the August 2006 session. This report reviews the human rights violations against women in the Czech Republic, focusing largely on the Romani, as observed by the European Roma Rights Centre (ERRC), Gender Studies, and the League of Human Rights. The report stressed the human rights violations against all women, but also focused on specific violence against the population of Romani women. Some serious claims in the report are the following: - Forced sterilization of Romani women: practiced beginning in the Communist era, and most recently in 2001 (for documented cases)
- Domestic violence: insufficient training of professionals, therapeutic programs for victims and perpetrators, victim services in various regions, comprehensive services, investigation, and protection from “stalking”
- Legal protection from discrimination: no comprehensive anti-discrimination law, very few cases reviewed by Czech authorities and even fewer with positive results
- Government policy: push for equality has been almost completely at the NGO level. there is little public awareness and representatives are unhelpful in promoting gender equality. More serious problems occur with the Romani women.
- Low participation of women: both in government/public life and the study of science and technology. There is no law helping women increase their representation in the governmental bodies and education is still segregated, giving Romani children less of an opportunity.
- Child support: a bill requiring payment of child support has been rejected, making the situation of single mothers more difficult. The Czech Republic also has the highest rates of small children placed in state care.
This report illustrates that there is much progress to be made in the Czech Republic regarding its treatment of women. In response to this report, ERRC states that CEDAW has strongly advised the Czech government to implement reforms in the area of sterilization, including better and ongoing training of professionals, compensation to victims, and legislation regarding consent. They also ask for the implementation of discrimination laws. The full Shadow Report is available for download here.
United Nations: Hungary Coercively Sterilised Romani Woman
UN Committee on the Elimination of Discrimination against Women Condemns Hungary for Violations of International Law
Budapest, 31 August 2006. In a decision communicated this week, the UN Committee on the Elimination of Discrimination against Women (CEDAW) condemned Hungary for violating the Convention on the Elimination of All Forms of Discrimination against Women in connection with the sterilisation of a Romani woman without her consent in January 2001.
On 2 January 2001, a Romani woman (Ms. S.) was sterilised by doctors at the Fehergyarmat hospital. While being operated on in connection with a miscarriage, she was asked to sign forms giving her consent to this and other operations, without a full explanation about the intervention, its nature, possible risks, or what the consequences of being sterilised would be. She was not told about other forms of birth control either. It was only after the operation that she learnt that she could not become pregnant again.
On 15 October 2001, Ms. S and her attorney filed a civil claim for damages against the hospital. They requested finding the hospital in violation of the plaintiff's civil rights and that it had acted negligently in its professional duty of care with regard to the sterilisation of Ms. S in the absence of her full and informed consent. The claim was turned down on 22 November 2002.
On appeal, the Szabolcs-Szatmar-Bereg County Court held that the hospital doctors had indeed acted negligently in failing to provide Ms. S with the relevant information about the sterilisation and stressed that "the information given to the plaintiff concerning her sterilisation was not detailed ... [and that she] ... was not informed of the exact method of the operation, of the risks of its performance, and of the possible alternative procedures and methods". Nevertheless, the same Court concluded that sterilisations as such are fully reversible operations and that since Ms. S. had provided no proof that she had suffered a lasting detriment, she was not entitled to compensation.
Since Hungarian courts failed to provide adequate remedy for Ms. S. on 12 February 2004, the European Roma Rights Centre (ERRC) and the Legal Defence Bureau for National and Ethnic Minorities (NEKI) jointly filed a complaint against Hungary with CEDAW relating to the illegal sterilization. The complaint asserted that Hungary, as a State Party to the Convention on the Elimination of All Forms of Discrimination against Women, is in violation of a number of provisions of the Convention, as a result of (1) failures to provide adequate information on contraceptive measures and family planning, (2) the lack of informed consent on the part of Ms. S. as a violation of her right to appropriate health care services, and (3) interference with Ms. S.’s ability to have children in the future.
In its decision communicated, the Committee stated that it was convinced by the ERRC/NEKI arguments that sterilization is intended to be irreversible, that the success rate of surgery to reverse sterilization is low and depends on many factors, and that reversal surgery is risky. With respect to the claim that Hungary violated the Convention by failing to provide information and advice on family planning the Committee stated that the applicant “has a right protected by article 10(h) of the Convention to specific information on sterilization and alternative procedures for family planning in order to guard against such an intervention being carried out without her having made a fully informed choice.”
In connection with the sterilization surgery without an informed consent the Committee reiterated that according under article 12 of the Convention, States parties shall “ensure to women appropriate services in connection with pregnancy, confinement, and the post-natal period”. According to its General Recommendation 24, "Acceptable [health care] services are those that are delivered in a way that ensures that a woman gives her fully informed consent, respects her dignity, guarantees her needs and perspectives. States parties should not permit forms of coercion, such as non-consensual sterilisation."
The Committee also recalled its general recommendation 19 in which it states that “Compulsory sterilization…adversely affects women’s physical and mental health, and infringes the right of women to decide on the number and spacing of their children.” The Committee found that the sterilization surgery was performed on Ms. S. without her full and informed consent and must be considered to have permanently deprived her of her natural reproductive capacity, therefore her right to decide freely and responsibly on the number and spacing of her children was also violated.
In conclusion, the Committee holds that appropriate compensation should be paid to Ms. S. commensurate with the gravity of the violation of her rights. The Hungarian government should also ensure that the relevant provisions of the Convention and the pertinent paragraphs of the Committee’s general recommendations in relation to women’s reproductive health and rights are known and adhered to by all relevant personnel in public and private health centres, including hospitals and clinics.
The decision further states that the government should review domestic legislation on the principle of informed consent in cases of sterilization and ensure its conformity with international human rights and medical standards. It should also repeal provisions allowing physicians “to deliver the sterilization without the information procedure generally specified when it seems to be appropriate in given circumstances”. Public and private health centres which perform sterilization procedures, including hospitals and clinics, should be monitored so as to ensure that fully informed consent is being given by the patient before any sterilization procedure is carried out, with appropriate sanctions in place in the event of a breach.
This is the second time that the Committee has found Hungary in breach of the Convention on the Elimination of All Forms of Discrimination against Women.
The decision is among important moves by domestic and international tribunals to provide redress to victims of coercive sterilisation in a number of countries of Central and Eastern Europe. These efforts have not yet been matched by governments: as yet there have been few if any acknowledgements of the systemic nature of race-based infringements of the right to informed consent in sterilisation matters, and the subsequent extreme human rights abuses inflicted on many Romani women.
The New York-based Center for Reproductive Rights provided additional legal analysis supporting the arguments of ERRC/NEKI.
For further details on this case, please contact dr. Anita Danka at ERRC (anita.danka@errc.org), (36 1) 41 32 200, or dr. Bea Bodrogi at NEKI (bbodrogi@yahoo.com), (36 1) 303 89 73 or (36 1) 31 3144 998.
Further information on regional efforts to challenge the coercive sterilisation of Romani women is also available by contacting the offices of ERRC. Published in: United Nations: Hungary Coercively Sterilised Romani Woman, European Roma Rights Center, Press Release, 31 August 2006.
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